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08.20.87MINUTES Planning and Zoning Commission Meeting of August 20, 1987 7:00 P.M. Members Present Eddie Keith Tommy Speer John Morris Jay Malone Gary Davidson Joe Dennison Brent Carli John LeRoy Members Absent Sheila Roberts Others Present Bettie Sonnenberg, Zoning Jay Marder, City Planner Bill Simmons, Director of and Arbor Inspector Engineering and Planning The meeting was called to order at 7:00 P.M. by Chairman Morris. The first item on the agenda was the consideration of a request to rezone from AD to GC -2 and from SR -lA to AD for the purpose of retail comnercial and office, that pro- perty located east of U.S. 17 -92; south of Aristocrat Motors; north of Flea World. Owners: Arthur E. Grindle and Phyllis A. Grindle, Trustees; representative: Roger D. Neiswender. Mr. Roger Neiswender of 180 Orange Avenue, Sanford, Florida stated that the parcel of land is approximately 19 acres located on the east side of 17 -92, south of Aristocrat and north of Flea World; the back portion of the property abuts the undeveloped portion of Sunland Estates. Mr. Neiswender stated that they are requesting, essentially, a clean -up of the zoning. Mr. Neiswender stated that they hope to take the 19 acres, of which, slightly over 8 acres is developable, make upland property GC -2 zoning and the lowland agricultural. Mr. Neiswender said that they hope to recognize the commercial nature of the property and to make zoning consistent with actual use considering the conservation area for the lowland portion of the property. Mr. Carli asked how strong was he about the conservation area and only utilizing approximately 8 acres. Mr. Neiswender stated that a plat is being prepared now and has only been submitted on a staff level. A line has been described and that line has been confirmed by the Department of Environmental Regulation, Water Management District and other agencies. The Water Management District found that lowland area to be jurisdic- tional, in essence, there is nothing that could be done with the lowland regardless of what might be the intentions of the developer. Mr. Neiswender also stated that the plat that has been prepared has nine lots all on the upland with the drainage facili- ties contained on the upland. MINUTES - PLANNING AND ZONING COMMISSION - AUGUST 20, 1987 7:00 P.M. Page 2 There was no one else present to speak in behalf or in opposition to the proposed rezoning. Mr. Carli moved on the approval to rezone with the condition that a plat will be coming forth to reaffirm the usage of approximately 8 acres. Seconded by Mr. Keith. All in favor. Motion carried. The next item on the agenda was the consideration of a request to rezone from SR -1 to RC -1 for the purpose of a day care center, that property located at 700 Elm Avenue. Owner: First Shiloh Missionary Baptist Church; representative: Rev. H.D. Rucker. Harry Rucker, Pastor, stated that they would like to provide a day care facility for the members and under the present zoning they are not allowed to do this. Rev. Rucker stated that the members of the church are spending a lot of money in private day care facilities and they would like to open this up so as to more money could be used in the homes because of single mothers. There will be 30 to 40 children at the day care center. Mr. Malone asked the Chairman if a site plan is required or if it is within the con- fines of the church. Chairman Morris said that he believes since it is a commercial venture a site plan would be required. Mr. Carli asked if our guidelines would effect them from operating in a SR -1 zone because religion and state are separated under the constitution. Chairman Morris stated that we still have the duty of protecting the health, safety and welfare of the community. Mr. Carli stated that he felt they would be doing the neighborhood an injustice for allowing a coamercial venture because that may open up many markets. Mr. Simmons recnded that the public hearing be conducted and table the decision until an interpretation from the City Attorney could be obtained as to whether or not a rezoning is required. Rev. Rucker stated that there will be children from 8 weeks to 4 years old. There are separate restroam facilities with the cooking facilities located in the Fellowship Hall. There was no one else present to speak in behalf of the proposed rezoning. Present to speak in opposition was Mr. Garfield Walker. He stated that he has six rental units in the area. Mr. Walker said the streets are not capable of handling too much traffic. Mr. Leo Fitzpatrick of 1101 Elm Avenue spoke in opposition to the proposed rezoning. He stated that he did not want an opening for anyone else to take advantage of the zoning change. He does not want any more traffic on Elm Avenue. At this point, Staff entered into record that they had received 15 signed letters of surrounding neighbors in opposition to the requested rezoning. Mr. Leo Salvail of 2522 Willow Avenue, owner of 719 Laurel Avenue asked why it was being proposed to restricted industrial. Chair -man