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Home My WebLink About04.19.07 City of Sanford PLANNING & ZONING COMMISSION Thursday - April 19, 2007 City Commission Chambers, 1st Floor, Sanford City Hall 300 North Park Avenue, Sanford, Florida Regularly Scheduled Meeting lOAM Approval of Minutes · March 15,2007 Regular Meeting Minutes Acceptance of Proof of Publication Consent Agenda C-l Approve the Final Plat for Tusca Place - South (fka Celery Estates South, Phase 2) at 1501 Brisson Avenue Tax Parcel Number: 32-19-31-300-013A-0000 Property Owner: Suncon Development, LLC Representative: Trooper Lee - CPH Engineers Public Hearings PH -1 Conditional Use for an Urban Infill project to establish two adjacent townhome projects, Mission Townhome and Simon Park Avenue Townhomes at 2545 and 2575 Park Avenue Tax Parcel Numbers: 01-20-30-506-0000-2250 and 01-20-30-506-0000-2310 Property Owners: Mission Homes LLC & Jack K. Shea and Stephen D. & Janice L. Simon Representatives: Robert C. Dietz - Mission Homes and Stephen D. Simon PH-2 Variance to reduce setbacks and buffer requirements along the east and west property line for Keller Outdoor at 2150 Marquette Avenue. Tax Parcel Numbers: 08-20-31-301-0030-0000 and 08-20-31-30 1-003D-0000 Property Owner: Keller Outdoor, Inc. Representative: David Rodd - McKee Construction PH-3 Rezone 19.5 acres from AG, Agriculture to PD, Planned Development for a proposed warehouse distribution facility. Tax Parcel Numbers: 16-19-30-5AE-0000-ono/OnA/OnB/OnC/0730 Property Owner: Von Companies, LLC Representative: David Rodd - McKee Construction Staff Reports Citizen Participation Commissioners Reports Adjournment 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 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) Persons with disabilities needing assistance to participate in any of these proceedings should contact the ADA Coordinator at 407.330.5626, 48 hours in advance of the meeting. Page 1 of 1 MINUTES PLANNING & ZONING COMMISSION MEETING OF APRIL 19, 2007 10 AM CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT Ross Robert, Chairman Brian V olk Eddie Green Richard Huber Rami Y osefian , Bobby V onHerbulis Otto Garrett :MEMBERS ABSENT Andy Kutz, Vice Chairman ... excused Carol Dennison - excused OTHERS PRESENT Larry Robertson, Development Services Manager Eileen Hinson, Senior Planner Mary Muse, Administrative Coordinator Mr. Robert called the meeting to order at 10 AM~ MINUTES Mr. Volk moved to approve the Minutes of the March 15, 2007 Regular Meeting. Mr~ VonHerbulis seconded. All in favor. Motion carried 7...0. PROOF OF PUBLICATION Mr. Yoseflan moved to accept the proof of publication for the Public Hearings being considered. Mr. Green seconded~ All in favor. Motion carried 7-0. CONSENT AGENDA Approve the Final Plat for Tusca Place-South (fka Celery Estates South, Phase 2) located at 1501 Brisson Avenue~ Suncon Development, LLC, property owner. Mr. Robertson added an additional recommendation that the plat shall not be recorded until the infrastructure is installed and approved, as well as all required documentation is submitted and approved. Mr. Yosefian moved to approve the Final Plat per staffs amended recommendation. Mr. Green seconded~ All in favor. Motion carried 7-0. PUBLIC HEARINGS Hold a Public Hearing to consider a Conditional Use for an urban infill project to establish two adjacent townhome projects, Mission Townhomes and Simon Park Avenue Townhomes, located at 2545 and 2575 Park Avenue. Mission Homes LLC & Jack Kt Shea and Stephen Dt & Janice L. Simon, property owners; Robert C. Dietz~Mission Homes and Stephen D. Simon, representatives. Robert Zittrower was present to speak about the drainage problems they are currently having in the area and wanted to make sure this project would not create additional issues. MINUTES - APRIL 19, 2007 PLANNING AND ZONING COMMISSION PAGE 2 Mr. VonHerbulis moved to approve the Conditional Use per staff's recommendation with a modification to allow fifteen-foot side yard setbacks for the Mission Townhome project (2545 Park Avenue) and requested staff to have Public Works investigate the stormwater run off and possible flow restriction at 25th Street and Park Avenue. Mr. Green seconded. All in favor. Motion carried 7-01 Mr. Robert reported there is a dip in the road at 25th Place and Park Avenue, which may be a result of a collapsed clay pipe~ Mr. Robertson stated he would have it checked and report back. Hold a Public Hearing to consider a Variance to reduce setbacks and buffer requirements along the east and west property lines for Keller Outdoor at 2150 Marquette A venue~ Keller Outdoor, Inc., property owner; David Rodd and Robert VonHerbulis - McKee Construction, representatives. George Mullins and Bruce Glaspey were present to speak. They were concerned about