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03.02.89MINUTES PLANNING AND ZONING COMAI<SSION Meeting of March 2, 1989 7:00 P.M. City Commission Chambers MEMBERS PRESENT Brent Carli John Morris Gary Davidson Jay Malone Leon Brooks Tam Speer MEMBERS ABSENT Joe Dennison Eddie Keith John LeRoy Jay Marder, City Planner Bettie Sonnenberg, Principal Deputy Administrative Official Bill Simmons, Director of Engineering and Planning The meeting was called to order at 7:00 P.M. by Chairman Carli. The first item on the agenda was a Public Hearing to consider a request to rezone from AG to that of RC -1 for commercial purposes , that property located at 2588 Sanford Avenue. (Tabled 2/16/89 ). Owners /representatives: Jesus Ortiz and Alberto Rodriguez. Mr. Morris made a motion to remove from table. Mr. Malone seconded. All in favor. Motion carried. Alan Rodriguez stated that they would like to open up a real estate office or a child care center. Chairman Carli asked Mr. Rodriguez if he had had a chance to review the City Planner's recommendations, recomre-nding that the zoning be changed to RMOI. Mr. Marder stated that he recommended RMOI zoning because of Schedule B, The Permitted Use Schedule, which includes such activities as daycare facilities and offices. It also includes multiple family housing but do not include retail ccavercial type activi- ties. Mr. Ortiz stated that he was not aware of the recommendations and would need time to consult with his partner before making the decision to rezone to RNLI. Mr. Speer made motion to table until meeting, March 16th. Mr. Davidson seconded. All in favor. Mr. Morris opposed. Motion carried. MINUTES Planning and Zoning Cranission Meeting of March 2, 1989 page 2 Mr. Malone suggested that Staff add to the Application to Rezone a statement to appli- cants to check with the City for staff recommendations. The next item on the agenda was a Public Hearing to consider a request to rezone from SR -lA and AG to that of GC -2 for future commercial purposes, that property located east of U.S. 17 -92 and south of Lake Mary Blvd. owner /representative: Louis Wolff, Tr. Mr. Dave Farr, 106 Larkwood Drive, stated that this item is in conjunction with item 3 on the agenda. Mr. Simmons stated that the present status of this annexation which should not change the action of this Commission, has been tabled by City Commission two times at the request of Seminole County. This was most recently tabled until the 27th of March in order to attempt to generate an Annexation Petition for the parcel immediately to the north. Mr. Farr knew that it would not go for final action for rezoning for quite a while because of the wait for the Comprehensive Plan Amendment adoption. Mr. Morris moved on approval of the request to rezone. Seconded by Mr. Davidson. All in favor. Motion carried. The next item on the agenda was a Public Hearing to consider a request to rezone from SR-1A and AG to that of GC -2 to fully utilize the remaining parcel tract of land in conjunction with the on -going business on the west half. Owners: Daniel & Diane Cuebas & Samuel & Sandra Weiss; representative: Thomas Deppen. Mr. Deppen, 2411 Oak Avenue, said that this parcel was annexed on December 27, 1988. Mr. Morris moved on approval of the request to rezone. Seconded by Mr. Davidson. All in favor. Motion carried. The next item on the agenda was a Public Hearing to consider a request to rezone from SR -lA to that of RC -1 for a convenience store, that property located south of West 25th Street in the 1400 block. Owners: Ralph W., Kathleen, Frances & Hazel Pezold; repre- sentative: Braxton Jones. Mr. Mack Cleveland, 209 N. Oak Avenue, stated that he was here on behalf of the appli- cants. East of this property is Hartwell Avenue, to the west is Georgia Avenue and Geneva Garden Apartments. The rezoning would be compatible to the surrounding area. The property will be used for a convenience store. Mr. Morris stated that the back portion of land is listed in the City records as being environmentally sensitive and asked if Mr. Cleveland's client would address those con- cerns. Mr. Cleveland stated that his client would do anything within reason in connec- tion with this request. Mr. Morris stated that some of the problems the Board might want to consider are the uses that are permitted within an RC -1 zone and the requirements that may be put upon MINUTES Planning and Zoning Commission Meeting of March 2, 1989 Page 3 the applicant in order to provide the services that he wants to provide. He was con- cerned with the quality of the land. With the high school being a couple of blocks away and the apartments in the area, he had some concern that it would be a gathering point for young people. Mr. Morris said that he was not concerned with the spot zoning aspect but was more concerned with what we want 25th Street to become in the years ahead because this will be a very busy street. Mr. Speer stated that McKibbin Park had been built in a beautiful bayhead with no on- site retention and all the water from McKibben Park came over