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01.20.83MINUTES Planning and Zoning Commission Jan. 20, 1983 7:30 P.M. Members Present: J. Q. Galloway, Chairman Jim Barks C. B. Franklin Harrell Grieme John Morris Sheila Roberts Cliff Miller Gary L. Davidson Others Present: Leah Rogers, Zoning Inspector The meeting was called to order at 7:30 P.M. by the Chairman, J. Q. Galloway. The first item for consideration was a Public Hearing to consider a Conditional Use of a private Christian School, beginning at the kindergarten level up through the secondary level, to be located at 801 W. 22nd St. in the SR -1 zoned district, represented by Rev. William Thompson. Mx. Thompson explained that the classes will be held in the existing classrooms at Church of God, with about sixty (60) students, planning to open in the fall of 1983. Present to speak in opposition: Janet Hardy, 2020 S. Lake Ave.; Mrs. Waddell, Lake Ave.; Steve Kaufmann, 22nd St.; Howard Brigham, Cedar Ave.; and Larry Blair, 2012 Holly Ave. They were all residents of the area and feel the residential area is not compatible for a school because of traffic problems, and the pos- sibility of having to pay for sidewalks in the future. After discussion, Mr. Willis said that he felt it to be a moot situation, but would move to approve. Mr. Franklin seconded. There were seven members present, with three votes in favor and three in opposition to the motion. The Chairman said he did not feel it to be conducive to a large school, but could find no problem with kindergarten, first and second grade, and would vote in favor of the motion. Those voting in opposition: Mrs. Roberts, Mr. Morris and Mr. Davidson. The next item for discussion was a Public Hearing to consider a Conditional Use of a self - service gasoline pump to be located at the Lil' Champ Food Store at 2990 S. Sanford Ave. in the RC -1 zoned district, represented by Tom Whigham. Present to speak in opposition was Mrs. Martin Francioso, owner of Exxon Service Station next door to 2990 S. Sanford Ave. and she objected to the close proximity of other gasoline pumps. After discussion, Mr. Morris moved to approve the conditional use. Mr. Grieme seconded. Motion carried over the dissenting vote of Mr. Davidson. The next item was a Public Hearing to consider a Conditional Use of a church annex for the Church of Christ to be located at 116 W. 16th St. in the SR -lA zoned district, represented by Buddy Gaines. The property is a single - family residential house to be used by the church for extra meeting space and to be maintained in the present state with a groundskeeper to maintain the landscaping and not to be used for services. MINUTES - Planning & Zoning Commission - Jan. 20, 1983 - 7:30 P.M. Page 2 -------------------------------------------------------------------- - - - - -- Mr. Gordon Sweeney and Mr. Duke Dodson were present to speak as property owners in the area and said they would not object to the use as outlined by Mr. Gaines but would not be in favor of services or small children. After discussion, Mr. Franklin moved to approve. Mrs. Roberts seconded. Motion carried. The next item was a Public Hearing to consider a Conditional Use of a church for Freedom Assembly of God, at 1515 W. 5th St. in the MR -2 zoned district, represented by Kenneth Fleming. He said the property is 127.5' x 66' and could seat 100 people. There was a letter to David Bohannon, Pastor, First Assembly of God, from Earl Gorman, owner of Seminole Gardens Apts. giving permission for use of the parking lot around the church they propose building. Rev. Jimmy Johnson was present to express the thanks of himself and the congregation for the consideration of a much - needed church in the area, and said Mr. Gorman has adequate property he has offered if needed for expansion. There was no one to speak in opposition. Mr. Willis moved to approve the con- ditional use. Mr. Grieme seconded. Motion carried. The next item for consideration was a request for a Conditional Use of a home occupation for an Environmental Consultant to be located at 3291 Sanford Ave. #61 of Sanford Court Apts. in the MR -2 zoned district, represented by Sherry Williams. She said she subcontracts firms to do environmental studies and needs to use her address and telephone for contact only. Mr. Morris moved to approve. Mr. Franklin seconded. Motion carried. There was no one present to represent a