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12.17.92FROM THE LAND DEVELOPMENT COORDINATOR. December 11, 1992 TO: Planning and Zoning Commission SUBJECT: Regularly Scheduled Meeting of the Planning and Zoning Commission, Thursday, December 17, 1992, at 7 :00 P.M. in the City Commission Chambers, City Hall, Sanford, Florida AGENDA 1. Hold a Public Hearing to consider a Conditional Use for property located at 2544 Park Drive in a GC -2, General Commercial Zoning District, for the sale of beer and wine for consumption on premises with a restaurant (Class 5 Registration). Owner: The Party Machine Representative: Thelma Mungen 2. Hold a Public Hearing to consider a Conditional, Use for property located at 2707 S. Sanford Avenue in a GC -2, General Commercial Zoning District, for the purpose of automotive dealer sales (retail and wholesale) for a non -- conforming structure. Owner /representative: Lakhan P. Singh 3. Hold a Public Hearing to consider a Conditional Use for property located at 2610 Orlando Drive in a GC -2, General Commercial Zoning District, for the purpose of a single family residence. Owner: Murphy Veterinary clinic Representative: J. Brannen Murphy 4. Hold a Public Hearing to consider a Conditional Use for property located at 1901 Country Club Road in a GC -2, General Commercial Zoning District for the purpose of automotive dealer sales and automobile and truck repair and/or welding establishment. Owner /representative: Meris Bereks 5. Consider the site plan for two detached signs for First Spanish Assembly of God, located at 911 Palmetto Avenue in.a GC -2, General Commercial Zoning District. Owner: First Spanish Assembly of God Representative: Pastor Augusto Avila (Tabled November 19, 1992) 6. Any other business from floor or Commission Members. 7. Reports from Staff. 8. Approval of 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 /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. �l FROM THE LAND DEVE M i; NT ORDINATOR December 14, 1992 To: Planni ng and Zoning Commission S UBJECT : Regularly Sche duled M eeting of the Planning and Zoning Commission, Thursday, December 17, 1992, at 7:00 P.M. in the City Commis Chambers, City Hall, Sanford, Florida ADDENDUM TO THE AGENDA 1. Consider the site plan for a detached sign for Heifer Proj International, an office use, located at 803 W . 1 st St reet in a G C - 2. General Commercial District, Owner: Heifer Project Inter national Re presentative . Dr. Bill E. Beck J ADVICE To THE PUBLIC: If a pers decides to a ppeal a decision made with respect to any ratter considered at the a bove meetin or hearing, he/she may need a verbatim record of the proceeding including the testimony and evidence, which record is not provided by the City of Sanford, ( FS 286-0105) Persons with disabilities needing assistance t participate in an of these proceedings should Contact the P ersonnel Office ADA Coordinator at 330 48 hours in advance of the meeting. MINUTES PLANNING AND ZONING COMMISSION MEETING of DECEMBER 17, 1992 7:00 P.M. CITY COMMISSION CHAMBERS MEMBERS PRESENT Helen Stairs Mike Davis John LeRoy Leon Brooks Cathryn welch MEMBERS ABSENT joe Dennison Torn Speer Ben Dyal Cynthia Holt - Miller OTHERS PRESENT: Bettie Sonnenberg, Land Development Coordinator Russ Gibson, Planning Technician The first item on the Agenda was to hold a Public Hearing to consider a Conditional Use for property located at 2544 Park Drive in a GC-2. General Commercial zoning District, for the sale of beer and wine for consumption on premises with a restaurant (Class 5 Registration). Owner; The Party Machine; representative: Thelma Mungen. Mrs. Thelma Mungen, 561 Fuller Ave., Deltona, stated that she was requesting that the teen disco use be restored back to the original use, a restaurant with beer and wine. Mr. Leroy asked the hours of operation. Mrs. Mungen stated that if approved, it would be part time. Currently the hours are 5:00 P.M. to 2:00 A.M. Mrs. Mungen stated that basically they will provide jazz and blues entertainment with the restaurant. Mrs. Welch asked that a letter she received in opposition to the request be entered into the record (attached). The other members had stated they also received a copy of the letter. Mr. Freddie Mungen, 561 Fuller Ave., Deltona, was present to speak in favor of the request. He stated that he was born and raised in Sanford. As a youth, Mr. Mungen stated that there were not many things to do and that he had opened the teen club because he knew that the youth had no place to go. He stated that he knew there were a lot of people in opposition to the request. Mr. Mungen stated that this would be a new business and that there is a need for a nice place for people to go. Mr. Davis asked if the name would stay the same. Mr. Mungen stated that the name would be changed. He stated that they would have a variety of hot dogs and chicken wings. Future plans will include the sale of beer and wine. The building will be fully inspected by