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12.20.90MINUTES PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 20, 1990 7:00 P.M. CITY COMMISSION CHAMBERS MEMBERS PRESENT: Helen Stairs Cathryn Welch Eddie Keith Joe Dennison Ben Dyal John LeRoy MEMBERS ABSENT: Jerry Johnson Leon Brooks Tom Speer OTHERS PRESENT: Gary Winn, Building Official Jay Marder, City Planner Marion Anderson, Recording Secretary Chairman Dennison called the meeting to order at 7:00 P.M. The first item on the Agenda was to hold a Public Hearing to consider the Conditional Use for property located on the East side of Locust Avenue, South of Celery Avenue and West of Mellonville Avenue in a MR -2 zoning district, to have a carnival, (temporary amusement facility) January 28 through February 2. Owner /representative: Rev. Elijah Richardson Rev. Richardson stated that he is the pastor of El Bethel Refuge, 915 W. 3rd Street, and would like to have a carnival for fund raising for the construction of a new sanctuary. Rev. Richardson stated that a company is on stand by for port -o -let rental and that there is someone standing by for security. In opposition to the request was Ms. Linda Williams, 830 Valencia Ct. N. She stated that she has sons 9 and 13, and a daughter who is 6. She is adamantly opposed to this carnival. It will be 25 to 30 feet from the entrance of her back door. The amusement is scheduled during school days and this would interfere with the normal routine of her children. It is not conducive to class room performance. Ms. Williams stated that she has witnessed behavioral MINUTES PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 20, 1991 PAGE 2 acts, when carnival attempted to set up, that were distasteful and humiliating. An individual urinated in an open environment in full view of her glass door. Another activity was witnessed of a nature that adults should conduct in private. Numerous beer cans and other trash were left on the property. Ms. Williams stated that she called the police department to step up routine patrol when the carnival attempted to set up. She spoke with the officer and he had advised her that he would call the station to grant her request. He advised that they were not on her property and he saw no evidence of any unlawful act being committed. Ms. Williams commented on a carnival in Jacksonville which resulted in a shooting. Ms. Williams asked the Commission to consider the close proximity of the residential neighborhood stating that San Lanta residents have enough problems taking care of routine citizenship and raising children. She stated that there are four families immediately adjacent to this lot which have single mothers. One neighbor is very ill and she cannot see her surviving this type of activity in the neighborhood. Yvonne Hall, 834 Valencia Court N., was present for opposition. She stated that her house would be behind the carnival and the ride (bullet) was opposite her bedroom window. She noted that she has 3 sons. Gwendolyn Morgan was present for,opposition. She stated that she lives across the street from Ms. Williams- and that she has_ a 13 year old daughter. One of the carnival workers said something to her daughter on the way from school that he should not have said. Ms. Morgan stated that she is strongly opposed to the carnival. Rev. Richardson stated that he is concerned with the fears of the neighbors, but he has contacted a security agency in Longwood, that would furnish security throughout this carnival. In any given situation, there are fears facing life itself. We can supply the security that is necessary to prevent things from happening. Mr. Keith stated that the Police Chief recommends, using off duty police officers with the authority of making arrests. Rev. Richardson stated that, if necessary,to satisfy the residents of the neighborhood, off duty police officers,would be hired. Mr. LeRoy asked the hours of operation. MINUTES PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 20, 1990 PAGE 3 Rev. Richardson stated from 6:00 to 9:00. On saturdays it would run a little longer. would have from 7 to 10 rides for children and adults. Ms. Welch asked Rev. Richardson if he could pull a permit to use some of the City park facilities.. Mr. Marder stated that in all honesty he had never heard of Ft. Mellon Park being used for a carnival. He would have to check into this. Most of facilities are maintained in a certain way, but there might be other property that could be used. He would have to check. Ms. Williams stated that even if the hours are up to 9:00 the carnival workers would still be there. Law enforcement officers are fine, but we are talking about our children. Ms. Stairs moved to deny. Seconded by Ms. Welch & Mr. Keith. All in favor. Motion carried. The next item was to hold a Public Hearing to consider the Conditional Use for property located at 1403 Pinewey East for a junkyard (recycling center) in a MI -2 zoning district. Owner: H.H. & R Partnership Representative: Raymond Harb Roger Soderstrom., 300 International Parkway, stated that he is representing this conditional use and that junkyard did not truly reflect the type of business to be ope -rated at this site. This site would be strictly used for recycling. There is no description for a recycling use so junkyard had to be used. Mr. Soderstrom stated that the site is 2.41 acres. There is a 2000 square foot metal building on the property and the property is fenced at this time. The type of business is a small recycling center handling the processing and separation of paper, glass, metals- and plastics. Many materials would be purchased from the businesses in.Sanford. No hazardous waste would be maintained or processed. There are no automobiles, nor an auto graveyard associated with this business. This will be a family business. Mr. Soderstrom stated that they have attempted to meet with the neighbors but were unable to coordinate a meeting time. Included in the proposed improvements are the construction of a 12 foot wall that would act as a screen for Pine Way, and a 7 foot screen