the noise and requested the buffer wall be required. After a brief discussion between the representatives and the adjacent property owners, Mr. Y osefian moved to approve the Variance per staffs recommendation with the following changes: 1) allow a ten-foot building setback and landscape buffer on the west side (by shifting the larger building along west side ten feet from property line, the parking will be on the east side of the building which would eliminate traffic and parking along the west property line adjacent to the residences); allow a ten-foot landscape buffer on the east side; and delete the wall requirement along the west property line. Mr. Green seconded. All in favor. Motion carried 6 to 0, with Mr~ V onHerbulis abstaining~ Hold a Public Hearing to consider a Rezone for 19.5 acres from AG, Agriculture to PD, Planned Development for a proposed warehouse distribution facility. Von Companies, LLC, property owner; David Rodd-McKee Construction and Robert V onHerbulis- V on-Companies, LLC, representatives. Mr. Green moved to approve the Rezone per staff's recommendation~ Mr~ Huber seconded. All in favort Motion carried 6 to 0, with Mr. VonHerbulis abstaining. STAFF REPORTS A staffreport was distributed for the board's review. In reference to the traffic signal at Northstar Industrial Park, Mr~ VonHerbulis stated Bank First granted a five-foot easement to allow the signal pole to be placed on their property because there was a design flaw with FPL. Mr. Robert asked staff to present the Rules of Procedure at the next meeting so the board can vote on them~ COMMISSIONERS REPORTS None~ CITIZEN PARTICIPATION None. ADJOURNMENT There being no further business, the meeting adjourned at 11 :25 AM. ~~. Ross Robert, Chairman FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS DATE COUNTY :f"\o\e o ELECTIVE L. MAI4ffip ADDR y~Q, CITYL...u.~ e.. WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other loca11evel of government on an appointed or elected board. council, comm i ssion, authority t or comm tttee. It a pp~ies eq ualJy to mem bars of advisory and non-advisory bodies who are presented with a voting conti i ct of interest und e r Section 11 2.3143, Florida Statutes. Your responsibi I ities under the ~aw when faced with voting on a measure in wh ich you have a conflict of interest wi II vary greatly dependi ng on whether you hotd an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before compr eti ng the reverse si de and fi Ii ng the fonn. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holdi ng elective or appoi nlive county, municipal. or other local public office MUST ABST AI N from voting on a measu re which )s to h is or her speciat private gain or loss~ Each. elected or appointed local officer a'so is prohibited from knowingly voti ng on a mea- bu. e which in u res to the specra~ gain or loss of a pM ncipal (other than a govern ment agency) by whom he or she is retained (incl ud ing the pa rent organization or su bsidiary of a corporate pri ncipal by wh ich he or she is retained); to the special private gain or loss of are' ative: or to the special private gain or loss of a business associate. Commissioners of com munity redevelopment agencies under Sec. 163.356 or 163.357, F. S. r and officers of independent special tax districts elected on a one-acre t one-vote basis are not proh tbited from voti ng in that capacity. For purposes of this tawt a Iolre1ative" includes only the officers father, mother, son, daughter, husband, wife. brother. sister, father-in-'aw, mother -i n-~aw, son-in-taw t and daughter -i n-I aw. A ~busi ness associate" means any person or entity engaged in or ca rryi ng on a business enterprise with the officer as a partner, jOt nt ventu rer t coowner of property, or corporate sha reholder (where the shares of the corporation are not listed on a ny national or regional stack exchange) A ELECTED OFFICERS: in ad d i tic n to a bsta i n i ng from voti ng in th e situati on s descri bed above t you must d rsclose the conflict: PRlOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are a bstai n i ng from voti ng; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tHing this form with the person responsible for recording the min- utes of the meeti ng, who shou I d incorporate the fonn in the mi nutes. .. APPOINTED OFFICERS: AI though you mu st abs tatn from voting in the situa lions descri bed a bove ~ you othefWtSe may partici pate in these matte rs. However t you must disclose the nature of the conflict before making any attempt to influence the decisiont whether orally or in writing and whether made by you or at your direction. au INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DEC'SION PRIOR TO THE MEETING AT WHICH THE VOTE W~LL BE TAKEN: · You must complete and me this form (before making any attempt to influence the decisLon) with the person responsible for recording the m i n ute s of the meeti ng, who wi II i ncorpora te th e fann in the m i n utes. (Conti nued on othe r sid e ) CE FORM 88 - EFF. 1/2000 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 pu bl icly 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 I and the form must be read publicly at the next meeting after the form is fi led. