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06.07.90MINUTES PLANNING AND ZONING COMMISSION MEETING OF JUNE 7, 1990 7:00 P.M. CITY COMMISSION CHAMBERS MEMBERS PRESENT: John LeRoy Tom Speer Joe Dennison John Morris Ben Dyal Helen Stairs Les Owens MEMBERS ABSENT: Leon Brooks Eddie Keith OTHERS PRESENT: Jay Marder, City Planner Bill Simmons, Director of Engineering and Planning Bettie Sonnenberg, Land Development Coordinator Marion Anderson, Recording Secretary The first item on.the Agenda was a Public Hearing to consider the request for a change of land use for that property described as 3401 Orlando Drive, lying east of Orlando Drive, south of Airport Boulevard and north of Americana Boulevard. Owner: Ishwar Naran; representative: Howard W. Jewett. Due to lack of representation, Mr. Owens moved to table. Seconded by Mr. Dyal. All in favor. Motion carried. The next item on the Agenda was a Public Hearing to consider the request to Rezone from AG, Agriculture, to that of MR -1, Multiple - Family Residential, that property located at the Southeast Corner of Mellonville Avenue and Pine Way. Owner: Apple & Seeds Investment company; representative: Daniel Singer, Agent. Mrs. Sonnenberg entered into the record a letter from Mr. Singer requesting that the consideration of the Rezone Application be withdrawn. Chairman Morris asked for a show of hands from the audience as to who were in opposition. There were approximately 13 people in the audience in opposition to the proposed rezoning. MINUTES PLANNING AND ZONING COMMISSION MEETING OF JUNE 7, 1990 PAGE 2 The next item on the Agenda was a Public Hearing to consider a Conditional Use for property in a GC -2, General Commercial zone, located at 2502 Laurel Avenue for the purpose of Automobile & Truck Service use for a Speedway- Starvin Marvin Convenience Store with four (4) gasoline dispensing islands. Owner: Calogero & Carmela Baio; representative: Henry Endrizzi. Due to lack of representation, Mr. Dennison made a motion to table. Seconded by Mr. LeRoy. All in favor. Motion carried. The next item on the Agenda was a Public Hearing to consider a Conditional Use for property in a GC -2, General Commercial zone, located at 401 Palmetto Avenue for the purpose of Multiple Family Use and the Use of a Nonconforming Structure and Lot. Owner: Stephen H. Coover, Trustee; representative: Charles M. Cameron, Agent. Mr. Charles Cameron, agent, 401 Magnolia Avenue, stated that he plans to have a 4 unit apartment building at this location. The structure is over 100 years old. It has been a rental business for the past 100 years. The non - conforming structure does not meet the setback requirements. Mr. Carmeron stated that he purchased the building several years ago and in turn sold the building in 1988. The building has been dormant for the past year. Mr. Cameron stated that he would like to reestablish this building as a 4 unit apartment building. In opposition was Mr. Tom Freeman, 605 Palmetto Avenue. He stated that he has lived in Sanford since 1955. There have been 2 murders and numerous muggings and break -ins in this area. Area residents have been meeting with the Police regarding the neighborhood watch program. The police are making arrests nightly. This use is not conducive to this neighborhood. The building should be brought up to code if this use is allowed. There are more transients renting these houses than stable people. We must stop the multi - family living in these old houses if we are to stop crime. Crack dealing is going on on Palmetto Avenue. The house does not have the facilities for 4 apartment units. People are sharing the bathrooms. You cannot walk down Palmetto Avenue without carrying a gun. It this is allowed, we must make sure it has all the facilities for an apartment, not a flop house for transients. There were approximately 25 people in the audience opposed to the conditional use. Myra Freeman, 605 Palmetto Avenue, stated that Mr. Cameron's track record is terrible. One of his homes was the site of a shooting. MINUTES PLANNING AND ZONING COMMISSION MEETING OF JUNE 7, 1990 PAGE 3 Mr. Cameron stated that this building consists of 4 apartments, each with a living room, bathroom, kitchen and bedroom. No one is sharing a bathroom. This will be licensed as a 4 unit apartment building. Julia Gough, 117 W. 10th Street, stated that she moved here last July. There is a rooming house across the street which is deplorable. She is in opposition to this use. Mr. Owens made a motion to deny the requested conditional use. Mr. Dyal seconded. All in favor. Motion carried. The next item on the Agenda was a Public Hearing to consider a Conditional Use for property in a RC -1, Restricted Commercial zone, located at 1310 South Park Avenue for the purpose of Change of Use