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02.15.90MINUTES PLANNING AND ZONING COMMISSION MEETING OF FEBRUARY 15, 1990 7:00 P.M. CITY COMMISSION CHAMBERS MEMBERS PRESENT: Tom Speer Joe Dennison Eddie Keith John Morris Ben Dyal Leon Brooks Helen Stairs MEMBERS ABSENT: John LeRoy Jay Malone OTHERS PRESENT: Bill Simmons, Director of Engineering and Planning Jay Marder, City Planner Bettie Sonnenberg, Land Development Coordinator he meeting was called to order at 7:00 P.M. by John Morris. The first item on the agenda was a Public Hearing to consider the request to Rezone from SR -1, Single - Family Dwelling Residential to RI -1, Restricted Industrial that property located at 2810 Jewett Lane. Owner /representative: Bryan S. Seigler, Trustee. Mr. Bob Seigler, 2530 Sanford Avenue, one of the owners, stated that it had taken 5 years to develop the adjacent property. Annexation of adjacent property was under the Outreach Program. This parcel will be used only for access. The property must be zoned industrial, to be in conformity, and to bring in water and sewer. Present to speak in opposition was Pat Talley, 606 Bevier Road, owner of property to the west and north of the property being considered for rezoning. He stated this has been an on- going issue for many years. It started in the county and has made no progress of being annexed because of the enclave issue. There are 17 homes /37 people in the neighborhood and rezoning would be a detriment to the area. Bevier and Jewett has all homes on one side. One industrial activity, LON and a cabbage field on the other side. Mr. Talley stated Mr. Seigler was trying to develop the cheapese way. He has access on Airport Blvd. The County has an agreement relative to no access on Bevier Road or Jewett Lane. The increased traffic would be a detriment to the neighborhood. MINUTES Planning and Zoning Commission Meeting of 2/15/90 Page 2 Also present to speak in opposition was Ed Kennedy of 2820 Jewett Lane. He has lived there 33 years. He stated that he would like to see neighborhood stay as it is. It is residential and does not need industry. There is noise across Airport Blvd. all night long. Mr. Kennedy stated that the County Commission had objected to prior rezoning, saying it was a nice neighborhood. Mrs. Sonnenberg stated that Staff recommendation is to approve the one lot, for RI -1, Restricted Industrial. Mrs. Stair moved on denial of the rezoning. Mr. Dyal seconded. Mr. Dyal stated that people have their houses and do not want a drive through them. Mr. Dennison asked if the owner of Lots 14 and 15 were present and if there was any objections. Mr. Dennison was told that Mr. Fulford could not attend because he is working. Mr. Morris stated that the applicant is only asking that one lot be rezoned because of access. The property is landlocked and cannot get access. Ms. Stairs asked about access is Airport because it was the logical access. Mr. Morris stated "no ". Mr. Seigler stated that he would have to rebuild the bridge, 4 lane the highway and take lives in hand to enter and exit this property on Airport Blvd. Mr. Morris asked about Bevier Road for access. Mr. Seigler said that the water and sewer is closest on Jewett. In favor of the motion was Ms. Stairs, Mr. Dyal, and Mr. Brooks. In opposition were Mr. Morris, Mr. Speer, Mr. Dennison, Mr. Keith. Motion failed. Mr. Morris stated that people have a right to use their property. He could sympathize with whose living in the area. People used to complain about the cabbage. Mr. Morris stated that he does not believe that it would be detrimental to the property. Mr. Dennison made a motion to recommend approval of the rezoning to include Staff's recommendations. Mr. Keith seconded. In favor of the motion was Mr. Morris, Mr. Dennison, Mr. Keith and Mr. Speer. Opposed to the motion were Ms. Stairs, Mr. Dyal and Mr. Brooks. Motion carried. The next item on the agenda was a Public Hearing to consider the MINUTES Planning and Zoning Commission Meeting of 2/15/90 Page 3 request to Rezone from MR -2, Multiple - Family Residential to GC -2, General Commercial that property located at 2535 Oak Avenue. Owner /Representative: Nicholas Fertakis. Mr. Nick Fertakis of 375 E. Lake Mary Blvd., stated that they are planning to put a small building of mini warehouses to serve the neighborhood. They are planning to leave half as natural and have half as storage for boats and trailers, etc. This would be open storage, fenced and landscaped. The open ditch would be dedicated to the City. Mr. Fertakis stated that at one