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08.04.88MINUTES PLANNING AND ZONING COMISSION Meeting of August 4, 1988 7:00 P.M. City Carmiission Chambers Members Present: Jay Malone Joe Dennison Brent Carli Tommy Speer John LeRoy John Morris Gary Davidson Members Absent Eddie Keith Leon Brooks Others Present: Jay Marder, City Planner Marion Anderson, Recording Secretary Wayne Mize, Evening Herald 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 SR -lAA to RMOI for the purpose of a medical building, that property located as Lots 5 -6 and 7, Block 7, Mayfair, conrer of Mellonville and 4th Street. Owner: Timothy J. Bach; representative: Carl E. Bach. Mr. Carl Bach, 868 Lake Sterling Court, Casselberry, stated that they were proposing to put a medical building on said lots 5, 6, and 7 because under the present zoning the required size of residential would be 1500 square feet, a two car garage would add another 400 square feet and 100 feet for the laundry room. It would cost approximately $100,000 for construction of the house. Did not feel that this particular piece of property would warrant a $100,000 house. Ingress /egress would be on 4th Street. Mr. Bach said that they do not have anyone at present to rent this building. If rezoning is granted, Mr. Bach requested that it be stipulated that it is to be used for medical purposes only and if not, it would revert back to present zoning. There will be three offices in the proposed medical center. Proposing a 3,240 square foot building. There was no one else present to speak for the proposed rezoning. Approximately 50 people in the audience were in opposition. Mr. George Krieger of 121 Summerlin Avenue stated that there are three or four new houses recently built in the area that are well over the $100,000 range. This area should stay residential. Mr. Krieger objected to any commercial venture on the east side of Mellonville. A letter from, Dr. Huaman was submitted for the record objecting to the proposed rezoning. Dr. Vincent Roberts, 1601 Seminole Boulevard stated that he would like to see the neighborhood remain residen- tial. Ms. Rebecca Landry, Ms. Ann Hayes, and Mr. Bill Kirk all stated that they would like to see the neighborhood stay the way it is. They are definitely in opposition to the proposed rezoning. MINUTES Planning and Zoning Commission Meeting of August 4, 1988 Pate 2 Mr. Malone made motion to deny the proposed rezoning. The Board seconded. Mr. Morris extended an invitation to Mr. Bach to join the camtunity with a residence. All in favor. Motion carried. The next item on the agenda was a public hearing to consider the conditional use for property to be used for an auto service center (tire store, muffler shop, transmission shop, parts store, window tinting, air conditioning, etc) that property located as the south side of Highway 46, West of Kennel Road in a GC -2 zone. Owner: Dwayne Cline & Sam Gabbai; representative: Sam Gabbai. Mr. Sam Gabbai, 112 Sweetwater Hills Drive, Longwood, stated that operations would involve whatever has to do with auto repair. The second floor would be a waiting area. There will be no salvage stored and no repair of wrecked vehicles. Hours of operation will be from 8:00 to 5:00, 6 days per week. There will be no selling of any cars. Mr. Malone asked Mr. Gabbai if Staff had talked to him relative to the setbacks with no outdoor display of new or used merchandise, and all business to be conducted indoors, with a minimum setback of 75 -feet. Mr. Gabbai stated that this was all agreeable with him. Mr. Dennis Stewart, 2834 Grove Drive, present to speak in opposition, stated that he was representing the New Life Assembly Church and that they own the adjoining 12+ acres. Mr. Stewart stated that the Church does not feel that this type of business is conducive to or aesthetically compatible with the church. Mr. Stewart asked, if the conditional use is approved, that no outdoor display or storage of new or used merchan- dise or vehicles; all uses to be conducted indoors; and that a mininnn front yard building setback of 35 -feet; also a 6 -foot block or solid wood fence around the pro- perty from the rear building line of the frontmost structure and that rear structural wall of all buildings be concrete block so the sound does not interfere with ongoing activities that are already there, and that the retention areas lie east and south of the development to provide a buffer area and lie within the fencing. Mr. Stewart asked the Commission to deny the conditional use. Mr. Morris moved on approval of the conditional use without auto sales plus Staff's three recommendations. Mr. Speer seconded. Mr. Malone stated that our Comprehensive Plan include 46 as caning into the City as a major thoroughfare for downtown Sanford. We denied it the first time. Mr. Malone asked that the Commission remember how they voted and why they voted the first time. Mr. Speer, Mr. Dennison and Mr. Morris in favor of the motion. Mr. LeRoy, Mr. Davidson, Mr. Malone, Chairman