Loading...
12.17.09 City of Sanford Planning and Zoning Commission Thursday - December 17,2009 City Commission Chambers Sanford City Hall 1st Floor 300 North Park Avenue, Sanford, Florida Regularly Scheduled Meeting Agenda 10 AM Approval of Minutes . November 19, 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 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 PH-2 Hold a Public Hearing to consider Rezoning 0.57+/- acre from RC-l, Restricted Commercial to PD, Planned Development to allow Vehicular Repair, Service and Vehicular Accessory Sales and Installation to the existing uses at 1121, 1123, 1127 Sanford Avenue and 402 Celery Avenue. Tax Parcel Numbers: 25-19-30-5AG-130A-OI00, 30-19-31-522-0000-0037/037A/0390 Property Owners: Rager Studios, Inc. and Communication Technologies, LLC Representative: Gary Rager - Rager Studios, Inc. PH-3 Hold a Public Hearing to consider a Conditional Use for an Urban Infill Redevelopment project for a proposed AutoZone, a retail sales and service establishment at 3450 Orlando Drive. Tax Parcel Numbers: 11-20-30-300-01 OA-OOOO and 11-20-30-300-0110-0000 Property Owner: Edward Meixsell Representative: Justin Polk, P.E. - CPH Engineers, Inc. PH-4 Hold a Public Hearing to consider a Variance to allow signage on the canopy above the gas pump islands for RaceTrac located at 4115 E. SR 46. Tax Parcel Numbers: 03-20-31-300-0030-0000 and 03-20-31-300-003C-0000 Property Owner: RaceTrac Petroleum, Inc. Representative: Todd Duplantis - RaceTrac Petroleum, Inc. Elections . Chairman . Vice-Chairman 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 December 17,2009 - 10 AM City Commission Chambers City Hall, Sanford, Florida Members Present Bobby V onHerbulis, Chairman Carol Dennison, Vice Chairman Brian V olk Eddie Green Michael Loader Andy Kutz Jerry Mills Members Absent Rami Y osefian - 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. Loader moved to approve the Minutes of the November 19,2009 Regular Meeting. Mr. Kutz seconded. All in favor. Motion carried 7-0~ Proof of Publication Mr. Kutz moved to accept the proof of publications. Ms. Dennison seconded. All in favor~ Motion carried 7-0. Pu blic Hearings Hold a Public Hearing to consider a Conditional Use for an Urban Infill Redevelopment project for a proposed 24- unit senior living facility at 918 W. 1st Street. Site Unseen, Inc. Trustee FBO, property owner; Cynthia Smith - Golden Rule Housing, representative. Mr. Mills disclosed his firm is involved with this project and will abstain from voting. Ms. Dennison moved to approve the conditional use for a 24-unit senior housing facility at 918 W. 15t Street per staff's recommendation. Mr. Kutz seconded. Motion carried 6.0, Mr. Mills abstained. Hold a Public Hearing to consider Rezoning 0.57+/- acre from RC-l, Restricted Commercial to PD, Planned Development to allow Vehicular Repair, Service and Vehicular Accessory Sales and Installation to the existing uses at 1121, 1123, 1127 Sanford Avenue and 402 Celery Avenue. Rager Studios, Inc. and Communication Technologies, LLC, property owners; Gary Rager - Rager Studios, Inc., representative. Mr. Kutz moved to recommend the City Commission approve the request to rezone 0.57+/- acre from RC-I, Restricted Commercial to PD, Planned Development to allow Vehicular Repair, Service and Vehicular Accessory Sales and Installation to the existing uses at 1121, 1123, 1127 Sanford Avenue and 402 Celery Avenue per staff's recommendation. Mr~ Green seconded. Motion carried 7-0. Minutes - December 17,2009 Planning and Zoning Commission Page 2 Hold a Public Hearing to consider a Conditional Use for an Urban Infill Redevelopment project for a proposed AutoZone, a retail sales and service establishment at 3450 Orlando Drive. Edward Meixsell, property owner; Justin Polk, P.E. - CPH Engineers, Inc., representative. Ms~ Moskowitz distributed a revised staff recommendation which changed item #7 to include a fine assessment if there are batteries or oil stored outside the building, any chemical spills outside the building, and if there is any auto related work involving oils, hydraulic fluids, coolants, cleaners, or hazardous material preformed by the customer or owner on the property and added an item stating a site development permit cannot be approved unless full compliance with Schedule M, section 6.0 Well Field Protection of the LDR is demonstrated~ Mr. Kutz moved to approve the conditional use for a proposed AutoZone, a retail sales and service establishment at 3450 Orlando Drive per staffs revised recommendation. Mr. Yolk seconded. All in favor. Motion carried 7-0. Hold a Public Hearing to consider a Variance to allow signage on the canopy above the gas pump islands for RaceTrac located at 4115 E~ SR 46~ RaceTrac Petroleum, Inc., property O\V11er; Travis Henegar - RaceTrac Petro I eum, Inc., representative ~ Mr. Loader moved to approve the variance to allow one digital gas price sign and one RaceTrac sign on the canopy above the gas pump islands for RaceTrac located at 411 5 E~ SR 46. After discussion, Mr. Loader withdrew his motion. Mr. Mills moved to deny the variance to allow signage on the canopy per staff recommendation. Motion died due to lack of a second. Mr. Green