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11.02.89MINUTES PLANNING AND ZONING COMMISSION MEETING OF NOVEMBER 2, 1989 7:00 P.M. CITY COMMISSION CHAMBERS MEMBERS PRESENT John Morris Eddie Keith Joe Dennison John LeRoy Tom Speer Leon Brooks Oletta Yates MENDERS ABSENT: Jay Malone Ben Dyal 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 Acting Chairman Morris. The first item on the agenda was a Public Hearing to consider a request to Rezone from MR -2 to GC -2, that property located at 2585 South Sanford Avenue. (Tabled October 19, 1989). Owner: Williams Trust; representative: Barton B. Pilcher. Mr. Pilcher, 2700 Ridgewood Avenue, apologized for missing the October 19th meeting. He stated that SR -1 zoning surrounds the MR- 2 zoning on the north and on the east sides. There is residential use across the street to the south. The two homes that are on this property are the worse two homes in the neighborhood. The use of the property is being requested for mini - storage warehouses. This is not a high intensity use. Low traffic, low noise with a 6 -foot fence all around. Mr. Pilcher stated that they are still in the planning phase but anticipates 15,000 square feet of storage facility. Will probably do phase building, perhaps, 5,000 to 7,000 square feet at a time. Initial building will be done at the rear of the two houses with the houses eventually being demolished. The homes now are being occupied by tenants. There was no one else present to speak in favor of or against the requested rezoning. MINUTES Planning and Zoning Commission Meeting of November 2, 1989 Page 2 Mr. Keith moved on denial of the request with the understanding that it would constitute spot zoning. Mr. Brooks seconded. All in favor. Motion carried. Chairman Morris suggested to Mr. Pilcher that perhaps he come back with a less encompassing zoning requirement and that if he came back with a specific proposal regarding the use that he wants to have, the Board may find a way to work with him on what would be compatible with the neighborhood. The next item on the agenda was a Public Hearing to consider a request for a Conditional Use for consumption of alcoholic beverages (beer & wine) on premises (Class 5) for property located at 1301 West 13th Street in a GC -2 zone. Owner: Florida First Funding Associates; representative: Joseph Watkins. Mr.Larry Grosser, 117 Wimbledon Circle, Lake Mary, stated that he is the owner and that Mr. Watkins is the tenant. Mr. Grosser stated that there are two businesses being operated now at this location. One, a package store which is licensed, and second an automotive repair shop. The garage was defacing the neighborhood. It is now gone. They would like to make the area that was used as the garage into a small restaurant. The property is being upgraded. The idea is to have a restaurant with alcoholic beverages during meals. Mr. Grosser stated that they have repaired the roof, replaced the windows, and that they are bringing it up to standards. They have decided against a full cooking kitchen. There will be a grill, microwave, and soups. There will be no gourmet cooking. Mr. Watkins will have bar -be -cue, which he will buy prepared and just heat up. This is the type food that will be served. Mr. Grosser stated that this restaurant could be operated without beer and wine. Mrs. Inez Jeff, 1320 Olive Avenue, wanted to know if this operation would be open on Sundays. Mr. Grosser stated "no, Mondays through Fridays ". There was not one else present to speak in favor of or against the requested Conditional Use. Chairman Morris pointed out that the Police Chief's recommendation was denial of this request because of previous problems in the area. Mr. Dennison moved on denial of the request. Mr. LeRoy seconded. Under discussion, Mr. Dennison stated that he would like to see MINUTES Planning and Zoning Commission Meeting of November 2, 1989 Page 3 this property being used as a restaurant. Mr. Dennison suggested to start the business now without beer and wine being served and at a later date the Planning and Zoning Commission consider the use of beer and wine being served in conjunction with food on premises. Mr. Brooks stated that he felt Mr. Watkins should have said something on his own behalf because Mr. Watkins could relate more to the type of business he plans to operate. Mr. Brooks stated that he could understand the Police Department's recommendation. All in favor of the motion to deny. Mr. Brooks opposed. Motion carried. The next item on the agenda was a Public Hearing to consider a request for a Conditional Use for expansion of a non - conforming use (junkyard in a GC -2 zone) for property located at 110 N. Holly Avenue in s GC -2 zone. Owner: Louis I. Dritz; representative: Tom Deppen. Mr. Deppen stated that this business was started back in 1939. Mr. Dritz has been there approximately 35 to 40 years. This particular facility is really not a junkyard. Basically, recycling of aluminum is all that is done at this site. This is a very clean operation as far as noise and pollution are concerned. Mr. Deppen stated that what the Dritz' are planning to do is protect the two compactors that are on site. The overhead storage will be approximately 2,000 feet and will be in aluminum. Mr. Dennison moved on approval of the conditional use. Seconded by Mr. Keith. All in favor. Mr. LeRoy opposed. Motion carried. The next item on the agenda was a Public Hearing to consider a request for a Conditional Use for 5 duplex lots for property located at Myrtle Avenue and East 26th Street in a SR -1 