Morris stated that it should be restricted commercial. Staff stated that the advertisement read restricted industrial. Mr. Carli moved on a continuance of the public hearing so that the requested rezoning could be properly advertised and a legal opinion could be obtained. Seconded by Mr. Davidson. All in favor. Motion carried. MINUTES - PLANNING AND ZONING COMMISSION - AUGUST 20, 1987 - 7:00 P.M. Page 3 The next item on the agenda was the continuance of the public hearing tabled August 6th to consider a request for a conditional use in a GC -2 zone, that property located at 1509 West 13th Street, for the purpose of the sale of alcoholic beverages for consump- tion on premises. Owner: Dewey and Edna Smith. Chairman Morris entertained a motion to remove it from the table. So moved by Mr. Carli, seconded by Mr. Malone. All in favor. Notion carried. Mr. Malone asked what type of food would be served because the information given to the Chief of Police was that this would be primarily a restaurant. Mr. Smith stated full course dinners with hours to be from 12:00 to 12:00. The serving of alcoholic bever- ages would be completely incidental to serving of food. Mr. Carli asked how many seats. Mr. Smith said anywhere from 100 to 200 with 2/3 of the space being utilized for dining area. Eventually may have a band and dance areas. Mr. Smith stated that he owns Smith's Bedding and Furniture on Sanford Avenue. Mr. Malone stated that we have a motion on the floor to deny. In opposition to the motion to deny was Mr. Carli, Mr. Dennison, Mr. Speer and Chairman Morris. The motion failed. Mr. Malone stated that at the last meeting one of the things that was brought up was that likely there was no parking whatsoever for this type of establishment. Mr. Malone made motion to deny the requested conditional use. Seconded by Mr. Davidson. In opposition was Mr. Dennison, Mr. Speer, and Chairman Morris. Motion to deny carried. The next item on the agenda was the continuance of the public hearing tabled August 6th to consider a request for a conditional use in a GC -2 zone, that property located at 1538 South French Avenue, for the purpose of the sale of alcoholic beverages for con- sumption on premises. Owner: Sanford Center Associates, Inc.; representative: Leonard Willis. The Chairman entertained a motion to remove from table. So moved by Mr. Davidson. Seconded by Mr. Keith. All in favor. Notion carried. The representative stated that the store will seat 40 with hours from 11 to 9, six days per week. They may open on Sunday. They will only sell beer and wine. Mr. Malone made motion to approve. Seconded by Mr. Davidson. In opposition were Mr. Carli and Mr. LeRoy. Notion carried. The next item on the agenda was the consideration of a request for a conditional use in a GC -2 zone, that property located as Lot 6, Laurel Avenue, for the purpose of a single family dwelling. Owner: Steven L. and Jere L. Grier; representative: Mr. Arnold J. Sumal. Mr. Sumal stated that although this particular piece of property is zoned com- mercial, as far as he could see 80% of the surrounding property are single family hones. Mr. Carli asked in building the new hone would he still be able to enjoy the oak tree that's in the rear of the property. Mr. Sumal stated that he has no inten- tions of ever taking this tree down. There was no one else present to speak in favor of or in opposition to the conditional use. Mr. Carli made motion to approve the conditional use conditioned upon "The Tree" not be removed or disturbed during construction. Seconded by Mr. Davidson. Mr. LeRoy requested a site plan be presented to the Commission so that the house would have to be levelled in order to make it commercial again. Mr. Carli stated that he would like to see a plan with drainage at worksession. All in favor. Notion carried. MINUTES - PLANNING AND ZONING COMMISSION - AUGUST 20, 1987 - 7:00 P.M. Page 4 The next item on the agenda was the consideration of a request for a conditional use in a GC -2 zone, that property located at 1208 Elm Avenue for the purpose of resale or who- lesale of new or used auto sales and service. Owner: Claude Wallace; representative: Joe Harvey. There was no one present to speak on behalf of the proposed conditional use. Present to speak in opposition was Ms. Kathy Hamner of 1205 South Elm Avenue. She stated that she lives across the street, there is a lot of noise, she finds gar- bage in her yard from people turning around in her yard. She stated that it would decrease her property value. There was no one else present to speak in opposition to the proposed conditional use. Mr. Malone made motion to deny the requested conditional use. Mr. Davidson seconded. All in favor. Motion carried. The next item on the agenda was the consideration of a site plan for the Christian Fellowship Primitive Baptist Church located in a MR -2 zone at 1701 Bell Avenue. Owner: Christian Fellowship Primitive Baptist Church; representative: Mr. John Hall. Mrs. Sonnenberg stated that staff recommendations on this site plan are that a revised parking layout be submitted to