Loading...
HomeMy WebLinkAbout04.06.06City of Sanford PLANNING &ZONING COMMISSION Thursday -April 6, 2006 City Commission Chambers, 1 st Floor, Sanford City Hall 300 North Park Avenue, Sanford, Florida Regularly Scheduled Meeting 7 PM Approval of Minutes • March 16, 2406 Regular Meeting Minutes Acceptance of Proof of Publication Development Plans DP -1 Consider the Preliminary Subdivision Plan for Falcon Development, a proposed 9.73 acre commercial retail shopping center at 1301 Rinehart Road Tax Parcel Numbers: 32 -19 -3 0- 300 - 0020 -0000, 32- 19 -30- 541- 0440 -0100 and 32-19-30-501-0000-005A Property Owner: Rhinehart Road Partners, LLC Representative: Richard Unger - Miller, Sellen, Conner & Walsh, Inc. Public Hearings PH -1 Hold a Public Hearing to consider a Conditional Use for an Urban Infill Redevelopment project to expand the site area and site improvements for Vehicle Sales and Repairs for CMC Automotive at 307 W. 3 rd Street Tax Parcel Numbers: 25 -19 -3 0 -5 AG -05 06 -001 A, 25 -19 -3 0- 5AG -05 06 -0000, 25 -19 -3 0- 5AG -05 05 -0000 Property Owner/Representative: James Dunn -- JLD Interest PH -2 Hold a Public Hearing to consider a Conditional Use for Urban Infill Redevelopment to establish Xtreme KJeen, an automotive car wash facility at 2515 French Avenue Tax parcel Number: 01- 20 -30- 504 -1400 -0070 Property Owner: JDL Investments, Inc. Representative: Damien Van Der Putten — Citadel Construction PH -3 Hold a Public Hearing to consider a Conditional Use request to allow Outdoor Storage for MasTec located at 2380 W. 25"' Street Tax Parcel Number: 35-19-30-300-0300-0000 Property Owners: Jeno F. Paulucci and Lois M. Paulucci, CO TRS Representative: Ray Maikkula — MasTec North America PH -4 Hold a Public Hearing to Rezone 142 acres from Agriculture to PD, Planned Development for white Cedar, a proposed mixed -use development at 480 N. white Cedar Road Tax Parcel Numbers: 16- 19- 30- 5AC - 0000 -89A, 16- 19- 30- 5AC- 0400 -0590, 16- 19- 30- 5AC - 0000 -089B, 16- 19 -30- 5AC -0000 -0900, 16- 19 -30- 5AC - 4404 -0720, 16- 19 -30- 5AC - 0000 -072B, 16- 19 -30- 5AC - 0000 -072A, 16- 19 -30- 5AC - 0000 -0720, 16- 19 -30- 5AC - 0044 -0730, 16-19 -30- 5AC - 4000 -064A, 16- 19- 30- 5AC 0000 -0560, 16- 19 -30- 5AC - 4400 -0640, 16- 19 -30- 5AC -0000 -0570, 16- 19- 30- 5AC - 0000 -00L0, 16- 19- 30- 5AC-0040 -0800, 16- 19- 30- 5AC -4000 -4740, 16- 19 -30- 5AC - 0000 -075B, 16- 19 -30- 5AC -0000 -0750, 16- 19 -30- 5AC - 0000 -0630, 16- 19 -30- 5AC - 0000 -090A, 16- 19 -30- 5AC - 0000 -0930, 16- 19 -30-- 5AC - 0000 -0940, 16- 19 -30- 5AC - 0040 -052A 16- 19- 30- 5AC - 0000 -082B, 16- 19- 30.5AC- 0444 -082C, 16- 19- 30- 5AC - 4444 -0810, 16- 19 -30- 5AC - 4400 -081A Property owners: Richard & Jean Barnett, Edward Ki.rchoff, Henry Lo, Feller outdoor, Inc., Helen Williams, David Lepach, First Pentacostal Church, Ray Castro, white Cedar Estates, Charles & Ann Simpson, Wayne Densch Dev., Donald L. Moore, Jr., Highmoore LLC and Claudette W. Behrens Trustee Representatives: Jeffrey J. Newton — DR Horton; Ken Wright/Robin Drage -- Shutts & Bowen, LLP Page 1 of 2 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 2 of 2 MINUTES PLANNING & ZONING COMMISSION MEETING OF APRIL 6, 2006 7 PM CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT Ross Robert, Chairman Andy Kutz, Vice Chairman Brian Volk Richard Huber Rami Yosefian Bobby VonHerbulis Otto Garrett MEMBERS ABSENT Carol Dennison, excused Eddie Green OTHERS PRESENT Russ Gibson, Director of Planning and Development Services Larry Robertson, Development Services Manager Dave Richards, Engineering Assistant Leo Cruz, Planner Mary Muse, Secretary Mr Robert called the meeting to order at 7 PM. �1 t 10l Mr. Kutz moved to approve the Minutes of the March 16, 2006 Regular Meeting. Mr. Huber seconded. All in favor. Motion carried. PROOF OF PUBLICATION Mr. Garrett moved to accept the proof of publication for the Public Hearings being considered. Mr. Kutz seconded. All in favor. Motion carried. DEVELOPMENT PLANS Consider the Preliminary Subdivision Plan for Falcon Development, a proposed 15.3 acre commercial retail shopping center at 1301 Rinehart Road; Rhinehart Road Partners, LLC, owner Eric Warren — MSCW, representative. Mr. Kutz moved to approve the PSP per staff s