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11.01.90MINUTES PLANNING AND ZONING COMMISSION MEETING OF NOVEMBER 1, 1990 7:00 P.M. CITY COMMISSION CHAFERS MEMBERS PRESENT: Tom Speer Joe Dennison Helen Stairs Leon Brooks John LeRoy MEMBERS ABSENT: Ben Dyal Cathryn Welch Les Owens Eddie Keith OTHERS PRESENT: Jay Marder, City Planner Bettie Sonnenberg, Land Development Coordinator Marion Anderson, Recording Secretary The meeting was called to order at 7:00 P.M. by Chairman Dennison. The first item on the Agenda was a Public Hearing to consider the request for a Conditional Use in a MR -2, Multiple - Family Residential Zone, for the purpose of a day care classroom. Owners /representatives: James H. & Meta R. Brooks. Mr. James Brooks, 308 Rachelle Avenue, Apt 531, Sanford, stated that he is operating a child care center with a capacity of 47 students. He has had more interest from parents and would like to expand the First Impressions Early Childcare Center with the building across the street. Mr. Brooks stated that he did not see any traffic problems because this is a residential neighborhood and most people recognize that children are in the area. There are no safety hazards with the children crossing street. Ruben Birch, 1303 W. 7th Street, spoke in favor of the Conditional Use. Mr. Birch stated that with the conditions on 7th Street, this is a good idea. It is an improvement to the neighborhood. He stated that he has a deaf child in his home and that there are signs posted; so, he sees no traffic problems. Mr. Birch stated that everyone in neighborhood approves of the use and it is an asset. MINUTES PLANNING AND ZONING COMMISSION MEETING OF NOVEMBER 1, 1990 Page 2 Thelma Simmons, 1307 W. 7th Street, and Corrine Yule, 1305 W. 7th Street both stated that this is a nice building and that she really approves of this use. There was no one present to speak against the requested Conditional Use. Mr. Brooks moved on approval. Mrs. Stairs seconded. Mr. LeRoy abstained . All in favor. Motion carried. The next item on the Agenda was a Public Hearing to consider the Conditional Use request for a used automobile sales lot (five cars) , an automotive dealer sales use, located at 2544 French Avenue, in a GC -2, General Commercial District. Owner: Charles E. Spencer; representative: Duane G. McGuire. Mr. Don Pflueger, P.E. was present for representation. Mr. Pflueger stated that Mr. McGuire is retired and that the car lot would be a means of supplementary income. Mr. McGuire is in the process of buying 3 to 4 cars. There will never be more than 4 cars on the lot at any one time. He also drives one of the cars. Mr. Pflueger stated that Mr. McGuire cannot economically handle more than 4 or 5 cars. There is a cross access easement with the restaurant. Mr. Pflueger stated that this use to be the Spencer property. This was used as an optical shop just previously to this request and prior to that it was used as a used car lot. Mr. McGuire is a licensed car dealer. There will be no employees. Mrs. Sonnenberg stated that Ms. Spencer called the first part of the week and stated that the Spencer's sold the restaurant property, and that the restaurant owner will be signing a new cross access easement. Mr. McGuire, 2456 Falmouth Road, Maitland, stated that he is retired and that he wants something to do. There will be no repairs nor clean up work on site. Mrs. Sonnenberg stated that she had one phone call from Michigan from the owner of three lots on Iroquois who objects to the request. There is one adjacent property owner who is in favor of the request. Eileen Wunder was present in the audience and stated that she owns property across the street. She is puzzled because they are requesting the 51 foot lot in the rear which takes it through to MINUTES PLANNING AND ZONING COMMISSION MEETING OF NOVEMBER 1, 1990 Page 3 Iroquois. If this is so, this would bring the drive onto her property. Ms. Wunder asked why do they need 51 feet going through to Iroquois. Mr. Pflueger stated that one requirement is to barricade the back portion so it will not be used. The barricades will stop all through traffic. Mr. Pflueger stated that only 30 feet will be used in the rear. There will be a field between the car lot and Ms. Wonder's property. Mr. Speer made a motion to approve the Conditional Use with the condition of not having more than 7 cars, in parking spaces 1 through 7, on the lot at any one time. Further that the barricade required by staff