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04.16.81MINUTES Planning and Zoning Commission April 16, 1981 7:00 P.M. Members Present: Members Absent: Others Present: J. Q. Galloway, Chairman James Barks Forrest. Foggin C. B. Franklin Cliff Miller Frank Whigham George Willis John Morris Sheila Roberts Leah Rogers, Zoning Inspector The meeting was called to order at 7:00 P.M. by the Chairman, J. Q. Galloway. The first item was a Public Hearing to rezone from SR -1 to MR -2, located between 24th St. & 25th St. and between Hartwell Ave. & Georgia Ave. The planned use of the property for duplex residential dwelling. Mr. Bill Johnson, Civil Engineer, was present to represent the request for the owner, Mr. Gabbai. Mr. Johnson said if the property is rezoned it will be replatted into 75' lots instead of the presently platted 60' lots. There were three residents present to speak in opposition, all from Marshall Ave. and said they were opposed to the rezoning as they feel rental property will detract from the safety and welfare of the neighborhood, and did not feel that renters take care of property as single - family owners do. Mr. & Mrs. Ronald E. Gilbert of 2408 Marshall Ave. submitted a letter in opposition because they were out of town and could not attend the meeting. (Letter attached to permanent Minutes) After discussion, Mr. Willis -moved to deny the request because it does not comply with the Comprehensive Plan. Mr. Barks seconded. Motion carried. The next item was a Public Hearing to rezone from MR -2 to RMOI, the property located at 717 S. Park Ave. The planned use of this property is a professional office for the owner, Carl Gutmann. Mr. Gutmann was present and said he has been restoring the residence and felt strongly that professional offices would be compatible to the area. He said he would have 6 -8 employees and about 3200 sq. ft. of office space. There was a question regarding adequate parking and he said he would rather not pave according to the regulations, in order to pre- serve the landscaping, but there was parking space available by leasing. Ms. Shirley Moak was present to speak in favor of the rezoning and said that Sara Jacobsen owns property across 8th St. and has restored an older home there. They would prefer single family or professional occupancy in order to retain the restoration, instead of renting it out as apartments and are in favor of the re- zoning. There was discussion regarding the fact that since the property does not abut RMOI zoning, it would be considered spot zoning and there is not adequate parking MINUTES - Planning & Zoning Commission - April 16, 1981 - 7 :00 P.M. Page 2 available for the office use. Based on these facts, Mr. Foggin moved to recommend denial. Mr. Miller seconded. Motion carried over one dissenting vote. The next item was a Public Hearing to rezone from SR -1 to RMOI, the property located at Maple Ave. off 24th Place. The planned use of this property is duplex residential, represented by Kevin Sullivan. After discussion, Mr. Willis stated that the area being in back of commercial zoning, he did not feel it is ideal zoning for single - family dwelling and so moved to recommend approval of the rezoning. Mr. Miller seconded. Motion carried. The next item for consideration was a site plan and conditional use of two duplexes between Park Drive and Oak Ave. in the GC -2 zoned district represented by Kevin Sullivan. The comments from the Engineer pointed out that necessary engineering plans would need to be submitted for water, sewer and drainage before • site plan could be approved. There was also discussion on an application for • third duplex which would then require subdivision regulations including under- ground utilities and electricity. Mr. Barks moved to table the item until the engineering plans could be corrected. Mr. Willis seconded. Motion carried. The next item for discussion was a site plan for two additional buildings for S & H Fabricating & Engineering, Inc. at 2650 Jewett Lane in the MI -2 zoned district. The buildings planned are 5,000 sq. ft. and 60,000 sq. ft. and Mr. Robb placed the two required handicap parking spaces on the plan in com- pliance with the requirement. Mr. Barks moved to approve. Mr. Miller seconded. Motion carried. The next site plan, also represented by Mr. LeRoy Robb, was for a new metal building for Jelco, Inc. at SE corner of Cornwall Rd. & Sanford Ave. Regarding the comments from the engineer it was stated that all requirements had been cleared up. Mr. Barks moved to approve. Mr. Miller seconded. Motion carried. The next item was a revised site plan with an additional 100'x120' new metal building for Florida Extrusion at 2540 Jewett Lane, also represented by LeRoy Robb. All engineering problems had been cleared up since the comments were received. Mr. Franklin moved to approve the plan as presented. Mr. Barks seconded. Motion carried. Mr. Whigham abstained. The next item for discussion was a site plan and conditional use of 10 duplexes south of Park Drive and between Oak Ave. & Myrtle Ave. in the GC -2 zoned district, represented by William Riske. The request was for approval of concept only and it was not in conflict with the Comprehensive Plan. There was discussion and although many of the board members did not approve of the layout, all requirements had been met. Mr. Whigham moved to approve the concept. Mr. Franklin seconded. Motion carried with a majority of 4 to 2. A site paln and conditional use of a 1073 sq. ft. dining room addition to the Hickory Ave. Baptist Church, 503 Hickory Ave. was cancelled by the proponent. There was no one present to represent a request to park an 18' semi truck on 25th St. & Poinsetta Ave. so the item was dismissed for further application. It was brought to the attention of the board that the one -year period granted to two property owners for conditional use has elapsed and he instructed the staff MINUTES - Planning & Zoning Commission - April 16, 1981 - 7:00 P.M. Page 3 to send letters to the people that the time is up and they need to appear before P & Z if they wish to request an extension. Members had a copy of a memo from the City Manager regarding conditional use and were requested to review conditional uses granted and discuss a possible change in procedure. After discussion, Mr. Willis moved to recommend that all con- ditional uses require a public hearing with notification to surrounding pro- perty owners within 200 ft. Mr. Franklin seconded. Motion carried. Mr. Miller moved to request the City Attorney to supply a definition of "Conditional Use" and add it to Article II of the zoning Ordinance, "Definitions of Terms Used in the Regulations ". Mr. Willis seconded. Motion carried. The Minutes of the previous meeting were corrected as follows: The first item on the agenda, for Fonesca Plumbing at 3010 Park Ave. - the second to Mr. Morris' motion was George Willis, instead of Forrest Foggin. Correction made in permanent Minutes. The Minutes were approved as corrected. There being no further business, the meeting was adjourned. FORM 4 DATE ON WHICH VOTE OCCURRED: MEMORANDUM OF VOTING CONFLICT 1 __ , 19 PART A 1 Name: D 1 �1� 11� 1 - /i E v -- Telephone: (LAST) (FIRST) (MIDDLE) (A/C) (NUMBER) Address: 1. (STREET) (CITY) (ZIP CODE) (COUNTY) PART B Agency is a unit of (check one) ( ► State of Florida; County, City or other Political Subdivision 4 , `I ! 11 A Name of Agency: Position held in Agency: Y U PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes § 112.3143 (1975)1 If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: 3. Person or principal to whom the special gain described above will inure: a. ( 1 Yourself b. ( 1 Principal by whom you are retained: (NAMO PART D FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the a ce of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you voty,hovVpver, the conflict must be disclosed pursuant to the requirements described above. PARI E SIGNATUkiE OF PEWIWN DISCLOSING DATE SIGNED NOTICq UNDER PAO SIONS OF FLORIDA STATUTES §112.317 (1975), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA BE P NISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTIbW REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4- EFF. 1/1/77