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02.04.93FROM THE LAND DEVELOPMENT COORDINATOR rirI?r 2 a T: Planning and Zoning Commission SUBJECT: Regularly Scheduled Meeting of the Planning and Zoning Commission, 7:00 P.M., Thursday, February 4, 1993, in the City Cormnission Chambers, City Hall, Sanford, Florida AGENDA 11 Hold a Public Hearing to consider a request for a Conditional Use for property l ocate d a t 1100 E. First Street in are RMOI, Multiple Family residential -Office- Institutional Zoning District for the purpose of a private tutoring school. Owner: Jeno F. Paulucci Representative: Patricia T. Kyer 2. Hold a Public Hearing to consider a request for a Conditional Use in a -2, General Commercial Zoning District, for property located at 503 Sanford Avenue for the sale of beer and wine in Conjunction with food (Class . Owner: John W. & Delores Anderson Representative: Tub's Sandwich Shop Any other business from floor or Commission Members. Reports from Staff. Approval of Minutes. ADVICE To THE PUBLIC, If a person decides to appeal a decision made with respect to any matter considered apt 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 286.0105). PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN I F THESE PROCEEDINGS SHOULD CONTACT THE PERSONNEL OFFICE ADA COORDINATOR AT 330-5626 HOURS IN ADVANCE OF TIME MEETING. FROM THE LAID DEVELOPMENT COORDINATOR February 3. 1 TO: Planning and Zoning Commission SUBJECT: Regularly scheduled Meeting of the Planning and Zoning Commissions, Thursday, February y 4 , 1993,, at 7:00 P.M. in the City Cammission Ch a a cs r City Hall, Samford, Florida ADDENDUM To THE AGMMA 10 Consider the Site Plan for a sign for Teen Challenge located at 3706 S. Samford Avenue in an RI-1, Restricted Industrial Zoning District, Representative: Terry Hance. 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 /she may need a verbatim record of the proceedings including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) Persons with disabilities needing assistance to participate in any of these proceedings should contact the Personnel Office ADA Coordinator at 330 - -5626, 48 hours in advance of the meeting. MINUTES PLANNING AND ZONING COMMISSION MEETING OF FEBRUARY 4, 1993 7 :00 p.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT: Joe Dennison Helen Stairs Mike Davis Tom Speer Cathryn welch Cynthia Holt - Miller Leon Brooks John LeRoy MEMBERS ABSENT: Hen Dyal OTHERS P Jay Marder, Director of Planning and Development Russ Gibson, Planning Technician Bettie Sonnenberg, Land Development Coordinator Marion Anderson, Recording Secretary The meeting was called to order at 7:00 P.M. The first item on the Agenda was to hold a Public Hearing to consider a request for a conditional Use for property located at 1100 E. First street in an RMOI, Multiple Family Residential - office- Institutional Zoning District for the purpose of a private tutoring school. owner: Jeno F. Paulucci; representative: Patricia T. Kyer. Patricia Kyer of Port orange stated that she would like to open a private tutorial academy consisting of students who need more time, more space and more attention. She stated that she is and has been a teacher, an administrator and superintendent of public schools, and a grant writer. Mr. Davis asked how many students would be at the school at any one time. Ms. Kyer stated that there would be a maximum of 8 at any one time. She stated that this school would have a family atmosphere because the students are students who have been given up on by the school system and by some families. She stated that there would be two teachers at this facility. Mr. Speer asked the hours of operation. Ms. Kyer stated that she would be open from 8:30 to 3 :00. Mr. Marder explained that everything had been checked including a standard site plan. Mrs. Sonnenberg explained that there is adequate parking for this school. Mr. Dennison asked if the building and physical site and parking meets the codes. Mr. Marder stated "yes ". Mr. Brooks asked what grade level the students would be. Ms. Kyer stated grades 7 through 12. There was no one else present to speak in favor of or against the proposed request. Mr. Speer moved for approval based on staff's recommendations. Seconded by Mrs. welch. There was no discussion. Mr. Dennison stated that the Commission had fulfilled the requirements of the findings. All in favor. Motion carried, iiiINUTES PLANNING AND ZONING COMMISSION MEETING of FEBRUARY 4, 1993 PAGE 2 The next item on the Agenda was to hold a Public Hearing to consider a request f or a Conditional Use in a GC -2, General Commercial Zoning District, for property located at 503 Sanford Avenue for the sale of beer and wine in conjunction with food (Class 5). owner: John W. & Delores Anderson; representative: Tuby's Sandwich Shop. Walter Lee, 3730 Laurel Avenue, stated that he would like to be competitive with the other sandwich shops around and sell beer and wine with the sale of food. 