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11.19.09 City of Sanford Planning and Zoning Commission Thursday - November 19,2009 City Commission Chambers Sanford City Hall 1st Floor 300 North Park Avenue, Sanford, Florida Regularly Scheduled Meeting Agenda 10 AM Approval of Minutes . October 15, 2009 Regular Meeting Minutes Acceptance of Proof of Publication Public Hearings PH-l Hold a Public Hearing to consider a Conditional Use for an Urban Infill Redevelopment project for a 12-unit senior housing facility at 204 Poplar Avenue. Tax Parcel Number: 25-19-30-5AG-OZOO-008C Property Owner: Corinthian Management, LLC Representative: Rick Kovacsik, President - Corinthian Builders, Inc. PH-2 Hold a Public Hearing to consider a request to Rezone 4.97 acres from AG, Agriculture to PD, Planned Development for Tuscany Village, a proposed mixed use commercial development at 4201 W. 1st Street. Tax Parcel Number: 28-19-30-506-0000-0070 Property Owner: MMM Inv., LLC Representative: Michael D. Harding, PE - Hubbell, Roth and Clark, Inc. PH-3 Hold a Public Hearing to consider a request to Rezone 2.27 acres from RI-l, Restricted Industrial to GC-2, General Commercial for Golden Rule Housing for a proposed 24-unit senior living facility at 918 W. 1st Street. Tax Parcel Number: 25-19-30-300-0210-0000 Property Owner: Site Unseen, Inc. Trustee FBO Representative: Ronald 1. Pruitt Staff Reports Citizen Participation Commissioners Reports Adjournment In accordance with the Americans with Disabilities Act, persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk at 407.688.5010 at least 48 hours in advance of the meeting. 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 or she 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) Page 1 of 1 Minutes Planning and Zoning Commission November 19, 2009 - 10 AM City Commission Chambers City Hall, Sanford, Florida Members Present Bobby V onHerbulis, Chairman Brian Yolk Eddie Green Michael Loader Andy Kutz Rami Y osefian Jerry Mills Members Absent Carol Dennison, Vice Chairman - excused Others Present Larry Robertson, Development Services Manager Mary Moskowitz, Planner Mary Muse, Administrative Coordinator Mr, VonHerbulis called the meeting to order at 10 AM. Minutes Mr. Yosefian moved to approve the Minutes of the October 15,2009 Regular Meeting. Mr. Loader seconded. All in favor. Motion carried 6-0 (Mr. Green not present at this time). Proof of Publication Mr, Yolk moved to accept the proof of publications. Mr, Loader seconded. All in favor. Motion carried 6-0 (Mr. Green not present at this time). Public Hearing Hold a Public Hearing to consider a Conditional Use for an Urban Infill Redevelopment project for a 12-unit senior housing facility at 204 Poplar Avenue. Corinthian Management, LLC, property owner; Justin Kovacsik - Corinthian Builders, Inc., representative. Present to speak in favor of was Chad Lee. Present to speak in opposition was Harry Ellis and Edna Brewer, They were concerned about wastewater capacity, possible drainage problems, and safety issues for the senior citizens due to crime in the area. Mr. Mills moved to approve the conditional use for a 12-unit senior housing facility at 204 Poplar Avenue per staff s recommendation. Mr, Y osefian seconded. All in favor ~ Motion carried 7-0. Hold a Public Hearing to consider a request to Rezone 4.97 acres from AG, Agriculture to PD, Planned Development for Tuscany Village, a proposed mixed use commercial development at 4201 W. 1st Street. MMM Inv., LLC, property owner; Michael D. Harding, PE - Hubbell, Roth and Clark, Inc., representative. Minutes - November 19, 2009 Planning and Zoning Commission Page 2 Mr. Mills disclosed his firm produced the architectural drawings for the project and will abstain from voting. Mr. Y osefian moved to recommend the City Commission approve the request to rezone 4.97 acres from AG, Agriculture to PD, Planned Development for Tuscany Village, a proposed mixed use commercial development at 4201 W. 1st Street per staffs recommendation. Mr. Kutz seconded. Motion carried 6-0; Mr.. Mills abstained. Hold a Public Hearing to consider a request to Rezone 2427 acres from RI-l, Restricted Industrial to GC-2, General Commercial for Golden Rule Housing for a proposed 24-unit senior living facility at 918 W. 1 st Street. Site Unseen, Inc. Trustee FBO, property owner; Cynthia Hamilton Smith - Golden Rule Housing and Ronald J, Pruitt, representatives. Present to speak in favor was Chad Lee. Present to speak in opposition was Harry and Marvine Ellis. They were concerned about the possibility of contamination on the property and concerned about the senior citizens having to deal with the noise from adjacent businesses, traffic, and the odor from the wastewater treatment plant. Mr. Mills disclosed his firm produced the architectural drawings for the project and will abstain from voting. Mr. Green moved to recommend the City Commission approve the request to rezone 2427 acres at 918 W. 1 st Street from RI-I, Restricted