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ~ 06 p f t V en l\er b~ \ ~ ,hereby disclose that on A-p ("" \ l C; ,20~: (a) A ~sure came or will come before my agency which (check one) L inured to my special private gain or loss; inu red to the special gai n or loss of my business associate, inured to the specia ~ ga rn or loss of my rerative. rnured to the spedal gain or loss of whom I am retarned; or inu red to the special gain or loss of is the parent organization or subsid iary of a pM nci pal wh ich has reta rned me. (b) The measure before my agency and the nature of my conflicti ng interest in th e measure is. as foUows: , by I which ____ihoL Date Filed ~r..:. 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 C~VIL PENAL TV NOT TO EXCEED $10tOOO. CE FORM 88 - EFF, 1/2000 ~ ~'~-3 '"R eL~ e.-kr" V~~- CDrv,pG{,\ ,eS s LLC 45\ MCClroe.- l<"o~ PAGE 2 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY: MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS C OTHER LOCAL AGENCY ci APPO INTrVE WHO MUST FILE FORM 88 This form is for use by any person serving at the countyt city. or other local Javel of government on an appointed or elected board, council. com mission . authority. or committee. It applies eq ually to members of advisory and non-advisory ood ies 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 wh ich you have a conflid of interest will vary grea tly depending on whether you hold a n elective or appointive position. For th is reason ~ please pay dose attention to the instructions on this form before com pletirig the reverse side a nd filing the form. ' INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A parsa n hold ing eledive or appointive county t municipal. or other local pUblic office MUST ABST AI N 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 yoti ng on a mea.. cure wh ich in ures to the special gain or loss of s" principa ~ (oth er than a government agency) by whom he or she is retained (incl uding the rent 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 10 the specia I private ga in or loss of a business associate. Commissioners of commun ity 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. daugh~er. husband, wife. brother~ sisterl father-in-law. mother-in-law, son..in-Iaw. and daughter-in-law. A kbusiness 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 regiona I stock excha nge). ELECTED OFFICERS: I n addition to abstain ing from voting in the situations described above. you must disclose the confl ict: P RI OR TO TH E VOTE BEl N G TAKE N by publicly stating to the assembly the n atu re of your interest in the measure on which you are abs ta ini ng from voti n9; and WI T H IN 15 DAYS AFTER THE VOTE OCCU RS by camp r eUng and fi ling th;s form with the person responsi bJ e for record i 09 th e mi n- utes of the meeting, who s hou Id incorpora te the fOml in the mi nutes. 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 ma king any attempt to influence the decision. whether orally or in \Y'f"iting 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 making any attempt to ~nfluence the decision) with the person responsible for recording the min utes of the meeting, who will incorporate the form in the m i n utes. (Co nti nued on othe r side) CE FORM 8B - EFF. 1/2000 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 pubOcly at the next meeting after the form is filed~ IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION ATTHE MEETING: · Yau must disclose orally the nature of your conftict 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 record ing the minutes of the meeti ng. who must incorporate the fann in the minutes. A copy of the form must be pi-ov1ded immed iately to the other mem bers of the agency~ and the form must be read publicly at the next meeting after the form is filed~ DISCLOSURE OF LOCAL OFFICER'S INTEREST I:~ D6eL-\- VOC\ ~ eL ~, hereby disdose that on A p r -\ \ \ '1 I 20 Ql: (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 t ~nured to the special gain or loss of MC~ ~ 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 confliding interest in the measure is as follo'NS: ,by . wh ich Date Fi1ed ~------------ 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 SALARYt REPRIMAND. OR A CIVIL PENAL TV NOT TO EXCEED $10,000. CE FORM 88 - EFF. 112000 PAGE 2 .-*-p\-\ - L ~o.r\Cl()Ce.. -\-VC \{e \\ef Dvc\-cl oar d\9J ~t>ue~ ~u.e-