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07.05.07 City of Sanford PLANNING & ZONING COMMISSION Thursday - July 5, 2007 City Commission Chambers, 1st Floor, Sanford City Hall 300 North Park Avenue, Sanford, Florida Regularly Scheduled Meeting 6PM Approval of Minutes · June 21,2007 Regular Meeting Minutes Acceptance of Proof of Publication Consent Agenda C-l Remove from Table and approve the Final Plat for Riverview Townhomes at 2701 Narcissus Avenue. Tax Parcel Numbers: 22-19-30-5AD-0000-0230/0470 and 26-19-30-300-008A/0090-0000 Property Owner: M/I Homes of Orlando LLC Representative: Trooper Lee - CPH Engineers Public Hearings PH-l Rezone 0.90 acre located at 2470 Mellonville Avenue from MR-2, Multiple-Family Residential to RMOI, Multiple-Family Residential/Office/Institutional to allow a professional office development. Tax Parcel Number: 31-19-31-520-0000-1510 Property Owners: Henry L. & Cecilia M. Monroe Representative: John Polasek, Jr. - Florida Site Selectors, Inc. PH -2 Conditional Use to establish Vehicular Sales and Storage at 410 W. 13th Street for the adjacent business, Auto Care Clinic. Tax Parcel Number: 25-19-30-5AG-1407-0040 Property Owner: Food With Care, Inc. Representative: Darren Jones - Auto Care Clinic PH-3 Conditional Use for an Urban Infill Redevelopment project for Lakeview Condominiums located at 401 N. Mangoustine Avenue. Tax Parcel Numbers: 25-19-30-5AG-OXOO-0050/0070/007 A Property Owner: A VY, Inc. Representative: Dave Schmitt, P.E. - Dave Schmitt Engineering, Inc. 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 1 of 1 MINUTES PLANNING & ZONING COMMISSION MEETING OF JULY 5, 2007 6PM CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT Andy Kutz, Vice Chairman Brian V olk Eddie Green Richard Huber Bobby V onHerbulis Carol Dennison Otto Garrett MEMBERS ABSENT Ross Robert, Chairman - excused Rami Y osefian - excused OTHERS PRESENT Larry Robertson, Development Services Manager Mary Moskowitz, Planner Mr. Kutz called the meeting to order at 6 PM. MINUTES Mr. VonHerbulis moved to approve the Minutes of the June 21, 2007 Regular Meeting. Mr. Huber seconded. All in favor~ Motion carried 6..0; Mr. Green not present at this time. PROOF OF PUBLICATION Ms. Dennison moved to accept the proof of publication for the Public Hearings being considered. Mr. V olk seconded. All in favor. Motion carried 6-0; Mr. Green not present at this time. CONSENT AGENDA Remove from Table and approve the Final Plat for Riverview Townhomes, a ] 92 unit townhouse development, located at 2701 Narcissus Avenue. Mil Homes of Orlando LLC, property owner; Justin Campbell-MIl Homes, representative. Virgil Hurley was present to speak. Mr. VonHerbulis moved to remove the Final Plat from Table. Mr. Yolk seconded. All in favor. Motion carried 6-0; Mr. Green not present at this time. Mr. VonHerbulis moved to approve the Final Plat per staff's recommendation. Ms. Dennison seconded. Mr. Huber against, all others in favor. Motion carried 6~ 1. PUBLIC HEARINGS Hold a Public Hearing to Rezone O~90 acre located at 2470 Mellonville Avenue from MR-2, Multiple-Family Residential to RMOI, Multiple-Family Residential/Office/Institutional to allow a professional office development. Henry L. & Cecilia M. Monroe, property owners; John Polasek, Jr~ - Florida Site Selectors, Inc~, representative~ Ken Bloom was present to speak about the impacts a commercial use would have on the area. MINUTES - JULY 5, 2007 PLANNING AND ZONING COMMISSION PAGE 2 Mr. Green moved to approve the Rezone per staff's recommendation with the stipulation the approval is for professional office use only. Mr. Huber seconded. Mr. Kutz abstained, all others in favor. Motion carried 6-0. Hold a Public Hearing to consider a Conditional Use to establish Vehicular Sales and Storage at 410 W. 13th Street for the adjacent business, Auto Care Clinic. Food With Care Inc., property owners; Rose Brody and Darren Jones - Auto Care Clinic, representatives. Paul Grueninger was present to speak about traffic concerns. Ms. Dennison moved to table the request to a time uncertain to allow the applicant time to work with an engineer. Mr. Volk seconded. After discussion regarding time, Ms. Dennison amended her motion to table for 6 months. Mr. Yolk seconded the amended motion. All in favor. Motion carried 7-0. Conditional Use for an Urban Infill Redevelopment project for Lakeview Condominiums located at 401 N. Mangoustine Avenue. A VY, Inc., property owner; Tim Swatzoff - Dave Schmitt Engineering and Andrew Sechler.. Design Development, representatives. Mr. VonHerbulis moved to table the request to a time uncertain to allow the applicant an opportunity to work with staff to redesign the project consistent with the Downtown/Riverfront/Midtown Overlay Districts in Schedule U, similar to River's Edge, prior to reconsideration for a decision. Mr~ Yolk seconded. Motion carried 5-2 to table. Those in favor were VonHerbulis, Dennison, Garrett, Huber and Volk. Those against were Kutz and Green. STAFF REPORTS None. CITIZEN PARTICIPATION None. COMMISSIONERS REPORTS None. ADJOURNMENT There being no further business, the meeting adjourned at 8: 10 p ue CITY"5 5' COUNTY ~ () 0\ e. DATE ON WH1Ct-t VOTE OCCURR~ ,--r- \ LOOf FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS tODlE NAME N~E1 Of" BOARO~ COUNCil. COMMISSION~ AUTHORITY. OR COMM~TTEE vJ r' \ Ct. r'\l\ ~ Cu ~. THE BOARO~ COUNCil, M~SStONt AUTltORITY OR OMMITTEE ON WHfCH I SERVE IS A UNIT OF: In DCO~ NAM 'TtCAl.. SU Isr: c-J.