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HomeMy WebLinkAbout04.21.05City of Sanford PLANNING & ZONING COMMISSION Thursday - April 21, 2005 City Commission Chambers, 1 Floor, Sanford City Hall 300 North Park Avenue, Sanford, Florida Regular Meeting Agenda - 7:00 P.M. Approval of Minutes • April 7, 2005 Regular Meeting Minutes Acceptance of Proof of Publication Development Plans DP -1 Consider the Site Plan for New Creation Lutheran Church at 550 Upsala Road Tax Parcel Number 33- 19- 30 -5AF- 0000 -0340 Property Owner: New Creation Lutheran Church Representative: Jack Reynolds — American Civil Engineering DP -2 Consider the Site Plan for Lot 2, North Seminole Business Center at 4035 W. 1 street Tax Parcel Number: 28- 19 -30- 512 - 0000 -0020 Property Owner: Night Owl Properties, LLC Representative: Bobby Von Herbulis — Night Owl Properties DP -3 Consider the Site Plan for Panda Express at 1460 Rinehart Road (Lot 4 Marketplace at Seminole Towne Center) Tax Parcel Number: 32- 19 -30- 501 - 0000 -0020 (to be re- assigned after Final Plat is recorded) Property Owner NAP Seminole Marketplace, LLC Representative: Jason Toole, E.I. — CPH Engineering DP -4 Consider the Site Plan for Rantoul Substation at 2805 Oregon Avenue Tax Parcel Numbers: 33- 19 -30- 300 -023A -0000 and 33- 19 -30- 300 -0238 -0000 Property Owner: Florida Power and Light Company Representative: George Hennessee, P.E. — CPH Engineering Public Hearings PH -1 Hold a Public Hearing to consider a Planned Development Rezone to amend the PD Master Plan for Florida Stor -A- Way (Ordinance No. 3525) at 4051 W. 1st Street to allow Office/Warehouse Flex Space. (Continued on April 7, 2005). Tax Parcel Numbers: 28- 19 -30- 506 - 0000 -009C, 28- 19- 30- 502 -0000 -0170, 28- 19 -30- 502- 0000 -0200 Property Owner: Florida Stor -A -Way Representative: Bill Burkett, P.E. — Burkett Engineering, Inc. PH -2 Hold a Public Hearing to consider a Conditional Use to change the use of non- conforming property and establish Vehicular Accessory Sales and Installation for Boom and Zoom at 1016 W. ta Street Tax Parcel Number: 25- 19- 30- 5AG -OY00 -0130 Property Owner: Kihwan and Eunjoo Kim Representative: William Bixler PH -3 Hold a Public Hearing to consider a Conditional Use to change the use of non - conforming property and establish Vehicular Accessory Sales and Installation at 402 Celery Avenue Tax Parcel Number: 30- 19 -31- 522 - 0000 -037A Property Owner: Rager Studios, Inc. Representative: Hector Gonzalez Staff Reports itizeC n�Partici at�ion Commissioners Re orts iournment 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 Bandon] (F5286.0105) Persons with disabilities needing assistance to participate in any of these proceedings should contact the ADA Coordinator at 407 - 590.5610, 411 hours in advance of the meeting. Page 1 of 1 MINUTES PLANNING & ZONING COMMISSION MEETING OF APRIL 21, 2005 7:00 P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT: Ross Robert, Chairman Andy Kutz, Vice Chairman Richard Huber Rami Yosefian Bobby VonHerbulis MEMBERS ABSENT: Brian Volk, excused Mike Skat, excused Carol Dennison, excused Otto Garrett, excused Eddie Green Russ Gibson, Director of Planning and Development Services Larry Robertson, Development Services Manager Mary Muse, Secretary Mr. Robert called the meeting to order at 7:06 P.M. MINUTES Mr. VonHerbulis moved to approve the Minutes of the April 7, 2005 Regular Meeting. Mr Huber seconded. All in favor. Motion carried. PROOF OF PUBLICATION Mr. Kutz moved to accept the proof of publication for the Public Hearings being considered. Mr. VonHerbulis seconded. All in favor. Motion carried. 1135C7s11C�77ui�l`►YI� 1F�f.4 Consider the Site Plan for New Creation Lutheran Church at 550 Upsala Road; New Creation Lutheran Church, owner; Jack Reynolds- American Civil Engineering, representative. Karen Pharis and Pastor Bob were also present. Mr. Robertson informed the board that staff is amending the recommendation to include requiring the owner to trim or remove any trees that may be a possible threat to the adjacent single family residential properties. Mr. Yosefian moved to approve the Site Plan per staff's amended recommendation. Mr. Kurz seconded. All in favor. Motion carried. Consider the Site Plan for Lot 2, North Seminole Business Center at 4035 W.1" Street; Night Owl Properties, LLC, owner; David Rodd -McKee Construction, representative. Mr. Yosefian moved to approve the Site Plan per staff's recommendation. Mr Huber seconded. Mr VonHerbulis abstained, all others in favor. Motion carried. MINUTES PLANNING AND ZONING COMMISSION PAGE 2 Consider the Site Plan for Panda Express at 1460 Rinehart Road (Lot 4 Marketplace at Seminole Towne Center); NAP Seminole Marketplace, LLC, owner; Jason Toole, E.I. CPH Engineering, representative. Mr. Kutz moved to approve the Site Plan per staffs recommendation with the addition that the parking be changed to angled parking and the traffic circulation on site is to be changed to one way counterclockwise. Mr, VonHerbulis seconded. After discussion, Mr. Kutz amended his motion to have the site plan come back before the board after staff approval. All in favor. Amended motion carried. Consider the Site Plan for Rantoul Substation at 2805 Oregon Avenue; Florida Power and Light Company, owner; George Hennessec, P.E. - CPH Engineering, representative. Mr VonHerbulis moved to approve the Site Plan per staff's recommendation with the addition that there is a name change for the substation. Mr Huber seconded. All in favor Motion carried. PUBLIC HEARINGS Consider a Planned Development Rezone to amend the PD Master Plan for Florida Stor -A -Way (Ordinance No. 3625) at 4051 W. 1" Street to allow Office/Warehouse Flex Space (Continued on April 7, 2005); Florida Stor -A -Way, owner; Bill Burkett, P.E.