along the north west. There is an existing chain link fence surrounding the property now. The wall designed for the south would probably be woad, and t e other MINUTES PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 20, 1990 PAGE 4 3 property lines are heavily wooded and the applicant will work with Staff on the screening of the three sides. Mr. LeRoy asked if the materials that would be brought in, would be stored inside or outside. Mr. Soderstrom stated that most material will be in a dumpster like container, some may be inside and some outside, but all within a screened area. Mr. LeRoy questioned the machinery that will package the material relative to noise. David Cohen, applicant, stated that everything would be run electrically, with one diesel engine. Mr. Cohen stated that the machinery cannot be heard 1000 feet away. The hours of operation would be from 7:00 to 5 :00 with no Sundays or Holidays. Ms. Welch asked what would happen to the water that runs off of the processing. Mr. Cohen stated that steel demolition is involved. Kennedy Space Center is taking down steel structures -that will be processed here. Industrial scrap would be brought in and sorted and put back on the truck. There will be no runoff. Mr. Dyal asked how long would materials be onsite before being shipped out. Mr. Cohen stated that the scraps are already sold. The materials are quick to separate, to get into containers and to ship out. 1 to 15 days is the maximum that anything would stay in the yard. They anticipate 3. loads leaving a day after being in business a year. One load per day for now. One semi truck taking material out with smaller trucks bringing material in. Mike Hattaway, 162 E. Hwy,434, Longwood, owner of the remainder of the property, 11 1/2 acres, next to this, stated that he- is very concerned. He would like to make sure that what they would be doing would not have an adverse effect on the property-. He is convinced that this is.a good and needed use to have. Mr. Hattaway stated that the property has been used in the past for light industrial' type purposes, previous use of the building was maintenance and repair of trucks. Melanie Gilmartin, Lake Jessup Homeowners Association,, stated that she had had a crash course on.recycling centers. She stated that the applicant would have to apply for a driveway permit from the County. She is concerned with Pineway, an agricultural road that is paved. This road has never been bored or tested and has two very narro� bridges that would have to be widened and improved. Dump trucks are restricted to Sanford Avenue only. Ms. Gilmartin stated that she is concerned with the need. Southeastern Recycling is. capable of handling Seminole County's recycling need. The surrounding area is all rural residential. The MINUTES PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 20, 1990 PAGE 5 property is the only piece that has an industrial zoning. Adjacent property is proposed industrial. Lake Jessup has been recognized in the last year as being extremely sensitive to conservation. This is not a proper trend for this area. Homes range from $50,000 to $200,000 homes. It is so quiet out there. Any machinery would be heard. There are not even a lot of trees to buffer. Ask to not allow this use. There were approximately 25 to 30 people in the audience opposed to this request. 6 in favor. John Lake, 3920 Sipes Avenue, stated that he had spent the last 5 years trying to create a quiet serene place to live. There is no industry within a mile. The proposed facility would be within 1/2 mile of his home. Any noise would disrupt the quiet that the has right now. Mary Jo Garrison, 2200 Palm Way,.Palm Hammock Estates Homeowners, stated that she is representing 26 homeowners. She has lived on this property for 10 years or more. Property was all agriculture, not industrial zoning when built. All quiet and rural. This is an incorrect and incompatible zoning. She is opposed to a recycling center or a junkyard. There is no other industrial use on Pineway. The road is narrow and will not accommodate semi trucks. There are 2 nurseries, 2 christmas tree farms and the rest are all homes. Joe Baker stated that he resides at 2050 Pineway, east of this property, and that he owns property to the wes of this sit. To say that this is industrial property and conforms e orms to industrial uses is totally wrong. Pineway is the real problem.. It was a single laned brick road with no subbase. Brick laid on dirt, widened and then asphalt put on top of that. This road cannot stand the traffic. We have a quiet community. Bicyclist use this road a lot. It is very narrow, two cars cannot cross the bridge at the same time. There has to be some kind of provisions for water on this property. Would hate to see a junkyard here. Mr. Barer stated that he is opposed and the whole neighborhood is. Janet Charpel, 1350 Pineway, stated that the facility is diagonally across from her property. She asked what will this do to the eagles. The screening wall will cause water to flood her pasture. The wildlife that is there will be threatened by the diesel. 90% of the people that live in the area has coins or horses- Dwight Black , 1200 Pineway, stated that his home is 120 to 150 feet from this facility. Hydraulic machine at 7:00 a.m. is not feasible. The site is not surrounded by woods, can be seen from MINUTES PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 20, 1990 PAGE 6 1/2 mile away. Mr. Hattaway stated that the property is zoned industrial and that thee are many permitted uses under this zoning. There is a grey area that says recycling centers are junkyards. Many heavy industrial uses would not have to come before this board. The property to the west, south, and east are zoned industrial. He will not sell this property to be a junkyard. It is stated in the contract that this will not be used as a junkyard. The type of trucks that will be used for this site have less impact on this road because it will be a longer truck. The small trucks have a heavier impact. There are quite a few trucks using this