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07.03.86MINUTES PLANNING AND ZONING COMMISSION July 3, 1986 7:00 P.M. Members Present: John Morris, Chairman Brent Carli Sheila Roberts Gary L. Davidson Lon Howell Dr. Hortense Evans John LeRoy Members Absent: Eddie Keith Jay Malone Others Present: Bettie Sonnenberg, Zoning 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 a Public Hearing to consider the request to rezone from AD to RI -1, that property located S. of W. SR 46, N. of SCL R.R., W. of Airport Blvd, and E. of I -4 for the purpose of light manufacturing and warehouses, represented by Eoughan Kelley. Mr. Kelley spoke on behalf of 3 parcels which were: 16 acres W. of Bevier Road, 30 acres N. of the Codisco Project and S. of 46, and 10 acres at the W. end of Jewett Lane, W, of Kennel Rd. Mr. Carli asked Mr. Kelley if he would be adverse to having GC -2 instead of RI -1 near the Upsala Rd piece of property. Mr. Kelley stated he had not applied for GC -2 because of the many uses allowed in the GC -2 zone. Present to speak in opposition were: Shirley Edyvean, Patrick Talley, Joe Kaiser, and Ben Bullard. That concerns were: drainage, lack of access, would not help the value of their property, roads are terrible, not consistant with surrounding zoning, and chemical waste could harm the water since they use well water. They are wondering if the land was going to be developed or what was intended. They would like to see some plans on what was planned for the property. Mr. Carli asked staff if they had any information on the drainage for that area. Mr. Kaiser brought a soil bearing test from Seminole County and gave it to Mr. Simmons. There was a recommendation from the City Planner to approve the change to commercial. Mr. Carli stated that if the land is not adequate for light manufacturing because of soil, should not do it. Mr. Simmons presented to the board the information Mr. Kaiser gave him. He stated that the water holding capacity is low but that the document does not mention suitability. There were some limitation, but no indication regarding muck. The buildings will not be lot line to lot line, and would be addressed at site plan and by other agencies. He agreed that the roads are inadequate, but they should be until the land was developed, with the drainage in the same situation. The County has had the maintenance on the land until annexed into the City. Mr. Carli asked if we had an impact fee set up so we could impact the developers. Mr. Simmons said there is no transportation impact fee but the developers would pay for access to nearest paved road. Mr. Carli questioned the 30' ROW and Mr. Simmons stated that we could require additional ROW by the developers. We could not ask for them now because we are not sure where to put them. Mr. Carli asked why we couldn't have the people secure ROW's before attempted to rezone. Mr. Marder said that putting conditions on zoning is something that is frowned upon, but what is being asked- is important but it is not a practice that is accepted. MINUTES - PLAINING AND ZONING COMMISSION - July 3, 1986 - 7:00 P.M. Pale Mr. Simmons stated that you could check at site plan review or development review for any problems. The soil test was not a consideration when recommendations were made. There was question about if the property was posted correctly and people notified. Mrs. Sonnenberg stated the property was posted by Paul Whitley and the proper people were notified. Dr. Evans stated since there was no conflict between the comprehensive plan and the request, she moved to change to GC -2 on the northerly piece of Parcel A )Blks 18 & 19, M.M. Smith's 3rd Subd) and change to RI -1 on the southerly piece of parcel A (Blk 31, M.M. Smith's 3rd Subd). Mrs. Roberts seconded. Motion carried over the dissenting vote of Mr. Carli. Mr. Carli moved to deny the request on Parcel B. The motion died due to lack of a seconded. Mr. Carli moved to deny the request to rezone Parcel B. Mrs. Roberts seconded. It was stated that there was not enough work done and soil samples not done. Mr. Morris stated that people have poperty and want to use it to the highest use and property rights take precedence over the uses put to land due to soil test. Conditions should be placed at site plan review and it would be unfair not to rezone. Mr. Carli stated that there was need for more information to bring in front of the board. Those voting for the motion to deny were: Carli and Roberts. Those voting against the motion were: LeRoy, Evans, Howell, Morris and Davidson. The motion failed. Dr. Evans moved to approve the request to rezone Parcel B. Mr. LeRoy seconde. Motion carried over the dissenting votes of Mr. Carli and Mrs. Roberts. The next item was to consider the site plan for Pinewood Trails, a 228 unit apartment development, located at 500 W. Airport Bl, in MR -1 and MR -2 zones, represented by W.E. Knowles. Mr. Knowles stated that the property was a 13 acre parcel that was located N. of Airport Blvd., E. of Master Cove and W. of Seminole County Health Dept. The buildings are 2 story wood frame structures with 228 units. The living area conforms to the MR -1 requirements. There are 161 - 1 bedroom apts, 88 - 2 bedroom apts and 24 - 3 bedroom apts. The proper applications have been made and the open space has been approved by the City Commission. Mr. Simmons questioned the arbor plan and traffic signage at the intersection. Mr. Knowles stated that the 2 Oak trees will be saved on the arbor plan and stop signs will be placed at W. of the driveway entrance and one placed at the exit on Airport and one placed at the entrance on street "A ". Mr. Simmons stated that he accepted the plans. Mr. Knowles stated that trees in the area in the NW and SW corners will be preserved. Mrs. Roberts moved