into this sensitive area, Mr. Speer said that he had noticed that all of the larger trees had been burdened from the water of McKibben Park and the water had killed all the trees. Mr. Simmons said that there is a street with drainage design which separates McKibben Park from this parcel. Mr. Simmons was not certain that there was a direct connection where the runoff from McKibben Park finding its way towards the area Mr. Speer discussed as opposed to being intercepted and going directly into 25th Street either directly from the Park or utilizing Georgia Avenue and thence into the drainage system. Mr. Morris stated that he personally would not like to see a convenient type store in this area; however, setting aside personal observations and trying to look at it from a view point of the individuals that own the land, and they are attempting to use it in such a manner that they consider to be the highest and best use. Staff informed Planning and Zoning that they can go either way in regards to the RC -1 zoning. Planning and Zoning had discussed briefly what the Board would like to see on this par- ticular strip of land. General Commercial to the east on French Avenue, general com- mercial on the west side of .Lake Mary Blvd; with RMDI on both sides of 25th Street. There are concerns about the condition of the land itself and what effect it would have on the neighborhood. Mr. Morris moved on approval of the request for rezoning with site plan approval to address the wetlands. Seconded by Mr. Speer. All in favor. Mr. Davidson opposed. Motion carried. The next item on the agenda was a Public Hearing to consider a request for a conditonal use in a GC -2 zone for the purpose of a wholesale automotive and minor repair service for that property located at 601 East Celery Avenue. Owners /representatives: Lee & Elane Esty. Mr. Thomas Green, 212 Park Avenue, said that this will be a wholesale type automotive business with minor repair. There will not be any retail business whatsoever. What will be done is acquiring automobiles, detailing or minor repairs and then selling them to the auto auction. Mr. Green stated that Kiddy Car Sales, Rudy's Automotive, Emtricks Paint and Body, Butch's Chevron, Phillip's 66 and another convenience store which sells gas, are all businesses in the surrounding area. There are one and two family dwellings in this area score of which are rentals. MINUTES Planning and Zoning Commission Meeting of March 2, 1989 Page 4 Ms. Margaret Anderson, Winter Springs, stated that she owns rentalproperty on Pine Avenue. She had spoken with her tenants and they have expressed opposition because this is a quiet street with small children. Mr. Esty stated that there would be spot painting only, minor repairs, no engine or transmission replacement, and no noisy work. The fencing is basically done. Hours of operation to be from 8:00 a.m. to 6:00 p.m. Mr. Morris moved on approval with no retails sales, no paint shop and site plan appro- val. Seconded by Mr. Malone. All in favor. Motion carried. The next item on the agenda was a Public Hearing to consider a request for a con- ditional use in a MI -2 zone for the purpose of a model center for single family hones for that property located at 3701 S. Sanford Avenue. Owner: Cardinal Industries, Inc.; representative: Mike Burkett. Mike Burkett, 3701 Sanford Avenue, stated that this will be 2 single family model hones close to the existing manufacturing facility. There will be no utility hook-ups, and the existing parking lot will be utilized. There will be extensive landscaping, irri- gation and they will have temporary power. Mr. Malone moved on approval. Seconded by Mr. Davidson. All in favor. Motion carried. The next item on the agenda was a Public Hearing to consider a request for a con- ditional use in a GC -2 zone for the purpose of a tire sales and auto service for that property located at 2858 S. Sanford Avenue. Owner: Herman Hagenstein; represen- tative: Stanley C. Hill. Stanley Hill, Debary, stated that he was here on behalf of Tire City. Their intention is to use the property for tire sales, tire service and minor auto repair. Currently, the property is maintained at a miniam capacity. Repairs are being made on the building. It is being somewhat modified and they are doing some business. They have not been cited by Code Enforcement and have been in operation since the first week in January. Mr. Hill stated that he has received a notice from the City stating that he is in violation and he should not be operating his business. Mr. Ed Williams, 2621 S. Sanford Avenue spoke in opposition to the requested con- ditional use. Mr. Williams wondered what could be expected in the future if this busi- ness started out illegally. Mr. Malone moved on approval subject to the operation ceasing until the site plan could be reviewed and approved. Mr. Brooks seconded. All in favor. Motion carried. The next item on the agenda was the consideration of a request for a conditional use in a GC -2 zone for the purpose of a church for that property located at 1512 West 13th