recommendation. Mr. Huber seconded. All in favor. Motion carried. PUBLIC HEARINGS Hold a Public Hearing to consider a Conditional Use for an Urban Infill Redevelopment project to expand the site area and site improvements for Vehicle Sales and Repairs for CMC Automotive at 307 W 3rd Street; James Dunn- JLD Interest, owner and representative. Mr. VonHerbulis moved to approve the request per staff's amended recommendation (a Unity of Title being required). Mr. Yosefian seconded. Mr. Kutz abstained, all others in favor. Motion carried. MINUTES -- APRIL 6, 2006 PLANNING AND ZONING COMMISSION PAGE 2 Hold a Public Hearing to consider a Conditional Use for Urban Infill Redevelopment to establish Xtreme K1een, an automotive car wash facility at 2518 French Avenue; JDL Investments, Inc., owner, Damien Van Der Putten- Citadel Construction, representative. Phyllis Frediani and Nancy Terwilleger were present to speak. They were concerned about the increase of traffic in their neighborhood, if the lot on the corner of Hiawatha and Santa Barbara Drive was being built on, lighting from the site, and buffer requirements for the adjacent residential properties. Mr. VonHerbulis moved to approve the request per staff's recommendation with the addition that a four (4) foot decorative fence with columns, which would be consistent with the architectural features of the building, shall be installed along US 17/92. Mr Kutz seconded. All in favor. Motion carried. Hold a Public Hearing to consider a Conditional Use request to allow Outdoor Storage for MasTec located at 23 80 W. 25th Street; Jeno F. Paulucci and Lois M. Paulucci, CO TRS, owners. A letter to table the request was presented by staff on behalf of the applicant, William Burkett - Burkett Engineering. Per the applicant's request, Mr. Kutz moved to table to a time uncertain. Mr, Volk seconded. All in favor.. Motion carried. Hold a Public Hearing to Rezone 142 acres from Agriculture to PD, Planned Development for white Cedar, a proposed mixed -use development at 480 N. White Cedar Road; Richard & Jean Barnett, Edward Kirchoff, Henry Lo, Keller Outdoor, Inc., Helen Williams, David Lepach, First Pentacostal Church, Ray Castro, White Cedar Estates, Charles & Ann Simpson, Wayne Densch Dev., Donald L. Moore, Jr., Highmoore LLC and Claudette W. Behrens Trustee, owners; Ken Wright- Shutts & Bowen, LLP, Bill Barfield — DR Horton and Bob Koch — Fugleburg Koch, representatives. Present to speak in favor of the request were Chris Kelley representative for Eoghan Kelley and Tom Ball, Commercial Real Estate Broker - representative for 16 of the land owners requesting the rezone. Present to speak in opposition of the rezone was Michael Frightner of Maronda Systems. Mr . Frightner informed the board that his plant produces materials to build homes and they work 24/7 and is very concerned that in the future there will be complaints about their noise. He had understood that there would be industrial around them, not residential. Present to speak (not in favor or against the request) were Sid Vihlen, Jr_-- representative for the private (Cox Lumber, Waste Services and the 18 -lot industrial park) /public partnership with the City, Bill Grimes -Cox Lumber, and John McGarvey -Waste Services Recycling Plant. They were seeking conveyance of the needed remaining right -of -way along White Cedar Road and Church Street from DR Horton and Chris Kelley that is necessary for them to construct the road for their approved projects and existing businesses. Mr. Volk moved to approve the rezone but not in accordance to the proposed PD Master Plan but with the right -of- way being worked out on White Cedar Road and Church Street, buffer zones are required on all sides that would abut future and present industrial zones, and up to 1,040 +/- residential units, which applicant is to work with staff on the number of units. Mr. Yosefi.an seconded. Motion carried by a vote of 4 to 2. Those for the motion were Volk., Yosefian, Robert, and Garrett. Those against were Kutz and Huber. VonHerbulis abstained. CITIZEN PARTICIPATION None. STAFF REPORTS A staff report was included in the agenda packet for the board's review. Mr., Gibson informed the board that the objective of the joint work session With the City Commission is to address procedures