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Home My WebLink About05.17.12P-77— � City of Sanford Planning and Zoning Commission Thursday — May 17, 2012 City Commission Chambers Sanford City Hall 1 Floor 300 North Park Avenue, Sanford, Florida Meeting Agenda 10 AM Call to Order Moment of Silence Pledge of Allegiance Approval of Minutes • May 3, 2012 Regular Meeting Minutes Public Hearings PH -1 Hold a Public Hearing to consider a Conditional Use request for an Urban Infill Redevelopment project to establish residential uses in a GC -2, General Commercial zoning district at 815 French Avenue. Tax Parcel Number: 25- 19- 30 -5AG- 1008 -0000 Property Owner: City of Sanford Representative: RT Hillery, Executive Director — Florida SPECS, Inc. PH -2 Hold a Public Hearing for a rezoning request to amend the Brisson East Planned Development by changing the approved townhome units to 40 foot wide single family lots at 3795 Brisson Avenue. Tax Parcel Numbers: 17 -20 -31 -501- 0000 - 0010/0030/0040/0080 Property Owner: Brisson Inv. Inc. Representative: Stephen H. Coover - Hutchison, Mamele & Coover, P.A. Development Plans DP -1 Consider the revised Preliminary Subdivision Plan for the Brisson East Planned Development located at 3795 Brisson Avenue. Tax Parcel Numbers: 17 -20 -31 -501- 0000 - 0010/0030/0040/0080 Property Owner: Brisson Inv. Inc. Representative: Stephen H. Coover - Hutchison, Mamele & Coover, P.A. Citizen Participation Staff Reports • Update on re establishing time restrictions for executing Development Orders Commissioners Reports Adjournment In accordance with the Americans with Disabilities Act, persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk at 407.688.5010 at least 48 hours in advance of the meeting. Advice to the public: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he or she may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) Page 1 of 1 Minutes Planning and Zoning Commission May 17, 2012 - 10 AM City Commission Chambers City Hall, Sanford, Florida Members Present Jerry Mills, Chairman Steve Esler, Vice Chairman Eddie Green Michael Padgett Michael Loader Steve Newton Lindsay Oyewale Others Present Jennifer Nix, Assistant City Attorney Russ Gibson, Director of Planning and Development Dave Richards, Development Services Manager John Schultheis, Planning Engineer Mary Moskowitz, Planner Mary Muse, Administrative Coordinator Mr. Mills called the meeting to order at 10 AM. Moment of Silence Pledge of Allegiance Minutes Mr. Loader moved to approve the Minutes of the May 3, 2012 Regular Meeting. Mr. Newton seconded. Motion carried 7 -0. Public Hearings Hold a Public Hearing to consider a Conditional Use request for an Urban Infill Redevelopment project to establish residential uses in a GC -2, General Commercial zoning district at 815 French Avenue. City of Sanford, property owner; RT Hillery, Executive Director — Florida SPECS, Inc., representative. Mr. Green disclosed he had a voting conflict based on a relationship to the applicant and would be abstaining. The required written memorandum of voting conflict has been filed by Mr. Green and is hereby part of these minutes. Ms. Oyewale moved to approve the request per staff's amended recommendation (added item #7: regardless what project is built on this site, the maximum number of stories is five and the maximum building height is 70 feet). Mr. Newton seconded. Motion carried 6 -0 (Mr. Green abstained, all others in favor). Mr. Mills read the following statement: "Please be advised that any person aggrieved by this decision of the Board may appeal such determination to the City Commission by filing a written appeal and paying associated fees through the City Clerk's Office within thirty (30) calendar days of the Board action. Contact the Planning Department or City Clerk's office for additional information." Minutes —May 17, 2012 Planning and Zoning Commission Page 2 Hold a Public Hearing for a rezoning request to amend the Brisson East Planned Development by changing the approved townhome units to 40 foot wide single family lots at 3795 Brisson Avenue. Brisson Inv. Inc., property owner; Stephen H. Coover - Hutchison, Mamele & Coover, P.A., and Bill Fogle, P.E. -- Civil Design Group - representatives. Robert Zlatkiss — Brisson Investments, Inc. was also present. Mr. Loader disclosed he met with the representative to discuss the project, but will vote based on the information and discussions held during the public hearing. Mr. Esler disclosed he was contacted by representative, but declined a meeting. Mr. Mills disclosed he received a call from the representative's assistant, but did not return the call. Present to speak were Melanie Beadling, Joann Droz and Michael Droz. Their main