042406 rm agenda & min. CITY OF SANFORD
CITY COMMISSION MEETING
City Commission Chambers
1st Floor
Sanford City HaH
300 North Park Avenue
MONDAY, API~H~ 24, 2006 Sanford, Florida
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PURSUANT TO SECTION 286.0108, FLORIDA STATUTES, IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH
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WHICH THE APPEAL IS TO BE BASE. D.
This record is not provi _d~d by the City of Sanfo~d.
AGENDA
7:00 1) Meeting call to order by Mayor Kuhn.
2) Invocation by Thelma Mike, New Mt. Calvary Missionary Baptist Church.
3) pledge of Allegiance.
4) Minutes. March 13, 2006 work Session and Regular Meetings.
7:05 5) PRESENTATIONS/COMMENDATIONS:
A) Proclamation of Municipal Clerks Week.
7:07 6)
cONSENT AGENDA: Thc action proposed to be takcn is stated for each item on thc Consent Agenda. Unless the item is
removed from thc Consent Agenda by a City Commission member, no discussion on individual items will occur and a single
motion will approve all items.
[Commission Memo 06-248]:
A) Purchase of four replacement vehicles for the Leisure Services Department.
B) Purchase of 11 No Smoke dieset filters for the Fire Department.
C) Purchase of Wastewater Treatment Equipment (Actiflo) for the Utility Department.
D) Acceptance of $145,689.46 Flodda Fish and Wildlife Conservation Commission Grant relating to hurricane
relief damage and modification of agreement setting forth the City as the applicant and grantee.
7:10
PUBLIC HEARINGS: Thc purpose of a Public Hearing is to receive input regarding thc item being considered. Public
. . . . . ' matter of the hearing. (Hearing
Heatings are not intended to be aume for the public to obtain informaUon about the subject motion, discussion and action.)
Sequence' 1st - staff; 2nd - applicant/requesting party; 3rd - public; final - City Commission
· Medical Care Sanford at 850 W. 1st Street. (Ad published
n itional Ose for Fresemus ..... -, ~ ~006~ [ ommission Memo 06-249] Up
A) Appeal of Co d · · rt omeo ~pm o ----..C
A ril 9, 2006; owners notified Apnl 4, 2006, prope y P
toP30 minutes will bo allowod to discuss this item ~ 15 minutes for proponents and 15 minutes for opponents.
B)
C)
D)
E)
Continuation to May 8, 2006: second reading and adoption of Ordinance No. 3981 to annex
approximately 119 acres at 480 N. White Cedar Road. (Ad published Apd119 and 23, 2006) [Commission
Memo 06-259]
Continuation to May 8, 2006: second reading and adoption of Ordinance No. 3982 to rezone 142
acres at 480 N. White Cedar Road from Agriculture to PD, Planned Development, for White cedar. (Ad
published April 12, 2006) [Commission Memo 06-260]
Second reading and adoption of Ordinance No. 3983 to annex 4.25 acres at 2626 West 1st Street. (Ad
published April 19, and 23, 2006) [CommiSsion Memo 06-261]
Continuation to May 8, 2006: first reading of Ordinance No. 3984, to adopt the 1at Comprehensive
Plan Amendment for 2006. (Ad published April 16, 2006)
7:45 8)
FIRST READING OF ORDINANCES:
A) Ordinance No. 3986 to annex 4.77 acres at 4325 Mellonville Avenue. [Commission Memo 06-250]
7:50
g)
OTHER ITEMS:
A)
~)
C)
Appointment to the Historic preservation Board. (Work Session item No. 1)
[Commission Memo 06-
2551
preliminary Subdivision Plan for Falcon Development at 1301 Rinehart Road. [Commission Memo 06-
251]
Final Plat for Reee~ve at Hidden Lakes at 105 Hidden Lake Ddve. [Commission Memo 06-252]
o)
E)
Final Plat for Windsor Lake Townhomes at 100 Americana Boulevard. [Commission Memo 06-253]
Ken and Debm Martin's Wedding Anniversary Party and Alive After 6 Music Event Special Events on
May 11 and 13, June 8, and July 13, 2006: request for street closures and alcoholic beverage
sale/consumption. [Commission Memo 06-256]
10)
11)
12)
13)
14)
15)
CITY ATTORNEY'S REPORT.
CITY CLERK'S REPORT.
CITY MANAGER'S REPORT.
CITIZEN PARTICIPATION.
CITY COMMISSIONERS' REPORTS.
END THE MEETING.
CITY OF SANFORD DEVELOPMENT ORDER RELATING TO
REVERSAL OF PLANNING AND ZONING COMMISSION AND DENIAL
DEVELOPMENT ORDER AS TO CONDITIONAL USE APPLICATIO
PERTAINING TO 550 WEST FIRST ~T~Ec: N
On April 24, 2006 the City Commission of the City of Sanford heard this matter
and directed the issuance of this Denial Development Order relating to and touching
and concerning the following described property: 550 West First Street.
