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06.18.98City of Samford PYanninZand .�qn-mg Commission Re arlv Sc eduled Meetin 7:00 P.M. Thu rsday, June 18, 1998 City Commission Chambers, City Hall, Sanford, Florida AGENDA 1. Hold a Public Hearing to consider a request to Rezone property located at 1 002 W. 25 Street from RMOI, Multiple Family Residential - Office- Institutional to GC -2, General Commercial. Tax Parcel No: 30- 19 -30- 524 - 0800 -0190 Property Owner/representative: Corrine Plouffe 2. Hold a Public Hearing to consider a request for a Conditional Use for property located at 218 W. 12t Street for the purpose of a duplex within an SR -1, Single Family Residential Zoning District. TABLED FROM JUNE 4, 1998 _ Tax Parcel No: 25- 1 9- 30- 5AG - 1305- 0100 -09 Property Own erlrepresentative: Harold S. Nobles, Jr. 3. Hold a Public Hearing to consider a request for a Conditional Use for property located at 1514 S. Mangoustine Avenue for the purpose of establishing a church office and multi- purpose building with an associated Dimensional Variance for a reduction in side yard building setback requirements within an MR -2, Multiple Family Residential Zoning District. TABLED FROM JUNE 4, 1998 Tax Parcel No: 35- 19- 30- 503 - 0000 -0100 Property Owner: Holy Trinit Church of God in Christ Representative: Jeffrey Wil lams 4. Hold a Public Hearing to consider a request for a Conditional Use for property located at 1115 and 1115 Myrtle Avenue for the purpose of a two family use within an SR -1, Single Family Dwelling Residential Zoning District. Tax Parcel No: 25- 19 -30- 5AG -1305 -0090 Property owner: Kathleen Plyler Representative: Jay Marder, City of Sanford 5. Hold a. Public Hearing to consider a request for a Conditional Use for property ,located at 2544 S. French Avenue for the {purpose of a car lot within a GC -2, General Commercial Zoning District. Tax Parcel No: 01- 20 -30- 504- 1500 -0020 Property Owner/representative: Donald J. Terry, Jr. 8. Hold a Public Hearing to consider a request for a Conditional Use for p, roperty located at 1501 W. 1s' Street for the purpose of above ground propane/gas/diesel fuel strage tanks within a GC -2, General Commercial Zoning District. Tax Parcel No: 25- 19 -30- 5AG - 0318 -0000 Property Owner: Beverly Mason Representative: Peter Milovic - Sunbelt Rentals 7. Any other business from floor or Commission Members. 8. Reports from Staff. 9. Minutes. ADVICE To THE PUBLIC. If a person decides to appeal a decision made with'respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings including the testimony and evidence, which record is not provided by the City of Sanford (FS 288.0105) Persons with disabilities needing assistance to participate in any of these proceedings should contact the personnel office ADACoordinator at 330 -5828, 48 hrs in advance of the meeting. MINUT PLANNING AND ZONING COMMISSION MEETING OF JUNE 18 1998 7 :00 P.M. CITY CONH IISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT: Jim Valerino Ross Robert Otto Garrett Mike Skat Ben Dyal Kevin Hipes Mac McClanahan MEMBERS ABSENT: Helen Stairs - excused OTHERS PRESENT: Jay Marder, Director of P1,anning and Development Russ Gibson, Land Development Coordinator The first item on the Agenda was to hold a Public Hearing to consider a request to Rezone property located at 1002 W. 25* Street from RMOI, Multiple Family Residential - Office - Institutional to GC General Commercial. Corrine Plouffe, 1 002 W. 25m Street, was present. She stated that she has been in business in Sanford for the past 6 years. She has purchased this property and presently lives here. Most of her business will be out of the shop The cart will be used on the weekends, holidays, and special occasions. Mr. Marder stated that he and Ms. Plouffe discussed Staffs recommendations as she was applying. He noted that Staff would not be able to support a typical general commercial zoning in this area but possibly Staff would provide for a planned development that would restrict, yet allow, her to conduct the activity that she is desirous of She understands that she would have to do a site plan and eventually she would get an occupational license if this is approved. . Ms. Plouffe stated that she had no objections to Staff's recommendations if they allowed her to continue her business. Mr. Skat moved on approval based on Sta fr s recommendations. Seconded by Mr. Dyal. All in favor. Motion carried. The next item was to hold a Public Rearing to consider a request for a Conditional Use for property located at 218 W. 12� Street for the purpose of a duplex within an SR 1, Single Family Residential Zoning District. Tabled June 4, 1998. Mr. Dyal moved to remove from the table. Seconded by Mr. Skat. All in favor. Motion cazried. Sam Nobles stated that the house has been condemned. It was a duplex in 1983. After discussion re garding Ni[NMS PLANNING AND TONING COMMISSION MEETING OF JUNE 1850 1998 PAGE 2 whether or not Mr. Nobles has authorization to act on behalf of the owner, Mr. Skat moved to table. Seconded by Mr. Garrett. All in favor. Motion carried. Next on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 1514 S. Manpwtine Avenue for the purpose of establishing