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10.04.73PLANNING AND ZONING COMMISSION Minutes October 4, 1973 Members Present: Members Absent: Others Present: Arthur Harris, Chairman David Berrien Edward Blacksheare Jefferson Davis C. B. Franklin Victor Gischler Philip Logan Rudy Sloan Robert Karns Bill Braceland Al Payne Lewis Dismukes Neal Rice Sam Ackley The meeting was called to order by the Chairman. The first order of business was to hold a Public Hearing to con- sider rezoning from RI -1, Restricted Industrial District, to RC -1, Restricted Commercial District, Lots 1 through 87 and 92 through 105, inclusive, Oak Hill Addition. The general location being between 25th Street and 25th Place and Mellonville Avenue and the Seaboard Coastline Rialroad west of Orange Avenue. The Chairman announced that he would hear from anyone in favor of, of against, the rezoning. He explained that this public hearing was being held because the City Commission had requested that this rezoning be considered. No one appeared to speak in favor of the rezoning. The following persons appeared to speak in opposition to the re- zoning: Leo Sa.lvail, 2522 Willow Avenue; C. C. Henderson, 2524 Mellonville Avenue; and Earl Evans, 2514 Orange Avenue. Mr. Salvail submitted a petition signed by lb residents out of the 28 existing homes in the area under consideration for rezoning; all opposed to the rezoning. Planning and zoning Commission October 4, 1973 Page 2 --------------------------------------------------------------- - - - - -- After consideration and discussion, Mr. Blacksheare made a motion to recommend to the City Commission that the zoning of Lots 1 through 87 and 92 through 105, inclusive, of Oak Hill Addition, not be changed. The motion was seconded by Mr. Berrien and carried by a unanimous vote. Mr. Everett Harper next presented a site plan for a Pizza Hut resta- rant, proposed location at the southwest corner of French Avenue -and 20th Street in RC -1, Restricted Commercial District. Mr. Don Royer, owner of the property was also present. After consideration of the curb cut for a driveway on French Avenue, Mr. Harper agreed to re- work the site plan, changing the entrance and exit. After con- sideration that the area was not zoned properly for a restaurant, Mr. Royer agreed to make application for the rezoning of the two lots involved and the adjacent lot to the south to GC -2, General Commercial District, and the date of October 18, 1973, was set for a public hearing. A revised site plan for a commercial building for the Cut Rate Beer lounge at the location of the southwest corner of Mangoustine Ave- nue and 13th Street, which showed provision for eight off- street parking spaces on Lot 16 of South Sanford, on the south side of 13th Street, was next considered. These eight parking spaces in addition to the on -site spaces fulfilled the requirements of the zoning ordi- nance for off - street parking. On the motion of Mr. Logan, seconded by Mr. Davis and carried, the site plan was approved with the stipu- lation that before a building permit is issued, a letter from Mrs. Sherman, the owner, be on file. This letter is to state that she understands and agrees to either close her business, or change to one that will meet the requirements, or find other approved parking, if Lot 16 becomes unanvailable to her business. Mr. Quintus Ray next appeared before the board for an interpretation of the zoning ordinance for uses permitted in RMOI Districts. Mr. Ray desires to sell property located on West First Street in RMOI District. He has had prospects of selling either for a day care center, or a motel. The consensus of the board was that neither of these uses would be permitted uses in RMOI. Consideration was next given to a request from the City Commission regarding requirements for a PUD of 20 acres, or a mini -PUD. The consensus of the board was that the same guidelines for PUD zoning should be used. After discussion, the Planning Consultant was requested to submit his recommendation for additions to the PUD zoning requirements to be discussed at the next meeting. The Chair- man requested that the City Commission be asked for specific items for recommendations for a mini -PUD. Planning and Zoning Commission October 4, 1973 Page 3 In an answer to a question from the Building Official on operating hours in RC -1 District, the decision of the board was that opera- ting hours cannot be defined in the zoning ordinance. It was also determined that sit -down restaurants are not included as a per- mitted use in RC -1, Restricted Commercial District. After discussion, on motion of Mr. Sloan, seconded by Mr. Gischler and carried, a public hearing was set for the date of October 18, 1973, to consider amending the zoning ordinance to include motels as a conditional use permitted in RMOI, Multiple - Family Residential, Office and Institutional District. Mr. Roy Donald next appeared t6 inquire about the possibility of operating a Tool Rent -All business in RC -1, Restricted Commercial District, at the location of 24th Street and French Avenue. The Chairman informed Mr. Donald that this would not be a permitted use in RC -1 District and that the proper zone for this type of business would be GC -2, General Commercial District. A request from Central Florida Builders for a change in the approved landscaping for the parking lot for the apartment complex, Country Club Manor, was next considered. After discusssion, trees instead of a planter box were approved; but, a fence was required for the entire north property line, as stipulated on the -orina1 approved site plan. After consideration, on the motion of Mr. Gischler, seconded by Mr. Logan and carried, approval of a conditional use in GC -2, General Commercial District, to permit the sale of beer and wine for con - consumption on the premises at 1316 West 13th Street, was granted to Mr. C. B. Franklin. Mr. Franklin abstained from voting. After discussion, and on the recommendation of the Planning Consultant, a public hearing was set for October 18, 1973, to consider amending the zoning ordinance to include as a conditional use in MR -1, colleges, vocational and technical schools, high schools and public buildings. On the motion of Mr. Berrien, seconded by Mr. Blacksheare and carried, the minutes of the meeting of September 20, 1973, were approved. The Building Official reported that the Friendship and Union Society Lodge at 621 Locust Avenue had been condemned, Since this is a non- conforming use in SR -1, Single - Family Residential Dwelling District, they are unable to rebuild. After discussion, the consensus of the board was that if the - lodge wauld request rezoning to RC -1, Restricted Planning and Zoning Commission October 4, 1973 Page 4 Commercial District, it would be given favorable consideration. There being no further business, the meeting was adjourned. Arthur H. Harris, Chairman