FINDINGS OF FACT
Subject Property: Located at 550 West First Street, 1.29 acres+- in size, assigned
the SC~3 (Special Commercial) zoning classification, assigned the WDBD (Waterfront
Downtown Business District) land use designation, building size of 14,250+- square
feet, Tax Parcel Identification Number 25-19-30-5AG_0208.0010.
Property Owners: Consolidated-Tomoka Land Co.
Applicant: Fresenius Medical Care.
Conditional
Requested Development Approval:
Property to permit a medical office.
Appellant:
use application for the Subject
Appeal:
Christopher McLeod.
The Appellant timely submitted an appeal of the decision of the
City's Planning and Zoning Commission (P&ZC) which approved a COnditional use
application for the Subject Property. The Appellant requests that the City
Commission overturn the decision of the P&ZC.
Additional Facts: The Subject Property is located at the Gateway into the City. It is
crucial that the City revitalize the Historic Downtown area and general downtown area
of the City. The City's Comprehensive Plan encourages retail development in the
downtown areas of the City, as does the general planning efforts and related efforts of
the City. Retail development is critical in that regard. Retail development is critical to
the area of the Subject Property and the downtown areas of the City. The development
Proposal is not for a retail development and the Applicant demonstrated a lack of
commitment to the development of retail uses on the Subject Property. The former
retail use on the Subject Property was approved with significant policy implications and
encouragement by the City in order to attain the retail use by a nationally recognized
company. The City's Mainstreet Program is intended to develop/redevelop the City in a
manner that is in the best interests of the City and the proposed use of the subject
property is not appropriate for the Subject Property and does not move the City toward
attainment of its planning and development goals.
CONCLUSIONS OF LAW
The Requested Development Approval sought is not consistent with the City of
Sanford Comprehensive Plan and development of the Subject Property, as proposed,
would not be consistent with and in compliance to applicable land development
regulations and all other applicable regulations and ordinances as set forth in the Code
of Ordinances of the City of Sanford.
ORDER
NOW, THEREFORE, IT IS ORDERED THAT:
(1). The aforementioned appeal is GRANTED and the decision of the P&ZC is
hereby OVERTURNED.
(2). The aforementioned application for Requested Development Approval is
DENIED.
(3). This Denial Development Order touches and concems the aforedescribed
property located at 550 West First Street.
Done and Ordered on the date first written above.
As approved and authorized for execution by
the City Commission of the City of Sanford
at its regular meeting of April 24, 2006.
ATTEST:
J~,~NET DOUGHERT~, CITY CLERK
CITY COMMISSION OF THE CiTY OF
SANFORD
3
The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, April 24, 2006, at
7 PM, in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida.
Present:
Mayor Linda Kuhn
Vice Mayor Velma Williams
Commissioner Art Woodruff
Commissioner Randy Jones
Commissioner Jack T. Bridges
City Manager Robert (Sherman) Yehl
City Attorney William L. Colbert
City Clerk Jane~ R. Dougherty
Deputy City Clerk Cynthia Porter
Time (aooroxim~e)
7:00 1) Meeting was called to order by Mayor Kuhn at 7:08 PM.
2) Invocation by Thelma Mike, New Mt. Calvary Missionary Baptist Church.
3) Pledge of Allegiance.
4) Minutes. March 13, 2006 Work Session and Regular Meetings.
Commissioner Jones moved to approve the Minutes. Seconded by Vice Mayor Williams and carded by vote
of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
7:05 5) PRESENTATIONS/COMMENDATIONS:
A) Proclamation of April 30 through May 6, 2006 as Municipal Clerks Week.
Mayor Kuhn read the Proclamation and presented it to City Clerk Dougherty.
7:07 6) CONSENT AGENDA:
[Commission Memo 06-248]:
A) Purchase of four replacement vehicles for the Leisure Services Department.
B) Purchase of 11 No Smoke diesel filters for the Fire Department.
C) Purchase of Wastewater Treatment Equipment (Actiflo) for the Utility Department.
D) Acceptance of $145,689.46 Florida Fish and Wildlife Conservation Commission Gram relating to
hurricane relief damage and modification of agreement setting forth the City as the applicant and
Commissioner Jones moved to approve the Consent Agenda. Seconded by Vice Mayor Williams and carded
by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
7:10 7)
PUBLIC HEARINGS:
A) Appeal of Conditional Use for Fresenius Medical Care Sanford at 550 W. 1st Street. (Ad
published April 9, 2006; owners notified April 4, 2006; property posted April 3, 2006) [Commission
Memo 06-249] Up to 30 minutes will be allowed to discuss this item -- 15 minutes for proponents and
15 minutes for opponents.