Place. Owner /representative: Rev. Edward Ings. MINUTES Planning and Zoning Commission Meeting of March 2, 1989 Pa ge 5 Rev. Ings, 1214 W. Conley Street, Orlando, stated that the members of Mt. Olive Church of God had purchased four lots on which to build a community church. They have been using different churches in which to hold services. Included in the church will be a daycare center and a shelter for elementary school children while their parents are working. Rev. Ings stated that the congregation consists of approximately 20 youths and 10 adults, many of which are within walking distance of this property. Rev. Ings stated that there will be approximately 30 children on -site at any one time between the hours of 3:00 to 6 :00 p.m. There will be no charge for the children. The seating capacity of the church is envisioned to be approximately 100. The church will use two lots for parking and the plans for the church show that sane parking spa- ces could be around the church. Mr. Jerry Atkinson, Orlando, stated that he owns a liquor store at 1610 West 13th Street. Mr. Atkinson was concerned that the church might interfere with his remodeling of his store. Mr. Atkinson was under the impression that Rev. Ings' church was right across the street from his property. After explanation that this church was not across from his property, he had no problems with the church being constructed. Mr. Morris moved on approval subject to site plan approval. Mr. Malone seconded. All in favor. Motion carried. The next item on the agenda was a Public Hearing to consider the final plat for Lindsey Estates, a 13 lot duplex/development located at 4120 Paola Road in a MR -1 zone. Owners: Harold F., Gretchen & Bruce White; representative: Bruce White. Mr. Morris asked Mr. White if it is still his intent to sell the individual lots out. Mr. White stated that it never was his intent to sell the lots and that he was under the impression that it was common practice to maintain the streets for one year and then to donate the streets to the City. Mr. White stated he would build the street to City specifications with him maintaining. Mr. White said that he, at some point, intends to sell them, but he intends to keep the properties for at least 8 to 10 years. Mr. Simmons stated that according to the plat, Tract B was to be dedicated as a utility easement to the City and the street was to remain private. Mr. White stated that he had worked very closely with the church and the church had granted him an easement going across the northwest corner of their property to tie into the City's sanitary system. Mr. White proposed a 6 -foot stockade fence along the area of the church. Mr. Morris stated that he didn't think the stockade fence would be a suitable buffer between Mr. White and the church. A block with a decorative stucco would be more acceptable than a stockade fence or a chain link fence. Mr. Morris also said that he would like to see extensive landscaping on the 46A side. MINUTES Planning and Zoning Commission Meeting of March 2, 1989 Page 6 Mr. Speer made motion to approve the final plat. Seconded by Mr. Malone. Mr. Morris moved to amend the motion with the addition of a wall or site proof landscaping between the church and lots 1 through 6 and 46A. Mr. Davidson seconded. All in favor. Mr. Malone and Mr. Speer opposed to the amendment. Motion carried. All in favor of the motion as amended. Mr. Speer and Mr. Malone opposed. Motion carried. Mrs. Sonnenberg stated that when Mr. Lash was approved for car lot temporary parking on an unpaved area, he was to secure a contract for paving. Mr. Lash stated that hope- fully it would be done within the next 60 days. Mr. Malone asked if Mrs. Sonnenberg would check the completion date request on the previous minutes. Mr. Brooks requested Staff to contact DOT relative to the intersection of 25th Street and Mellonville Avenue. Mr. Simmons stated that this had been discussed with the Operations Engineer in Deland. He had collected accident reports from the Chief of Police, and had written a letter requesting that DOT do a traffic study on this inter- section. Mr. Malone stated that at 1018 French Avenue there is a video game place with no lights. It is the most disruptable place that has been seen. Mr. Simmons said that the Police Chief had recently requested of the City Commission that game rooms be licensed as a s category. There are a number of people inside and outside of staff that share Mr. Malone's concerns and the City Commission is moving toward making a firm decision on this. Mr. Malone specifically requested that someone take a look at this game room. Mr. Malone asked what happened to the site plan for Farmer's Furniture. Mr. Simmons stated that the owner of that property was preparing to work on the total parking lot within that block as a part of the on- -going construction. Mr. Malone asked if the City Commission acted on Planning and Zoning's recommendation for minimum size housing. Mr. Simmons stated that the City Commission had discussed the recommendation and is preparing to go to their own public hearing. Mr. Davidson asked if staff could check on a possible taxi cab service at 1347 Mellonville Avenue. Mr. Malone made a motion to approve the minutes. Motion carried. Meeting adjourned at 9:15. Mr. Brooks seconded. All in favor. Brent Carli, Chairman t rr� iur 47 FROM THE CITY PLANNER TO: City of Sanford Planning and Zoning Commission DATE: February 24, 1989 SUBJECT: Planning Recommendations for March 2, 1989 RODRIGUEZ - Request to rezone from MR -2, Multiple Family Res ential to RC -1, Neighborhood Commercial for property located on the west side of Sanford Avenue between 25th and 26th Streets. 