Carli in opposi- tion to the motion. Motion denied. Mr. Malone made motion to deny the conditional. use. Seconded by Mr. Davidson. Mr. Morris stated that we go back to a man's right to use his property as he deems fit considerating the regulations imposed upon him by the community. With the conditions on the conditional use, Mr. Morris feels that it would be restrictive upon the property owner not to be able to use it. Under GC -2 zoning he could put other things that could be more detrimental than what he has proposed. He has a well landscaped, well maintained type business that he has brought before us. Mr. Speer agreed with Mr. Morris' comnents. Mr. Malone, Mr. Davidson, Mr. LeRoy, Chairman Carli in favor of the motion. Mr. Morris, Mr. Speer, Mr. Dennison in opposi- tion to the motion. Motion carried. MINUTES Planning and Zoning Carmission Meeting of August 4, 1988 Page 3 The next item on the agenda was.a public hearing to consider the conditional use for property to be used for a church, that property located at 1509 West 13th Street in a GC -2 zone. Owner: Dewey Smith; representative: Minister Mary Smith. Ms. Smith stated that she has lived in Sanford all of her life. She has ministered at the Detention Center for approximately 4 years. She feels that the boys and girls need a place to come where they can be taught the word of God, showing love. Ms. Smith plans to have a regular church, focusing on all people. Walk -ins mostly. on the west side of the building, there is roan for parking. Ms. Smith stated that she has the funds available to bring the building up to code. Ms. Alfreda Wallace, 904 W. 13th Street, spoke in favor of the conditional use. She stated that we should have a place in the area of 13th Street, dealing with our children in keeping them off the street. Mr. C. B. Franklin, 1014 Pecan Avenue, stated that he was not against the church but wanted to know that if the church is allowed that he would be able to use his property in close proximity for whatever he chose. Chairman Carli stated that his type of license even cemes into a church being close by. Mr. Morris moved on approval. Seconded by Mr. LeRoy and Mr. Dennison. Mr. Malone stated that they would need to carne back for site plan approval. All in favor. Motion carried. The next item on the agenda was a public hearing to consider the conditional use for property to be used as 1150 square foot home in lieu of 1300 square feet, that property located at 1918 Palmetto Avenue in a SR -lA zone. Owner: Douglas Stenstron, Guardian of Viola Shippy; representative: David A. Stump. Mr. David Stump, 2559 Park Drive, stated that basically what they are trying to do is save the environment and build a nice house at the same time. The 1150 s quar e foot floor plan fits very well on this small lot. There are tremendous oaks on the pro- perty. Trying to put a shotgun designed house on this lot to fit in between score of these trees without destroying the value of the trees. The house will be between $58,000 and $61,000. There will be a single car garage with 28 feet in front with 12 to 13 feet on each side. The lot is 50'x133'. Garage to come in from the alley. Ms. Carolyn Blackman, 1920 Palmetto Avenue, spoke in opposition to the proposed con- ditional use. She stated that this is a partial lot which originally belong to her home. This piece of land was Mr. Shippy's garden. If allowed to build this home it will depreciate the value of her hoarse. Mr. Joe Ragin, 1900 Palmetto Avenue, spoke in opposition to the proposed conditional use stating that the house will not be suitable for the neighborhood. It will devalue hares in that area. By building this hone it will upset the root system of the trees. MINUTES Planning and Zoning Connission Meeting of August 4, 1988 Page 4 Mr. David Std stated that since there is so much opposition he will withdraw his motion for an 1150 square foot and build a 1300 square foot home. Mr. Stump walked out of the meeting. Mr. Jim Lee, 1901 Magnolia Avenue, entered a letter of opposition from Mr. Hinckley. Laura Hinckley and Steve Stewart spoke in opposition to the proposed conditional use. Mr. Davidson moved on denial of the proposed conditional use. Mr. Dennison seconded. All in favor. Motion carried. The next item on the agenda was the consideration of the site plan for MCI' Truck, tabled 7/21/88, a freight transportation use located 1600 Airport Blvd. in a MI -2 zone. Owner: Midwest Coast Transport, Inc.; representative: James Hunter. Mr. Morris made motion to remove from table. Mr. Dennison seconded. All in favor. Motion carried. Mr. Ray Walker, Manager of Midwest Transport, stated that all recommendations by Staff has been reviewed and noted. Mr. Morris made motion to approve subject final approval by Engineering. Mr. Marder stated that the Arbor Inspector recommended that trees be removed in areas of paving, building retention and to locate the cabbage palms in the entrance way and retain within the landscaped areas. All in favor. Motion