Commissioner Woodruff moved to oven'urn the Planning & Zoning Commission's approval of the Conditional
Use. Seconded by Commissioner Jones and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff' Aye
Commissioner Jones Aye
Commissioner Bridges Aye
B) Continuation to May 8, 2006: second reading and adoption of Ordinance No. 3981 to annex
approximately 119 acres at 480 N. White Cedar Road. (Ad published April 19 and 23, 2006)
[Commission Memo 06-259]
Commissioner Jones moved to continue the Public heating to May 8, 2006. Seconded by Commissioner
Woodruffand carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
C) Continuation to May 8, 2006: second reading and adoption of Ordinance No. 3982 to rezone 142
acres at 480 N. White Cedar Road from Agriculture to PD, Planned Development, for White Cedar.
(Ad published April 12, 2006) [Commission Memo 06-260]
Commissioner Jones moved to continue the Public hearing to May 8, 2006. Seconded by Commissioner
Woodruffand carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff' Aye
Commissioner Jones Aye
Commissioner Bridges Aye
D) Second reading and adoption of Ordinance No. 3983 to annex 4.25 acres at 2626 West 1 st Street.
(Ad published April 19, and 23, 2006) [Commission Memo 06-261]
Commissioner Jones moved to adopt Ordinance No. 3983. Seconded by Commissioner Woodruffand carded
by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
E) Continuation to May 8, 2006: first reading of Ordinance No. 3984, to adopt the 1st
Comprehensive Plan Amendment for 2006. (Ad published April 16, 2006)
Commissioner Woodruff. moved to continue the Public heating to May 8, 2006. Seconded by Vice Mayor
Williams and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
7:45 8) FIRST READING OF ORDINANCES:
A) Ordinance No. 3985 to annex 4.77 acres at 4325 Mellonville Avenue. [Commission Memo 06-250]
ViceMayor Williams movedto approve the first reading ofOrdinance No. 3985. Seconded by Commissioner
Woodruff and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
7:50 9) OTHER ITEMS:
A)
Appointment to the Historic Preservation Board. (Work Session Item No. 1) [Commission Memo
06-255]
Commissioner Woodruffmoved to appoint Hank Dieckhaus to the Board for the remainder of a three year term
to expire October 28, 2007. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
B)
Preliminary Subdivision Plan for Falcon Development at 1301 Rinehart Road. [Commission Memo
06~251]
Commissioner Woodruff moved to approve the Preliminary Subdivision Plan for Falcon Development.
Seconded by Commissioner Jones and carded by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
C) Final Plat for Reserve at Hidden Lakes at 105 Hidden Lake Drive. [Commission Memo 06-252]
Commissioner Woodruff moved to approve the Final Plat for the Reserve at Hidden Lakes. Seconded by
Commissioner Jones and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
D) Final Plat for Windsor Lake Townhomes at 100 Americana Boulevard. [Commission Memo 06-253]
Commissioner Woodruff moved to approve the Final Plat for Windsor Lake Townhomes. Seconded by Vice
Mayor Williams and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
E)
Ken and Debra Martin's Wedding Anniversary Party and Alive After 5 Music Event Special
Events on May 11 and 13, June 8, and July 13, 2006: request for street closures and alcoholic beverage
sale/consumption. [Commission Memo 06-256]
Commissioner Woodruffmoved to approve the events. Seconded by Commissioner Jones and carried by vote
of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
WS-6) Discussion regarding Communications Service Tax. [Commission Memo 06-246]
There was no objection by the Commission that City Manager Yehl engage the law finn ofNabors Giblin &
Nickerson to commission a second phase analysis of the City's communications service tax shortfall.
WS-7) Discussion regarding Hopper Academy and grant funding.
Commissioner Woodruff identified three potential grants for Hopper Academy: acquisition grant that would
pay for up to 70% of the appraised value of the purchase price of the property from the Community Improvement Association
which would then use that money for renovation, maintenance, and operation of the building; cultural facilities grant which
is a 2 to 1 match and can actually use the first grant as the match for the second grant and can ask for up to $500,000; and the
historic special category grant where up to $350,000 can be requested. The Commission directed Staffto procure the grants.
10) CITY ATTORNEY'S REPORT.
11) CITY CLERK'S REPORT.
12) CITY MANAGER'S REPORT.
13) CITIZEN PARTICIPATION.
14) CITY COMMISSIONERS' REPORTS.
15) END THE MEETING.
There being no further business, the meeting was adjourned at 8:39 PM.
Attest:
Mayor Linda Kuhn
City Clerk
cp