time they were knocking down trees and filling the property in, but stopped when asked. Bob Zittrower, who lives immediately to the east, stated that south of his property is a city owned park. This used to collect all water but the City has filled their part and there is no place for the water to go. The west side of the Park was a large cypress pond with a catch basin. Someone authorized a drain across the road. The building of the mini- warehouses will accentuate the water problem this summer. Rev. Rusher, Pastor of the Lutheran Church of the Redeemer, stated that the congregation has not had an opportunity to formally meet on this rezoning request. Informally, they have resolved that it not be approved by the City Commission because it is out of character with the neighborhood. Margaret Zittrower stated that Mr. Fertakis property was filled in without a permit and asked how could this happen. Mr. Dennison asked about the drainage situation stating that the City cannot go filling in a drainage way. Mr. Keith moved to recommend denial of the rezoning. Mr. Dyal seconded. Mrs. Sonnenberg stated that Staff recommendation is to deny the request. It was unanimously recommended to deny the requested rezoning. The next item on the agenda was a Public Hearing to consider a Conditional Use for property in a GC -2, General Commercial and SR- 1, Single - Family Dwelling Residential zone, located at 2511 S. Sanford Avenue for the purpose of a Alcoholic Beverage Sales - Class 5: Sale of beer and wine for consumption on premises in a restaurant with not less than 20 seats and expansion of a non- conforming use (access and parking) in the SR -1 zone. Owner /representative: Shirley Elaine Brantley. MINUTES Planning and Zoning Commission Meeting of 2/15/90 Page 4 Elaine Brantley, 1822 Sanford Avenue, owner of the restaurant for 8- years, stated that they are closed for remodeling and they have had many requests for beer and wine by customers. Ann Allman of 2515 Sanford stated that she knows and has worked for Mrs. Brantley. She lives next to the restaurant, and has no objection to beer and wine being served. Patty Curris also was in favor of the conditional use. Bob Seigler, 2530 Sanford, across the street, stated that the food is good, the place is clean, and this is an asset to the neighborhood and he was in favor. Mr. Dennison moved on approval of the request. Mr.Dyal seconded. All in favor. Mr. Speer in opposition. 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 (Parcel I) - 1100 Sanford Avenue, (Parcel II) 1101 Palmetto Avenue for the purpose of a Automotive Dealer Sales (Used). Owner /Representative: Gaynelle H. Hendrick. Ms. Gaynelle Hendrick, 348 Summerville Lane stated that she has an option to buy if approved. She stated that she does not know how many cars she will have but will need the back lot for use. Both lots are of some size but Sanford Ave. has a building on it. Mr. Joe Forbes, 209 East 10th Street, closest resident and member of the Sanford Historic Trust, stated that he is very proud of Sanford and does not want to see a storage lot in this location. It would not enhance the neighborhood. Lauren Skipper, 207 E. 10th Street, stated that they have worked very hard to improve the neighborhood and is in opposition. Don Moore, 818 Palmetto, stated hat this use would increase traffic. This area is narrow and ongested with parking on both side. He urged the Commission not to approve. Rich Canfield, 1120 Palmetto, stated that he has recently moved in and choose this area because of its historic neighborhood. He is looking forward to doing exciting projects with the Historic Trust. He was in opposition. Mrs. Sonnenberg entered a letter into the records in opposition that had been received. MINUTES Planning and Zoning Commission Meeting of 2/15/90 Page 5 Lori Strelha, Sanford Historic Trust is a resident of the historic district. Her house is on the National Historic Register. A used car lot does not fit into the category of the Historic Register. John Mercer, Palmetto Ave., was present to speak in opposition. Mr. Speer moved on denial of the request. Mr. Dyal seconded. All in favor. Motion carried. The next item on the agenda was the consideration of the site plan for a change of use for Willowwood Daycare, a daycare center, located at 2430 Willow Avenue in a RMOI, Multiple - Family Residential- Office - Institutional zone. Owner /Representative: Dwayne H. and Phyllis Ruby. Dwayne Ruby, owner of the property, stated that they are requesting to change the use to a day care center. Formally, the