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09.06.73PLANNING AND ZONING COMMISSION Minutes September 6, 1973 8:00 P. M. Members Present: Members Absent: Others Present: Robert Karns, Acting Chairman David Berrien Edward Blacksheare Jefferson Davis C. B. Franklin Victor Gischler Rudy Sloan Arthur Harris, Chairman Philip Logan, Vice- Chairman Bill Braceland, Building Official Al Payne, Building Inspector Gerald Dake, City Planner The meeting was called to order by Mr. Robert Karns, Acting Chairman. The first order of business was to hold a Public Hearing to consider a request to rezone from RI -1, Restricted Industrial District, to that of RC -1, Restricted Commercial District, for Lots 88, 89, 90 and 91, Oak Hill Addition, at the location of 2520 Mellonville Avenue. The Chairman announced that he would hear from anyone for, or against, the request for rezoning. Mrs. Mary Lee Hickson, the applicant, appeared in support of her request for rezoning and explained that she planned to operate a child care center with the capacity for twenty children in the existing building at 2520 Mellonville Avenue. No one appeared in opposition to the rezoning. Mr. Clarence Henderson, 2524 Mellonville Avenue, owner of Lots 92 through 101 and 103, Oak Hill Addition, was present to question the industrial zoning of this area, and to clarify how rezoning would effect his property. The Chairman explained that at the time of the preparation of the new zoning ordinance the consensus was that ultimately this area, because of its close proximity to the airport, would be industrial. There was a Planning and Zoning Commission September 6, 1973 Page 2 general discussion about the industrial zoning of this area, and that possibly rezoning should be congid.ered; no action was taken. After consideration, Mr. Sloan made the motion to recommend to the City Commission the rezoning of Lots 88, 89, 90 and 91, Oak Hill Addition, from RI -1, Restricted Industrial District, to RC -1, Restricted Commercial District. The motion was seconded by Mr. Berrien and carried by a unanimous vote. A Public Hearing was next held to consider a request to rezone from SR -IAA, Single- Family Residential District, to MR -1, Multiple Family Residential Dwelling District, that area recently annexed to the City, consisting of 86 acres referred to as the Banks and Phillips property and lying north of SR 46 -A and west of Tee "N Green Subdivision, legally described as follows: Begin 560 ft. W of SE coney of SW k of SE k, run N 25 chains, W 40 chains, S 5 chains, W 6 rods, S 20 chains, E 10 chains, N 10 chains, E 7� chains, N 2k chains, E 7 chains, S 12k chains, E to point of be- ginning, Section 33, Township 19S, Range 30E, Seminole County, Florida. The Chairman announced that he would hear from anyone in favor of, or against, the rezoning request. Mr. Jack Latty, Planning Director for Winston & Associates, the proposed developers of the property, presented a plan for the concept of the development of condoadn.ium apartments and patio homes with a density of 6.5 units per acre on improved land, and the flood plain area left open for a large recreation area. Additional right of way on 25th Street would be donated to the City. Mr. John Alexander, local representative for the developers, when questioned by the Chairman, said the new zoning designation of MR -1L, Multiple- Family Residential Limited Dwelling District, would be agreeable with them. Mr. Charles E. Davis, attorney for Winston & Associates, when questioned about the maintenance of the muck land or swamp area, said it could either be donated to the City, or they could create an association of the property owners to provide professional maintenance. Mr. Davis submitted the following letter form the law offices of Fishback, Davis, Dominick & Simonet, 170 East Washington Street, Planning and Zoning Commission September 6, 1973 Page 3 --------------------------------------------------------------- - - - - -- Orlando, Florida, dated September 6, 1973. Mr. Art Harris, Chairman Sanford Planning and Zoning Commission City Hall Sanford, Florida Deak Mr. Harris: We would like to take this opportu Planning and Zoning Commission for shown us during the formulation of attorney for Winston & Associates, the site located on the North side 'N Green Subdivision, we have been ing written, voluntary commitments with our request for rezoning from Zity to thank you and the the courtesies that you have our development plans. As purchaser under contract of of S. R. 46 -A, West of Tee authorized to make the follow - on their behalf in connection SR -lAA to MR -1: 1. Maximum construction of eight units per acre of garden apart- ments - total of 112 units on the 14 acres shown on the Development Concept Plan filed with you. 2. Maximum construction of six homes per acre of patio homes - total of 168 homes on the 28 acres shown on the Development Concept Plan. 3. Provide agreements and convenants for perpetual use of Open Space and Recreation Areas for homeowners and tenants as shown on the Development Concept Plan. 4. Provide agreements and convenants for perpetual use of Open Space and Storm Water Storage Areas for such purposes as shown on the Development Concept Plan. 5. Provide a system of retaining all storm water run -off on site to insure complete recharging in the flood plain of the ground water supplies. 