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070984-Regular Session MINUTES City Commission, Sanford, Florida 305 July 9 at 7:00 P. M. 19 84 The City Commission o.f the City of Sanford, Florida, met in Regular Session in the City Hall in the~City of Sanford, .F!orida, at 7:00 o'clock P. M. on July 9, 1984. Present: Mayor-Commissioner Lee P. Moore Commissioner Milton E. Smith .Commissioner Edward A. Yancey Commissioner David T. Farr CommiSsioner Edwin O. Keith City Attorney William L. Colbert 'City Manager W. E. Knowles City Clerk H. N. Tamm, Jr. The meeting was called to order by the Chairman. Letter submitted from W. C. Hutchison, Jr., Attorney, HutchiSon & Mamele, sanford, Florida, representing Fred Salgado and Seminole Club, Inc., withdrawing their proposal submitted at meeting of June 25, 1984 to acquire the City's underlying fee title to the Mayfair Country Club. Commissioner Farr moved to rescind action taken at meeting of June 25, 1984, to hold a public hearing on July 23, 1984 to consider the sale of the golf course property and :escind action to receive bids and proposals for same. Seconded by Commissioner Smith and ~arried. A public hearing was held in accordance with notice published in the Evening Herald on June 29, 1984 as follows: NOTICE OF A PUBLIC HEARING TO CONSIDER ~' AN APPEAL OF THE DENIAL OF A CONDITIONAL USE. Notice is hereby given that a Public Hearing will be held at the Commission Room in the City Hall in the City,of. Sanford, Florida, at 7:00 o'clock P. M. on July 9, 1984, to consider an Appeal of the denial by the Planning and Zoning Commission, of a Conditional Use for an Auto Parts and Salvage Yard, on a portion of the property lying So~th of Albright Road and abutting the West right-of-way line of Airport Boulevard, more particularly 'described as follows.: Block A, AFG Vegetable Tract, (less Road and Railroad), Plat Book 7, page 14, Public Records of Seminole County, Flomida. The City Commission may, after Public Hearing, affirm, deny, or modify the decision, finding and recommendation of the Planning and Zoning Commission, and the action of the City Comission shall be final. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. By order cf'the City Commission of the City of Sanford, Florida. 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) H. N. Tamm, Jr. City Clerk Publish: June 29, !98A.. The Chairman announced t. hat the Commission would hear from those persons present to speak in favor of, or in oppOsitio.n to the Conditional Use. The City Clerk submitted a list of property owners notified by Certified Mail on June 29, 1984. David Redwine, 2540 South Myrtle Avenue, Sanford, Florida, appeared to support the request, and acknowledged restrictions on the use of the property for a salvage yard to 4no],~o ~rroundin~ the entire area with a seven foot fence; the sides facing streets will 306 MINUTES City Commission, Sanford, Florida July 9 at 7:00 P. M. 1984 seen; committed to frequent pest"and rodent control service; and working only during proper working hours. Further, that he has agreed to any reasonable request', the noise will be less than that created by shopping at a store, or from other businesses there, and would not oe heard above street traffic, also, he suggested dressing up the fence, even though it ~asn't required. He further reported that after the second Planning and Zoning Commission ~pproval he purchased the property and paid for engineering and a skimming operation to capture any run-off water. He requested the Commission to grant the Conditional Use and relieve him of undue expenses. Those appearing in opposition were as follows: Eula D. Martin, 101 Academy Avenue, Sanford, Florida, appeared and reported she lives right across the street from the location of the proposed salvage yard, and that they are trying to better their community. Bernice Brooken, 100 Academy Avenue, Sanford, Florida, appeared and reported she lives across the street from David Redwine's property, and that there are other industries located in the area, but not right across the street. Jackie Hulen, 157 Bethune Circle, Sanford, Florida. Doris Thomas, 129 Bethune Circle, Sanford, Florida, appeared and reported she is President of their Neighborhood Association, and read a petition from residents of Academy Manor and the Academy Manor Neighborhood Association in opposition to the proposed salvage rard. William Leffler, Attorney; 101 Fulton Street, Sanford, Florida, appeared and reported he represents J. W. Alford and Seminole Petroleum Company, owner of a convenience store across the street from the proposed salvage yard, and that the proposed salvage yard is not consistent with the aesthetic development of the area, and will interfere with the future development of that area. Daisy Curry, 119 Bethune Circle, Sanford, Florida, appeared and questioned the amount of noise created when cars are stacked. Eddie McCrae, 131 Yale Drive, Sanford, Florida, appeared and.asked how the proposed salvage yard would be an asset to the community. Commissioner Farr moved to approve the Conditional Use. Seconded by Commissioner Smith and carried over dissenting votes of Commissioner Yancey and Commissioner Keith. A public hearing was held in accordance with notice published in the Evening Herald on June 19 and 29, 1984, as follows: NOTICE OF A PUBLIC HEARING'OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE ZONING ORDINANCE, AND AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF SANFORD, FLORIDA. Notice is hereby given that a Public Hearing will be held at the Commission Room in the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on July 9, 1984, to consider changes and a~endments to the Zoning .Ordinance, and amending the Future Land Use Element of the Comprehensive Plan of the City of ~hford, Florida, as f~iows: The Code of the City of Sanford, Florida Appendix A, Zoning Ordinance (Ordinance No. 1097, As Amended) ARTICLE'V. USE PROVISIONS is proposed to be amended by the addition of Section 3.1, Modified PUD-A, Single-Family Residential Dwelling District and FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME ~ FIRST NAME -- MIDDLE NAME Parr, David T. MAILING ADDRESS 2524 South Park Drive CITY ZIP CO UNTY Sanford 32771 Seminole NAME OF AGENCY City of Sanford City Commission AGENCY is unit of: []-]cOUNTY ~MUNICIPALITY [~]OTHER DATE ON WHICH VOTE OCCURRED July 9, 1984 NAME OF PERSON RECORDING MINUTES H. N, Tamm, Jro TITLE OF PERSON RECORDING MINUTES City Clerk SPECIFY MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes §112.3143 (1979) ] If you have voted in your official capacity upon any measure in whiCh you had a personal, 'private, or professional interest which inures to your special private gain or the special private gain of any principal bY whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: (a). Authorized the Conditional Use for an Auto Salvage Yard on the David Redwine property on Airport Boulevard. (b). Authorized package sale of Beer and Wine at 2675 Airport Boulevard. 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: (a). The former owner of the property was a client of my firm. (b). The former owners of the property were clients of my firm. 3. Person or principal to whom the special gain described above will inure: L._ a~ Yourself b.r-] Principal by whom you are retained: ~ (NAME) SIG1 DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH V OCCURRED: FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES § 112.317 (1979), AoFAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF TIlE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4 - REV. 12-79