'He clarified that the restaurant is already in operation and is open from 10:00 A.M. to 5:00 P.M. He stated that evening meals are served and that his seating capacity is approximately 12. Mrs. Stairs questioned Item No. 2 of Staff's recommendations, that the building appears to be nonconforming without the proper setbacks; and Item No. 3, that there is a church in the immediate vicinity, and asked what the Commission is looking for in terms of regulations. Mr. Marder stated that there is no proximity requirement on this type of license. This is for beer and wine only and that full service liquor requirements have the 2,000 feet proximity code. Mr. Dennison asked if Class 5 is strictly for the sale of beer and wine with consumption of food on premises only. Mr. harder stated "yes" Ms. Holt - Miller asked if there are any problems with the parking there now. Mr. Lee stated "no ". Mr. Brooks stated that there is frontal and side street parking. Mr. Kurt Malcolm, 422 Sanford Ave., was present and in opposition. He stated that he owns the business across the corner. He presented the Commission with a petition consisting of several signatures in opposition to the sale of beer and wine. He stated that there is already a drug problem behind the pool hall. Mr. Malcolm explained that two blocks down the street, there is another business selling beer and wine. He stated that because of the drug problem behind the pool hall, he had to replace 4 windows within the last year. Mr. Dennison asked if the beer and wine would stay within the restaurant. Mr. Malcolm stated "yes" but that patrons could come into the restaurant from the pool hall. Mr. Lee explained that there is a partition up and that there is a door that leads in and out of the pool hall. Ms. Holt- Miller asked if most of the business was coming from the pool room. Mr. Lee stated "yes". Mr. Speer explained that it would be off premises if someone walked from the restaurant into the pool hall and stated that the applicant would have to lock the door between the pool hall and the restaurant. Mr. Lee stated that there is a lock on the door but that it is the type that is push button. Mr. Brooks stated that perhaps a lock should be installed so that the patrons would have to enter through the front door only. Mr. Speer asked how would this be enforced, and if the City waits for public complaints. Mr. Marder explained that if the Police Department sees a violation, they will act on it. He stated that the Police do not go out looking for something like this. MINUTES PLANNING AND ZONING COMMISSION MEETING OF FEBRUARY 4, 1993 PAGE 3 Mrs. Stairs asked the seating capacity. Mr. Lee stated that he has approximately 12 seats. Mr. Brooks asked Mr. Lee if this what he had in mind and if he was clear on what was being discussed. Mr. Lee stated that he wished to sell beer and wine inside his establishment only using glasses with no six packs or take out being sold. Mr. Malcolm reiterated that everyone who had signed the petition was strictly against this request and stated that they are having enough problems with drugs. Mr. Brooks moved on approval based on the discussion and with the condition that the applicant lock the inside door leading directly into the pool hall during business hours. Seconded by Mrs. Welch. Mr. Davis stated that it appears that the problems are corning from the other business and not this one. Mr. Speer asked if this license would be based on the amount of food being served. Mrs. Sonnenberg stated that there is no amount of food based on the license but that the seating capacity would need to be increased to 20. Mr. Speer stated that because of illegal activities in the neighborhood, the applicant should not be penalized. Mr. Speer stated that he has the same problem of illegal activities being carried out in the alley behind his establishment. He stated that he has sympathy for what is going on in downtown Sanford and the lack of interest by the Police Department. Mr. Dennison stated that if problems should occur, the city has the authority to