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07.26.73PLANNING AND ZONING COMMISSION Minutes July 26, 1973 Special Meeting 8:00 P. M. Members Present: Aurthur Harris, Chairman David Berrien Edward Blacksheare Jefferson Davis Victor Gischler Robert Karns Rudy Sloan Members Absent: C. B. Franklin Philip Logan Others Present: Bill Braceland, Building and Zoning Official Al Payne, Building Inspector Gerald Dake, City Planner W. E. Knowles, City Manager M. lAZenby, City Engineer Sam Ackley, Administrative Aide Gordon Meyer, City Commissioner The meeting was called to order by the Chairman. Mr. Duane Harrell appeared before the board to request a waiver of the time period on border landscapeeplanting which was required as a condition of the approval of the site development plan for Horse and Rider western wear store located in the 2800 block of Sanford Avenue on Lots 47 and 48, Pakview Subdivision. Mr. Harrell said he had purchased adjacent land to the south which he planned to develop for commercial use with adjacent off- street parking with no barrier between the parking spaces. Mr. Harrell also questioned legality of planting of trees in the parkway of the state road right of way, as called for on the site plan. After consideration, Mr. Berrien made the motion that if the land on the south of Lots 47 and 48 is not developed in 12 months time that the border of the parking lot be planted, the motion to include that the planting of trees in the state road right of way between the curb and side- walk be omitted in conformance with state law. The motion was seconded by Mr. Karns and carried by unanimous vote. A Public Hearing was next held to consider a request to rezone from SR -1AA, Single- Family Residential District, to that of MR -1 Multiple - Family Residential Dwelling District, that area recently annexed to Planning and Zoning Commission July 26, 1973 Page 2 the City on Country Club Drive, immediately south of the Mayfair Country Club, described as: Beg 40 ch S & 30 ch W of NE cor, Run E 20 ch, S 45 ° , E 4 ch, S 392 ft, S 45 ° , W 116.11 ft, W 1486.78 ft, N 10 ch to beg. Section 4- 20 -30. The Chairman announced that he would hear from anyone in favor of, or against, the request for rezoning. Mr. Gary Martin of Orlando, representing the proposed developers of the property, spoke in favor of the rezoning. He Presented a preliminary site development plan for a condominium complex. City Planner Gerald Dake was asked to explain the site development plan for the benefit of the people present for the hearing. Mr. Dake related the proposed plan was to construct on 20 acres of Land, 200 dwelling units, which would be a density of 10 dwelling units per acre. They had agreed to put single -story units on the south border, the remainder would be two -story with the exception of some three -story buildings overlooking the golf course. The plan called for only two curb cuts on Country Club Drive for exit and entrance to the development. There would be two ponds to retain ground water and a buffer of landscaping on the south border of the property. Mr. Dake said the placement of the units would not present a solid wail of buildings. Attorney Robert Morris, representing several residents of single - family homes in the adjacent area, spoke in opposition to the request to rezone foxmmAl €i- family dwellings. He pointed out that other recently annexed property in the vicinity of the golf course property had been zoned for agricultural use. He questioned using city -owned golf course property as a means of figuring density for the area. Also, he pointed out there are no other multi - family tones near this 20 -acre spot which is adjacent to single- family dwellings with lot sizes of a least k -acre. Mr. Morris contended that the property in question had been annexed by the city by strip annexing along the reads to reach it. He also questioned if an impact study had been made fortthe effect multi- family zoning would have on schools and traffic. There were over thirty people present, residents of Greenbriar, Loch Arbor and Little Venice, to protest the rezoning. The following persons spoke before the board to protest rezoning Planning and Zoning Commission July 26, 1973 Page 3 the previously described area for multi - family dwellings: Glen Pennywitt, 108 Par Place Don Merrifield, 416 West Crystal Drive Paul Polgar Jack Perce, 111 Highland Court Jim Hay, 435 West Crystal Drive T. B. Cornelius, 107 Highland Court G. W. Edwards, 112 Par Place Frank Kish, 104 Highland Court L. C. Dennis, 100 Par Place The main objections voiced by the above persons were that multi- family zoning would depreciate property values of their single - family homes and would cause traffic congestion on Country Club Drive. The City Planner reported that he was concerned about ground cover in this water recharge area and the best solution for less ground cover was high rise construction. He felt that density of 8 units per acre would not have a big impact on traffic and schools, and that a density of no greater than 8 conforms basicly with the total 'Ian for western expansion of the city. He felt they should en- courage clustering of homes to give open space for water recharge. Mr. Harris gave the opinion that the rezoning would create an "island" of multi- family homes in a block bordered on three sides by the golf course and on the fourth side by single- family homes; and that the streets were too small to handle increased traffic. Mr. Karns also expressed concern about increased traffic on the roads. The City Engineer reported that in a given area all the ground is not water recharge area; it could be harmful to concentrate high density on a chargeable area. After considerable discussion, Mr. Gischler made a motion to recommend to the City Commission that the aforementioned property be rezoned MR -1, Multiple- Family Residential Dwelling District with the stipulation for a maximum density of 10 units per acre. The motion was seconded by Mr. Berrien. After discussion, Mr. Davis moved to amend the motion to limit the density to 8 units per acre. The motion to amend was seconded by Mr. Sloan and carried. The Chairman called for a vote on the recommendation to the City Commission for the rezoning from SR -IAA, Single - Family Residential District, to that of MR -1, Multiple- Family Residential Dwelling Planning and Zoning Commission July 26, 1973 Page 4 ----------------------------------------------------------------- - - - - -- District with the stipulation for a maximum density of 8 dwelling units per acre, for property described as: Beg 40 ch S & 30 Ch W of NE cor, Run E 20 ch, S 45 ° , E 4 ch, S 392 ft, S 45 ° , W 116.11 ft, W 1486.78 ft, N 10 ch to beg. Section 4- 20 -30. The vote stands as follows: Arthur Harris Nay David Berrien Yea Edward Blacksheare Nay Jefferson Davis Yea Victor Gischler Yea Robert Karns Nay Rudy Sloan Yea The Chairman announced that the motion had carried. After consideration of a request of the City Manager to discuss the off - street parking requirements where there might be a need for an additional classification for commercial office type buildings that do not cater to the public, Mr. Karns made the motion to table such study until after the engineering traffic study has been com- pleted. The motion was seconded by Mr. Berrien and carried. The City Planner displayed the long range land use map for western expansion of the city on which some changes had been made to agree with the county plan for the area. He recommended creating a series of green ways that could be linked together like a bike trail, and also obtaining easements to make lakes available to the public. After consideration, the date of August 16, 1973, was set to hold a public hearing to consider an amendment to the zoning ordinance by the addition of MR -lL, Multiple - Family Residential Limited Dwelling District. There being no further business, the meeting was adjourned. Arthur H. Harris, Chairman