the Health Department and the food will be prepared on the premises. Mr. LeRoy asked about the recommendations of the Police Chief. Mr. Mungen stated that he had spoken with the Police Chief and that he Chief had advised him to hire two off -duty police officers. Mr. Reginald Davis, 401 W. Seminole Blvd., stated, that he has known the Mungens for a long time and that the Mungens are of outstanding character. Mr. Davis stated that Mr. Mungen had demonstrated very good crowd control with the teen club. He stated that an adult club would be a very good move for Sanford. Rhythm and jazz with an upgraded menu would be an asset to Sanford. Mr. Davis requested that the Commission strongly consider approval of this request. MINUTES PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 17, 1992 P A r.'P ? In opposition to the request was Mr. Robert Welch, pastor of the church on the same street as Party Machine, the corner of 25th Street and Elm Avenue. He stated that his concerns are for the youth and the serving of alcohol. Pastor welch stated that to approve this request would be a disservice to the community. Pastor Welch stated that he begs the Commission to refuse the request. Valerie Weld was present and in opposition to the request. she stated that she has lived across the street for 28 years. She stated that she cannot help but think that this business would not add to the existing businesses in the community. There are a dance school, trailer park, day care, and a church in the neighborhood. The atmosphere on this corner is anything but positive. Calvin Day, resident of the mobile home park, stated that the Party Machine location was a lounge G to S months ago and was in a bad location. It is a disruption to neighborhood. Mr. Day stated that there are 97 homes in the surrounding neighborhood and that music would be playing for as long as 3; a.m. and up to 5:a.m. The majority of residents are seniors, some are ill with prescribed rest by doctors, Who cannot sleep at night. Mr. Brooks stated that the music could not be heard through the building. Mr. Day stated that this is a difference of opinion. Mr. Day stated that some of the residents are on fixed incomes and cannot leave the area but that those who can, have left. The residents are afraid to go out at night. Their complaints are loud noises from automobiles, drinking, parking on the mobile home site and behind on the north side on the empty lot and on all streets, and the empty alcoholic containers. Mr. Day stated that the Police Department has been called out as many as 2 or 3 times a night. Mr. Day stated that the park residents are begging that the request be denied. Lynn Sucker, Nice President of the bank that owns the property, stated that the bank has no concerns with the request. The site was used as a restaurant with a beer and wine license several years ago. Audrey Tilleson stated that the neighborhood had a very bad experience with a bar and asked that the Commission to check with the Police Department about points in the letter. Phil Debose, a musician contacted by Mungens, stated that he is new to the area. He stated that the band would not be a party band. Ralph Parker, who lives on lot 23, 200' away from the Party Machine, stated that he has to close windows and to turn on the TV to sleep. Mr. Parker stated that there are problems every time this establishment is opened. It is a juke joint, a beer joint. All is well and good as a restaurant but to serve hot dogs and chicken wings, it is not'a restaurant, but a beer joint. Cindy Brooks, 109 Longhorn, stated that there is parking and littering and all types of activity around the area. She stated that the building needs to be upgraded and that parking should align with Elm Avenue. Ms. Brooks stated that with a liquor license things may get worst. Mr. Fred Mungen stated that he had paid two police officers for security purposes. The antique shop put up no parking signs stating that offenders will be prosecuted. He stated that he did not intend to run a juke joint but a restaurant with the sale of beer and wine. The foods will be upgraded from fun type foods. This will be a place where people can go out enjoy nice soothing music. MINUTES PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 17, 1992 PAGE 3 Mr. LeRoy asked what the seating capacity was. Mr. Mungen stated 200. Mr. Mungen also stated that a parking waival had been given by the City Commission to use the right -of -way. Based on the past uses of the building, Mr. Brooks moved on approval. Mrs. welch seconded. Four in favor. Mr. LeRoy opposed. