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05.05.88MINUTES PLANNING AND ZONING CCMMISSION Meeting of May 5, 1988 7 :00 P.M. City Commission Chambers Members Present John Morris, Chairman Eddie Keith Jay Malone Leon Brooks Brent Carli Gary Davidson Joe Dennison John LeRoy Tom Speer Others Present Jay Marder, City Planner Bettie Sonnenberg, Zoning and Arbor Inspector The meeting was called to order at 7 :00 P.M. by Chairman Morris. The first item on the agenda was a public hearing to consider a request to rezone from MR -2 to GC -2, tabled April 21, 1988, for the purpose of commercial use, that property located South of Seminole Centre and Fast of Gregory Mobile Homes. Owner: Seminole County School Board; representative: Ned N. Julian, SCSB Attorney. Mr. Davidson made a motion to remove from table. Mr. Carli seconded. All in favor. Motion carried. Richard Wells, Assistant Superintendent, stated that Seminole County is trying to extend Lake Mary Boulevard instead of condemning the property - is exchanging a fif- teen acre site for 13 acres. When asked by Mr. Malone if the GC -2 zoning would be more valuable than the MR -2, the answer was that it probably would be. Mr. Davidson wanted to know how the property would be accessed and was told "by the Lake Mary Boulevard extension ". Mr. Wells said the two lots in Sunland will be declared surplus and sold. Mr. Keith moved to recommend approval of the request to rezone to GC -2. Mr. Dennison seconded. The motion carried 6 to 1 with Mr. LeRoy and Mr. Brooks, School Board employees, abstaining. The next item on the agenda was a public hearing to consider a request to rezone from SR -lAA to GC -2, for commercial purposes, that property located on Lake Mary Boulevard east of Bayhead Pet Center, across from Bayhead Racquet Club. Owners /representatives: Terry L. Donnelly & Bryan S. Seigler. Mr. Robert Seigler, 2524 S. Park Drive, stated that the property had been for sale for 5- years. There is almost 1i acres with legal access from the rear of the pro- perty. They are proposing a car wash and have talked with the Lil Food Town food store for ingress /egress between the two properties off of Lake Mary Boulevard. Mr. MINUTES Planning and Zoning Camnission May 5, 1988 Page 2 Seigler stated that this property as zoned cannot be used for anything other than single family and it cannot be used for commercial purposes unless they can obtain ingress /egress off of Lake Mary Boulevard. Mr. Malone made motion to approve for GC -2 zoning upon approrval of site plan. Motion died for lack of a second. Mr. Speer made motion to approve the proposed rezoning. Chairman Morris stated that it would be spot zoning. Motion died for lack of a second. Mr. Marder stated that under the draft land development regula- tions, a car wash would be a conditional use under RC -1 zoning. Mr. Carli moved to approve rezoning from SR -lAA to RC -1 contingent upon letter of approval for ingress /egress off of Lake Mary Boulevard. Mr. LeRoy seconded. Mr. Malone asked if Mr. Seigler could come back with appropriate data relating to the ingress /egress. Mr. Seigler suggested the rezoning to change to PUD. After discussion about the nonlegality of conditional zoning, Mr. Carli withdrew his motion. Mr. LeRoy withdrew his second. Mr. CArli made a motion to recoanend the approval from SR -lAA to RC -l. Seconded by Mr. Malone. All in favor, Mr. Davidson opposed. Motion carried. The next item on the agenda was a public hearing to consider a request to rezone from MR -1 to RC -1 for the purpose of a beauty shop and home, that property located at 2542 South Sanford Avenue. Owner /representative: Anita Reid. Mr. Speer moved to table due to lack of representation. 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 GC -2 for the purpose of parking for Avis Used Cars, in con- junction with the lot on Highway 17 -92, that property located at 4165 Orlando Drive. Owner /repre - sentative: Farideh Mokhberi. Mr. Mokhberi stated that this will be a storage lot for surplus cars, it will be paved and fenced. There will be no storage of wrecked or inoperable cars. Mr. Mokhberi had an engineering report which stated the land was suitable for develop- ment and was not wetlands. After discussion as to where the GC -2 property should end, the buffering of the residential property to the east and the wetlands on the property, defeated a motion made by Mr. Speer and seconded by Mr. Brooks to recamiend the approval of the request