a church office and multi-purpose building with an associated Dimensional Variance for a redaction in side yard building setback requirements within an MR-2, Multiple Family Residential Toning District. Tabled June 4, 1999. Mr. Robert moved to remove from the table. Seconded by Mr. Dyal. All in favor. Motion carried. Jeffrey Williams, 1511 Dixioway, was present to represent this request He stated that they are requesting a 40x24' modular building to be placed in the rear of the church. It will be used as an office two to three times a week. Dorris Williams, Cbairman of the Trustee Board of Holy Trinity, stated that he is in favor of the request because the church is growing and the office and other facilities are needed There being no one else in favor or in opposition to the request, Mr. Robert moved to approve per Staff's recommendations. Seconded by Mr. Dyal. All in favor. Motion. carried. Next on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 1115 and 1115 V2 Myrtle Avenue for the purpose of a two family use within an SR-1, Single Family Dwelling Residential Toning District. Kathleen Plyler, 1414 S. Highway 441, Apopka, was present. She stated that she has owned the property since 1950. The garage apartment, which is entirely a unit, was rented at that time. She would like to live, alone, in the garage apartment. Lon Howell, 1109 Park Avenue, stated that none of these properties were grandfathered in at the time the City did the rezoning. When the rezoning started, the intention was to stop people from converting these properties into four and five units and duplexes, and becoming drug infested The intention was not to stop an owner /occupied in a garage apartment. This would be good for the owner. Deanna Plyler, the applicant's daughter, stated that she is the only close relative to the applicant. She would like for her mother to live closer to her. This is becoming a place for the teenagers to come. In opposition to the request was Larry Dorcey, 1020 S. Myrtle Avenue. He questioned the impact on the Historic District. He is opposed to allowing anything that would be different than what anything in the Historic District was intended to be. He is in favor of maintaining and improving the historic nature of the neighborhood. Virgil Hurley, 1108 S. Park Avenue, stated that he was representing approximately two dozen homeowners in the area. He stated that this property does not have a large area and is fronted on an alley The space is very corned and questions whether two vehicles can park on this site. The owner has had ample time to fix up the property. He stated that not one of the homeowners that he is representing feels that there should be a conditional use on the property. He suggested that the Barge apartment be brought into the of the front and use it for storage or as a study. He does not see that there is enough room there and the condition that it is in and the amount of money needed to go into it to make it viable two years dawn the line. He stated that he would feel more comfortable if the improvements were made and then brought hack before Planning and Toning. MUSTAJTBS PLANNING AND TONING COMMISSION METING OF JUNE 18, 1998 PAGE 3 Tarn Williamson, 1148 S. Myrtle Avenue, stated that he originally carne to oppose this request not knowing that the owner was planning on living in the apartment. He does not have a problem with it as long as the applicant does What she says she going to do and provided that its only owner- occupied He asked that the improvements be continued to the front rental property as well. Mr. Dyal moved to approve the use with the condition that it must be owner occupied with a two year review. Seconded by Mr. McClanahan. All in favor. Motion carried The next item on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 2544 S. French Avenue for the purpose of a car lot within a G 2, General Commercial Toning C District. Donald J Terry, 2544 S. French Avenue, stated that he has more than enough room to move the cars in and out. Originally, this car lot contained 17 cars, he brought it down to 12. He would like to install a fence in the rear so that the neighbors don't have to look at his car lot. He would like to install some shrubs. He stated that he tries not to get into major repair work. The fence in the rear also provides for storage so that when a car is sold, a car can be brought out from the back. Fred Fontaine was present representing Elaine Wonder, an owner of property on Hiawatha. He stated that within the last few months, more and more cars have been added. There is a boat, a boat on a trailer and a motor home there now. Mr. Fontaine requested that the applicant be allowed to display no more than 6 or 7 cars. Mr. Dyal moved on the approval of the increase to go up to 12 cars and also subject to site plan review Seconded by Mr. McCI ban Mr. Skat and Mr. Valerino opposed to the motion. All others in favor. Motion carved Mr. Robert nominated Mr. Valerino for Chairman. Seconded by Mr. Garrett. All in favor. Motion carried Mr. Dyal nominated Mr. Skat for Vice Chairman. Seconded by Nor. Robert. All in favor. Motion camel Next on the Agenda was to hold a Public Hearing to consider a request