be built by Staff's recommendations. Mr. Brooks seconded. All in favor. Mrs. Stairs opposed. Motion carried. The next item on the Agenda was a Public Hearing to consider the request to Rezone from MR -2, Multiple- Family Residential, to that of GC -2, General Commercial for that property located at 802 West 13th Street. Owner: Clara M. Ball, representative: Anne D. Wallace. Ms. Anne Wallace, was present for representation. Ms. Wallace stated that Ms. Ball has a prospective buyer for this property and is requesting the rezoning so that it will all be the same zoning. The property which Ms. Ball owns touching 13th street is already zoned commercial. Mrs. Stairs moved for approval. Seconded by Mr. Brooks. All in favor. Motion carried. The next item on the Agenda was the consideration of the request for site plan approval for an equipment building and a free standing antenna structure, a public facility use, for property located at 3051 Narcissus Avenue in an AG, Agricultural District. Owner: W. A. Hoffman, Tr.; representative: Stephen H. Coover. (Tabled October 4, 1990). Mr. Brooks made a motion to remove from the table. Mr. Leroy seconded. All in favor. Motion carried. Mr. Steve Coover stated that a month ago a Conditional Use was approved to use cellular telephones in the area. The Board of Adjustment has given variances for the height and location of the tower. Mr. Coover commended Mrs. Sonnenberg for being such a great help. Mr. Coover stated that the maximum height will be 280 MINUTES PLANNING AND ZONING COMMISSION MEETING OF NOVEMBER 11, 1990 Page 4 feet with the tower being less than 260 feet because there is 13 feet of equipment. Also, a light will be on the tower. Mr. Speer moved on approval. Seconded by Mrs. Stairs and Mr. Brooks. All in favor. Motion carried. The next item on the Agenda was the consideration of the Preliminary Subdivision Plan for McCracken Industrial Park, an eighteen lot industrial subdivision located at 2601 McCracken Road in a RI--1, Restricted Industrial Zoning District. Owner: Genesys Perfect Urban Development Corporation; representative: John E. Herbert. Mrs. Sonnenberg stated that there was no one present for representation; but asked if the preliminary plan could be considered because it is more of a formality more than anything else. She stated that this plan was approved more than a year ago. The owners are now ready to proceed. Mr. Speer moved for approval. Seconded by Mr. LeRoy. All in favor. Motion carried. Mrs. Stairs stated that the Board had approved the car dealership at 3rd and Sanford Avenue and noted that it is in a horrid condition. Mrs. Sonnenberg is to notify Code Enforcement. Also, Mrs. Stairs stated that she had received a circular from Mr. Charlie Cameron noting that all of his properties will go on the market. Chairman Dennison requested that Staff start calling Members again as a reminder. Mr. Marder noted that the Board does not have any rules nor procedures and that he could draft some recommendations for the Board to take into consideration. Chairman Dennison stated this is something we need to address because of the number of absences a member is allowed to have. Mr. Speer asked if the Board could limit public hearings once a month, noting that site plan approvals could be for the first meeting of the month. Mrs. Sonnenberg stated that if this was done, development could be delayed. Mr. Jay Marder presented a compilation of the developments that we have in one stage or another within the City. The compilation shows what is planned within the City of Sanford. It gives us a MINUTES PLANNING AND ZONING COMMISSION MEETING OF NOVEMBER 1, 1990 Page 5 good idea of the projects and approvals of where or how far these projects have progressed. Eventually, we will have to look at developments that are needing to be considered as committed to currency management systems issues. Mr. Marder stated that we will have to think about implementing a concurrency system. This compilation is the first attempt at this. Mr. Marder stated that the compilation are projects on the drawing board at this time. The City has approved the development of regional impact for the Mall, but the City of Lake Mary and the ECFRPC has appealed our development order. There is some question as to the validity of approval. The development order will be considered by the Cabinet and also the courts. The City of Lake Mary appealed to the state because of affordable housing. The Regional Planning