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a Conditional Use for property located at 2507 S. Sanford Avenue in a GC -2, General Commercial Zoning District, for the purpose of automotive dealer sales (retail and wholesale) for a non - conforming structure. Owner/ representative: Lakhan P. Singh. Lakhan Singh, 233 S. Aberdeen Ave., stated that he customizes approximately two cars a month with select customer orders and rebuilds motors. He stated that he has a retail license to sell cars. Mr. Singh stated that the gas pumps are roped off. He would like to sell cars on the premises. The cars will be displayed on the 25th Street side. Mr. Singh stated that he has 15 or 20 spaces in back to park automobiles for repair. He would like to display 1 or 2 cars for sale. There was no opposition present in the audience. Mr. Davis moved on approval with the condition that a maximum of two vehicles be displayed on Sanford, Ave. Mr. Brooks added that no display would be on 25th Street. The motion to approve failed to pass by a vote of 2 to 3. Planning and Zoning does not want additional auto business in the area based on staff's recommendation. The next item was to hold a Public Hearing to consider a Conditional Use for property located at 2610 Orlando Drive in a GC- 2, General Commercial Zoning District, for the purpose of a single family residence. Owner: Murphy Veterinary Clinic; representative: J. Brannen Murphy. Brannen Murphy, 165 Lake Mary Blvd., stated that he was requesting a conditional use to allow a single family residence. This is the site of the old Bennett motel. Originally, he wanted to convert it to part of the a veterinarian's office but could not. Dr. Murphy stated that he had built a new facility and was now using part of this site for storage. He stated that one of his employees would live in it and he would use two rooms for storage. Dr. Murphy stated that the single family residence would be used by two people in the same household not two separate households. Mr. Brooks moved on approval based on staff's recommendations for a single dwelling unit. Seconded by Mr. Davis. All in favor. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a Conditional Use for property located at 1901 Country Club Road in a GC -2, General Commercial Zoning District for the purpose of automotive dealer sales and automobile and truck repair and /or welding establishment. Owner /representative: Meris Bereks. Meris Bereks, 147 S. Lakeview Dr., Longwood, stated that he plans to put cars there for wholesale,. car repairs, and a welding shop. Mr. Davis asked Mr. Bereks if he had a business now. Mr. Bereks stated he had owned a business in New Jersey for 23 years in ironworks, and 8 gears in car the business. He stated that he opened shop on Aloma about a year. Mr. Bereks stated that he is aware that staff had recommended denial because of proximity to residents and across the street and to the east. MINUTES PLANNING AND ZONING COMMISSION MEETING of DECEMBER 17, 1992 PAGE 4 Mr. Davis moved on denial based on the incompatibility with the business with the area based on staff's recommendations. All in favor. Motion carried. The next item on the Agenda was the consideration of the site plan for two detached signs for First Spanish Assembly of God, located at 911 Palmetto Avenue in a GC-2.. General commercial Zoning District. owner: First Spanish Assembly of God; representative: Pastor Augusta Avila. (Tabled November 19, 1992). Mr. Brooks made a motion to remove from the table. Seconded by Mr. Davis. All in favor. Motion carried. Pastor Avila, 2791 Richmond Ave., Sanford, stated that they need a sign to advertise the church, especially for people passing through Sanford so they will know that it is a spanish speaking church. Pastor Avila stated that they would like have 4 signs, two attached signs on the building and two detached signs, one on Sanford Avenue and one on Palmetto Avenue. Mr. LeRoy stated that he has a problem with 4 11 x4" posts and 4 sheets of plywood. He would like to see the signs made of more permanent materials. Mr. Leroy stated that there is a new sign at 13th Street and oak Avenue and he would like to see this quality of sign installed. It should be more permanent than wood. Mrs. welch moved on approval of the site plan for location of the signs with staff to approve the design of the sign as a more permanent sign but not be cost prohibitive. Seconded by Mr. Davis. All in f avor. Motion carried. The next item for consideration was the site plan for a detached sign for Heifer Project International, an office use, located at 803 W. 1st Street in a GC -2, General Commercial District. owner: Heifer Project International; representative: Dr. Bill E. Beck. Mr. Beck stated that when the office moved, they brought the sign f rom Atlanta and would like to install it. Mr. Beck showed a picture of the routed redwood sign. He stated, that the Heifer Project is an international nonprofit organization that provides livestock throughout the world for food. This is the administration office and there will be no livestock. Mr. Brooks moved on approval with 50 square feet of landscaping. Seconded by Mrs. welch. All in favor. Motion carried. Mr. Brooks moved to approve the minutes as circulated. All in favor. Motion carried. Mr. Leroy questioned the landscaping for the auto business on 26th Street and Sanford Avenue. There being no further business, the meeting adjourned at 8:30 P. M. HPle St As., Acting Chairman From the Director of Planning and Development December 10, 1992 TO: City of Sanford Planning and Zoning Commission SUBJECT: Recommendations for Meeting of December 17, 1992 THELMA L. MUNGEN - Request conditional use permit to establish Class V Alcoholic Beverage Sales on property Zoned GC -2, General Commercial located at 2544 Park Drive. NOTE: Because the City Commission cited a lack of findings in remanding this request back to the Planning and Zoning Commission, the below findings are provided. 