of a Nonconforming Structure from a Church to a Residential Care Facility use. Owner /Representative: Mary L. Parise. Mary Parise, P.O. Box 44, Titusville, stated that she purchased the old house to make it an ACLF with 6 senior citizens. She plans to operate the facility herself. Ms. Parise will commute daily. She has a certified nursing aid that will assist and also a daily cleaning service. Ms. Parise stated that she has already met all the requirements with the City and with HRS. The elderly that will occupy this house will be able to take care of themselves. This will not be a nursing home, it is for ambulatory persons only. The parking has been satisfied with Staff. Mr. Dennison moved on approval. Seconded by Mr. Dyal. All in favor. Motion carried. The next item on the Agenda was a Public Hearing to consider a Conditional Use for property in a GC -2, General Commercial zone, located at the Corner of West 25th Street and Airport Boulevard for the purpose of Automobile & Truck Service /Car Wash. Owner: Stan Sandefur; representative: Dr. Storm L. Richards. Mr. Storm Richards, 1804 Maple Avenue, stated that the shopping center is not vacant. There will be no gasoline pumps associated with this business. Mrs. Stairs moved on approval. Seconded by Mr. Dennison. All in favor. Motion carried. The next item on the Agenda was a Public Hearing to consider a Conditional Use for property in a GC -2, General Commercial zone, located at 2543 S. French Avenue for the purpose of Outside Tank MINUTES PLANNING AND ZONING COMMISSION MEETING OF JUNE 7, 1990 PAGE 4 Storage for the sale of propane gas. Owner: Bob Gentry; representative: Jose Velazquez. Jose Velazquez, 98 Lake Drive, stated that he is trying to obtain a permit to sell propane at a retail level. The hours of operation will be from 7:00 a.m. to 8. p.m., six days per week. Mr. Velazquez stated that he has met all State requirements. He now holds a State license. He plans to maintain the ongoing businesses that are there now. He also rents U -Haul trucks and trailers, but there are weeks when there are no trucks there at all. Mr. Lynwood Everson, Public Gas Company, stated that Mr. Velazquez has a site plan that has been approved by the State. Mr. Bruce Maxwell, 504 Bayard Street, stated that he is scared stiff of having this operation so close to his home. He asked if it could blow up or cause an explosion. He is opposed to this use being so close to his home. Mr. Bill Clancy, Public Gas Company, stated that he has been in the gas business for 21 years in this area. He stated that they have always met the criteria of the State Fire Marshall's Office. The setback requirements have been met. The State Fire Marshall would never have approved the site plan if there was any danger to any one or any structure in the area. Mr. Owens moved to approve subject to site plan submittal for the storage tanks. Seconded by Mr. Dyal. All in favor. Mr. LeRoy opposed. Motion carried. The next item on the Agenda was the consideration of the request for site/ engineering Plan approval for an addition to Ace Hardware, a retail sales and service use, located at 205 E. 25th Street in a GC -2, General Commercial District. Owner: Robert N. and Inez Parsell; representative: John Reynolds. Mr. John Reynolds, 180 Ridge Street, Winter Springs, was present for representation. John Reynolds stated that he had a discussion with the Fire Department as to the connection and the point of connection, both being acceptable. Mr. K. Shoemaker stated that he had cleared it with Mr. Cohen of the Fire Department and the connection will come off Palmetto Avenue side. MINUTES PLANNING AND ZONING COMMISSION MEETING OF JUNE 7, 1990 PAGE 5 Mr. Dennison moved on approval subject to modification of fire hydrant and to waive the sidewalk on Palmetto Avenue. Mr. LeRoy abstained. Seconded by Mr. Owens. All in favor. Motion carried. The next item on the Agenda was the consideration of the request for Site /engineering Plan approval for Compass Marketing, a warehouse /distribution use located at 115 Coastline Road in a RI -1, Restricted Industrial District. Owner: Accord, Inc.; representative: Kevin J. Spolski. Mr. Kevin Spolski stated that they will be the only ones with a sidewalk but will set a precedent and put one in. This site is the heaviest wooded site on the entire industrial park. Mr. LeRoy made a motion to approve. Mr. Owens seconded. All in favor. Motion carried. The next item on the Agenda was the consideration of the request for Site /engineering Plan approval for Jett Aire of Central Florida, a corporate office and aircraft hanger use, located at 1300 E. 26th Place in a RI -1, Restricted Industrial District. Owner: Sanford Airport Authority; representative: Kevin J. Spolski. Mrs. Sonnenberg stated that