for a Conditional Use for property located at 1541 W. ? Street for the purpose of above ground propane/gas/diesel fuel storage tanks within a GC-2, General Commercial Toning District. Peter Milovic, representing SunBelt Rentals, stated that the request is made because of the type of equipment that will be leased It is important to their daily operation because of incoming and outgoing equipment rental. They will be in operation 6 days a week, 12 hours per day. The propane will be made available for retail sales. They will be doing quite a bit of business on a retail level. Homeowners will be able to come in and rent everything from small hand held tools to weed eaters, and everything up to backhoe loaders, medium sized construction grade equipment, etc. Mr. Dyal moved on approval. Seconded by Mr. Skat. All in favor. Motion carried Mr. Dyal moved to remove Item 2 from the table. Seconded by Mr. Skat. All in favor. Motion carried. Mr. Marder noted that the Building Official has stated that " the property referenced above is condemned Inspection of the premises discovers that there was severe fire accompanied by dilapidation due to age, the elements of nature and neglect. It also appears to be non - conforming setbacks of rear structure as well. It is the opinion of this Department that structures are deteriorated beyond the 50% threshold of Schedule L. It should not be allowed to be restored. The tax value of all structures on premises is only $22,751. PLANNING AND ZONING CONMSSIGN MEETING OF JUNE 18, 1998 PAGE 4 Mr. Valerino determined that Mr. Nobles must make this request through the City of Sanford' s Planning and Zoning Commission in his objection to hawing to appear and make this request. Mr. Nobles explained that there are several duplexes in the area. He stated that the house meets the setback requirements. It faces two side streets and has access for police and fire. Lon Howell, 1109 Park Avenue, asked the Commission to deny this request based on the Building Official's assessment. Tom Williamson, 1108 S. Myrtle, stated that this property has been a constant problem to the neighborhood.. The neighbors have had to endure parties late at night, drug dealings out of the house, furniture on the front lawn for months, cars on the front lawn and it is a disgrace. He stated that this is an insult to the neighborhood and asked that the Commission deny the request- George Baline, 1112 S. Myrtle Avenue, encouraged owner - occupied or single family for his neighborhood. Tina_ Newton, 1118 S. Park Avenue, stated that she would like to see the property as single family. Mr., Skat moved to deny based on land use and zoning laws that are established Seconded by Mr. McClanahan. Mr. Dyal noted that it will not be owner - occupied, that the building is currently condemned and the only reason the people moved, out is because it is condemned, and the history of problems there. Mr. Valerino noted that this is a true duplex as opposed to a garage apartment. All in favor of the motion. Motion carried. A motion to approve the Minutes was made and seconded. All in favor. Motion carried.. There -being no. further business, the meeting adjourned -at 9:45 P.M. q o J' Valerino, Chairman Staff Recommendations to City of Sanford Planning and Zoning Commission for June 18, 1998 Meeting Compiled June 12, 1998 ^ mo By City of Sanford Department of Engineering and P CORRINE PLOUFFE - Request to rezone from RMOI, Multiple Family, Office and Institutional to GC -2, General Commercial for property located at the northwest corner of Lake Avenue and 25` Street. 1. Site is Zoned RMOI, Multiple Family Residential, Office and Institutional and includes a single family dwelling. Site includes approximately 17,700 square feet in land area and fronts 25` Street/County Road 46A and Lake Avenue. 2. The Future Land Use Plan Map of the Future Land Use Element of the Comprehensive Plan reflects a Neighborhood Commercial land use designation for the parcel and adjoining parcels adjacent to 25 Street. 3. Zoning adjacent to the site includes RMOI, Multiple Family Residential, Office and Institutional on the north side of 25 Street. Site is also adjacent to MR -3, Multiple Family Residential (20 DU/Acre) and unincorporated land Zoned R1 -A, Single Family Residential to the south. 4. Uses adjacent to the site include offices Zoned RMOI and single family residential Zoned MR -3. A beauty shop is located just southwest of the site in a PD, Planned Development Zone that permits RMOI uses plus a beauty shop. 5. While there are locations where the Future Land Use Plan reflects Neighborhood Commercial that are Zoned GC -2, General Commercial, the preferred and recommended zoning districts include RC -1, Restricted Commercial and RMOI, Multiple Family Residential, Office, and Institutional. The immediate vicinity of the site does not evidence GC -2 or RC -1 zoning. 