1. Site is Zoned MR -2, consists of platted lots fronting Sanford Avenue and includes an existing one - family dwelling. 2. Various one - family dwellings are located adjacent to site in area Zoned MR -2. A church is located east of site in an SR- 1 Zone. 3. A small strip commercial center is located southeast of site in an RC -1 Zone. 4. Question is one of policy regarding development in immediate area of Sanford Avenue. 5. Future Land Use Plan Element of Comprehensive Plan designates site and surrounding area as a Neighborhood Area suitable for small -scale nonresidential uses in selected areas. 6. Recommend approval of RMOI, Multiple - Family Residential - office- Institutional Zoning rather than RC -1, Restricted Commercial because nonresidential activities permitted in RMOI Zoning such as offices are compatible with the immediate area and because the existing development of site and adjacent properties are not suitable for uses permitted in RC -1 Zoning such as are located in the existing RC -1 Zone opposite site. Note: This is the same recommendation provided to the Planning and Zoning Commission at its meeting of February 16, 1989. 1 WOLF - Request to rezone from SR -1A, Single Family Residential and AG, Agricultural to GC -2, General Commercial for property located east of U.S. Highway 17 & 92, north of Woodson Avenue and south of Lake Mary Boulevard. 1. Site is Zoned AG, Agricultural and SR-IA, Single Family Residential and is presently vacant. Site is easterly portion of a tract that fronts U.S. Highway 17 & 92. Westerly portion of tract (not site) is Zoned GC -2, General Commercial. 2. East boundary of site is adjacent to one - family dwellings Zoned R -1A, Single- Family Residential in unincorporated area. 3. Site is currently being considered to be designated as Community Commerce in the Future Land Use Plan Element pursuant to the First Annual Comprehensive Plan Amendment for 1989. GC -2 Zoning is consistent with the intent and purpose of the Community Commerce land use designation. 4. Recommend approval of the request to rezone to GC -2, General Commercial based on the site's /tract's relationship to U.S. Highway 17 & 92, consistency with anticipated Future Land use Plan designation and character of the immediate area at the present time. NOTE: Should this request to amend the Zoning District Map be approved by the City Commission, it should not be adopted until the First Annual Comprehensive Plan Amendment for 1989 is adopted. Anticipated adoption date is May, 1989. DEPPEN - Request to rezone from SR -1A, Single Family Residential and A�3, Agricultural to GC -2, General Commercial for property located east of U.S. Highway 17 & 92, north of Woodson Avenue and south of Lake Mary Boulevard. 1. Site is Zoned AG, Agricultural and SR -1A, Single Family Residential and is presently vacant. Site is easterly portion of a tract that fronts U.S. Highway 17 & 92. Westerly portion of tract (not site) is Zoned GC -2, General Commercial and appears to contain an automobile sales establishment. 2. East boundary of site is adjacent to one- family dwellings Zoned R -1A, Single - Family Residential in unincorporated area. 3. Site is currently being considered to be designated as Community Commerce in the Future Land Use Plan Element pursuant to the First Annual Comprehensive Plan Amendment for 1989. Requested GC -2 Zoning is consistent with the intent and purpose of the Community Commerce land use designation. 4. Recommend approval of the request to rezone to GC -2, General Commercial based on the site's /tract's relationship to U.S. 2 Highway 17 & 92, consistency with anticipated Future Land Use Plan designation and character of the immediate area at the present time. NOTE: Should this request to amend the Zoning District Map be approved by the City commission, it should not be adopted until the First Annual Comprehensive Plan Amendment for 1989 is adopted. Anticipated adoption date is May, 1989. JONES - Request to rezone from SR -1, Single - Family Residential to RC -1, Restricted Commercial for property located on the south side of West 25th Street between Georgia and Hartwell Avenues. 1. Site is Zoned SR -1A, Single Family Residential, fronts West 25th Street, an arterial roadway and is presently vacant. 2. According to information on file in the Department of Engineering and Planning, the site would appear to be classified as "environmentally sensitive lands" with significant constraints to urban development activities in terms of soil limitations and wetlands vegetation. 