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Home My WebLink About06.05.14City of Sanford Planning and Zoning Commission Thursday — June 5, 2014 City Commission Chambers Sanford City Hall 1 St Floor 300 North Park Avenue Sanford Florida Meeting Agenda 10 AM Call to Order • Meeting called to order by Chairman Mills Ceremonial Matters • Moment of Silence • Pledge of Allegiance Business of the Commission Approval of Minutes • May 1, 2014 Regular Meeting Minutes Public Hearings PH -1 Hold a Public Hearing to Rezone 6.74 acres located at 520, 530 and 541 N. Palmetto Avenue from SC -3, Special Commercial to PD, Planned Development for Marina Isle, a proposed mixed use development. Tax Parcel Numbers: 25 -19 -30 -515- 0000 -0020, 25 -19 -30 -515- 0000 -002A, 25-19-30- 515 -0000- 001A, 25 -19 -30 -515- 0000 -00113 and a portion of 25 -19 -30 -515- 0000 -0010 Property Owners: City of Sanford and TFA IV LLC Representative: Javier E. Omana, CNU -a - CPH Engineers, Inc. Citizen Participation Staff Reports Commissioners Reports Adjournment Pledge of Civility. A resolution was adopted by the City Commission of the City of Sanford recognizing the importance of civility, decency, decorum and respectful behavior in promoting citizen participation in a democratic government. The City of Sanford calls upon the elected officials, employees, and the public to exercise civility toward each other. (Resolution No. 2226, adopted April 11, 2011) 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 407.688.5012 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 June 5, 2014 - 10 AM City Commission Chambers City Hall, Sanford, Florida Members Present Jerry Mills, Chairman Steve Esler, Vice Chairman Michael Padgett Eddie Green Carsandra Buie Michael Loader Lindsay Oyewale Joshua Dane, Alternate Member Others Present Lonnie Groot, Assistant City Attorney Russ Gibson, Planning and Development Services Director Bob Turk, Economic Development Director Sabreena Colbert, Planner Mary Muse, Administrative Coordinator Mr. Mills called the meeting to order at 10 AM. Moment of Silence Pledge of Allegiance Approval of Minutes Mr. Esler moved to approve the May 1, 2014 Meeting Minutes. Ms. Oyewale seconded. Motion carried 7 -0. Public Hearings Hold a Public Hearing to Rezone 6.74 acres located at 520, 530 and 541 N. Palmetto Avenue from SC -3, Special Commercial to PD, Planned Development for Marina Isle, a proposed mixed use development. City of Sanford and TFA IV LLC, property owners; Javier E. Omana, CNU -a — CPH Engineers, Inc. and Frank Cerasoli - TFA IV, LLC, representatives. Mr. Esler stated he has had discussion with Mayor Triplett, former Mayor Kuhn, and staff. Mr. Mills stated he has had discussion with former Mayor Kuhn and will recuse himself from this public hearing due to him providing architectural services to the applicant. Mr. Mills passed the gavel to Vice Chairman Esler. Mr. Loader made a motion to recommend City Commission adopt ordinance to rezone 6.74 acres located at 520, 530 and 541 N. Palmetto Avenue from SC -3, Special Commercial to PD, Planned Development subject to the conditions as recommended by staff and omitting numbers five, six and eight of the proposed uses by applicant. Mr. Padgett seconded. After discussion from Mr. Green, Mr. Loader removed his motion and Mr. Padgett removed his second. Planning and Zoning Commission June 5, 2014 Meeting Minutes Page 2 After further discussion with the applicant, Mr. Loader made a motion to recommend City Commission adopt ordinance to rezone 6.74 acres located at 520, 530 and 541 N. Palmetto Avenue from SC -3, Special Commercial to PD, Planned Development subject to the conditions as recommended by staff and per the amendment noted by applicant to remove numbers five and six of the proposed uses. Ms. Buie seconded. Motion failed 2 to 4 (For: Loader and Buie; Against: Padgett, Green, Esler, Oyewale; Abstained: Mills). Ms. Oyewale moved to recommend denial to the City Commission to adopt an ordinance to rezone 6.74 acres located at 520, 530 and 541 N. Palmetto Avenue from SC -3, Special Commercial to PD, Planned Development as amended by the applicant. Mr. Padgett seconded. Motion carried 4 to 2 (For: Oyewale, Padgett, Green, Esler; Against: Loader and Buie; Abstained: Mills). Citizen Participation None. Staff Reports Mr. Gibson informed the board there are no public hearings scheduled for the June 19` meeting, but there may be a non - public hearing item. The July 3` meeting is canceled due to City Hall being closed. There will be public hearing items considered at the July 17` meeting. Mr. Gibson distributed a SunRail Total Boardings report showing the number of boardings since May 19`'' Mr. Gibson informed the board once he receives concepts that are being considered for the Amtrak Gateway Corridor improvements he will forward them. Mr. Gibson reported the consultants have completed the Aloma Spur Study and there will be a presentation at the June 23` MetroPlan meeting. Commissioners Reports Mr. Mills requested the board receive reminders about any public meetings that are being held. Mr. Esler asked staff if there were any codes of conduct for the City Boards. Mr. Groot said he would forward some information to the board. Adjournment There being no further business, the meeting adjourned at 11:44 1 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUT�ORITY, OR COMMIT MAILING ADDRESS ' A , _ 1157 s THE BOARD, COUNCIL, COMMISSION, AUTHORn OR COMMITTEE ON WVCH I SERVE IS A UNIT OF: Y CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY ^ � COUNTY ri<i:"?k..i r;Z_c) E i � NAME OF POLITICAL SUBDIVISION: # � l t or— DATE ON WHICH VOTE OCCURRED q f r^� 2 1 rt �-�` r G.i MY POSITION IS: -. O ELECTIVE 4 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 non - 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 making 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 oth side) CE FORM 813 - 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 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'S INTEREST t fig- , hereby disclose that on i)r4 2014 : (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 by whom I am retained; or inured to the special gain or loss of y L- which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my ag m and the nature of my confli ting interest in the measure is as fol ows: 15 a'D� 6f tM Date Filed 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 PENAL NOT TO EXCEED $10,000. CE FORM 8B - EFF. 112000 PAGE 2