zone. Owner /representative: Sam Gabbai. Mr. Bob Seigler of 2530 S. Sanford Avenue, representing Mr. Gabbai, stated that this is a reapproval request. Nothing has changed. Requesting to develop as previously approved. Mr. Keith moved on approval of the conditional use. Seconded by Mr. Dennison. All in favor. Motion carried. The next item on the agenda was the consideration of the Site Plan for Care -O -Sell Pet Palace, an animal grooming facility, located at 407 West 25th Street in a GC -2 zone. Owner: Victor Gishler; representative: Larry Blair. Larry Blair, 1950 S. French Avenue, stated that there would be no housing of animals over night. MINUTES Planning and Zoning Commission Meeting of November 2, 1989 Page 4 Mr. Dennison moved on approval subject to engineering. Mr. Brooks seconded. All in favor. Motion carried. The next item on the agenda was the consideration of the Site plan for Dr. Anup Lahiry, a physician's office, located at 1621 West 1st Street in an existing building. Owner: Dr. Anup Lahiry; representative: Danny Lee. James Lee, 600 N. Power Road, stated that the site plan is for the parking area which includes 10 parking spaces. They will be remodeling the complete building. Mrs. Sonnenberg stated that basically this is just a change of use. Mr. Brooks moved on approval of the site plan. Seconded by Mr. Dennison. All in favor. Motion carried. On the Addendum to the Agenda, the first item was the consideration of an extension of the Site /Engineering Plan for Sanford Arms, an apartment group, located at 2450 Hartwell Avenue in a MR -3 zone. Owner: Wescott Invo Development, Inc.; representative: Joseph Kantor. Mr. Joseph Kantor stated that they have been working with HUD since April for funding. Within two weeks time they should receive final approval. Mr. Kantor stated that he was asking for a 6 -month extension which should allow them enough time for approval and to get the development started. Mr. Keith moved on approval of the extension. Mr. Dennison seconded. All in favor. Ms. Yates abstained from voting. Motion carried. The next item on the Addendum was the consideration of the Site /Engineering Plan for Safety Kleen, an industrial above ground tank collection site, located at 600 Central Park Drive in Northstar Business Park Phase II. Owner: Safety Kleen Corporation; representative: Kevin Schmuggerow. Kevin Schmuggerow, 777 Lake Timber Road, Altamonte stated that they are proposing a 12,400 square foot office warehouse. There will be a total of 6 20,000 gallon tanks, 2 of waste oil, 2 of mineral spirits and 2 dry cleaning tanks. This is on approximately a 3 acre site of Phase II of North Star Business Park. There will be no manufacturing or treatment on -site. Mrs. Sonnenberg stated that they have sent their submittal to Seminole County for drainage approval for Smith Canal and they MINUTES Planning and Zoning Commission Meeting of November 2, 1989 Page 5 realize that they have to give us a detailed landscaping plan for the buffering around the tank farm. Mr. Schmuggerow stated that there will be berming underneath the tanks with a dike containment system. The tanks will be elevated with a dish bottom. The site will have FDER approval. Mr. Dennison moved on approval subject to Staff's recommendations. Seconded by Mr. Keith. All in favor. Motion carried. Mr. Marder read from the Land Development Regulations the excerpt called Appearances and Arguments under Conditional Uses and Declaratory Ordinances. He stated that the intent and purpose was that if the applicant wanted to rebut any statements, he should be able to do so according to the Ordinance. Point being, at several of the hearings on Conditional Uses some of the applicants have wanted to say something in rebuttal prior to decision being made and they should be given the opportunity. Mr. Speer stated that apparently we have been cutting off rebuttals by the applicants. After the public input and participation is over, the applicants no longer have had any rebuttal. Chairman Morris stated that once there is a motion and a second, we're under discussion of the motion; there is no public input or rebuttal. Mr. Marder requested that the next worksession be postponed until the first meeting of December. The Commission had no objection. Mr. Speer asked Mr. Marder to talk to Mr. Simmons about Seminole County garbage trucks using 46 turning at French Avenue and 1st Street. They are terrorizing everyone at these intersections. Why can't they take the truck route? Mr. Speer stated that this has gotten to be a nuisance and we need to do some regulating. Mr. Brooks made a motion to approve the minutes. Seconded by Mr. Dennison. All in favor. Motion carried. Meeting adjourned at 8:10 P.M. FROM THE SANFORI) CITY PLANNER October 2 1989 TO: The City of Sanford Planning and Zoning Commission SUBJECT: Planning Recommendations for Meeting of November 11, 1989 WELL MS TRUST - Request to rezone to GC -2, General Commercial from MR -2, Multiple Family Residential for property located on the north side of East 26th Street between Sanford Avenue and Grandview Avenue. 1. Site is Zoned MR -2, Multiple Family Residential and appears to include two single family residences and various out - buildings. Site is approximately 1.3 acres. 