6. Water and sewage disposal services will be secured from the City of Sanford. 7. Provide at our expense acceleration and deceleration lanes for both entrance roads from S.R. 46 -A. 8. Assure the Planning and Zoning Commission and the City Commission that final site development plans will be Planning and Zoning Commission September 6, 1973 Page 4 ------------------------------------------------------------ - - - - -- substantially in accordance with the Development Concept Plan and any variance will be subject to your approval. Thank you for your consideration of this matter. Yours very truly, s/ Charles E. Davis No one appeared before the board to oppose the request for rezoning. After coxssi.deration, a motion was made by Mr. Sloan to recom- mend to the City Commission the rezoning of the previously described 86 acres from SR -IAA, Single - Family Residential District, to MR -1L, Multiple - Family Residential Limited Dwelling District. The motion was seconded by Mr. Gischler and carried by a unanimous vote. Consideration was next given to the request of Mr. Gordon Toll for an interpretation of the zoning ordinance as it pertains to the operation of mobile home sales in GC -2, General Commercial District. Mr. Toll desires to operate a mobile home sales lot on the west side of French Avenue, between Seventh and Eighth Streets. After discussion, it was the consensus of the board that it had been an oversight that mobile home sales had not been included in the zoning ordinance as a conditional use in GC -2 District. A motion was made by Mr. Davis to recommend to the City Commission that mobile home sales be added to the zoning ordinance as a con- ditional use in GC -2 Districts. The motion was seconded by Mr. Franklin. After discussion, Mr. Davis moved to amend his previous motion to hold a public hearing to consider amending the zoning ordinance by adding mobile home sales as a conditional use in GC -2 District. The motion,was amended, was seconded by Mr. Franklin and carried by a unanimous vote. The date of September 20, 1973, was set to hold such public hearing. Mr. J. S. "Red" Cleveland, Airport Manager, next requested the board to consider amending Zoning Ordinance No. 1097 by the adoption of Airport Zoning, which would provide for height restrictions with- in certain radii of the airport. After discussion, the City Planner was asked to make a study of updating the previous airport zoning for a review by the board at the next meeting and the date of October 4, 1973, was set to hold a public hearing for considera- tion of such request. Planning and Zoning Commission September 6, 1973 Page 5 A site plan for rebuilding a commercial building for a sales and serviceoperation at the corner of Mellonville and Celery Avenue was next presented by Mr. Lloyd Scruggs. After review, on motion of Mr. Berrien, seconded by Mr. Sloan and carried, the site plan was approved. Mrs. Mary Self next presented a site plan for a Day Nursery in the existing building at the location of 2526 Elm Avenue. Mrs. Self projected an enrollment capacity of 25, with two employees. The plan shoved provision for a circular, wood chip covered, driveway. After review, Mr. Franklin moved to approve the site plan. The motion was seconded by Mr. Blacksheare and carried by a unanimous vote. Mr. Charles Gormley was present to inquire about the possibility of establishing a private tennis club at the location of Second Street and Laurel Avenue. The City Planner was asked to take the preliminary plans as presented for study and recommendation at the next meeting. At this time Gerald Dake, City Planner, announced that this was the last meeting he would attend. He has sold his business in Jacksonville and will be associated with Stockton, Whatley, Davin and Company of Jacksonville. Mr. make introduced Mr. Lewis L. Dismukes of Eric Hill Associates, Inc., Jacksonville, as the man who will fill in for him as City Planner. On motion of Mr. Blacksheare, seconded by Mr. Davis and carried, the minutes of the meeting of August 17, 1973, were approved. There being no further business, the meeting was adjourned. Arthur H. Harris, Chairman