save existing trees including a revised drainage plan with correct elevations, the trees to be field marked before removal, interior lighting be directed so as not to disturb the residential areas and a skimmer to be provided on overflow drain. Mr. Carli moved on the approval of the site plan as amended. Mr. Keith seconded. All in favor. Motion carried. The next item on the agenda was the consideration of a site plan for a car wash for Louis Savard located at 2418 French Avenue in a GC -2 zone. Owner: Louis Savard; representative: Kim Townsend. Mr. Carli made note of the 15 people in the area wanting no ingress /egress on Maple Avenue. They wanted large shrubs blocking the residential from the commercial and the Board had guaranteed them that this would be adhered to. There was a large discussion about drainage. Mr Townsend stated that they are proposing a 6 -foot high sight proof fence and are providing drainage that covers the area immediately south of the property and enough drainage is provided to handle their requirements as well. Mr. Simmons stated that although they are retaining the first 1 -inch which is the City's require- ment, that does not necessarily serve as a solution to drainge problems such as encoun- tered in this area. Mr. Simmons stated that he does not believe that it exacerbates the problem. Mr. Townsend stated that, in his humble opinion, he believes it will help the situation and not hurt the area. Chairman Morris asked if the entrance off Maple Avenue is necessary. Mr. Townsend replied that what they are attempting to do is work with the City in eliminating some of the conjestion on 17 -92. Mr. Simmons stated that the queue for going through the car wash is located between the car wash and the covered area in manner such that under normal operation, you would just about have to enter from the French Avenue side to get into the queue and then do a u -turn and exit the building. This whole queueing opera- tion will tend to make the Maple Avenue point of ingress /egress secondary. Mr. LeRoy asked of what the 6 -foot high fence was comprised. Mr. Townsend stated wood fence. Mr. LeRoy said he would like to see something other than a wood fence. Mr. Townsend stated that they are trying to provide a colonial appearance to all the struc- tures and the wooden fence would be maintained to a high degree. Chairman Morris asked MINUTES - PLANNING AND ZONING COMMISSION - AUGUST 20, 1987 - 7:00 P.M. Page 5 if there would be a problem with changing the wood fence to block or something of a more permanent nature. Mr. Townsend said no if it is in keeping with the same decor as the rest of the building. Mr. Speer stated that the 6 -foot high fence is a little much, that 4 -foot is sufficient. Mr. Townsend stated that a representative of the car wash had talked to most of the neighbors in the area and they have no problems with the 6 -foot wooden fence. Mr. Carli asked if the calculations for drainage contained Stewart's and Otto's. Mr. Simmons said that note indicates Otto's and Stewart's, the total area of their line property, gives the runoff. Chairman Morris asked if staff is comfortable with the drainage. Mr. Simmons said yes, there will be some help to others as to the existing problems in the area. After a lengthy discussion regarding the drainage problems on the site and the adjacent properties, Mr. Malone made motion to approve the request with the elimination of egress /ingress on Maple Avenue and to change the fence frown wood to brick veneer, block, stucco or sane type of permanent construction. Mr. Davidson seconded the motion. 7 in favor, Mr. Speer in opposition. Motion carried. The next item on the agenda was the consideration of a site plan for an office /warehouse development, Phase 2, for Southern Central Steel, located at 100 Albirght Road in a MI -2 zone. Owner: Jerry T. McLain; representative: Kim Townsend. Mrs. Sonnenberg stated that the building use may require it to be sprinkled, develop- ment fees may be due and any trees over 6 in diameter will need a permit to be removed. Mr. Townsend stated that the asphalt parking area to the east is to acccn- modate the tractor - trailers. The tractor - trailers will block the southern entrance temporarily. Mr. Keith made motion to approve. Seconded by Mr. Carli. Mr. Townsend stated that there is two 24 -foot entrances to the paved area and if the first loading area is occupied people could still cane in the first exit that they would come to. 7 in favor. Mr. Davidson opposed. Motion carried. On the addition to the agenda was the consideration of the request for approval of a delivery /loading area for C & A Distribution, a bakery goods distributor, located at 212 West 1st Street in a GC -2 zone. Owner: Carl Napolitano Representative: Walter Jensen Mr. Jensen stated that the trucks are provided by Frito Lay, bakery products are bread, rolls, and bakery goods for Winn Dixie. Chairman Morris asked about the streetscape plans. Mr. Simmons stated that there are no plans at this time to extend the streetscape. After much discussion relative to traffic