carried. The next item on the agenda was the consideration of the site plan for an addition to Aristocrat Motor Car {tabled 7/21/88 }, an automobile and truck, sales, repair and ser- vice use, located at 4175 Orlando Drive in a GC -2 zone. Owner: Larry & Bdelgard Bishop; representative: Pelle Lindquist. Mr. Davidson made motion to remove from table. Seconded by Mr. LeRoy. All in favor. Motion carried. Mr. Lindquist, 501 Oakland Blvd., Lake Mary, stated that basically what they want to do is add a carport all the way around the existing building so the mechanics can have shade. Mr. Morris moved on approval. Mr. Dennison seconded. Mr. Davidson opposed. Motion carried. The next item on the agenda was the consideration of the site plan for the Bank of Central Florida, a finance function located at 2544 Park Drive in a GC -2 zone. Owner: Bank of Central Florida; representative: Robert G. Hancock. Mr. Hancock, 103 Cosmoore Circle, stated that they will remove 1000 square feet, south portion wing, and remove the carport. They have added extensive landscaping. The drive -in structure will be on the north side coming in off of Park and exit onto Elm. There will be signage added directing traffic. There are 3 drive -thru lanes that are 9 -feet each. Mr. Morris stated that this site plan is not ready to be presented to this Board, there are so many questions and obvious discrepancies. Mr. Morris made motion to table the site plan until codes could be reviewed and to see what is necessary. Mr. LeRoy seconded. All in favor. Motion carried. MINUTES Planning and Zoning Commission Meeting of August 4, 1988 Page 5 The next item on the agenda was the discussion on the relocation of non - conforming structures on a non -conforming use, a junkyard use for property located at 2734 Orlando Drive in a GC -2 zone for Ratliff Used Auto Parts. Owner: Thomas Ratliff, Jr.; repre- sentative: James A. Seaman. Mr. Seaman stated building "1" is actually two buildings; building "2" is an apartment type building that is two- story; building "3" is a shack; and building "4" is a shed. would like to take down buildings 1, 2, 3, and 4 and would like to ;Hove back 56 -feet and rebuild two buildings. Next year, may be build a third building. Right now there is a 26 -foot set -back for the main building. would like to build a 110'x130' concrete block building and a 50'x100' building next to that. Mr. Seaman stated that he is running automobile recycling not a junkyard. He would like to have sane parking out front. Mr. Malone asked if he would be receptive to running a fence down about 35' in and using behind that fencing for parking and having a entrance on one end and giving a 20 -foot green area out to the street. Mr. Seaman stated that he would rather not have a fence in front of the building because he would like about half of the 110'x130' as a showrooms. Mr. Malone suggested that he have the south end as a showroom visible from the highway and the northern part of it and the 50'x100' building blocked off. Mr. Seaman stated that he would really rather not have a fence in front of the building if he could help it. Mr. Seaman stated that the 110'x130' building would be a retail building with office and service; the 50'x100' building will be auto repair. The 30'x60' structure will remain. Mr. Marder stated that engineering will have to be involved. Mr. Morris asked Mr. Seaman if under the new structures will he have any new business that he doesn't have now, other than the showroom. Mr. Seaman indicated no. Mr. Morris stated that he has structures that are non - conforming and a nonconforming use. If you conform the structures the use can remain. Chairman Carli stated that no such structures can be moved for any reason or any distance whatever, it shall thereafter conform to regulations for the district in which it is located. The 110'x130' building must conform to all regulations in a GC -2 zone. The 50'x100' building will be auto repair and it is a conditional use in a GC -2 zone. The 30'x60' structure is a non - conforming use. The 100'x100' building for warehouse is an acceptable use. Where you have the non - conforming use is the salvage operation and that is all taking place in the 30'x60' building. Mr. Carli pointed out to Mr. Seaman that on his drawing he has a line drawn from the 110'x130' building that attaches to the 30'x60' building which is non -conforming, and that he may need a breezeway in there so it won't be construed as enlarging the non - conforming structure. Unanimously, the Board was in favor of Mr. Seaman building new buildings. Mr. Seaman is to cane back with a conceptual plan. Mr. LeRoy asked about the new car lot by the optical place. Mr. Carli stated that he has an occupational license from Seminole County because that building is in Seminole County. The parking is in the City. Staff is to check and see what else can be done. MINUTES Planning and Zoning Commission Meeting of August 4, 1988 Page 6 Mr. Malone stated that at the last meeting