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07.02.92W K 0 ALC4 1q JAL 1 z W1WCx C:: 1■ S1 1q MT1[.M' 2 s IL 9 9 2 6 :00 . M . C70I - W C7r I00I T ]MC)c3m c7 - w ,ftT 1. Draft Land Development Regulation Revisions Dated May, 1992 * Staff Recommended ReViLsions • Handouts to e provided at meeting, 11. Rules of Procedures and Conduct - Continued discussion of draft. 111. old or other Business NOTE: Copies of the above - described maters wM be available for review at the meeting. Such materials are on file and available for review at the Department of Engineering and Planning, Second Floor, City Hall, City of Sanford, Florida, ADVICE TO THE PUBLIC: if a person decides to appeal a decision made with respect to any matter considered at the above meeting, 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 296.0105 FROM THE LAND DEVELOPMENT COORDINATOR June 26, 1992 ?4*rollo TO Planning and Zoning Commission SUBJECT: Regularly Scheduled Meeting of the Planning and Zoning Commission, 7:0 P.M., Thursday, July 2, 1992, in the City Commission Chambers, City Hall, Sanford, Floridan AGENDA 1. Hold a Public Hearing to Consider a Notice of Zoning (Permitted Use ) Change, such revisions being revisions to the Land Development regulations of the City of Sanford. Representative: Tay Marder 1. Hold a Public Hearing to Consider a request for a Conditional Use for property located at 1407 W. 13th Street in a GC-2, General Commercial Zoning District for the purpose of the sale of beer and wine (Class ) for consumption on premises in conjunction with food sales. owner/representative: S y d ney S pence 2. Consider the Site Plan for a restaurant for property located at 1407 W. 13th Street in a GC-2. General Commercial Zoning District. Owner/representative: Sydney Spence 3. Any other business floor or Commission Members. 4. Deports from staff. 5. Approval of Minutes ADVICE To THE PUBLIC. If a person decides to appeal a decision made with respect to any smatter 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 286.0105). MINUTES PLANNING AND ZONING COMMISSION MEETING of JULY 2, 1992 7:00 P.M. CITY COMMISSION CHAMBERS MEMBERS PRESENT: Cathryn Welch Jim Brooks Joe Dennison Ben Dyal Leon Brooks Helen Stairs MEMB ABS Tom Speer John LeRoy Mike Davis OTHERS PRESENT Jay Marder, Director of Planning and Development Bettie Sonnenberg, Land Development Coordinator The meeting was called to order at 7:00 P.M. by Chairman Dennison. The first item on the Agenda was to hold a Public Hearing to consider a Notice of Zoning (Permitted Use) Change, such revisions being revisions to the Land Development Regulations of the City of Sanford. Representative: Jay Marder. Jay Marder, Director of Planning and Development stated that the Planning and zoning Commission has been reviewing the revisions to the Land Development Regulations. Already in place are major components of this regulation necessary to enact Concurrency Management. The Airport Zoning Ordinance and the Historic Preservation Board are integrated into the Land Development Regulations plus many other minor changes and additions that are necessary in order to comply with the Comprehensive Plan. Mr. Marder recommended that the Planning and Zoning Commission transmit this as revised to the City Commission for their required two Public Hearings of July 13 and July 27. Mrs. Welch asked if the height of fences and walls was being changed or specified. Mr. Marder stated that it was being specified. Mrs. Welch as if Schedule F, regarding appearance, was being deleted. Mr. Marder stated that there are about three or four pages that the consultant placed in the book that were geared to manufactured homes. After review with the Building Official, we did not feel it to be necessary. Mrs. Welch asked what was being changed regarding barbed wire and chain link fencing. Mr. Marder stated that we have always prohibited barbed wire in required buffer areas. Presently, we prohibit the chain link within the buffer. Now we are moving both back to the building setback. Mr. Marder stated that basically there would be a five or ten foot landscape strip, or the buffer. Then, further back there is the building setback. Mrs. Welch asked if we have the same prohibition for residential. Mr. Marder stated "no, we have never had this.' Mrs. Sonnenberg stated that the City has had a prohibition on barbed wire in residential; but when we did the first original Land Development Regulations, somehow or other it was overlooked. The City does not prohibit chain link on residential property. Mrs. Welch asked if we are doubling the size of the signs for non- residential subdivision. In reviewing, it was felt that it was justifiable for a business park /industrial park to make the signs larger. Mr. Dennison stated that we need to be able to read the signs and that the proposed size would not detract. It does not effect retail. MINUTES PLANNING AND ZONING COMMISSION MEETING OF JULY 2, 1992 PAGE 2 Mrs. Welch asked if the we should specify whether it be household or per capita when