- Burkett Engineering, hie. and Greg Boyd - Florida Stor -A- Way, representatives. Mr. VonHerbulis moved to remove the request from continuance. Mr Yosefian seconded. All in favor. Motion carried. Mr. VonHerbulis moved to approve the request to amend the PD Master Plan per staff's recommendation with the addition that the wall is to be moved to the east five feet with a five foot landscape area on both sides of the wall and a "No Tractor Trailers Beyond This Point' sign added somewhere along the southerly section of the building. Mr. Yosefian seconded. After discussion, Mr. VonHerbulis amended his motion to include that staff is to work with the applicant to improve the circulation to the rear of the building for larger truck traffic and the applicant is to demonstrate to staff that the turning radius is adequate for trucks. Mr. Yosefian seconded amended motion. All in favor. Amended motion carried. At 8:29 PM, Mr. Robert called for a short break. At 8:33 PM, Mr Robert called the meeting back to order Consider a Conditional Use request to change the use of non - conforming property and establish Vehicular Accessory Sales and Installation for Boom and Zoom at 1016 W. 1" Street; Kihwan and Eunjoo Kim, owner; Damon and Darren Bixler, representatives. Present to speak in opposition were Nicholas Darwick, Tracy Chesnutt, Jaqueline Pray, and Mark Hatch. Letters were received from Michael Herring, P.A., Dr. Sukhinder Joshi, and Phyllis Engstrom. Their concerns were noise, increased traffic, and safety Mr. Robertson informed the board that staff is amending the recommendation to include this approval is for this applicant only and a one year sunset provision be required so if complaints are received, the board would have the opportunity to discontinue the requested use. Mr, Yosefian moved to deny the Conditional Use request. Mr Yoseflan stated that this type of business is not suitable for this area. Mr. Huber seconded. Mr, VonHerbulis against, all others in favor. Motion to deny carried. MINUTES PLANNING AND ZONING COMMISSION PAGE Consider a Conditional Use request to change the use of non - conforming property and establish Vehicular Accessory Sales and Installation at 402 Celery Avenue; Rager Studios, Inc., owner; Gary Rager and Hector Gonzales, representatives. Mr. Robertson informed the board that staff is amending the recommendation to include a one year sunset provision be required so if complaints are received, the board would have the opportunity to discontinue the requested use, and due to the applicant requesting a waiver of the application fee, this approval would be based upon fees being paid or waived. Mr. VonHerbulis moved to approve the Conditional Use per staff's amended recommendation. After discussion, Mr. Kutz seconded. All in favor. Motion carried. ADD ON ITEM. Consider amending the effective Development Orders for Florida Recycling Facility at 555 N. White Cedar Road; Sid Vihlen, Jr., Dan Malloy and David Rodd, representatives. Mr. Gibson informed the board that the request is to amend the effective Development Orders (03 -0058 and 00- 0015) in order to consider allowing temporary use of Rand Yard Road for the Florida Recycling Facility - The use of Rand Yard Road will require Seminole County approval or City Commission approval if the Rand Yard Road right -of -way is transferred to the City. Mr. Yosefian moved to recommend approval of the temporary use of Rand Yard Road. Mr Kutz seconded. Mr. VonHerbuhs, abstained, all others in favor. Motion carried. STAFF REPORTS None. COMMISSIONERS REPORTS Mr. Kutz requested a copy of Sanford's noise ordinance. Mr Robertson stated that he will provide a copy to each member at the next meeting. CITIZEN PARTICIPATION None. ADJOURNMENT There being no further business, the meeting adjourned AndyY Vice Chairman & - FORM 813 MEMORANDUM OF VOTING CONFLICT FOR �:OUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS L, 1AME F ST E OLE NAME (Z qF BOARD, COUNCIL, COMMI 10 AUTHORITY. OR CAMMITTEE. . e n� n M G QQT�R THE BOARD. COUNCIL, CbMMISSION, AUTHORITY OR C MMITTEE ON WHICH I SERVE IS A UNIT OF ❑ COUNTY Q OTHEF LOCAL AGENCY CIT COUNTY N E �PO� ICAL SUBDI0 1 D a , e, 1 1. _ DATE ON W I VOTE OCCURRED — MY POSITION IS: U — ' ❑ ELECTIVE N 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 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 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- s��e which inures to the special gain or loss of a principal (other than a govemment 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. 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 o the meet who will incorporate the form in the minutes. (Continued on other side) CE FORM SG — 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'S INTEREST !!�� �� � be� 1�.an W obi t hereby disclose that on { CJ 20 •C ^ (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 whom I am retained; or inured to the special gain or loss of Co by is the parent organizaflon 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. 005 -� DaJFII ' which ignature NUnct UNUER 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 EXC $10,000. CE FORM 8B EFF. 1/2000 PAGE 2