request for a Conditional Use of a home occupation for a Pressure Cleaning business at 221 Tuskegee St. and the item was automatically dismissed. The next item was to consider a Conditional Use of a home occupation for forestry servicing, telephone service and mail order, at 1108 S. Myrtle Ave. for Steven R. Smith, represented by Daniel Cadden. Mr. Morris moved to approve. Mr. Davidson seconded. Motion carried. The next item was a request for a Conditional Use of a home occupation for a Class B Air Conditioning Contractor, telephone service only, to be located at 2411 Lake Ave. in the SR -1 zoned district, represented by Kenneth Barnes. Mr. Barnes said he has one service van and will use removable letters if he advertises on the van. Mrs. Roberts moved to approve. Mr. Franklin seconded. Motion carried. The next item was consideration of a Conditional Use of a home occupation for a trim carpenter, telephone service only, at Apt. #60, Master's Cove for John T. Hill, represented by Mr. Hill. Mr. Davidson moved to approve. Mrs. Roberts seconded. Motion carried. The next item was a request for Conditional Use for a home occupation for a trim carpenter, telephone service only, at Apt. #68, Master's Cove for Mark Wzittemore, represented by, Mr. Whittemore. Mr. Davidson moved to approve. Mrs. Roberts seconded. Motion carried. MINUTES - Planning & Zoning Commission - Jan. 20, 1983 - 7:30 P.M. Page 3 The next item for discussion was a site plan of a church for the Freedom Assembly of God at 1515 W. 5th St. in the MR -2 zoned district, represented by Kenneth Fleming. It was determined that all requirements had been complied with. Mr. Grieme moved to approve the site plan. Mr. Davidson seconded. Motion carried. The next item was consideration of a site plan of a building for Pizza Hut, at 3852 Orlando Drive in the GC -2 zoned district, represented by Gary Compton of Semoran Management Corp. He said they hope to open in the next 30 -45 days. After discussion, Mr. Willis moved to approve. Mr. Franklin seconded. Motion carried. The next site plan for consideration was for an addition to the existing Publisher's Service Bureau to be used as storage, located at 1100 E. 25th St. in the RMOI zoned district, represented by Darrell Brown. Mr. Morris moved to approve. Mr. Grieme seconded. Motion carried. The next item was a request to amend the Zoning Ordinance to incorporate a Day Care Center associated with a church as a Conditional Use in zoning districts where churches are permitted as a Conditional Use, represented by Walter Gardner for the Maranatha Pentecostal Church. It was discussed and pointed out to the proponents that any change of this kind would be a city -wide zoning change and could not be considered. Mr. Jerry Feinstein requested from the floor, consideration of a change in the Zoning Ordinance to permit the use of a minimum of three (3) units instead of the present minimum of four (4) units, to make for better planning in districts where Townhouse and Cluster homes are allowed. After discussion, the board expressed agreement with Mr. Feinstein as long as there were no problems as far as the City Manager, City Engineer,: Building Official and Zoning Inspector and said they would like to set a Public Hearing at the next meeting. Mr. Lon Howell requested from the floor, consideration by the board to a possible rezoning to single - family residential, the area from 3rd to 13th St. and between French & Sanford Ave. He had photos of the residence he has refurbished from apartments to single - family and said he had talked to several owners in the area who had done the same kind of remodeling and they are interested in a possible rezoning of the area also. The Chairman told Mr. Howell that a special committee was at present making a study of the area to determine the feasibility of rezoning to single - family and he would be contacted to attend the meetings and bring any other interested citizens to the meeting for discussion and input. The rough draft for a possible Appeals Procedure for Conditional Use sent to the City Attorney by the City Manager was given to the members for consideration. After discussion, Mr. Morris moved to recommend adoption of the Appeals procedure as presented. Mr. Franklin seconded. Motion carried. The Minutes of the previous meeting were approved. There being no further business, the meeting was adjourned. J. Q. Galloway, Chai