he brought up the City owned property at the southeast corner of 2nd St. and Oak and was told that it would be mowed. It has not been mowed. Mr. Simmons' conments were that the City owned the innermost third of that corner and the other belong to someone else. It will be in front of code enforcement next Tuesday night for being overgrown. Mr. Malone stated that he would hate to have the City have their portion overgrown. The property on the west side of Park Avenue between 5th and 4th on which a parking lot was suppose to be put in there by the church is a disgrace and an eyesore for Park Avenue, and he would like code enforcement to look into it. Several houses have been demolised and change of use from a residence to a parking lot should have been addressed. Staff to check and see if this is being used on the weekends and see whether it is necessary to come before Planning and Zoning for a change of use. Mr. Malone stated that on 17 -92 the Chevrolet dealership is parking the cars on the grass. Mr. Carli stated that it is a code enforcement problem and code enforcement is trying to alleviate or correct the problem. Mr. Marder stated that Sanford Gould's site plan, regarding the use on Sanford Avenue, is acceptable. Mr. Morris made motion to approve the workshop minutes of July 7, 1988. Mr. Davidson seconded. All in favor. Motion carried. Mr. Davidson made motion to approve the minutes for the meeting of July 7, 1988. Mr. Morris seconded. All in favor. Motion carried. Meeting adjourned at 9:30 P.M. " :F% . - " . k-s Brent Carli, Chairman TO: City of Sanford Planning and Zoning Commission FROM: Jay R. Marder, City Planner DATE: July 28, 1988 SUBJECT: Planning Recommendations For Meeting of August 4, 1988 TIMOTHY J. BACH - Request to rezone from SR -1AA, Single Family Residential to RMOI, Multiple Family, office and Institutional for property located at the northeast corner of East 4th Street and Mellonville Avenue. I. The site includes three contiguous and vacant lots located at the northeast corner of East 4th Street and Mellonville Avenue. 2. The site and surrounding area east of Mellonville Avenue are Zoned SR -1AA, Single Family Residential including various single family residences. 3. site is adjacent to RMOI Zone which includes various offices across from site on west side of Mellonville Avenue. 4. Recommend that the request to rezone to RMOI, Multiple Family, office and Institutional be denied based on the existing single family residential character of the area east of Mellonville Avenue already established in the immediate area of site. DUANE KLEIN AND SAM GABBAI - Request for conditional use approval-to permit an automotive service center in GC -2, General Commercial Zone located on the south side of west state Road 46. 1. Site is Zoned GC -2, General Commercial, fronts West State Road 46 /west 1st Street and appears to include roadside fruit and vegetable sales and outdoor display of used merchandise. 2. Site includes approximately 2.585 acres with a tract depth that varies between 304 and 265 feet from the right -of -way and a tract width that varies between 395 and 397 feet. west 1st Street 397' 395' PLANNING RECOMMENDATIONS FOR MEETING OF AUGUST 4, 1988, c:ont'd Page 2 3. Site is adjacent to a church Zoned AD, agricultural which includes a church and a building materials establishment located in a commercial Zone in unincorporated area. Various vacant parcels are located in vicinity of site. 4. Recommend that request for conditional use approval to Permit all automotive service center be approved based on site's relationship to a major highway and existing characteristics of the area at the present time subject to the following conditions: 1, No outdoor display or storage of new or used merchandise or vehicles. 2. All used to be conducted indoors. 3. Minimum front yard building setback of seventy five (75) feet. MINISTER MARY W. SMITH AND DEWY SMITH - Request conditional use approval to permit a church in a GC -2, General commercial Zone located on the south side of West 13th street. 1. site is Zoned GC -2, General Commercial, is located on the south side of West 13th Street and appears to include an existing building at the present time. 2. A church and various commercial uses are located in vicinity of site along West 13th street. 3. various single family residences are located south of side in area Zoned GC -2, General Commercial and MR -1, Multiple Family Residential. 4. Recommend that request for conditional use approval to permit a church in a GC -2 Zone be approved based on similar uses already established in vicinity of site and existing character of area at the present time. DOUGLAS STENSTROM - Request for conditional use approval to permit a 1,1501 square foot residence instead of a 1,300 square foot residence in an SR -1A, Single Family Residential Zoning District located on the west side of Palmetto Avenue. 1. Request does not effect use, density or compatibility and as such, no recommendation is provided.