6. The applicant states in a letter attached to the application that a flower stand is important to the specific business being proposed at the site. 7. Recommend that instead of GC -2, General Commercial as requested, the property be rezoned to PD, Pianged Development with the permitted uses being those same uses permitted in RMOI Zoning plus a flower shop with a single outdoor display limited to ten (10) feet by ten (10) feet in size based on: 1) maintaining the established office type uses already established in the immediate area and 2) the neighborhood scale of the activity requested, that being a flower shop. Planning Recommendations, Page 1 of 5 HAROLD S. NOBLES. JR. - Request conditional use approval to establish a duplex in an SR- 1, Single Family Residential Zoning District located at the northeast corner of Myrtle Avenue and 12` Street. 1. Site is Zoned SR -1, Single Family Residential and includes a residential building that appears to have two addresses, one on 12` Street and one on Myrtle Avenue. 2. Site is adjacent to various residential uses including various single family dwellings, various two- family dwellings (duplexes) and various properties with principle single family dwellings with accessory dwelling units such as garage apartments. The City rezoned this neighborhood from a multiple family zoning district to SR -1, Single Family Residential in 1983. In general, the City's policy since then has been to discourage multiple family uses. However, the Planning and Zoning Commission has reviewed several requests for two- family dwellings and has approved at least one such request to reestablish two - family use of a property based on compatibility issues and character of the immediate area. Specifically, on February 16, 1995 the Planning and Zoning Commission approved a conditional use permit to allow two dwellings at 1120 South Palmetto Avenue with the conditions that 1) rentals are restricted to family members, 2) one unit to be owner - occupied and 3) a two year time limit to be reconsidered by the Planning and Zoning Commission. Likewise, the Planning and Zoning Commission has denied most applications to establish or reestablish multiple family use within the rezoned SR -1 area. For example, on February 20, 1992 the Planning and Zoning Commission denied a request to establish a two - family dwelling at 400 South Palmetto Avenue, a decision which was upheld by the Fifth District Court of Appeals on May 3, 1993. 4. The question is one of policy regarding the immediate area surrounding site. 5. The applicant has not provided documentation to support the application in terms of meeting the criteria for a conditional use as set forth in the Zoning Ordinance. 6. Two alternative recommendations are provided: 1) Deny the request based on land use and zoning policy already established in the neighborhood; or 2) Approve the request to establish a two family dwelling based on similar uses already established in the blocks immediately surrounding the site. Recommend action as deemed appropriate. HOLY TRINITY CHURCH OF GOD FOR CBMST/REVEREND JEFFERY P. WILLIAMS - Request for conditional use approval to expand a nonconforming structure in order add a building to an existing church Zoned MR -2, Multiple Family Residential located at 1514 South Mangoustine Avenue. 1. Site is Zoned MR -3 and includes a small existing church building of approximately 1,800 square feet on a site of approximately 15,500 square feet. The existing building is a lawfully existing nonconforming structure because it is too close to the side and front property lines. 2. Various single family dwellings and an elementary school are located in the general vicinity of site. Planning Recommendations, Page 2 of 5 3. Applicant has provided a layout of the proposed additional building, which is proposed to have six (6) foot side yard building setbacks instead of the required ten (10) foot setback. 4. Several buildings in the vicinity of the site appear to have similar nonconformities to the subject including front and side setbacks. 5. Recommend that the conditional use request to expand a nonconforming structure and use be approved based on the existing character of the immediate area at the present time and the fact that the proposed building setbacks are similar to setbacks provided by other properties in the general area. KATHLEEN PLYLER — Request conditional use approval to establish a duplex in a SR -1, Single Family Residential Zoning District located at 1115 and 1115 1 /z South Myrtle Avenue. Site is Zoned SR -1, Single Family Residential and includes a principal residential building that fronts on Myrtle Avenue and a second, two -story residential structure that is located in the rear yard with access to the alley between Park Avenue and Myrtle Avenue. The principle building at 1115 South Myrtle Avenue is considered to be a contributing structure in the Residential Historic District. 