has been discussion between the Fire Department, the Building Department and Mr. Spolski, as to whether the building would require a fire sprinkler system. Mrs. Sonnenberg asked that it be approved subject to determination of a fire sprinkler system. Mr. Kevin Spolski stated that based on the outcome of the meeting with the Building Official, the Fire Marshall and Mr. Spolski and the requirements of the Southern Building Code, Mr. Spolski will abide by what ever the decision is. Mr. Owens made motion to approve. Seconded by Mr. Dyal. All in favor. Motion carried. The next item on the Agenda was the consideration of the Site/ engineering Plan approval for the expansion of the parking and automobile display area for Jim Lash's Blue Book, an automobile dealer sales use, located at 4114 Orlando Drive in a GC -2, General Commercial District. Owner /Representative: James D. Lash. Mr. Nash stated he has no problem in negotiating with neighbors when possible as to access easement. MINUTES PLANNING AND ZONING COMMISSION MEETING OF JUNE 7, 1990 PAGE 6 F Mr. Speer moved on approval without the requirement of a cross easement. Seconded by Mr. Dyal. Mr. Simmons stated that there are other places where cross access easements are moving forward now; the Exxon Station, McDonalds' the Mobile Station, and also just south of Carvery. All in favor. Mr. Dennison opposed. Motion carried. The next item on the Agenda was the consideration the Site Plan for a detached sign for Central Florida Educators' Credit Union, a financial use, located at 105 E. 25th Street in a GC -2, General Commercial District. Owner: Tropic Bank of Seminole /Florida National Bank Corporation. Representative: Kenneth Soday. Kenneth Soday, Deland, was present for representation. Mr. Dennison moved on approval. Mr. Owens seconded. All in favor. Motion carried. On the Addendum to the Agenda was the consideration of the site plan for a propane dispensing station for Discount Propane, a retail use, located at 3804 Orlando Drive in a GC -2, General Commercial Zoning District. Owner: VSH Realty, Inc.; representative: Jack Bolderson. Mr. Jack Bolderson was present for representation. Mr. Dennison moved on approval. Mr. LeRoy seconded. All in favor. Motion carried. Under any other business from the floor or Commission Members. Dr. S. Joshi submitted a site plan for a sign and was present to answer any questions. Mr. Dyal moved on approval. Seconded by Mr. LeRoy. All in favor. Motion carried. Mr. Simmons stated that regarding sidewalks, the LDR addresses sidewalks in general. He requested the Commission to give some objectives as to what way Staff should go. Mrs. Sonnenberg stated that Katherine Welch would be the new Commission Member. Also, Mr. Owens and Mr. Keith were appointed for an additional term. Mr. Dennison made a motion to approve the minutes as circulated. Mr. LeRoy seconded. All in favor. Motion carried. MINUTES PLANNING AND ZONING COMMISSION MEETING OF JUNE 7, 1990 PAGE 7 Meeting adjourned at 8:30 p.m. FROM THE SANF+O1tD CITY WARNER Jtme 1. 1990 TO: City of Sanford Planning and Zoning Commission SUBJECT: Planning Recommendations for June 7, 1990 SINGER - Request to rezone from AG, Agricultural to MR -1, Multiple Family Residential for property located at the southeast corner of Pineway and Mellonville Avenue. 1. Site is Zoned AG, Agricultural, includes approximately 7 acres and appears to be vacant at the present time. 2. Site is adjacent to existing agricultural zoning in the City and the unincorporated area which evidences various single family dwellings generally located on tracts of greater than one acre. 3. Site is adjacent to an existing MI -2, Medium Industrial Zone which, while appearing to include an existing building, is basically vacant at the present time. 4. The Future Land Use Concept Map reflects Neighborhood and Resource Protection designations for the site. The Neighborhood designation permits various residential uses subject to specific locational considerations pursuant to the regulatory process. Resource Protection reflects wetland environmental characteristics in the area. 5. In June, 1989 the City Commission adopted a Joint Resolution with the Seminole County Commission that, amongst various considerations, recommends that the area south of Pineway be maintained as a general rural development area in both the City's and the County's plans. 6. Recommend that the request to rezone from AG, Agriculatural to MR -1, Multiple Family Residential be denied based on the general incompatibility of the proposed uses with the established rural character of the immediate area and the desirability of maintaining rural development policy in the area at the present time. 1 EMISE - Request conditional use permit to change use of a nonconforming structure from church - related activities to a residential care facility for property Zoned RC -1, Restricted Commercial located on the west side of Park Avenue south of 13th Street. 