concerns were stormwater run -off, protecting the tree canopy along Brisson Avenue, and the piping of the ditch along Brisson Avenue. Mr. Esler moved to approve the revised Preliminary Subdivision Plan per staff's recommendation with the conditions set forth in the draft Ordinance. Mr. Gibson informed the board the motion needs to be for the rezone amendment, not the preliminary subdivision plan. Mr. Esler withdrew his motion. Mr. Esler moved to recommend approval to the City Commission per the draft Ordinance with the nine conditions. Mr. Loader seconded. Motion carried 6 -1, Mr. Green against. Mr. Mills read the following statement: "Please be advised that the Sanford City Commission is tentatively scheduled to consider the Planning and Zoning Commission's recommendation on June 11, 2012. Contact the Planning Department or City Clerk's office for additional information." Development Plans Consider the revised Preliminary Subdivision Plan for the Brisson East Planned Development located at 3795 Brisson Avenue. Brisson Inv. Inc., property owner; Stephen H. Coover - Hutchison, Mamele & Coover, P.A., representative. Mr. Esler moved to approve the revised Preliminary Subdivision Plan as recommended by staff with the inclusion of items 1 -9 in the draft ordinance. Mr. Loader seconded. Motion carried 6 -1, Mr. Green against. Citizen Participation None. Staff Report After discussion regarding re- establishing time restrictions for executing Development Orders, the consensus of the board was to establish a policy of a 90 day execution time period. Minutes —May 17, 2012 Planning and Zoning Commission Page 3 Commissioners Reports Mr. Mills asked if Mr. Green's density concerns could be addressed during the City Manager's visioning process for the City. Mr. Gibson reported addressing the boards concerns and objectives would be during the visioning and strategic planning process, as well as contacting staff at any time. The City Commission is scheduled to consider the agreement with Renaissance Planning Group, the consulting firm who will be handling the visioning plan, on June 11, 2012. Mr. Newton asked about the status of Wastepro's landscaping along the street. Mr. Gibson reported the City has approved plans for them to make the improvements in accordance to City code. The City has received an appeal from an adjoining property owner, which is to be considered at the June 11, 2012 City Commission meeting. Until the appeal is addressed the City has to stay any work associated with the permitted work. Mr. Newton reported there is an accumulation of trash and debris along the fence line. Mr. Esler reported Darrell Presley is working on a letter to send to U -Haul regarding the storing of vehicles on site. Ms. 4yewale asked if the land swap issue would resolve the law suit filed. Mr. Gibson reported he was not sure if the land swap would mitigate the lawsuit issue, but once the city takes ownership of the property- the City will take some type of action to terminate the zoning approval. Adjournment There being no further business, the meeting adjourned at 12:08 PM. �lJ s, - Chairman FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME�vII LE NAME / NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE r_eP n Le zeio,- vt MAI Vr4G ADDRE THE BOARD, COUNCIL/COMMISSION, AUTH OR COMMITTEE ON ! r, " 5" S N �@ W I SERVE IS A UNIT OF. CITY COUNTY CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY , 77 f NAME OF POLITICA1 IV ION_ DATE ON WHICH VOTEOCCUR4t D aC ` ! & Yt� C' C INm"f 910-1 T MY POSITION IS: � ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and nor advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes_ Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity_ For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: ~ Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before matting any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes (Continued on other side) (.;t I -ORM 813 - EFF, 112000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed - IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating- YOU must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. //_ DISCLOSURE OF LOCAL OFFICER' INTEREST I, f: 4 ►j " r e e it hereby disclose that on ' ' L l�. y / 7 r (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of �` rrJ9rt J Pye d��y1t°� �ro i ^ CL whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: V5 Fr h be by which ��2 f U fir► rx �+ ,' �j n v� �PIn r°n / -� cop? �t o 1 (l r� to n r y � cle ve lYlvi-41 ayt 6 ��C_ /r30 d/r/ Oar ,M� I Q/1� rC�cl� 'SI�OS�/re �al 9j "e ' TJ i plje Ohl / 9 q ,'4J m.- los , �, �� l r to 1 Xljowq. Date Filed � �— Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. ,20 /a CE FORM 8B - EFF. 112000 PAGE 2