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01.08.87MINUTES PLANNING AND ZONING COMMISSION January 8, 1987 7:00 P.M. Members Present: Members Absent: Others Present: John Morris, Chairman John LeRoy Gary L. Davidson Sheila Roberts Jay Malone Brent Carli Dr. Hortense Evans Lon Howell Eddie Keith Bettie Sonnenberg, Zoning & Arbor Inspector Bill Simmons, Director of Engineering & Planning Jay Marder, City Planner The meeting was called to order at 7:00 P.M. by the Chairman, John Morris. The first item on the agenda was to consider a rezone from MR -2 to PUD for Placid Lake Patio Homes, property located on Placid Lake Blvd., north of Airport Blvd. , west of Reservoir Lake and east of Old Lake Mary Road, represented by John Moseler. Mr. Moseler stated the overall Placid Lake Project plat will be recorded the first of March. The roads and utilities will be in to serve Tract "E ". For the open space requirement, they want to pay money in lieu to the City instead of dedicating land. Due to the 0 lot lines, they have agreed to extend the take back line for the effluent to the most southerly line of Tract "E ". Mr. Simmons stated he would like to get an overall committment on the take back. There is need to make a provision to put "x" number of gallons per day for the PUD. Mr. Mosler questioned if it would saturate the ground during the rainy season. Mr. Simmons said he could possibly store some of it. Mr. Moseler stated he would work with the Staff to meet the City's needs and his needs. Mr. Carli quoted from the zoning ordinance, page 1764, PUD, that it says to preserve the natural amenities of the land by encouraging scenic and functional open areas within residential areas. He stated ZOM owns part of Resevoir Lake, the City owns the park to the west of the property and the right -of -way, and if they are using the total 25 acres, where is the open area in the usable acreage? Mr. Morris stated that the PUD ordinance adheres to the point that the green areas are within the property inself. Mr. Moseler stated there are open areas on 3 sides of the development. Mr. Carli moved to deny the rezone request. Mrs. Roberts seconded. Mr. Carli stated he could come back with a creative PUD plan with open area. Mr. Morris said instead of denial, approve the rezone subject to meeting the open space requirement within the developed area. Mr. Carli stated he might not want to have it within the area. Mr. Morris said the recommendations can allow City Commission to examine advantages of having the open space within the developed area. Mr. Malone stated the PUD zoning does not have an alternative for cash. Mr. Morris said the City Commission has the policy to approve money in lieu. Mrs. Sonnenberg read from the Open Space Standards which stated money could be accepted in lieu of the land. Mr. Carli said there is nothing creative on the 156 houses with one next door to each other. Mr. Morris said when the site plan comes before the board the board has the right to lend guidance to where to put the open space. Mr. Simmons MINUTES - PLANNING AND ZONING COMMISSION - January 8, 1987 - 7:00 P.M. Page 2 --------------------------------------------------------------------------------------------- stated there has been a committment made for the overall waste water and he had heard discussion on the open space. Staff's recommendations to the Planning and Zoning Commission were to dedicate 1.6 acres of land. Those voting for denial were: Mr. Carli, Mr. Malone and Mrs. Roberts. Those voting against were: Mr. Davidson, Mr. LeRoy and Mr. Morris. The motion failed due to a tie. Mr. Mosler said he could come back, but it has the criteria and he thought it was what the City wanted. He could not find out about athe 1.63 acres from the Parks and Recreation Dept. before the meeting. Mr. Morris said the PUD allows the developer to use a little innovation in his design and his land use. The density is the same as the MR -2 zone, but there is a different way to use it. Instead of having streets and 156 units side by side there is an opportunity to have 156 units not in a row. He was asked to come back to show the board something pleasing to the eye and economically feasible. Mr. Moseler said he could put duplexes next to each other and it would be allowed. Mr. LeRoy said that is why there is PUD so as the expert, the developer can be creative. The board does not want to see houses in a straight line. Mr. Davidson moved to recommend approval subject to the resolution of open space requirement and sewer effluent take back with the open space being in developed area and not in cash. Mr. LeRoy seconded. Motion carried unanimous. The next item was to consider the request for a conditional use of an adult congregate living facility located at 129 W. Airport Blvd., in a RMOI zone, represented by John Spears. Mr. Spears stated they will be licensed with the State. There will be 12 people living in the house. HRS requires 60 sq. ft. per person, and the house has 2500 sq. ft. living area. After the conditional use is approved, they will have to come back through site plan approval. Mr. Malone moved to approve the conditional use. Mrs. Roberts seconded. Motion carried. The next item was to consider the request for a conditional use of mini - warehouses in a GC -2 zone located at 3865 Orlando Dr, represented by Polly Hutchins. Mrs. Hutchins stated they will not burn on the land when they clear it, they would like to haul it away. Present to speak in opposition were: Harold Scott, Nelson Fernandez, Edward Dedelow, Rick Dunn and Ernie Janvrin. Their concerns were noise, safety of children due to the traffic problem that exists now, the appearance of the buildings, the landscaping, the lights and recreational vehicles placed for sale on the premises. Mrs. Hutchins said she understands the concerns. She said there would be a block wall, high landscaping, access