- o ELECTIVE WHO MUST FILE FORM 88 This form rs for use by any person serving at the county ~ city, or other loea I level of government on an appoi nted or elected board, counci I. commiss~on, authority, or committee 6 It a pplies equally to members of advisory and non-advisory bod ies who are presented with a voti ng conflict of interest under Section 11263143, Ftorid a Statutes. Your responsi bi lities und er the law when faced with voting on a measure in whi ch you have a conti rct of interest will vary greaUy depend ing on whether you hold an elective or appointive position6 For this reason. ptease pay close attention to the instructions on this form before compreti ng th e reverse s;de and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person hold ing elective or appointive county. municipa I. or other local public office MUST ABST AI N from voting on a measu re which ~res to his or her 5 pecial private gain or loss. Each elected or appointed local officer a Iso is prohibited from knowingly voting on a mea... ....re which in u res to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (incl uding the parent org anization 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 specia! 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 ei ected on a one-acre, one-vote bas js are not prohibited from voti ng in that ca pacity. For purposes of this lawt a "relative" includes only the officer's rather~ mother. sont daughter. husband, wife, brother. sister, father-in-law1 mother-in-law, son-in-law, and daughter-in-law. A Kbusiness associate~ means any person or entity engaged in or canying on a business enterprise with the officer as a partner, joint venturer, coowner of property. or corporate sharehotder (where the shares of the corporation a re not Ji s ted on any n ationa I or regional stock exchange). ELECTED OFFICERS: I n addition to a bsta; n i ng from veti ng in the situat tons descrfbed above. you must d ~sclose the conflict: PR~OR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest rn the measure on which you are a bs tai n i ng r rom voti ng; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form w~th the person responsible for recording the min- ute s of the meeti ng. who should incorpora le the form in the mi n ut es. APPOINTED OFFICERS: Although you must abs tai n from voti ng In the situations descri bed a bov e, you othe rvvi se may pa rticipate in these matters. However. you must disclose the nature of the conflict before mak rng any aUem pt to in f1 uence the d eeis ion. whether oral ty or in wri trng and whether mad e by you or at your direction. YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE 1 }\KEN= 10 You muSl complete and fire this form (before makjng any attempt to influence the decision) with the person responslb'e for recording the minutes of the meelrng. who will incorporate the form in the minutes_ (Contrnued on other side) CE FORM 88 . Er-F. 1/2000 PAGE' APPOINTED OFFICe"RS (continued) ..7- · 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 fi led. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: to Yau must disclose orally the natu re of your conn tet in the mea sure before pa rtici paU ng. · 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 or the agency. and the form must be read publicly at the next meeting after the form tS filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I.JIT)(Jr fAJJ Ku +z. t hereby disclose that on !~ 5 . 20 ~= (a) A measure came or will come before my agency which (check one) i nu red to my special private ga jn or loss; inured to the special gai n or loss of my business associ ate I i nu red to the specia I ga in or loss of my relative. inured to th especial gain or rass of whom I am retai ned; or . by inured to the specia I gai n or loss of is the parent organization or su bsidiary of a pri nci pal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as foUows: w wh ich f2~C~7~ ~~~~J,U~~ ~~~ r'-~' ~---~- 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 I CIV~L PENAL TV NOT TO EXCEED $10,000. CE FORM 88 & EFF, 1/2000 PAGE 2