Council made an appeal which has not been dealt with yet. The affordable housing issue was resolved and the City Commission adopted the development order as amended. Mr. Speer asked if the City has an index or a record of vacancies of apartment dwelling under $300 a month or houses under $500 a month. Mr. Marder stated that the census data is fairly up to date, but that the City did not have any listing. Mr. Speer moved to approve minutes. Seconded by Mr. Brooks. All in favor. Motion carried. Meeting adjourned at 8:00 P.M. OWL oe ennison, Chairman FORM, COUNTY, ST NA F- FIj;SZ' NAM NC. A T'HE BOARD. C( CIL, (`UMMIS5106./AUTHORITI'. OR COMMITTEE ON WHICH I SERVE IS A UNIT' OF: VV C'1'rY : (YILJNTY OTHER t.O('AL AGENCY I ryn, CIT \ ,�` xOUNfy NASfOTITICAL SU 1510N: DATE ON v.' CH V 'E CURRED 11 ` �� MY POS N 1 .. ELE YE APPOINTIVE WHO MUST FILE FORM OB This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. h applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest udder Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. 813 MEMORANDUM OF VOTING CONFLICT FOR MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICER MIDUC9 NAME ^OF BOARD. COUNCIL,9)M MISSION, ,WHORITV, OR COMMITTEI • A copy of the form should be provided immediately to the other members of the agency. • The Dorm should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. I vwa ;� 1E FROM THE SA.NFORD CITY PLAMNER October 30, 1990 TO: City of Sanford Planning and Zoning Commission SUBJECT. • Planning Recommendations for Meeting of November 1, 1990 1. BR OKS FIR T IMPRESSIONS EARLY CHILDHOOD DEVELOPMENT CENTER - Request conditional use approval to permit a day care center in an MR -2, Multiple Family Zoning District located at 1221 West 7th Street. 1. Site is Zoned MR -2, Multiple Family Residential and includes a two -story residence. 2. Adjacent uses Zoned MR -2 include various one - family dwellings and a railroad track. 3. Recommend approval of the request for conditional use approval to establish a day care center based on the existing character of the area at the present time. 2. McGUIRE AUTO SALES - Request conditional use approval to permit use automobile sales in a GC -2, General Commercial Zone located at 2544 South French Avenue. 1. Site is Zoned GC -2, General Commercial and includes a small existing building. Site fronts French Avenue (U.S. 17 & 92), a major arterial, and Hiawatha Avenue, a local collector street. Site is 60 feet wide and approximately 240 feet long. 2. Site is adjacent a restaurant which appears to share vehicular access to French Avenue with the site. Site is also adjacent to a vacant building. 3. Recommend denial of the request for conditional use approval to establish used automobile sales because the narrow width of the site prevents the adequate provision of on -site circulation necessary to conduct automotive dealer sales. PLANNING RECOMMENDATIONS FOR NOVEMBER 1, 1990 PAGE 2 3. BALL - Request to rezone from MR -2, Multiple Family Residential to GC -2, General Commercial for property located on the north side of West 13th Street. 1. Site is Zoned MR -2, Multiple Family Residential and is vacant at the present time. Site contains approximately .75 acres and is bounded by Cedar Avenue, the CSX Railroad and land Zoned GC -2, General Commercial that includes a vacant office, vacant land. The applicant has indicated to City officials that the site is planned to be oriented with adjacent property to the south that is Zoned GC -2. 2. Site is adjacent to existing MR -2, Multiple Family Residential Zone that contains various single family residences. Site is also adjacent to a church, several single family residences and warehouse buildings Zoned GC -2. 3. Regarding Comprehensive Plan policies, the area south of West 11th Street and east of Cedar Avenue is designated Community Commerce which provides for various commercial and industrial uses. Therefore, the request to rezone from MR -2 to GC -2 would be generally consistent with the Plan. 4. Recommend that the request to rezone from MR -2, Multiple Family Residential to GC -2, General Commercial be approved based on the existing character of the immediate area and consistency with the Comprehensive Plan. Also, based on existing residential uses to the north and east of site, recommend a condition that access to and from the site be restricted to adjacent property to the south in order to prevent nonresidential traffic from adversely impacting residential uses.