property was a ACLF retirement center. An HRS representative has approved the site for size. They will take down the gazebo and extend the drive. The entrance will be off Willow Avenue and the exit off 25th Street. Recommended for approval by staff with a new driveway. They will have approximately 50 - 60 children. With a staff of 4 - 15 children per staff members. Babies are not as profitable. The charge will be $60 - 64 /week /child. There is 3200 square feet interior room for the children. Mr. Dennison moved on approval as recommended by Staff. All in favor. Motion carried. When asked why the developer for Seminole Properties was asking for annexation, rezoning request and development order to be approved at one time, Mr. Marder stated it was customary to put them all together so that the developer and the City will know and agree to all the "wants and don't wants." Mr. Dyal was told on asking that the red welcome Sanford sign on West 1st Street is being taken down. The Romance sign on the semi- trailer was on newly annexed property. It had been cited by the County Code Enforcement Board and now has been turned over to the City's Code Enforcement Board. Mr. Morris nominated Mr. Dennison to Vice Chairman as Mr. Morris assumed the Chairmanship. All in favor. Motion unanimous. Meeting was adjourned at 8:OO P H "J " �� LL • 1 1 ',i � N. �� W, , I 1 � ''11 n y� N FROM THE SANFORD CITY PLANNER F a b r u at r v a_ 1 9 9 0 SUBJECT: Planning Recommendations for February 15, 1990 FERTARIS - Request to rezone from MR -2, Multiple Family Residential to GC -2, General Commercial for property located on the east side of Oak Street just south of Park Drive. 1. Site is Zoned MR -2, Multiple Family Residential, includes approximately 38,000 square feet and is presently vacant. Site appears to evidence wetlands vegetation with associated drainage function. 2. Area west of site is Zoned GC -2, General Commercial and includes various multiple family dwellings and mobile homes. 3. Area south of site is Zoned MR -2, Multiple Family Residential and includes vacant land and multiple family dwellings. 4. Site is bounded on the north by a church which is Zoned MR -2. 5. Area immediately east of site is basically vacant at the present time. 6. Recommend denial of the request to rezone from MR -2, Multiple Family Residential to GC -2, General Commercial based on the existing multiple family residential character already established in the immediate area. SEIGLER - Request to rezone from SR -1, Single Family Residential to RI -1, Restricted Industrial for property located on the north side of Jewett Lane west of Airport Boulevard. 1. Site is Zoned SR -1, Single Family Residential, includes less that a quarter acre and is vacant at the present time. 2. Site is adjacent to vacant lands Zoned RI -1, Restricted Industrial and MI -2, Medium Industrial. Various industrial activities are located in general vicinity of site. 3. Site is adjacent to lots zoned R -1, Single Family Residential in the unincorporated area that include various one - family dwellings. 1 T0: City of Sanford Planning and Zoning Commission 4. Recommend approval of request to rezone from SR -1 to RI -1 based on the emerging industrial character of the immediate area and similarity with adjacent zoning districts already established in the area. BRANTLEY - Request conditional use approval for sale of alcoholic beverages on premises. 1. No recommendation provided for this type of request. HENDRICK - Request conditional use approval to permit a used car lot in a GC- 2, General Commercial Zone located at the southwest corner of East 11th Street and Sanford Avenue. 1. Site is Zoned GC -2, General Commercial and includes an existing building fronting Sanford Avenue and a vacant lot with frontage on Palmetto Avenue. An alley is located between the two lots that constitute the site. 2. Land uses adjacent to the site located in an existing GC -2 Zone include a garage, an office building, retail stores and a used car lot. Such uses front Sanford Avenue. 4. Lot 6 of the site which fronts Palmetto Avenue is adjacent to various one family residences located in GC -2, General Commercial and SR -1, Single Family Residential Zoning Districts. 5. Recommend that the conditional use request be approved for Lot 1 of the site facing Sanford Avenue based on similarity with existing uses already established along Sanford Avenue. Recommend that Lot 6 of the site be denied based on the existing residential character already established by uses facing Palmetto Avenue. 2