from 17 -92 only, low noise and high security. No one could not ask for a quieter use. Mr. Carli asked where under a GC -2 zone does it fall under a conditional use. Mrs. Sonnenberg informed him it was under the RI -1 zoning. He stated technically it is a permitted use in a GC- 2.zone since it is a retail service. Mr. Carli moved to approve the permitted use. Mr. Davidson seconded. Mr. Morris said to pursue the point at a workshop meeting when discussing the zoning ordiances. Mr. Carli withdrew his motion -and Mr. Davidson withdrew his second. Mr. Carli moved that the applicant need not be here because it is already an approved permitted use. The motion died due to lack of second. Mr. Simmons stated he was not sure what the City Attorney would say about mini - warehouses. He would suggest to refer to the City Attorney for interpetation. MINUTES - PLANNING AND ZONING COMMISSION- January 8, 1987 - 7:00 P.M. Page 3 ---------------------------------------------------------------------------------------------- If it is approved under the conditional use of RI -1, would have a clear situation, but if you moved forward as a permitted use without advice or council, you might accomplish nothing. Mr. Marder stated warehouses are not considered retail service. Mr. Morris said to follow the existing codes and approve it and go back at a future point and examine the codes in detail with the idea in mind to straighten out the language of the codes. Mr. Malone said according to the definition of warehouses in the zoning book, it is retail. Mr. LeRoy said the board turned down the zoning once before. Need to approve it with restrictions on it to allow the fence to higher, change the light location, and more compatible landscaping. Mr. Morris said that would be handled at site plan review. Mr. Davdison moved to approve the conditional use. Mrs. Roberts seconded. The motion failed due to a 2 to 4 vote. Those voting for: Mr. Davidson and Mr. Morris. Those voting against: Mr. Malone, Mr. Carli, Mrs. Roberts and Mr. LeRoy. Mr. Carli said there is no definition that comes close to a mini- warehouses. Mr. Carli moved to approve the request as a permitted use in a GC -2 zone. Mr. Davidson seconded. Mr. Malone said the board should ask for clarification from the City Attorney and go with the recommendation of the City Attorney. Mr. Malone moved to table for time certain for response from the City Attorney as a permitted use or a conditional use. Mrs. Roberts seconded. Motion to table was carried over the dissenting vote of Mr. Carli. The next item was to consider the modified site plan for Shoney's Restaurant, located at 3200 Orlando Drive in a GC -2 zone, represented by Wes Blount. The site plan is coming back because the terms of the franchise requires the minimum of 70 parking spaces. A letter was submitted stating the restaurant needs the 70 parking spaces. Mr. Morris stated when the board tabled the site plan, the board deleted parking spaces to the south to save trees. Mr. Blount, acting in capacity for the applicant, did not see any problems with that. However, the franchisor of Shoney's apparantley have requirements in their franchise agreement based on their market research, will not approve a franchise with less than the "x" number of parking spaces. They have come back to bring the parking back up which is an access of our requirement, but at the same time would damage some trees that are there now. Mr. Blount said the additional building is not requested and needs all the parking spaces for the restaurant. The cross easement documents are in the process. Mr. Carli said that Shoney's is an asset to the City, but suggested to find another piece of land in the City. Mr. Carli stated he was in opposition because the parking would destroy the scenic part of the natural area and they are not doing anything to preserve it. Mr. Rose, Real Estate Agent Rep. for Shoney's stated that Shoney's is the most well ran restaurant with 1,000 people a day. They need the spaces to run the restaurant. They would have to take the trees down, but would put back the trees. They will add half a dozen starter oaks. The parking needs to be in close proximity. Mr. Malone stated the 13 spaces the board wanted to omit was on the south end, futherst most point from the restaurant. Mr. Rose said the traffic going north on 17 -92 will have to go through the Cavalier lot. They will be approaching those 13 spaces first. Mr. Morris said the board has to choose to allow or lower the standards as far as landscaping and foilage. Mr. Carli said there will be a traffic flow problem. Mr. Carli moved to deny the site plan. Mr. Malone seconded. The reason of denial was the parking spaces and the traffic flow. The motion carried unanimously. Mrs. Sonnenberg informed the board that Handy Way on Airport Blvd. is putting in the irrigation system and will be putting in the landscaping. Mr. Carli has been informed by someone that the water and sewer lines were together and the rear setback was too close at Sanford Town Square. Mrs. Sonnenberg informed him there is a 39 ft. setback and the utilities are correct. She also said the trees have maintained their root structure and they will be starting on the wall soon. Mr. Morris advised he used his executive prerogative to not have the advertisements for the public hearings for the first 3 requests. He considered the advertisements in the papers and the posting of the property (if required) was adequate. MINUTES - PLANNING AND ZONING COMMISSION - January 8, 1987 - 7:00 P.M. Page 4 -------------------------------------------------------------------------------------------- The Minutes of the December 18th meeting were approved as modified by stating the over- - head doors at the MPO Meat Market at 2397 French Avenue are not to used for deliveries. There being no further business, the meeting was adjourned. Morris, Chairman