revoke the license. Mr. Speer stated that he hopes that the business people in the old section of Sanford on Sanford Avenue will take a definite interest in the employment of a new Police Chief of the City of Sanford. He hopes that the Commissioners would be urged not to lower the standards for someone who does not have a college education or does not have the administrative ability and that the City will move forward with a more progressive Police Department and not go through with what has been going on for the past S years under the present administration. Mr. LeRoy opposed to the motion. Motion carried On the Addendum to the Agenda was the consideration of the site Plan for a sign for Teen Challenge, located at 3706 S. Sanford Avenue in an RMOI zoning District. Representative: Jerry Nance. There was no one present for representation. Mrs. Sonnenberg stated that the sign was off site and that the applicant wanted the Commission to see that it would be placed on site and the type of sign that will be going in. Mr. Davis moved to approve. Seconded by Mr. Brooks. Mr. LeRoy opposed to the motion because of no representation. Motion carried. Mr. Dennison stated that he had received a letter from the Mayor concerning the Riverfront Master Planning Program. The letter asked that someone represent the Planning and Zoning Commission. Mr. Speer moved that Mr. LeRoy be the designee and that if Mr. LeRoy could not attend the meetings, Mrs. Welch would attend. Mr. Dennison appointed Mr. LeRoy with Mrs. Welch as a backup to be the designee for the Riverfront Master Planning Program. Mr. Speer asked if the encompassed Ft. Mellon Park land. Mr. Marder stated that this is more encompassing. Mr. Brooks moved to approve the minutes as circulated. Seconded by Mr. LeRoy. All in favor. Motion carried. Mr. Speer asked why isn't there public participation when the parking in the downtown area is being considered for change. He MINUTES PLANNING AND ZONING COMMISSION MEETING of FEBRUARY 4, 1993 'P L MT? d stated that no one talks to anyone about this. Mr. Marder stated that the City had to comply with the handicap requirements and that there was no real choice on haw to do this. Mr. Marder stated that the memo regarding transient rental housing could came back to the Planning and Zoning Commission. He stated that he had gone back and developed a free standing ordinance that would just deal with transient rental housing, whereby the city would have the authority to inspect rental housing and that it does providing for an inspection on a case by case basis. There being no further business, the meeting adjourned at 7:45. Joe 4nniison, Chairman � I From the Director of Planning and Development January 29, 1993 TO: City of Sanford Planning and Zoning Commission SUBJECT: Recommendations for Meeting of February 4, 1993 PATRICIA T. KYER - Request conditional use approval to permit a private tutoring school in an RMOI, Multiple Family Residential, Office and Institutional Zone located at 1101 East First Street. 1. Site is Zoned RMOI and includes approximately .6 acre. The appears to be basically developed with a one -story office building and parking. 2. Uses adjacent to site include office buildings, vacant land, a parking lot and institutional activities. 3. Recommend approval of the request to establish a private tutoring school based on the compatibility and similarity of such use with institutional and office uses already established in the immediate area. TUBY'S SANDWICH SHOP - Request conditional use approval to sell beer and wine in conjunction with food (Class 5) in a GC -2, General Commercial Zone located at 503 Sanford Avenue. Additional findings are as follows: 1. Site is Zoned GC -2 and includes a storefront in a two -story building with two occupants. The posting of the conditional use request is located on the Ruby's Sandwich Shop establishment. The other occupant of the building's north side appears to be Sonny's Pool Room based on the sign above the corner of the building. 2. The site appears to be a nonconforming building because it does not have corner building setbacks and does not appear to meet the City's existing parking space requirements. The building appears to have been constructed prior to the implements of the aforementioned requirements. 3. Uses adjacent to the site are located in a GC -2, General Commercial Zone and include various single family dwellings, a furniture /upholstery establishment and a church (northwest corner of Sanford Avenue and 6th Street).