Loading...
11.06.86MINUTES PLANNING AND ZONING COMMISSION November 6, 1986 7:00 P.M. Members Present: Members Absent: John Morris, Chairman Dr. Hortense Evans Lon Howell Eddie Keith Gary L. Davidson Brent Carli John LeRoy Sheila Roberts Jay Malone 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 a request for rezoning from SR -1A to GC -2, that property located east of Highway 17 -92, west of Cherokee Circle, north of Fairmont Drive and south of Woodson Avenue for the purpose of mini- warehouses, repre- sented by Polly Hutchins for the owner, Caroline Zull. Mrs. Hutchins stated the property was annexed into the City last June and when the rezone was presented to the board earlier, they did not make a presentation. If the board approves the rezone, they would be back for a conditional use and a site plan review. She brought a preliminary site plan and a picture of an existing mini - warehouse. The Company builds at top level of market and they are air conditioned. They also provided household storage. They will preserve the trees, have maximum security, the lighting will be no higher than the building and there will be a wall around the project. Mrs. Zull was present and stated she felt it was the most desirable thing to build on the property. Present to speak in opposition were Harold Scott and Joan Ray. Mr. Scott was concerned with the Flea Market being down the road, vendors would enjoy the storage area to store their belongings. He would like to see residential on the property. Mrs. Ray stated the property along Cherokee and Fairmont. There is presently a wall along part of the property and when the wall around the project is erected, there will be a double wall and it would feel like a prison. There is no way anyone can guarantee what will be stored there. She submitted an article that stated there was 600 pounds of dynamite stored in a storage building and the fire department had to set it on fire to get rid of it. Mrs. Zull stated if a housing project is more desirable, it would be fine with her but she feels warehouses would be better. Mr. Keith moved to deny the rezone request. Mr. Carli seconded. The motion was defeated by a vote of 4 to 2. Mr. Davidson moved to approve the rezone request. Mr. Howell seconded. The motion carried five to one with Mr. Carli voting against. The next item was a Public Hearing to consider the request for a rezoning from MR -1 to RMOI, that property located on the eastside of Park Avenue between E. 21st St. and E. 24th St. for the purpose of professional office, represented by W.E. Knowles. Mr. Knowles stated Mr. Runge has approached the board several times. The dentist office will remain exactly as it is. It was allowed to be a denist office 18 or 19 years ago. Mr. Runge would like to sell the business and the building to another dentist. The rezone is for the entire E. side of Park Avenue between 21st St. and 24th St. There is approximately 12 lots involved. MINUTES - PLANNING AND ZONING COMMISSION - November 6, 1986 - 7:00 P.M. Page 2 --------------------------------------------------------------------------------------------- Present to speak in favor was Richard Deas. He stated he has done some research and sees nothing wrong with the request due to the building being there for 19 years. He stated Mr. Runge had asked to place a sign on the property for the dentist office and was denied and asked if the signage is included in the rezone request. The Chairman said no, the board is only doing the rezone. If the rezone goes through then he would be allowed to put a sign in. Present to speak in opposition were Paul Porter, Mrs. Smith, Mrs. McCready, Charles Myers, Andrew Kutz, and Sylvia Vanderslice. Mr. Porter was concerned about changing that much of Park Avenue and inviting various types of businesses into the area. There are no in- tentions of the duplexes changing use but if the property goes for sale, an office could go in. Mrs. Smith stated she would perfer to live in a residential area and not on office area. The others agreed with Mr. Porters statement. Mr. Kutz stated since the business has been there for so long, why not spot zone the one lot. There are other areas that need to be rezoned. The City has decreased the use level on Park Avenue in the downtown area, but increasing the use further down. The Chairman stated Mr. Runge has been grandfathered in and if the office is not closed for 6 months if can remain a Dentist office indefinitely. Mr. Howell moved to deny the rezone request. Mr. Carli seconded. Motion carried unanimously. Mr. Knowles was concerned that during the process of selling, it may take longer than 6 months and the license would not be renewed. The board stated they would be understanding and cooperative if Dr. Runge found he needed more time to transfer his business and property The next item was to continue the Public Hearing to consider the request for a conditional use in a GC -2 zone, that property located at 3842 Orlando Drive, for the purpose of daily car rental, represented by Jeffery Johnson. The site plan was submitted showing the parking of the entire lot. The parking was based on 677 retail area. The parking met the qualifications. Mr. Carli asked for the definition of a parking space and asked about overnight parking. Mrs. Sonnenberg said there are no restrictions on commercial parking unless the property owner asks them to leave. Mr. Johnson stated he may start with 5 cars until the demand increases. They asked for twelve parking spaces for future need. The rental staff may take the cars home instead of leaving them overnight. Dr. Evans moved to approve the conditional use. Mr. Howell seconded. Motion carried over the dissenting vote of Mr. Carli. The next item was to consider the resubmittal of the site plan for 4 apartment units for Barbara Jackson located at 320 Oak Avenue in a SC -3 zone represented by Barbara Jackson. Ms. Jackson stated she bought the property in 1983. It was in bad condition and has been working on the interior. She would live in the bottom unit and rent 3 units upstairs. It has been used as multi -units and it has not been licensed since she purchased it. It is necessary to have a curbcut in order to have 4 required parking spaces. Since they are small units, she does not anticipate 2 cars per each