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12.02.04City of Sanford PLANNING & ZONING COMMISSION Thursday - December 2, 2004 City Commission Chambers, 1" Floor, Sanford City Hall 300 North Park Avenue, Sanford, Florida Regular Meeting Agenda - 7:00 P.M. Approval of Minutes November 18, 2004 Regular Meeting Minutes Consent Agenda C -1 Approve the Site Plan for the Citadel Building, a 1,776 sq. ft. office building at 515 W. 11` Street Property Owner: JD Inc. LLC Tax Parcel Number: 25- 19- 30 -5AG- 1308 -0060 Public Hearinas PH -1 B Hold a Public Hearing to consider a Small Scale Comprehensive Plan Amendment to change the Future Land Use Designation for property located at 1160 W. Lake Mary Boulevard Tax Parcel Number: 10- 20 -30- 300 - 0160 -0000 Property Owner: Lake Mary Development Partners, LLC Representatives: Shane Murray — Golden Florida Management and David Nelson, P.E. — PEC Engineers PH-113 Hold a Public Hearing to consider a request to Rezone 25.43 acres from AG, Agriculture to PD, Planned Development for the Lake Mary Complex, a townhome community proposed at 1160 W. Lake Mary Boulevard Tax Parcel Number 10- 20 -30- 300 - 0160 -0000 Property Owner: Lake Mary Development Partners, LLC Representatives. Shane Murray— Golden Florida Management and David Nelson, P.E. — PEC Engineers Development Plans DP -1 Consider the Site Plan for the Silver Lake Business Center and the Preliminary Subdivision Plan for the Reserve at Silver Lake, a proposed mixed use commercial /residential subdivision at 2100 E. Lake Mary Boulevard Tax Parcel Numbers: 07- 20 -31- 300 -0190 -0000 and 07- 20 -31- 300 -0196 -0000 Property Owner: Abdulhussein Family LP Representative: Jim Jessa 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 -5610, 48 hours in advance of the meeting. Page 1 of 1 MINUTES PLANNING & ZONING COMMISSION MEETING OF DECEMBER 2, 2004 7:00 P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA Ross Robert, Chairman Andy Kutz, Vice Chairman Brian Volk Mike Skat Richard Huber Rami Yosefian Bobby VonHerbulis Otto Garrett MEMBER ABSENT Carol Dennison - excused OTHERS PRESENT: Russ Gibson, Director of Planning and Development Services Mary Muse, Secretary Mr. Robert called the meeting to order at 7:06 P.M. MINUTES, Mr. Huber moved to approve the Minutes of the November 18, 2004 Regular Meeting. Mr. Volk seconded. All in favor. Motion carried. CONSENT AGENDA. Approve the Site Plan for the Citadel Building, a 1,776 square foot office building at 515 W. 11" Street; JD Inc. LLC, owner. Mr. Skat moved to approve the Site Plan per staff's recommendation. After discussion, Mr. Skat withdrew his motion and Mr. VonHerbulis moved to approve the Site Plan per staff's recommendation with changes as noted on site plan (handicap parking space is required to be 20 feet, not 19 feet; a 5 foot backup area is required for the west end parking space and the east end parking space; reconfigure the retention pond at the rear of the building in order for the rear exits to comply with code requirements). Mr. Skat seconded. All in favor Motion carried. The Commission requested staff present Final Site Plan (Engineering) to the board for their information. PUBLIC HEARINGS. Consider a Small Scale Comprehensive Plan Amendment to change the Future Land Use Designation for property located at 1160 W. Lake Mary Boulevard; Lake Mary Development Partners, LLC, owner; Shane Murray- Golden Florida Management and David Nelson, RLA -PEC Engineers, representatives. Present to speak were Beth Rodriquez- representative for Dalton Place Apartments, Susan Lofvers -101 Oak View Place, and Shonna Cain -623 Grovewood Avenue. Their concerns were additional housing in a soft market, traffic, drainage, and with Sterling Pine Street (a portion of) being owned by Dalton Place, no one from this new project has approached them to request easement access. PLANNING & ZONING COMMISSION MINUTES — MEETING OF DECEMBER 2, 2004 PAGE 2 Mr. Skat moved to approve the Small Scale Comprehensive Plan Amendment per staff's recommendation. Mr. VonHerbulis seconded. All in favor. Motion carried Consider a Rezone request to rezone 25.43 acres from AG, Agriculture to PD, Planned Development for the Lake Mary Complex, a townhome community proposed at 1160 W. Lake Mary Boulevard; Lake Mary Development Partners, LLC, owner; Shane Murray - Golden Florida Management and David Nelson, RLA -PEC Engineers, representatives. Present to speak were Susan Lofvers -101 Oak View Place and Beth Rodriquez - representative for Dalton Place Apartments. The concerns were traffic and number of proposed stories (two instead of three). Mr. VonHerbulis moved to approve the Rezone per staff's recommendation with a modification to item #2 (increase to 1,400 square foot minimum living area) and number 2 under general notes on the master plan (allow a three story building with a maximum 35 ft height for units 1 thru 18 and a two story building for units 19 thru 30). Mr. Skat seconded. All in favor. Motion carried. DEVELOPMENT PLANS. Consider the Site Plan for the