road now. If there is no competition in this business, the prices will be sky high. There was some sound there before and it will be in the future. If this board says it will not be a junkyard then it will not be a junkyard. No eagles on this property. Farm tractors have diesel, plus the trucks that haul their crops. Roger Soderstrom stated that they are concerned with the neighbors. They will meet with the neighbors and take concerns into consideration. Also, they are willing to restrict the use of traffic flow to the west. Ms. Stairs asked if expansion was foreseen in the near future. Mr. Cohen stated "no ". Mr. LeRoy asked what materials would be recycled. Mr. Cohen, paper, plastics, glass, and all types of metal. Mr. Keith moved to deny. Seconded by Mr.. Dyal. Mr. Leroy, Ms. Stairs opposed. Motion carried. The next item on the Agenda was the consideration of the sign location /detail for Lake Apartments { S t o n e b r o o k Apartments), in a MR -2 zoning. district. Owner: Placid Lake Association, Ltd. Representative:. Thomas C. Cavanaugh Tom Cavanaugh stated that one sign is brass and two sandblasted. Stonebrook is the name of the apartment complex which will have a wood, sandblasted sign. Mrs. Stairs moved on approval. Seconded by Mr. Keith. All in favor. Motion carried. The next item on the Agenda was a presentation by Gary Winn, Building Official, relationship between the Building Official and the Planning and Zoning Commission. MINUTES PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 20, 1990 PAGE 7 Mr. Winn's responsibilities are basically for protection of the health safety and welfare of the general public. He approves plans, issues building permits, reviews plans, issues c.o.'s, and administers the minimum housing code and code enforcement. LDR has to be abided by to assure that requirements are done when inspections are made. In relation to Code Enforcement, an Inspector goes out and determines if there is a violation of the LDR or any other code. The Standard Building Codes are the guidelines for the actual construction of the buildings. All P & Z decisions come through the Building Department prior to permitting or other actions.. Has three inspectors. One code enforcement and two construction inspectors. Mr. Dyal moved to approve minutes. Seconded. by Mr. Keith. Mrs. Welch requested that it be made a part of the minutes that she had questioned why the number of plants were not specified for the building landscaping shown on the site plan for Page School. All in favor. Motion carried. There being no further business, meeting, adjourned. Den ison, Chairman FROM THE SANFORD CITY PLANNER December 14, 1990 TO: City of Sanford Planning and Zoning Commission SUBJECT. Planning Recommendations for Meeting of December 17, 1990 EL- BETHEL HOUSE OF REFUGE INC. - Request conditional use permit to conduct a temporary amusement facility in an MR -2, Multiple Family Residential Zone located on East 13th Street. 1. Site is Zoned MR -2, Multiple Family Residential, contains approximately 5 acres, is located on the south side of 13th Street/Celery Avenue and is basically vacant at the present time. 2. The applicant specifically requests permission to hold a carnival from January 28 through February 2, 1991. 3. Various single family dwellings are located north and south of site in areas Zoned MR -2 and SR -1. 4. Recommend approval of request to hold a temporary amusement facility between January 28 and February 2, 1991 based on location of site and general character of the immediate area at the present time. SANFORD RECYCLING INC. - Request conditional use permit to establish a junkyard (recycling center) in an Ml -2, Medium Industrial Zone located on the north side of Pine Way Road east of Sanford Avenue. 1. Site is Zoned Ml -2, Medium Industrial and appears to include an approximately 2.4 acre portion of a larger tract located 500 to 600 hundred feet north of Pine Way Road. The site appears to be surrounded with a cyclone type fence topped with barbed wire and includes a partially enclosed metal building. 2. In general the surrounding area is vacantlpasturelagriculture with several single family and mobile home dwellings in the general vicinity. PLANNING RECOMMENDATIONS for December 17, 1990 Page 2 3. Section 9.0 of Schedule E of Sanford's Land Development Regulations entitled "Jun ards" states, in part, that " ... All areas used for the purpose of storing, processing and/or dismantling of materials shall be screened from surrounding areas by a continuous, nonperforated and solid wall or fence at least seven (7) feet in height. Such wall or fence shall be approved by the Planning and Zoning Commission and shall be maintained in conformance with this ordinance for as long as the use continues to exist Such wall or fence shall not be utilized for advertisements andlor signs. When such wall or fence abuts a street right -of -way, the side of the wall or fence facing such street right -of -way shall be landscaped in a manner approved by the Planning and Zoning Commission..." 4. The site fronts Pine Way Road, a county - maintained facility that is basically an old farm -to- market road that appears to have a less than standard 24' pavement width. An evaluation of the type of vehicles, frequency of trips and potential negative impact upon Pine Way Road should be considered prior to site plan approval in order to prevent untimely degradation of the physical condition of the road. 5. Recommend approval of the request to establish a junkyard based on the existing character of the area at the present time with the following stipulations and conditions: A. All used materials and outdoor storage and display activities shall be completely screened from view from all adjacent property. B. Outdoor storage and display shall not exceed fifteen (15) feet in height. C. Anticipated vehicle type and trip frequency information shall be provided during site plan review. Significant adverse impacts upon Pine Way Road shall be determined by the City and shall be mitigated in a manner approved by the City.