referring to medium area income in section 4 -A1 and B1 in the affordable Housing Section. Mr. Marder stated that in Applicability of Section 2, medium area income defines family. Mrs. welch asked how do we know that as stated in Section 3 -b.3 such modifications or deviations shall result cost savings that are passed on to the consumer. Mr. Marder stated that the developer has the burden to show how cost savings would be passed on. How to monitor each development over a period of years is the question. Multi - family projects will likely have federal controls based on federal involvement; but single family will be harder to do. For Monroe Meadows we will get information on each buyer. It was suggested we use federal housing verbiage to conform on medium family income or medium household income. Mrs. Stairs moved to approve the revisions and transmit to the City Commission. Seconded by Mrs. Welch. 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 1407 W. 13th Street in a GC -2, General Commercial Zoning District for the purpose of the sale of beer and wine (Class 5) for consumption on premises in conjunction with food sales. Owner /representative: Sydney Spence. Mr. Sydney Spence, 1515 W. 18th St., explained every step he has taken in order to have a restaurant located on this property. He stated that he is trying to establish his business following the rules of the City. The owner of the property on the west side of Mr. Spence's property has given him written permission to use 50 x 140' lot for parking. Mr. Spence explained that the left side of the property will be used for handicap parking and the right side for other customers. He has installed stop signs, handicap signs, etc. Also, on the left side of the property he has installed railroad ties as a fence between the properties. The dumpster is in the back with collection at special times so it will not effect the parking on the property. Mr. Dennison asked Mr. Marder to elaborate on a Class 5 - beer and wine license. Mr. Marder stated that Class 5 is the type of license permits the holder to serve beer and wine with food service Mr. Spence stated that he will have food in this establishment which includes chicken, french fries, special . dinner orders, a full service menu. Mr. Spence stated that this will not be a store, just a restaurant. Mr. Dennison asked how many seats. Mrs. Sonnenberg stated that he has to have at least 20 seats. Mr. Spence stated that he will be able to seat 20 people. Mr. Dyal asked if the license required a percentage of food sales. Mrs. Sonnenberg stated "no ". Mr. J. Brooks asked Mr. Spence why he wanted to sell beer and wine. Mr. Spence stated that he needs something to add to the business without changing $8 or $9 per meal. He does not believe it will make it without the beer and wine. Mr. L. Brooks asked if the type of license Mr. Spence is requesting allows people to come in off the street and buy beer and wine. He clarified that beer and wine is only to be served in conjunction with food and on the premises. Mr. Dyal asked Mr. Spence the hours of operation. Mr. Spence said he had not given much thought to the hours but that he would abide by the City's rules. Mr. J. Brooks asked Mr. Spence if he had given any thoughts to either church people or family people who would like to bring their children to this restaurant. Mr. Spence stated that he would divide the seating so that a person would not have to associate with drinkers. Mr. Dennison told Mr. Spence that the intent of the ordinance is that the beer and wine be served in conjunction with eating; not to have a bar per se because of the separation of drinkers. MINUTES PLANNING AND ZONING COMMISSION MEE'T'ING OF JULY 21 1992 PAGE 3 Mr. Leon Wilson, 1418 W. 13th Street, stated that there are enough beer gardens on 13th Street now. Mr. Wilson named them all. Beer bottles -are thrown up and down the streets and the residents have to clean them up. Mr. Wilson stated that he is apposed to the beer garden but he is in favor of the restaurant. Mr. Dyal clarified that the beer and wine would be in the restaurant and not brought out in the street. He objects to walking out with a beer. Mr. Dyal stated that he was in favor of a restaurant with no beer and wine. Mrs. Roslyn Redden, 1412 W. 13th St., stated that she is opposed to the sale of beer and wine. The previous restaurant was fine. There are too many beer and wine establishments on 13th Street now. Mrs. Redden stated that this establishment could not be manned 24 hours a day and that there is no way to separate the customers. People stand outside and the area is dangerous. She owns Tony's Bar on the other side of the street. Melvin Barnes, 1420 W. 13th St., stated that the serving of beer and wine is not necessary. Drinking on the streets only gives another place to stand and shoat. Three or four places already serving beer and wine. Mr. Barnes stated that the restaurant is o.k. with him but not the sale of alcohol. Mr. Dennison asked how many in the audience were in opposition. Nine were