to rezone frcm SR-1A to GC -2 by a vote of 4 to 5, Mr. LeRoy, Mr. Keith, Mr. Davidson, Mr. Carli, Mr. Morris were in opposition. The next item on the agenda was a public hearing to consider the conditional use for property to be used for a Class 3 License, that property located at 2461, 1463, 2465 & 2467 Airport Boulevard in a GC -2 zone. Owner /representative: Stephen E. Sullivan. MINUTES Planning and Zoning Ccmmission May 5, 1988 Page 3 Mr. Sullivan stated that he has owned Liquor Garden since 8/22/87 arxi would like to add a lounge. Churches are located 1970' and 1720' away. The City Council is to review this ordinance because churches have to be 2000' away and other Class 3 establishments have to be 1000'. He has asked for a variance for a 2 -year period until the Pub's lease is up. Ms. Bettie Freddie, 2014 Old Lake Mary Road, stated that she is speaking in opposi- tion to the proposed rezoning and that she was representing the families on Old Lake Mary Road between 20th and 25th Streets. She stated that she was inclined to believe that it would be harmful to the community and that she is opposed to the issuance of the Class 3 License. Mr. Speer moved to table until City Council has had a chance to review the ordinan- ces, seconded by Mr. Malone. Mr. Carli and Mr. Brooks opposed. Motion carried. The next item on the agenda was a public hearing to consider the conditional use for property to be used as a Class 3 License, that property located at 3693, 3695 & 3697 Orlando Drive in a GC -2 zone. Owner /representative: Stephen E. Sullivan. Mr. Sullivan stated that he knew it would be hard to acquire the Class 3 license because for the Liquor Garden because of the zoning. He would like to move the liquor store to Seminole Centre and open a lounge. If Mr. Sullivan is unable to obtain approval of his request for a Class 3 license at 2461, 2463, 2465 and 2467 Airport Boulevard, he intends to open his operation at Seminole Centre. Mr. Malone moved to recommend approval. Seconded by Mr. Davidson. Mr. Carli asked why every business did not receive notices of the proposed conditional use. Ms. Sonnenberg stated that she was under the impression that the owners of the shopping plaza was to notify each store owner. All in favor. Mr. LeRoy opposed. Motion carried. The next item on the agenda was a public hearing to consider the conditional use for property to be used for a Class 3 License (sale of alcoholic beverages with food), that property located at 2964 Orlando Drive in a GC -2 zone. Mr. A.A. McClanahan, Jr., 106 S. Park Avenue, stated that they are located in the Zayre Plaza and have a 50's and 60's motif. They have received a large number of requests to have mixed drinks. Mr. McClanahan stated that there is another liquor establishment in the same plaza with consumption off premises. They have been issued a SR2 licenses, granted by the State. There has not been a lot of police attention, not a lot of disturbances and no D.U.I.'s. There is a major parking area so there will be no parking problems. Mr. McClanahan stated that they have 36,000 square feet with a dance floor and a seating capacity of 150 people. Believes the kitchen can accoamodate 200 people. Needs 51% of sales for food. They have been audited by the Police Department on sales of food, operating now at about 32% food vs. beer and wine. MINUTES Planning and Zoning Commission May 5, 1988 Page 4 Mr. Dennison moved to recommend approval. Seconded by Mr. Brooks. Opposed to the motion were Mr. LeRoy, Mr. Davidson, Mr. Keith and Mr. Carli. Motion carried. The next item on the agenda was the consideration of the conditional use for pro- perty to be used for a full service banking office, that property located at 2544 South Park Drive in a GC -2 zone. Owner: Bank of Central Florida; representative: Donald C. Rogers. Mr. Speer made motion to table due to lack of representation. Mr. Malone seconded. All in favor. Motion carried. The next item on the agenda was the consideration of the conditional use for pro- perty to be used for beer and wine consumption with food on premises, that property located at 1008 French Avenue in a GC -2 zone. Owner /representatives: Cocogero & Carmelo Baio. By a vote of eight to one, recc mr ended the approval of the request for the sale of alcoholic beverages with food only for consumption on premises, Class 5. Mr. Frank Lorenzo, 143 Garden Drive, Winter Springs, representative, stated that this was the old Carlos and beer and wine would