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10.18.73PLANNING AND ZONING COMMISSION Minutes October 18, 1973 Members Present: Philip Logan, Vice - Chairman David Berrien Edward Blacksheare Victor Gischler Robert Karns Members Absent: Arthur Harris, Chairman Fefferson Davis C. B. Franklin Rudy Sloan Others Present: Bill Braceland, Building Official Al Payne, Building Inspector Lewis Dismukes, Planning Consultant Myles Smith, Planning Consultant's Office A. A. McClanahan, City Commissioner The meeting was called to order by Vice - Chairman Philip Logan. The first. order of business was to hold a public hearing to consider a request for the rezoning of Lots 1, 2 and 3, Boyd's Subdivision at the location of the southwest corner of French Avenue and 20th Street, from RC -1, Restricted Commercial District, to that of GC -2, General Commercial District. The Chairman announced that he would hear first from anyone who wished to speak in favor of the rezoning. Mr. Everett Harper, representing Pizza Hut restaurants, who propose to build at this location, said he thought this area lends itself better to General Commercial zoning, considering the established busi- nesses which are located on French Avenue, south to 25th Street. It was established that the hours of operation of the restaurant would be 11:00 A.M. to 11:00 P.M. on week days and 11 :00 A.M. to 12:30 or 1:00 A.M. on weekends. Mr. Don Royer, owner of the property, and Mr. Edwards of A & W Drive - In, also spoke in favor of the rezoning. Planning and Zoning Commission October 18, 1973 Page 2 City Commissioner A. A. McClanahan, speaking as a citizen and property owner, spoke in opposition to the rezoning. He referred to the Plan- ning and Zoning Commission meeting of March 15, 1973, at which time a public hearing was held to consider a request to rezone from RC -1 to GC -2, property which included the area under consideration at this present hearing. At that time ten families, opposed to the rezoning, hhd contacted him; basicly these same people, plus five more, had contacted him again as being opposed to the rezoning to GC -2. Their primary concern is with a business in a non conforming category. Mr. McClanahan gave the Burger -In as an example of a GC -2 operation which has been a nuisance and continues to be a nuisance with noise. After consideration, a motion was made by Mr. Gischler to recommend to the City Commission the rezoning of Lots 1, 2 and 3, Boyd's Subdi- vision, from RC -1, Restricted Commercial, to that of GC -2, General Commercial District, on the basis that General Commercial is a more realistic zoning for this area on French Avenue. The motion was seconded by Mr. Berrien and carried. A public hearing was next held to consider a change and amendment to the Zoning Ordinance, as follows: Article V. Use Provision, Section 7, RMOI, Multiple Family Residential, Office and Institutional District, Subsection B. Conditional Uses Permitted, Paragraph (2), be amended to read: (2) Hospitals and Motels. There was no one present to speak for, or against, the change and amendment to the Zoning Ordinance. A public heating was held to consider a change and amendment to the Zoning Ordinance, as follows: Article V, Use Provisions, Section 5, MR -1, Multiple Family Residential Dwelling District, Subsection B. Conditional Uses Permitted, Paragraph (3), be amdnded to read: (3) Colleges, vocational and technical schools, high schools, and public buildings. There was no one present to speak for, or against, the change and amendment to the Zoning Ordinance. On the motion of Mr. Gischler, seconded by Mr. Karns and carried, consideration of recommendations regarding the two amendments to Article V of the Zoning Ordinance as above described, was tabled. Mr. and Mrs. R. N. King, 2836 South Elm Avenue, next appeared before Planning and zoning Commission October 18, 1973 Page 3 ------------------------------------------------------------------ - - - - -- the board to ask that consideration be given a request for a condi- tional use in SR -1, Single- Family Residential Dwelling District, for the operation of a publication printing of a specialty - magazine. They stated all business would be conducted by telephone and there would be no increase of traffic or noise involved. After discussion, on the motion of Mr. Berrien, second of Mr. Gischler and carried, the conditional use was granted. The site plan for Pizza Hut at the location of the southwest corner of French Avenue and 20th Street was next reviewed. The alley would be paved abutting Lots 1, 2, 3, 4 and 2 of 5, Boyd's Subdivision, and the curb cut moved as far as possible from 20 th Street. It was agreed that a parking buffer would be placed between Lots 1 and 2. On the motion of Mr. Gischler, seconded by Mr. Karns and carried, the site plan for Pizza Hut was approved. Mr. 0. 0. Vest next presented a site plan for Lil Champ Food Store at the location of the northwest corner of French Avenue and 20th Street for review. It was determined that the space for off - street parking was adequate; but more landscaping would be desirable. After much discussion regarding the length of the existing curb cuts, Mr. Vest agreed to close the most westerly entrance on 20th Street. On motion of Mr. Karns, seconded by Mr. Blacksheare and carried, the site plan was approved. Mr. Bill Sanders and Mr. Art Mackey next presented the site plan for the Florida Power and Light office building at the northeast corner of Fulton Street and Myrtle Avenue. After review and discussion, the Florida Power & Light Company representatives agreed to rework the parking area and the landscaping to comply with the City Site Development Design Standards. On the motion of Mr. Karns, seconded by Mr. Berrien and carried, the site plan for the building only was approved. Mr. Jesse Graham and Mr. Bill Johnson, representing Hidden Lake, were present to request approval of a change of zoning within Hidden Lake PUD, requesting that a portion of Section 2 be rezoned for patio homes. The date of November 1, 1973, was set for a public hearing to consider such request. Consideration of the reports submitted by the Planning Consultant on Mini PUD's and permitted uses in RMOI was postponed for study by the commission members. A request for approval of a conditional use in GC -2 District, for the sale of beer and wine for consumption on the premises at the Planning and zoning Cotrariission October 18, 1973 Page 4 Pizza Hut location at the southwest corner of French Avenue and 20th Street, was considered. Mr. Everett Harper stated that the Pizza Hut organization had administrative rules concerning the serving of alcoholic beverages, one of which is that beer and wine is served only with food orders. After consideration, the motion was made by Mr. Gischler that approval of a conditional use in GC -2, General Commercial District, to permit the sale of beer and wine for con- sumption on the premises be recommended, provided that the administra- tive orders as promulgated by the Pizza Hut be incorporated into the conditions and that such conditions would be binding upon subsequent owners of the property. The motion was seconded by Mr. Berrien and carried. The minutes of the meeting of October 4, 1973, were next approved, as amended to reflect that Mr. C. E. Franklin abstained from voting on the question of approval of a conditional use in GC -2, General Commercial District, to permit the sale of beer and wine for con- sumption on the premises at 1316 West 13th Street. There being no further business, the meetingwwas adjourned. Arthur H. Harris, Chairman