to approved the site plan. Mr. LeRoy seconded. Motion carried unanimously. The next item was to consider the site plan for Carriage Cove N., Phase I, at 187 mobile home park, located at Rolling Hills Blvd and E. Lake Mary Blvd in a SR -2 zone, represented by W.E. Knowles. Mr. Knowles stated that there are 70 acres with a total of 331 units. In Phase I there will be 187 units. The lot sizes will be 45 x 90, with a minimum of 25 ft. between the units. The City Commission reviewed the open spaced and approved it a $150 per unit. There will be an additional 40 ft setback from Lake Mary Blvd which will be left as a natural buffer. Some Oak trees will be preserved and on the north end there are Red Maples which will be preserved. Mr. Carli questioned the road connecting to future Americana Blvd. Mr. Knowles stated that Rolling Hills will connect the Americana Blvd. Mr. Carli stated that Americana Blvd is barricaded now and asked if the new road will be. Mr. Simmons said it will be barricaded. Mr. Simmons said he would like to have the street light relocated on Rollings Hills ROW, and move the master meter which is lying on utility easement to the ROW on Rolling Hills, and asked about the location of Americana Blvd. Mr. Knowles stated that the street light would be relocated, the water meter is on a public utility easement, and the first 60 units is the milestone for the construction of Americana Blvd. MINUTES - PLANNING AND ZONING COMMISSION - July 3, 1986 - 7:00 P.M. Page 3 --------------------------------------------------------------------------------------- Mr. Simmons recommended the approval of the site plan with the condition upon receipt and approval of Americana Blvd plans. Mr. Carli moved to approve the site plan with the condition of no C.O. being issued before the construction plan for Americana Blvd has been approved. Mrs. Roberts seconded. Motion carried unanimously. The next item was to consider the site plan for 311 Park Av., a 7 bedroom rooming house conversion, represented by J.P. Reid. Mr. Reid is the realtor for Mr. Nace who purchased the property. The house was operating without a license as a rooming house with people living there. Mr. Nace thought it was a license rooming house when he purchased the property. The property falls 2 lots N. of the rezoned downtown area. Mr. Howell questioned if the vacant lot was sold, how will parking be utilized? Mr. Reid stated that people would not need any parking because most people would be walking and they probably would not have cars. The property is within 500 ft of the paved vacant lot so they could use it as parking. Mr. Simmons stated that if the place was found to be in non - compliance with the parking, the license could not be renewed. A letter was sent to Mr. Nace to correct some violations and in order for him to correct them for the rooming house, he would have to get site plan approval. Mr. Morris asked if there was a fire escape in the building now and Mr. Reid told him no. Mr. Simmons informed the board that the building department does not issue permits until site plan is approved, that the board might give a conditional approval. Mr. Howell expressed concern about rooming houses in the block between the recently rezoned single family area and the historical district. Mr. Howell moved to deny the site plan. Mr. Carli seconded. Those voting for the motion: Howell, Carli, LeRoy, Davidson and Roberts. Those voting against: Morris and Evans. The Chairman stated he voted against the motion to deny to offer the applicant the opportunity to appeal. The next item was to consider the site plan for a retail meat market located in a GC -2 zone at 2397 French Av., represented by Mack LaZenby. Mr. LaZenby stated that they are taking an unsightly vacant place and renovating and improving the property. It was originally a gas station and then used as a nursery. The location of the building does not provide 24 ft. for back out, only 21j. State DOT allowed applicant to keep existing 60 ft. flat bottom driveway cuts. The landscaping exceeds the requirements. The property line crosses the alley and there is a thick wooden area there. There is a requirement of a 5 ft. buffer area or a 6 ft. fence, which a 6 ft. fence would block the natural growth. The property owner does not want it to look like a gas station so they want to put a canopy around the building. The canopy would be done taste- fully. The fourteen parking spaces were determined by the 1,200 sq.ft. retail sales area being utilized. Parking space number 14 would be designated as employee parking since there is not enough room to back out and turn around. The meat brought in in boxed meat and since there will be no hanging meat, there will be no tractor trucks delivering. Mr. Simmon was concerned about the canopy over the loading area because the trucks may damage it. Mr. LaZenby stated that the canopy did not have to be placed at the loading area. Mr. Carli moved to approve the site plan. Mrs. Roberts seconded. Motion carried unanimously Lon Howell was welcomed to the board. The minutes of the previous meeting were approved. Mr. Carli asked about a report from Staff on the site at 25th & Park and the display of the trailers at 2613 Orlando Dr. Mrs. Sonnenberg stated she had not received a report on the 25th and Park situation and she would have to check further into the utility trailers. Mr. Howell questioned Manna Haven serving meals in a residential area. Dr. Evans stated that they were to appear before the school board next week for a continuation of their lease next week. MINUTES - PLANNING AND ZONING COMMISSION - duly 3, 1986 - 7:00 P.M. Page 4 ---------------------------------------------------------------------------------------- There being no further business, the meeting was adjourned.