be sold on a limited bases only with food. Mr. Carli moved on approval. Mr. Davidson seconded the motion. The next item on the agenda was the consideration of the site plan for Heafner Tire, a wholesale distribution office use located at 901 Codisco Way in a RI -1 zone. Owner: Heafner Tires and Products; representative: Robert E. McKee. Mr. Bob McKee, 1601 Airport Blvd., stated that there are no plans for outside storage and will sell only new tires. Dennis Pauley, Manager of Heafner Tires, stated that they sell 6 brands of tires, domestic and imported. Currently using pick -up trucks for delivery. Mr. Pauley stated that the vehicles are taken hoarse at night by the employees. Only the 1 -ton flat bed truck will be parked overnight. They will employ 8 people - 4 sales people, 2 warehouse people, 1 assistant manager and 1 manager. Eight parking spaces required, 10 provided. Mr. Malone moved on approval, subject to resolution of company overnight parking requirements. Seconded by Mr. Brooks. All in favor. Motion carried. Mrs. Sonnenberg stated that there had been letters sent to 12 automobile dealers along Highway 17 -92 asking them to remove the cars from the right-of-way. Mr. Carli asked that something be done about the Boat Works on Sanford Avenue and stated that the Commission approved a small addition for Dr. Bellhorn and he had read where the addition was costing $30,000. Mr. Malone asked about the car lot on Park Avenue, south of 25th Street as to whether it needed to be paved. Chairman Morris stated that the business must be closed for 6 months before we could require them to pave. Mr. Malone also stated that the lot behind the grocery store on the northeast side of Park Avenue need to be mowed. MINUTES Planning and Zoning Commission May 5, 1988 Page 5 Mr. LeRoy coffwnded the SIB for landscaping on 17 -92. The Commission requested Staff to acquire Police Chief recommendations on all alco- holic beverage requests. Meeting adjourned at 9:00 P.M. TO: City of Sanford Planning and Zoning Commission FROM: Jay R. Marder, City Planner DATE: April 29, 1988 X SUBJECT: Planning Recommendations For Meeting of May 5, 1988 Item No. 1: Ned N. Julian, Jr., Seminole County School Board Attorney - Request to rezone from MR -2, Multiple Family Reside ntial to GC -2, General Commercial for property located east of Orlando Drive /U.s. Highway 17 & 92. 1. Site is Zoned MR -2, Multiple Family Residential and appears to be vacant at the present time. 2. Site is adjacent to GC -2, General Commercial Zoning District which includes a shopping center and various automobile, truck and mobile home sales establishments. 3. Site appears to be located so that it will have frontage on the proposed Lake Mary Boulevard Extension between Orlando Drive /U.S. Highway 17 & 92 and Sanford Avenue. 4. Future Land Use Concept Map of Comprehensive Plait reflects a Community Commerce land use classification for site. site appears to be located outside a Resource Protection area on the Future Land Use Concept Map. In general, the request is consistent with the Comprehensive Plan. 5. Recommend approval of request to rezone to GC -2, General C'ommercial based on similar existing zoning already established in immediate area and existing and anticipated character of area. NOTE: This is the same recommendation submitted to Planning and Zoning Commission at its meeting of April 21, 1988 when the request was tabled by the Commission. Item No. 2: Terri L. Donnelly and Bryan S. Seigier - Request to rezone from SR -1AA, Single Family Residential to GC -2, General Commercial for property located on Lake Mary Boulevard between Art Lane and Hidden Lake Drive. 1. Site is Zoned SR -1AA, Single Family Residential, frD11tL3 ra;:.e Mary Boulevard and is basically vacant at the present time. The majority )f the southerly portion .)f site adjaceiFt to the Boulevard is a pond. As such, the site does not appear to evidence direct physical access to the Boulevard. AcecsS to the site appears to be from the north through a series of unimproved rights -of -way or easements. 1 2. Site is adjacent to RC -1, Restricted Commercial Zoning Districts to the west and east which include a convenience store with gasoline sales and other neighborhood commercial type uses. 3. Site is adjacent to A -1, Agricultural Zoning in unincorporated area which includes various two- family dwellings on sites of less than one acre. unincorporated area immediately south of site is Zoned R -1A, Residential and includes tennis courts and a private water plant. 