2. Site is adjacent to various residential uses including various single family dwellings, various two - family dwellings (duplexes) and various properties with principle single family dwellings with accessory dwelling units such as garage apartments. The City rezoned this neighborhood from a multiple family zoning district to SR -1, Single Family Residential in 1983. In general, the City's policy since then has been to discourage multiple family uses. However, the Planning and Zoning Commission has reviewed several requests for two - family dwellings and has approved at least one such request to reestablish two - family use of a property based on compatibility issues and character of the immediate area. Specifically, on February 16, 1995 the Planning and Zoning Commission approved a conditional use permit to allow two dwellings at 1120 South Palmetto Avenue with the following conditions: 1) rentals are restricted to family members, 2) one unit to be owner - occupied and 3) a two year time limit to be reconsidered by the Planning and Zoning Commission. By contrast, the Planning and Zoning Commission has denied certain applications to establish or reestablish multiple family use within the rezoned SR -1 area. For example, on February 20, 1992 the Planning and Zoning Commission denied a request to establish a two - family dwelling at 400 South Palmetto Avenue, a decision that was upheld by the Fifth District Court of Appeals on May 3, 1993. 4. The question is one of policy regarding the immediate area surrounding the site. 5. This application was processed by the Department of Engineering and Planning at the request of the City Commission on April 27, 1998. The City Commission intended that the Planning and Zoning Commission's review of this conditional use permit would result in a recommendation to the City Commission for final action. A relative of the owner has been contacted and has acknowledged that the owner is aware of this application. The owner has not provided documentation to support the application in PIanning Recommendations, Page 3 of 5 terms of meeting the criteria for a conditional use as set forth in the Zoning Ordinance. 6. Two alternative recommendations are provided: 1) Deny the request based on land use and zoning policy already established in the neighborhood; or 2) Approve the request to establish aIwo family dwelling based on similar uses already established in the blocks immediately surrounding the site. Recommend action as deemed appropriate. DONALD TERRY — Request conditional use permit to expand an automobile sales establishment in a GC -2, General Commercial Zone located at 2544 South French Avenue. Site is Zoned GC -2, General Commercial and includes an existing automobile sales establishment that was approved by the Planning and Zoning Commission on November 15, 1990 with the condition that not more than 7 cars be located on the lot at any one time. A copy of the previously approved site plan titled, "McGuire Auto Sales" is attached. The site is approximately 50 feet wide and 257 feet long for a total of approximately 12,500 square feet or .29 acre. The staff recommendation in 1990 was to deny "because the narrow width of the site prevents the adequate provision of on -site circulation necessary to conduct automotive dealer sales." 2. The applicant requests the ability to place up to 12 automobiles on the site plus the ability to store additional vehicles of an unspecified number in a proposed fenced area that would be 130 feet by 30 feet located on the west side of the property. The applicant has provided an "explanation /justificatiop for request" which is attached to the application. 3. Recommend denial of the request to expand the automobile sales activity on the site because the limited size and narrow configuration of the property does not provide sufficient land area to expand the proposed use and provide adequate ingress /egress or adequate on -site traffic circulation. SUNBELT RENTALS/PETER D. MILOVIC - Request conditional use approval to establish above ground fuel storage tanks in a GC -2, General Commercial Zone located at 1501 West First Street. Site is Zoned GC -2, General Commercial and includes building(s) with paved and fenced areas on approximately 64,000 square feet. Site fronts State Road 46 West/First Street. Site also fronts Jessamine Avenue (improved) and two unimproved rights -of -way (Oleander Avenue and Second Street). Site appears to be vacant at the present time. 2. Site is adjacent to single .family dwellings, a church to the south and vacant land. Various businesses are located in general vicinity of site along West First Street including automobile and truck repair, automobile sales, automobile auction, offices, retail sales and services and multiple family dwellings. A hospital is located north of site. On May 7, 1998 the Planning and Zoning Commission granted a conditional use permit to allow major equipment rental conditioned upon: 1) provision of a minimum ten (10) foot landscaped buffer on First Street; 2) required landscape and screening provided for adjacent residential uses and 3) provision of a fully improved/paved access to the unimproved easterly ingress /egress to the site from Oleander Avenue. City staff has Planning Recommendations, Page 4 of 5 subsequently approved a site plan for the project. 4. The applicant proposed to establish above - ground fuel storage tanks for gasoline, diesel and propane fuel. 5. Recommend approval of request to establish fuel storage tanks for gasoline, diesel and propane fuel based on nature of equipment rental business and the related need for fuel facilities with such a business with the condition that such facilities be screened from view of adjacent property with opaque material. Planning Recommendations, Page 5 of 5