flow off lst Street, Mr. Carli made motion to approve with the condition that the tractor- trailer used to bring the product to the warehouse use Fulton and Myrtle Avenue only and have no access to 1st Street. Mr.'Keith seconded. All in favor. Motion carried. Mr. Carli stated that at 114 Larkwood Drive there is very high grass and Code Enforcement should be contacted. Mr. LeRoy asked about the car wash at 2nd Street and Park Avenue and about the shopping center at 25th Street and Airport Blvd. Mr. Simmons MINUT'ES - PLANNING AND ZONING COMMISSION - AUGUST 20, 1987 - 7:00 P.M. Page 6 stated that the financial institutions that were backing the project at 25th Street are having financial difficulties. In any case, its dead in the water because of the finan- cial problems. Mr. Malone made motion to approve minutes with the Chairman's comments strickened rela- tive to congregate living facilities. THe Chairman stated that he wants the minutes corrected to show that the proposed ordinance might or might not allow congregate care in a SR -1 zone. Mr. Carli seconded. All in favor. Motion carried. Meeting adjourned at 9:37 P.M. MEMORANDUM TO: City of Sanford Planning FROM: Jay R. Marder, AICP / City Planner AUGUST 14, 1987 and Zoning Commission SUBJECT: Planning Recommendations For Planning and Zoning Commission Meeting of August 20, 1987 Item No. 1: Grindle Request to rezone protions of site from AD, Agricultural District to GC -2, General Commercial District and from SR -lA, Single Family Residential Dwelling District to AD, Agricultural District for property located on the east side of South Orlando Drive /U.S. Highway 17 & 92. 1. From west to east the total parcel is Zoned GC -2, General Commercial, AD, Agricultural and SR -lA, Single Family Residential Dwelling and is basically vacant at the present time. 2. In general, the eastern boundary of the portion of the site proposed to be rezoned from AD to GC -2 appears to roughly correspond to the easterly half of the total site area which evidences Forested Wetland vegetation pursuant to St. Johns River Water Management District mapping data on file at the City of Sanford Department of Engineering and Planning. 3. The portion of site proposed to be rezoned from SR-1A to AD appears to be located in the above- described wetlands area. 4. various commercial proposed GC -2 site A flea market is 1 porated area zoned site appears to be time. activities are located adjacent to in an existing GC -2 Zoning District. Dcated south of site in an unincor- PUD. Area surrounding proposed AD vacant wetlands at the present 5. Recommend approval of request to rezone from AD, Agricultural to GC -2 General Commercial based on site's relationship to highway and portion of total parcel already Zoned GC -2 and existing character of the area at present time. Also recommend approval of AD Zoning for easterly portion of site based on severe limitations for urban -type development indicated by wetland vegetation. Item No. 2: First Shiloh M. B. Church Request to rezone from SR -1, Single Family Residential Dwelling to RC -1, Restricted Commercial for property located on the south side of West 7th Street between Elm Avenue and Laurel Avenue. Subject: Planning Recommendations For Planning and Zoning Commission Meeting of August 20, 1987 August 14, 1987 Page 2 1. Site is Zoned SR -1 and appears to contain two institutional -type buildings. 2. An existing day care establishment is located adjacent to site within an RC -1 Zoning District. 3. An old school building, a City park and various single family dwellings are located in the immediate area in an SR -1 Zone. Site is also adjacent to a GC -2 Zone that contains single family dwellings along Laurel Avenue as well as commercial uses along French Avenue. 4. Recommend approval of request for RC -1 Zoning based on existing RC -1 Zone already established adjacent to site, existing and proposed institutional -type activi- ties of site and existing character of immediate area at the present time. Item No. 3: Grier - Request conditional use approval to permit a single family dwelling in a GC -2 General Commericial Zone located on Laurel Avenue south of West 25th Street. 1. Site is a vacant lot within a developed single family subdivision. 2. Recommend approval of conditional use to permit a single family dwelling based on single family character of area at the present time. Item No. 4: Wallace- Hawey Request for conditional use approval to permit automobile sales and service in a GC -2, General Commercial Zone located on the west side of Elm Avenue north of West 13th Street. 1. Site consists of a lot of approximately .13 acre and appears to contain an automobile body repair and paint establishment housed within a building that covers the majority of the site. 2. Activities located adjacent to site include electric service, auto repair, parking lots, offices and single family residences. 3. Recommend denial of request for conditional use appro- val to permit auto sales and service based on site's limited size and potential display area. JRM:yea xc: City Clerk