Silver Lake Business Center and the Preliminary Subdivision Plan for the Reserve at Silver Lake, a proposed mixed use commercial /residential subdivision at 2100 E. Lake Mary Boulevard; Abdulhussein Family LP, owner; Michael Cash -CSI Engineering and Jim Jessa, representatives. Present to speak was Art Woodruff -owner of 3545 Mellonville Avenue. Upon recommendation of Mr. Gibson and Mr. Cash, applicant, to table in order to address additional issues, Mr. Kurz moved to table. Mr. Huber seconded. All in favor. Motion carried. ADD ON ITEM. Consider the Revised Site Plan for Florida Recycling Facility located at 555 N. White Cedar Road; Sanford Recycling and Transfer, Inc., owner; Robert VonHerbulis -McKee Construction, representative. Mr. Skat moved to approve the revised Site Plan per staff s recommendation with the exception to item 5 (allow the southern driveway to be a gated emergency access and require it to be approved by the City first before it is used). Mr. Yosefian seconded. Mr. VonHerbulis abstained, all others in favor. Motion carried. STAFF REPORTS. Mr Gibson invited those in attendance to a joint City Commission meeting with the CRA and Waterfront boards on December 8`" at 4:00 PM to discuss the design and use of Ft Mellon Park. Mr. Gibson stated that the December 16` Planning and Zoning Commission meeting will be canceled, if there is no objection. He stated that the projects that are in review are not in an appropriate status to bring before the board at this time. Mr. Gibson distributed a current Planned Residential Development in Sanford Map. Mr. Gibson reported that he checked on the status of the traffic signal to be installed on 17/92 at the Lowe's/WalMart entrance and he was advised that the delay was due to changes in personnel (CPH, FDOT). Mr Gibson thanked the members for their service and wished them Happy Holidays. PLANNING & ZONING COMMISSION MINUTES — MEETING OF DECEMBER 2, 2004 PAGE COMMISSIONERS REPORTS. Mr. VonHerbulis asked for an update on the traffic signal at Northstar Industrial Park and SR 46. Mr Gibson stated that he would check into it. Mr. Kutz stated that the City needs an "armature" to use as a basic tool for planning Mr. Robert asked about a fence between the Bank and Payless Shoe Store at the WalMart shopping center. Mr Gibson stated that he would follow up with Kimco regarding the landscaping buffer between both properties. Mr. Skat asked when the joint planning session with the Commission and City Manager would take place. Mr Gibson read a letter, which is being sent to each board member, from the City Manager addressing volunteer board issues. Mr. Gibson informed Mr. Skat that he has reiterated the board's concern to the City Manager about having a joint meeting. Mr. Skat asked Mr. Gibson for a Townhome breakdown like the one that was provided on the apartments. Mr. VonHerbuhs: stated that he was informed that there are negotiations with Hooters to purchase the vacant Just for Feet building at the Mall. Mr. Kutz moved to propose that this board send a recommendation through Mr. Gibson to the City Commission to allow Planning and Zoning to adopt the functions of the Historic Preservation Board in order to help expedite the requests. Mr. Yosefian seconded. Motion failed 6 to 2. Those against were Volk, Skat, Huber, Robert, VonHerbulis, and Garrett. CITIZEN PARTICIPATION. None. ADJOURNMENT. There being no further business, the meeting adjourned at 10:02 P.M. Ross Robert, Chairman FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS L AA ME IRST AME IDDLE NAM N OE BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE fl I 'I' Qrl I 1 j ING ADDRE �� Jl � �I THE BOARD. COD IL, COMMISSION, AU RITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OP rY ❑COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY �e N r o i t_ CJ POLITICAL BD ION- DATE O�N W VOTE OCCURRED Cpl -, OT 9 V ^�� MY POSITIO IS'. ❑ ELECTIVE POINTIVE WHO MUST FILE FORM 813 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 fling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A oerson holding elective or appointive county, municipal, or other local oublic office MUST ABSTAIN from voting on a measure which 1s 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 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 minutes. 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. OU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING 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 min utes of the m eeting, wh will inc the form in th minutes. (Continued on other sid CE FORM 6B - 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 1"l" I, )1) L d \� • on 4` o c,� I, I{ ` 1 , hereby disclose that on l 1(' �f „2 20 (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, A A a C OA31 yi0 inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which 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: Date Filed Signature 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, FN A CIVIL PENALTY NOT TO EXCEED $10,000. , CE FORM 83 - EFF. 112000 PAGE 2