2. A neighborhood commercial center Zoned RC -1, Restricted Commercial is adjacent to site's west boundary. Various single family residences are adjacent to site on south side of East 26th Street in an existing GC -2, General Commercial Zone. A church is located directly north of site in an SR -1, Single Family Residential Zone. Vacant land Zoned SR -1 is located immediately east of site. A temporary Florida Department of Environmental Regulation /City of Sanford construction site is located east of site. 3. Recommend denial of the request to rezone to GC -2, General Commercial based on incompatibility with existing residential uses south of site, incompatibility of uses permitted in the GC -2 Zone with the intent and purpose of existing SR -1 Zone established for the area adjacent to site and incompatibility with RC -1, Restricted Commercial Zone adjacent to site. WATKINS - Request for conditional use approval to permit a Class 5 alcoholic beverage sales establishment for property Zoned GC -2, General Commercial located at 1301 West 13th Street. 1. Planning recommendations are not provided for this type of request. MclNTOSH - Request for conditional use approval to expand a nonconforming junkyard for the purpose of adding a metal roof shelter on property Zoned GC- 2, General Commercial located on First Street between North Cedar Avenue and North Holly Avenue. 1. Site appears to include a one - family dwelling and various buildings. The portion of the site utilized for a junkyard including outdoor storage of used parts and materials that is separated I screened by a fence and building walls. PLANNING RECOMMENDATIONS FOR MEETING OF November 11, 1989, CONT'D PAGE 2 2. Site is adjacent to a multiple - family dwelling, an indoor storage facility and vacant land Zoned GC -2. 3. Recommend approval of conditional use request to add roofed shelter within the confines of the area already being utilized as a junk yard based on the existing character of the immediate area at the present time. GABBAI - Request for conditional use approval to construct five (5) two - family dwellings on property Zoned SR -1, Single - Family Residential located on the south side of West 26th Street adjacent to Myrtle Avenue. 1. Site is presently vacant. 2. Myrtle Avenue is unpaved south of West 26th Street. 3. Adjacent uses include one - family dwellings Zoned SR -1 and located on the south side of 26th Street. Various mobile homes and one - family dwellings Zoned GC -2 are located north of 26th Street. The unincorporated area immediately south and east of site is basically vacant at the present time. Existing multiple- family dwellings Zoned MR -2 are located east of site. 4. Recommend approval of the conditional use request to construct two - family dwellings based on the existing character of residential development already established in the area surrounding site. FORM 86 MEhIjORANDUM OF VOTING 0014FLIC1 r COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LA51 NAML-fk NAM I• -Nil 1) LN rrA Of BUARU, COUNCIL, COMMISMON, AL1TH0"' OR COMM1TTEL h+AlUNG %ULALSS THt• kUARU, COUPK4L. COMMISSION, ALAHC 1. Ok C'UMMITTF Un WHICH I SERVE IS A UNIT OF: tw `� f r✓ C'1'rY , : COUNT'1' ' OTHER [OPAL AGEN('Y C]TS COUNT) �� � ` n �' ��,� NAMI: OF POLITICAL SU UIV15)0N: �J / N / t J�Grj/' L D "7 U i' U UATF On WIAIC V011 OCCURRED I q M1 PU' ON tS: l Z l ELECf1�'E APPOINTIVE WHO MUST FILE FORM 86 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. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Seciiun 112.3143, Florida Statutes. The requirements of this lain 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 lam 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 1423443, FLORIDA STATUTES LECI'ED OFF] CERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures f 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 conflim: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abs:ainma from toting: 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 ML'S 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 anv attempt to influence the decision by oral or written communication, Whether made by the officer or a: his direction. IF YOU INTEND TO BRAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE W11-L BE TAKEN: You snou complete and file this form (before making any attempt to influence the decision) with the person responsible for ,cording the minutes of the meeting, who wili incorporate the form in the minutes. • A copy of the farm should be provided immediately to the other members of the aeencv. • The form should be read publicly ai the meeting prior to consideration of the matteT in which you have a conflict of interest I F YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • } - ou should disclose orally the nature of your conflict in the measure before participating. L • you should complete the form and file it within 15 days aft m nutote occurs with the person responsible for recording the minu. of the meeting, who should incorporate the form to the DISCLOSURE OF LOCAL OFFICER'S INTEREST ��]]Q�jj 19 2L 1, hereby disclose that on (a) A, measure came or t11 come before my agency which (check one) inured to my special private Fain or by whom 1 am retainer Z inured to the special gain of (b) The measure before my agency a the Mature of my interest in the measure is as follows: The Company that I am employed has been retained to manage this apartment community when built. I will be supervisor of the management and our company receives a fee for this service. Date Filed 5ignaturc NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES E112.31 (1985), A FAILURE TO MAKE ANY REQUi DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE OF THE FOLLOWS 1�gPEgC,uti1VNT REMOVAL OR SL'SP=NSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTIO ca.1 gin} R= pRI��aND, OR A CIS'1L P=NALT1' NOT TO — \CEE.D S5.0N.