1. Site includes a two -story residence on two lots. The main residence appears to have experience various additions and also include a garage apartment. 2. Site is adjacent to various single family residences Zoned RC- 1, Restricted Commercial and a church Zoned MR -2, Multiple Family Residential. 3. Recommend approval of request for conditional use permit to establish a residential care facility in a nonconforming structure based on existing character adjacent uses and neighborhood at the present time as well as suitability of existing structure for the proposed use. CAMERON - Request conditional use permit to establish apartments in a non - conforming structure for property Zoned GC -2, General Commercial located at the southeast corner of 4th Street and Palmetto Avenue. 1. Site is Zoned GC -2, General Commercial and includes a two - story structure that appears to be designed to accommodate four dwelling units. 2. The Sanford Historic Survey mentions the site as follows, "By 1880, Sanford was a bustling little town with a population of 1,000 . Several houses survive in this area which could date to this era including the Duval Rental Houses at 401 (site) and 409 Palmetto Avenue . . . " ( Sanford Historic Survey Florida Preservation Services, 1987, p. 14) The Sanford Residential Historic District lists the site as a Frame Vernacular, pre -1887 contributing structure. 3. Existing uses adjacent to the site Zoned GC -2 include single and multiple family dwellings, garage apartments and commercial activities fronting Sanford Avenue. 4. Existing uses adjacent to site Zoned SR -1, Single Family Residential fronting Palmetto Avenue include a four -unit residence and various single family residences, two of which are boarded up (condemned) at the date of this writing. 5. Existing uses adjacent to site in area Zoned SC -3, Special Commercial include an apartment building, a fenced storage area, a duplex and offices. E 6. Recommend approval of request for conditional use approval for apartments based on site's existing structural characteristics for the intended use, long - standing prior use of structure and similarity with existing uses already established in the immediate area. MARAVON PETROLEUM COMPANY - Request conditional use permit to establish four gasoline service islands for property Zoned GC -2, General Commercial located at the southeast corner of 25th Street (State Road 46 East) and French Avenue (U.S. Highway 17 & 92). 1. Site is Zoned GC -2, General Commercial and actually constitutes two sites divided by a public alley. Site on the west side of the alley includes a restaurant; Site on the east side of the alley includes two parking lots separated by a single family dwelling. The alley includes various above- and below - ground utilities. 2. Adjacent land uses Zoned GC -2 include various retail sales and service establishments and single family dwellings fronting Laurel Avenue. 3. Recommend approval of gasoline service islands based on similarity of existing uses already established in the area and provided that any development activities related to the alley between the two portions of the site shall be subject to separate City approval. RICHARDS - Request conditional use permit to establish a car wash for property Zoned GC -2, General Commercial located at the northeast intersection of 25th Street (CR 46A) and Airport Boulevard. 1. Site is basically an "out parcel" in a shopping center that is vacant at the present time. Site is located at the intersection of arterial roadways and includes slightly less than one acre. 2. Various retail services and convenience stores with gasoline pumps are located adjacent to site. 3. Recommend approval of the request for a car wash based on the existing auto - oriented uses already established in the immediate area provided that access be through the shopping center parking lot rather that by additional curb cuts on Airport Boulevard or 25th Street. 3 VELZQUE,Z - Request conditional use permit to establish propane gas sales for property Zoned GC -2, General Commercial locate on the east side of French Avenue. 1. Site includes a gas station /convenience store with trailer rentals and propane gas sales. Land area is approximately 1/3 acre. The number of trailer rental units, limited onsite parking facilities, gasoline islands and convenience sales building restrict on -site circulation and prevent proper landscape, setbacks and screening of rental vehicles. 2. Recommend denial of the conditional use permit for propane gas sales based on the limited size of site to support additional activities. 4