opposed; two were in favor. Mr. Spence stated that Mrs. Redden was the owner of the establishment across the street from his request and she was doing the same thing but speaking against him. He said that he is trying to sell in a different kind of a way. Mr. Spence added that selling only food was verb slow and he needed to add to his business. Mr. Dennison stated that no one was against the restaurant, only against the sale of beer and wine. Mr. Spence stated that across the street from his property is a barbecue business that only sells on Thursdays, Fridays, and Saturdays. Mr. Spence asked what else can he sell to help his business? In opposition was GMs. Carrie June, 1607 W. 7th St. She stated that she holds the license on Tony's bar across the street. lbs. June stated that no one is keeping him from doing a business. Mother's Kitchen did not serve beer and wine and did a good business. Mother's Kitchen was closed due to taxes, not because business was slow. She stated that a restaurant is fine but that she is against the sale of beer and wine. Mr. Alexander, in partnership with Spence, stated that he thought it was unfair to prevent Mr. Spence in getting a weer and wine license just because of the competition. He stated that every morning Mr. Spence picks up bottles purchased in other places. Mr. Alexander stated that he felt others are preventing Mr. Spence in getting his license. Mr. Dyal stated that he had eaten at Mother's kitchen many times. Mother's Kitchen did not lose restaurant because of slow business but because of taxes. Mr. L. Brooks stated that the Commission should not tell a prospective business owner what to do with his business. It sets a bad precedence. Mr. J. Brooks asked bother Weaver why she started Mother's Kitchen? There was no nice place for black folks to eat; therefore, she opened Mothers Kitchen. He stated that he saluted Mr. Spence for opening up a restaurant, but that there was already a lot of alcohol on 13th street and that we did not need another one. Mother's Kitchen provided a wholesome atmosphere to 13th street. A restaurant is an excellent idea; it is good for the whole area. Mr. J. Brooks stated that alcohol would deter families from coming into the area. MINUTES PLANNING AND ZONING COMMISSION MEETING OF JULY 2 1992 PAr-.R 4 Mrs Stairs moved on approval because the Commission does not have the ability to limit the approval because of the number of other licenses in the area. Mr. L. Brooks seconded. Mrs. Welch, Mr. J. Brooks, Mr. Dennison, and Mr. Dyal in opposition; therefore, the motion failed. The next item was the consideration of the Site Plan for a restaurant for property located at 1407 W. 13th Street in a GC - General Commercial Zoning District. Owner /representative: Sydney Spence. It was asked what would happen if the owner took away the use of the other parcel, since Mr. Spence does not own it. Mr. Marder stated that he could use the property without the additional parking. The Board could say that if he loses the use of the westerly lot, the site plan would revert back to the original plan. Mrs. Stairs suggested he obtain a lease for a dollar a gear. Mr. Spence said he has right of first refusal. The land is in both her name and her family's name. Mr. Dyal move on approval to approve the site plan as presented. If he loses the use of the property, either from day one or down the road, the use will revert back to the original site plan that shows the parking in the front and in the rear. Mr. Dyal based his Motion on the fact that the Commission has no assurance that ,parking on this lot will come to be. Mrs. welch seconded. Mrs. Welch asked if this motion is defeated would Mr. Spence have an approved site plan. Mrs. Sonnenberg stated "no ". Mr. Dyal amended the motion subject to final engineering and subject to approval of unpaved parking by the City Commission. Mrs. Welch seconded. All in favor of the Amendment. Motion carried. All in favor of the motion as amendment. Motion carried. Mrs. Stairs moved to approved the minutes as circulated. Mr. Dyal seconded. All in favor. Motion carried. Mr. Dyal noted the Commission approved a convenience store at Airport and Hidden Lake with a barrier to be left as natural as possible. Now there is no barrier. Planning and Zoning is notified after the fact. We cannot necessarily solve this because we do not always know 1005 of what is going to happen. Mrs. Sonnenberg said they were required to dedicate additional, right of way. They had to move their retention pond. Mr. Marder asked if Planning and Zoning did not want to have approval of alcoholic beverage sales. Mrs. Stairs felt it was not up to the Planning and Zoning Commission to address the number of licenses or that they had the right to limit the numbers. The Commission cannot let public - opinion sway them if they know what the legalities are. Mr. Dyal did not agree with the comment that it was necessary for Mr. Spence to have alcohol. There being no further business, the meeting adjourned at 8:45 P . M. oe Den icon, Cha irman ��