for Planned Developments. Mr . Gibson reported that the City Commission has designated a portion of E. SR46 to be renamed to Dr. Martin Luther King, Jr. Boulevard and the Fresenius appeal is scheduled for the April 24th City Commission meeting. Mr. Gibson informed the board that the City is applying for a grant from the Florida Department of Agriculture and Consumer Services to fund an Urban Forestry position and training for staff to use the City's tree survey to monitor the trees and asked if the Chairman would sign a letter showing support from the Planning and Zoning Commission. MINUTES — APRIL 6, 2006 PLANNING AND ZONING COMMISSION PAGE 3 COMMISSIONERS REPORTS Mr. VonHerbulis asked about the items that are being stored outside along the east side of the Hudson Furniture building. Mr. Gibson stated that he would check and report back. ADJOURNMENT There being no further business, the meeting adjourned at 10:30 PM. Ross Robert, Chairman FORM 813 MEMORANDUM OF VOTING CONFLICT FOR _ BOUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS L M —FIRST NAME -- MIDDLE N . ME E OF BOARD, COUNCIL, COMMISSION, AUT!{ORlTY, OR COMMITTEE MAILlNG:ADDRESS THE BOARD, CO t IL, COMMISSION. HORlTY OR COMMITTEE ON nrIL �t A0 1 4. 9' - . �, �:p. WHICH I SERVE IS A UNIT OF: CIT C . N - n , d COUNTY 0 OTHER LOCAL AGENCY NAME f LITICAL SU VI N: f 1 DATE ON , ICH VOTE OCCURRED t' MY POSITION ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B 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 'As to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- su, a 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. 1 63.356 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 - - law, son - - law, and daughter - - 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. OU 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 forma in the minutes. (Continued on other side) CE FORM £3B - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agenc • 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. g • You must complete the form and file it within 15 days after the vote occurs with the person responsible for of the form mu P recording the minutes of the meeting, who must incorporate the form in the minutes. A copy 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 I ' , hereby isclose that hat on _ , 2g: (a) A easure 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 whom I am retained; or IUA inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure befor my agency and the nature of my conflicting interest in the measure is as follows: S 4 Date Filed Sig n ---- ature 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 CIVIL PENALTY NOT TO EXCEED $10,000. SALARY, REPRIMAND, OR A CE FORM SB EFF. 112000 PAGE 2 FORM 86 MEMORANDUM OF VOTING CONFLICT FOR BOUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS L •I M IRST E DDL NAME N E.C3F BOARD, COUNCIL, COMMISSION, AUTHORITY, aR OQIVINIITTEE 1.4 MAILI Qf3R THE BOARD, COtlNC! 6 . OMMISSION, AUTHOR! .R COMMITTEE ON •, WHICH I SERVE Is A OF: CITY F COUNTY - ITY C3 COUNTY El O THER LOCAL AGENCY LF P _ LITICAL S T I.VI N: DAT ON W H, VOTE OCCURRED MY P sITiO - - _ ❑ ELECTIVE ROINTtVE 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 fling 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 �s to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- su, a 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. 153.355 or 153.357, 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. DU 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 other side) CE FORM 8B - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. Y 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 resp onsible for recording meeting, who must incorporate the Form in the minutes. A co of the form must p the minutes of the PY s be provided immediately to 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 rl:t� hereby disclose that on A r 20 (a) A m asure 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 whom I am retained; or by inured to the special gain or loss of which 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: r Date Filed ' � - Ignature 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 SAL CIVIL PENALTY NOT TO EXCEED $10,000. SAL ARY, REPRIMAND, OR A CE FORM SB - EFF. 112000 PAGE 2