Industrial to GC-2, General Commercial based on staff's recommendations excluding item 10 (Parking for residential uses shall be no less than one space per unit with a minimum of 50 percent of the dwelling units having direct access to covered parking.) Mr. Loader seconded. All in favor Motion carried 6-0; Mr. Mills abstained. Staff Reports A staff report was included in the agenda packet. Mr. Robertson stated staff is looking at changing all meeting times to 1 0 AM due to budget restraints and asked the board if they have any concerns with the change. The board agreed to have all the meetings at lOAM with the understanding there may be some instances that would require a meeting during the evening. Citizen Participation None. Commissioners Reports None. Adjournment There being no further business, the meeting adjourned at 11: 15 AM. ROBERT VONHERBULIS, CHAIRMAN FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LA T AMt=. IRST N~~. IDDLE NAME NAME OF BOARD~ COUNCll~ COMMISSION. AUTHORITY~ OR .cOMMITTEE , ,'\' de,(r.' "'P\o.. i. .... () ,,:_ ..... .- ..,\ ~..0'1 MA1~G ADDR~S~~ .... . ( ~ ~~." ~ THE BOARD. -COUNCJ- -COMMISSION. AUTHO. I OR COMMITTEE ON · ~ D \.. \J\...). u , . - WHICH I SERVE .IS A UNIT OF: - ~. 0 COUNTY C'TY5-6f\-(O(tA . B. ION: -. DATE ON :'HICH V~~ ~ .CURRED \\ \q,~U... o ELECTIVE POINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county7 city, or other local level of government on an appointed or elected board, council, commission, authorityf or committee. It applies equally to members of advisory and norradvisory bodies who are presented with a voting conflict of i nterest under Section 112.3143, Flori d a Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest win 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 inures to his or her special private gain or loss.. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure 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. 163.356 or 163.357, F,S.f 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 "relatlve" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-tn-law. A "business associate" means any person or entity engaged in Of 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 nlinutes_ 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 Of in wfrting and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECrSION PRIOR TO THE MEETING AT WHJCH 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 88 - EFF. 1/2000 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 I, J"e(r~ lV\~l \\5 , hereby disclose that on N"()J..em ~er (a) A measure came or will come before my agency which (check one) inured to my special private gain or foss; inured to the special gain or loss of my business associate, lt1 . 20 tYl' : inured to the special gain or loss of my relative, '.' . ; Linured to the special gain or loss of k1~~ 1]ld:~~'f"t'tI~ , .:P~{~~-r-l~lo:~ r. by whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. , which :~r~S~::~:~:?;~ii?:;Ji~~~~~" ~~o+ I ~$v.~r{lHbY l~ -~ 1'r)~.~~ ~.~ &oJelOF'A)~\l\:T~~4_.- ot~'"~_Cl\\e~~ ~Y1f.L. AO'~ 1?~, ~ b_VlY\~_~~~ ~t \t\\k)'J~'f4f +~" ~~ ~l#lP+\Or~ _ c?J+ +h(; ~i~~D o.F-fht., ~~('0 <<$!,<\O~ d~'V\.ot ~. "6f'l)- a(('~r tQ~Zoo3__ Date Filed , m" f1\o . ." . ..,. .... ~ J .. -: ~ ; . . - . . I... . . . --------------- 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 A CIVIL PENAL TY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 ..u\e WHO MUST FILE FORM 88 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 inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure 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. 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 abstainrng 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 nlinutes. 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. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETtNG 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 88 . EFF 1/2000 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 ATrEMPT 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 I, ::reff~ JVVI \\5 , hereby disclose that on f\1o~her lC( (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, 7 i nu red to the special gain or loss of : (-.1. 'Ot..-.pe. f.!( il. Oti.-.t:;. ) 7,~ a..t 1.(!loE. . (.....-1 "t -tJ.. C1 whom I am retained; or , 2oCfL: ". by inured to the special gain or loss of 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: T~ ~~'V\6c;.. %0'1') I 17'-)' '@J. C) f ~ '\Ll\ 1 ioT~l' . ~:m 1<Jc- i, -16 ac. - -2 . ~\~ I~ ~~,'~\l~\~t k.6~L.L~~t .Ndl _CJ~~ct~ ~inu" -f~~~~(~: ~~. '~'vJ..1V\~W\_G HB~l_~~" ~y ,~\'t~C<J4cu~\ -CrrHi W:~' r(<bVl~Cd1)~~~'~~.l\.~~vid:~., ,J:. -~~G_U~ f~'W"") .v~h,. .o.rv~ .a-~~v~~,~y lV\'\Jb)~~~i ~ tke '.sf~("" 'f'-~~~~~e~~{,~: f>cu=,'r 1-0 .Htif.. ~~\~ldJt\~ fu6J( tJ WV\t:!i-W, t~ "2. fPP~ \ c-f +" ' ~~~i J which ~~ 'L..... . - - ". -. .. .... .. . ", '", .' ,0). "_~. _ 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 A CIVIL PENAL TV NOT TO EXCEED $10,000. CE FORM 88 - EFF 1/2000 PAGE 2