4. Recommend that the request for GC -2, General commercial or another commercial zoning district be denied based on the site's existing orientation to and access through an established residential neighborhood. However, if physical access to Lake Mary Boulevard can be established and northerly vehicular access through residential streets is discontinued, recommendation would be for approval c.f RC -1, Restricted Commercial rather than GC -2, General Commercial based on the intent and purpose of similar zoning districts already established adjacent to site plus existing character of area at the present time. Item No. 3: Anita Reid - Request to rezone from MR -1, Multiple Family ResidEntia to RC -1, Restricted Commercial f. property I ocated on the west side of Sanford Avenue. 1. site is Zoned MR -1, Multiple Family Residential and includes a single family residence Fronting Sanford Avenue. Site includes approximately 6,552 square feet. 2. Site is adjacent to an RC -1 Zoning District that include: various single family residences. site is also adjacent to SR -1, Single Family Residential and PAR -1, Multiple Family Residential Zoning Districts which include various single family residences and a church. Question is one of policy regarding whether to expand strip commercial activities along Sanford Avenue in the immediate area. 4. Recommend denial of request to rezone to RC -1, Restricted Commercial in order to discourage the further proliferation of unplanned, strip commercial development along Sanford Avenue in the immediate area. Item No. 4: Hassan A. and Farideh H. Mokhberi - Request to rezone from SR -1A, Single Family Resi entia to GC -3, General Commercial for property located east of U.B. Higitway 1; & 92 south of Lake Minnie Drive. 1. Site is Zoned SR -1AA, Single Family Residential and appears to be a portion of premises being utilized for used automobile sales presently Zoned GC -2, General Commercial. Pursuant to prior consideration of a similar request involving this property regarding developability of the site, the application file for this request reflects engineering and environmental information attesting to the site's suitability for urban development. 3. Recommend approval of request to rezone to GC -2, General Commercial based on GC -2 Zoning District and uses already established in the immediate area plus information attesting to the site's ability to support the intended urban development activities. .Item No. 5: Stephen E. Sullivan - Request conditional use approval to permit on- premise consumption of alchoholic beverages in a GC -2, General Commercial Zone for property located in the northeast corner of Airport Boulevard and West 25th Street. . 1. Planning recommendations are not provided for this type of request. Item No. 6: Bank of Central Florida by Donald C. Rogers - Request conditions use approva to permit a bank in a GC -Z, General Commercial Zone for property located at the northeast corner of Park Drive and Elm Avenue. 1. Site is Zoned GC -2, general Commercial and includes an existing building that appears to be vacant at the present time. 2. Land uses adjacent to the site include a furnitu_e sales establishment, automotive repair, a dance studio and a travel trailer /mobile home park. 3. Recommend approval of the request to permit a bank based Dn proposed use's general compatibility with commercial uses already established in the immediate area. .Item Mo. 7: Horne Properties, Inc. by Stephen E. Sullivan - Request conditional use approval to permit on- premise consumption of alcoholic beverages with food in a GYC -2, General commercial Zone for property located on the east side of U.S. Highway 17 u 92. 1. Planning recommendations are not provided for tinis type _f request. 3 Item No. 8: Brenda Properties of New York - Request conditional use approval to permit sale of a choholic beverages with food in a GC -2, General Commercial Zone for property located at the Northwest corner of Airport Boulevard and U.S. Highway 17 & 92. 1. Planning recommendations are not provided for this type of request. ltem too. 9: Baio Cocogero and Carmelo F. - Request conditional use approval to permit sale of beer wine with food on premises in a GC -2, General Commercial Zone for property located on the West side of French Avenue between 10th Street and 11th] Street. 1. Planning recommendations are not provided for this type of . request. (pr5588) 4