3. Existing land uses adjacent to site include the following: a. Apartments Zoned MR -3, Multiple Family Residential located on west side of Georgia Avenue. b. Apartments located south of site Zoned MR -2, Multiple Family Residential. C. A city park located on east side of Hartwell Avenue Zoned SR -1, Single Family Residential. d. Vacant land Zoned MR -3, Multiple Family Residential on north side of West 25th Street opposite site. 4. Pursuant to the First Annual Comprehensive Plan Amendment of 1989, the site and surrounding area are proposed to be designated as "Neighborhood" on the Future Land Use Concept Map of the Comprehensive Plan. While Neighborhood areas are intended to be primarily of a residential character, small scale, neighborhood - oriented nonresidential land uses may be permitted on a site -by -site approval basis. 5. Question is one of policy regarding whether to permit retail - type commercial land uses to be established in the immediate area. While office uses are located several blocks east of site, existing land uses in the immediate area of West 25th Street are residential. 6. Recommend approval of RMOI, Multiple - Family Residential, office and Institutional Zoning rather than RC -1, Restricted 3 Commercial based on the desirability of avoiding the proliferation of strip commercial development in the immediate area of West 25th Street, the absence of such retail -type commercial type development in the immediate area at the present time and the compatibility of RMOI Zoning with existing multiple family zoning districts already established in the immediate area. This recommendation is based on land use policy considerations and does not reflect whether the site is suitable or unsuitable for urban development, regardless of zoning district. NOTE: Should this request to amend the Zoning District Map be approved by the City Commission, it should not be adopted until the First Annual Comprehensive Plan Amendment for 1989 is adopted. Anticipated adoption date is May, 1989. ESTY - Request for conditional use approval to permit automobile sales and minor automobile repair for property Zoned GC -2, General Commercial located at the southeast corner of Celery Avenue and Pine Avenue. 1. Site presently includes two buildings surrounded by a cyclone fence topped with barbed wire. 2. A day care facility is located adjacent to site as are several one- and two - family dwellings. 3. Question is one of policy regarding whether to permit automotive uses along Celery Avenue in the area between Sanford Avenue and Mellonville Avenue. 4. Recommend denial of the conditional use request to permit automobile sales and repair based on the incompatibility of the proposed use(s) with existing uses and established character of the surrounding area at the present time and the desirability of preventing automotive uses in the subject area of Celery Avenue. CARDINAL INDUSTRIES - Request for conditional use approval to permit a ma a home center for two (2) one - family dwellings on property Zoned MI -2, Medium Industrial located on the east side of Sanford Avenue south of Silver Lake Drive. 1. Overall tract upon which site is located is Zoned MI -2, Medium Manufacturing and is presently being utilized for constructing modular buildings. 2. Site is adjacent to industrial uses, offices and vacant land Zoned RI -1, Restricted Industrial and MI -2, Medium Industrial. 4 2. Site is adjacent to a fraternal organization and a day care facility fronting Sanford Avenue. 3. Site is also adjacent to one - family dwellings on east side of Sanford Avenue and a mobile home and a one - family dwelling west of site. 4. Various automotive activities are already established along Sanford Avenue south of East 28th Street, several hundred feet north of site. 5. Recommend approval of conditional use request to permit tire sales and automobile repair based on similar existing uses already established in the immediate area. INGS - Request for conditional use approval to permit a church on property Zoned GC -2, General Commercial and MR -2, Multiple Family Residential located on West 13th Place. 1. Site consists of four lots, two of which are contiguous, all of which front West 13th Place. Three lots located on north side of street are Zoned GC -2, General Commercial; lot located on south side of street is Zoned MR -2, Multiple Family Residential. 2. Each lot of site and adjacent properties are less than 6,000 square feet each; therefore, the two contiguous lots (18 & 19) contain approximately 11,000 square feet. 3. Single family dwellings are located on the majority of lots fronting West 13th Place. 4. Recommend conditional approval of the request to establish a church subject to the following stipulations: a. The church building shall be located on lots 18 and 19 and shall not to exceed 2,400 square feet of floor area. b. No structures shall be placed on lots 16 or 36. C. Seating capacity shall be restricted to twenty four (24) persons. 5