moved to approve the variance to allow one digital gas price sign on the canopy at a location chosen by the applicant~ Mr. Loader seconded. Motion failed 6-1 (Mr. Green in favor). Mr. Kutz moved to approve the variance to allow one digital gas price sign and one RaceTrac sign on the canopy above the gas pump islands at a location chosen by the applicant. Mr~ Loader seconded. Motion carried 5-2 (Mr. Mills and Mr. Yolk against). Elect Chairman and Vice Chairman Mr. Kutz nominated Carol Dennison to serve as Chairman. Mr. VonHerbulis seconded. All in favor. Motion carri ed. Mr. VonHerbulis nominated Andy Kutz to serve as Vice Chairman. Mr~ Mills seconded. All in favor. Motion carried. Staff Reports A staff report was included in the agenda packet. Citizen Participation None~ Commissioners Reports Mr. VonHerbulis stated he appreciates the board's dialogue with the different thoughts and recommendations and not rubber stamping staff's recommendations. Adjournment There being no further business, the meeting adjourned at 11: 11 //---~ A ~ LA FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ~E OF BOARD, COUNCIL, COMMISSION, AUTHORITY~ ....... t' ... ~ 0'" \S'S ~ THE BOARD. COUNCI MMISSION, AUTHORITY C~MITTEE ON WHICH 1 SERVE IS A U OF ITY 0 COUNTY F.... UTICAl S o ELECTIVE '1 WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city 7 or other loea I level of government on an appoinled or elected board I counci I. commiss ion. authority, or com mittee. It appl ies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143. F landa Statutes. Your res po nsi bilities under the law when faced with voting 0 n a measure in which you have a conti ict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason t please pay close attention to the instructions on this form before comp!eti ng th e reverse side and filing the formA ~. ... ~. . 1 '.. " INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ASS T AIN from voting on a measure wh ich 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 :;he i,s. ~tained (ineluding the parent organization or sObsidiary 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 busines:s associate. Co~missione.rs of. community redevelopment"agencies under Sec~ ~63.356 or 163A 357 ~ F - S. t a nd officers of independent spec;al" tax 'd istricts elected on a one-acr~ ~ one-vote basis are not prohibited from voting in that ca pacity . For purposes of this law. a ~retativen includes only the officers father, mother. sont daughter, husband. wife. brother, sister, father-in-Iawt mother-in-taw, son-in-law. and daughter-in-law. A ubusrness associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a pa rtner, joint venturer. coowner of pro pe rty. or corporate shareholder (where the shares of the corporation a re not lis te d on a ny national or regional stock exchange). ELECTED OFFICERS: In addit~on to abstaintng from voting in the situations described above. you must disclose the conflict PRIOR, TO THE VOTE BEING TAKEN by publicly stating to the assembty the nature of your interest in the measure on which you are a bs tai ni ng from voting; and WITH~N 15 DAYS AFTER THE; VO!E OCCURS by completing and filing this form with the person responsible for recordfng the min- utes df the meeting. whO should ~ncorporate the form ;n the nl inute s. . . APPOINTED OFFICERS: Afthoug h you must absta in from voti ng in the situations descr'bed above ~ you otherwise may participate in these matters. However. you must disclose the nature of the conti ict before making any atte mpt to inn ue nee the decision. whether oraUy or in wri ti ng a nd whether mad e by you or a t your d trect~on ~ IF YOU lNTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECtS!ON PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and file this form (before making any attempt to tnfiuence the dectsion) with the person responsrble for recording the m~nutes of the meeting. who win incorporale the form tn the minutes. (Continued on other side) CE r-OHM 8 B . EF r-. 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 pubticly at the next meeting after the form is filed ~ IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · Yau must disclose ora Jly the nature of your conflict in the measure before pa rtici pating_ · 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 publ icJy at the next meeting after the form is tiled. DISCLOSURE OF LOCAL OFFICER'S INTEREST I.Je r' (cr fV\ -L t \5 . hereby disclose that on 't':e~~e.I 'J (a) A measure came or will come before my agency which (check one) inured to my special private garn or loss: inured to the spedal gai n or loss of my business associate t - inured to the special 9a tn or loss of my relative, -.Jinured to the special gain or loss of C~'-Q ~ N-_R Uve J ~e.14l 0 'f:Z. L.l.J t J.J 6 , by ,20m: whom f am retai ned: or inured to the special gain or loss of is the parent organization or subsid iary of a pri ncipal wh tch has reta ined me. , which (b)The~=::.ag=::dt~n;:;~nfli:tintet:;temprtiZ:fO=~+\O) ~h,~ ""~ ,).. ll~P Vf ~10e..,.-t ~6, Co~l+'01\.A.\ lJ~e, '" ---1~,_1.~<23-____~____~_~~ Date Fited .~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, 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