1. Site is Zoned GC -2, General Commercial, includes an existing building with paved parking and is adjacent to two local streets. 2. All property adjacent to site is Zoned GC -2. Adjacent uses include the following: mobile home park, quadraplex apartments, a church, used furniture sales, automobile repair, day care, dance studio and a single family dwelling. 3. Several years ago the City Commission granted right of way use to utilize the public land along the northerly property boundary for parking. 4. The building is a nonconforming structure because of building setbacks. As a corner lot fronting two streets, it should be set back 25 feet from each street. The setback from Park Drive is 12.6 feet. The setback from Elm Avenue is 9.32 feet. This information was obtained from a Plat of Survey for Bank of Central Florida dated May 26, 1988 on file in the Department of Engineering and Planning. LAKNAN P. SINGH - Request conditional use permit to establish automobile dealer sales (retail and wholesale) for a nonconforming structure located in a GC -2, General Commercial Zone located at the southeast corner of State Road 46/25th Street and Sanford Avenue /CR 425. 1. Site is Zoned GC -2, General Commercial and presently contains a building with no side yard setbacks. 2. There are no automobile dealer sales establishments along 25th Street in the immediate area of the site at the present time. Various automobile dealer sales establishments are located on Sanford Avenue, generally south of 26th PLANNING RECOMMENDATIONS Page 2, December 10, 1992 Street. The location of the existing building does not conform to existing front yard building setbacks and does not provide sufficient land area to permit proper display of vehicles. 3. The site is adjacent to a gasoline service station with automobile repair activities. The service station is owned by the same owner as the site. 4. Recommend that the request to establish automobile dealer sales be denied because the City should continue to prevent automobile dealer sales from being established on this segment of 25th Street and based on the existing deficient configuration of the building on the site which does not provide sufficient area to display vehicles. J. BRANNEN MURPHY - Request conditional use permit to establish rental dwellings on property Zoned GC -2, General Commercial located at 2620 Orlando Drive. 1. Site is Zoned GC -2, General Commercial and includes two or three dwellings fronting French Avenue /Orlando Drive. 2. Uses adjacent to site include offices in an RC -1, Restricted Commercial Zone, various retail sales, services and offices located in GC -2, General Commercial Zones and vacant land and single family dwellings located in SR -1 Zoning. 3. Recommend approval of the request to establish rental dwellings because the existing buildings appear to be designed for such use and the general character of the area. MERIS BEREKS - Request for conditional use permit to establish auto sales and service or iron welding shop for property Zoned GC -2, General Commercial located at the southwest corner of Country Club Road and Hardy Avenue. 1. Site is Zoned GC -2, General Commercial, includes a small existing building located centrally on the 15,625 square foot site and fronts two local streets. 2. Site is adjacent to a convenience store and vacant lands Zoned RC -1, Restricted Commercial. 3. Site is adjacent to various single family dwellings Zoned SR -1, Single Family Residential. 4. An industrial area that includes various wholesale and manufacturing facilities Zoned RI -1, Restricted Industrial and MI -2, Medium Industrial is located west of site. Automobile repair and equipment repair activities are also located in the general vicinity of this primarily industrial and commercial area. PLANNING RECOMMENDATIONS Page 3, December 10, 1992 5. Recommend denial of the request for establishing automobile sales and service or an iron welding shop because of the incompatibility of such uses with residential uses already established in the immediate area. Welding and automobile repair activities are already more appropriately located in the nonresidential area west of site. The City should encourage the location of automotive uses in areas already established for such uses and discourage such uses from encroaching upon established residential neighborhoods.