unit. Staff recommended approval. Mr. Howell moved to approve the site plan. Mr. Keith seconded. Motion carried over the dissenting votes of Mr. Carli and Mr. Davidson. Mr. Carli stated it was in direct oppo- sition to the downtown rezoned area and the historical district. The next item was to consider the site plan for Peoples Work Force, a labor force use, located at 405 E. 4th Street in a GC -2 zone, represented by Keith Greenberg. Mr. Greenberg stated it is a temporary employment office. The office is in rear with the front portion being in a waiting area. There will be no loitering outside the building. The MINUTES - PLANNING AND ZONING COMMISSION - November 6, 1986 - 7:00 P.M. Page 3 ------------------------------------------------------------------------------------------ -_ - - -- hours are approximately 5:30 A.M. to 6:00 P.M. The property was previously approved for a car wash and since it is a change of use a new site plan had to be submitted. There is parking across the street. Mr. Carli moved to approve the site plan. Mr. Davidson seconded. Motion carried unani- mously. The next item was to consider the revised site plan for 311 Park Avenue, a 7 room rooming house conversion represented by William Hutchison for the owner, Michael Nace. Mr. Hutchison stated Mr. Nace purchased the property in May, 1985. He believed it was an on -going rooming house. He was not aware that a license and a permit was required. The City found the building was not licensed and a permit was required. The site plan has to be approved before the building department will issue permits. He wants to do what is necessary to meet all the codes. The site plan was previously denied due to the off - street parking and the board not liking the intended use. The SE corner of 3rd & Park will be available for off - street parking and always will be. Mr. Hutchison stated he would record a restricted convenant for the vacant lot and 311 Park Avenue. As long as 311 Park Avenue remains as a rooming house or whatever use, the vacant lot would be utilized as the additional parking. Mr. Howell asked if it was presently being operated as a rooming house. Mr. Hutchison said yes it is because when it was represented to Mr. Nace, it was a rooming house. When the document is recorded it creates a restriction on the property so when the vacant lot is sold, 311 Park Avenue would have to cease operation as a rooming house if the parking is needed. The Chairman stated the rooming house is a permitted use under the zoning ordinance and the parking has been solved. Mr. Davidson moved to approve the site plan subject to the convenant and the directional signs. Motion died due to lack of a second. Mr. Carli moved to deny the site plan. Mr. Howell seconded. Mr. Hutchison asked that the reasons be stated as to why they are denying it. Mr. Carli stated that page 1772 of the Zoning Ordinance states that the Commission shall not approve a site plan unless it finds that it conforms to all applicable provisions of the zoning ordinance and the safety and convenience of the public. He said he did not find anything appropriate. The motion to deny carried over the dissenting votes of Mr. Morris and Mr. Davidson. The next item was to consider the revised site plan for Johnson's Mansion, a 2 story office conversion located at 2724 Orlando Dr in a GC -2 zone represented by Andrew Kutz, for the owner. Mr. Kutz stated that the original site plan showed offices downstairs and living unit up- stairs. The owners may want to have offices on the second floor but could not unless approved by the board. They would like to have the prerogative to change the second floor from a living unit to offices. The parking is adequate if the first and second floor were offices. Mr. Carli moved to approve the site plan. Mr. Keith seconded. Motion carried. The next item was to consider the revised site plan for a retail meat market for Java and Edna Jones located at 2397 French Avenue in a GC -2 zone represented by Bob McKee. Mr. McKee stated Mr. Jones did not have his plans completely thought out on the deliveries. The main change in the site plan is to have paving instead of a natural area in the rear. The trucks back into the alley for deliveries. There is over head doors in a designated parking area so Mr. Jones can store his antique car in a portion of the building. There is an area indicated as loading in the front and needs area in the rear for unloading. They are wanting to pave on the east side of the building. The alley area will drain into the MINUTES - PLANNING AND ZONING COMMISSION - November 6, 1986 - 7:00 P.M. Page 4 -------------------------------------------------------------------------------------------- the retention area. The Chairman asked if the sewer lines would have to be reinforced when the alley way is paved. Mr. Simmons stated that would be up to the Utility Director. There is a gate at the north end of the property for the circulation of the trucks. Mr. Jones would give approval to have the trucks use the alley way and go behind Sun Travel. The board felt the item should be tabled till staff has a chance to review the circulation. Mr. Carli moved to table the item till the next meeting. Mr. Davidson seconded. Motion carried. Mrs. Sonnenberg questioned the board if a Juvenile Group Home would require a Publc Hearing as a conditional use or would it wait until the foster /adult homes are addresses. The board agreed it would require a Public Hearing. Mr. Simmons stated he felt that wood may not be the best for mulched parking. Mulch with limerock becomes impervious. If crushed stone could be used with a reinforcement fabric over the sand it would be like mesh and would reinforce and be a weed barrier. Mr. Simmons stated he would like to try one for observation and the board said they had no problem with it. Mr. Carli questioned a business being ran at a residence on E1 Capitan near Florida and State street. Mrs. Sonnenberg stated it has been turned over to Code Enforcement Inspector for investigation. Mr. Carli apologized to staff and board in reference to Mr. Jones' business. He stated they knew all along what they were going to do there. The Minutes of the previous meeting were approved. There being no further business, the meeting was adjourned. John Morris, Chairman