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04.15.04City of Sanford PLANNING & ZONIN6 COMMISSION Thursday -April 15, 2004 City Commission Chambers, 1 st Floor, Sanford City Hall 300 North Park Avenue, Sanford, Florida Reclular Meetin A enda - 7:00 PAR Approval of Minutes April 1, 2004 Regular Meeting Minutes Pubic Hearinas PH -1 Hold a Public Hearing to consider a Conditional Use request for an Urban Infill Redevelopment Project to allow a change of use from residential to commercial for a non - conforming property located at 819 W. 1st Street. Tax Parcel Number: 25- 19- 30 -5AG- 0311 -0050 Property owners: James V. Pandolfi and Collins L Hendrickson, Jr. Representative: James V. Pandolfi PH -2 Hold a Public Hearing to consider a Conditional Use request for Bill Vick's Trailers to expand the Outdoor Storage /Display and Trailer Sales at 2220 French Avenue. Tax Parcel Number: 36-19-30-523-0000-0250 Property owner- Bob M. Bail, Sr., Trustee Representative: Bill Vick — Bill Vick's Trailers PH -3 Hold a Public Hearing to consider a Conditional Use request for New Creation Lutheran Church to establish a church in an AG, Agriculture zoning district at 550 Upsala Road. Tax Parcel Number: 33- 19- 30-5AF -0000 -0340 Property Owner: New Creation Lutheran Church Representative: Karen Pharis — New Creation Lutheran Church PH -4 Hold a Public Hearing to consider a request to Rezone 0.55 acre from AG, Agriculture to RI -1, Restricted Industrial for the Sanford Auto Auction located at 3005 St Johns Parkway. Tax Parcel Number: 26- 19- 30-5AE -4400 -0000 Property Owner: Showtime Investments, Inc. Representative: Robert VonHerbulis — McKee Construction PH-5 Hold a Public Hearing to amend ordinance Number 3784, rezoning 5.49 acres to PD, Planned Development for Consolidated Investments at 3625 W. 1st Street. Tax Parcel Numbers: 26- 19 -30- 5AE -01 vA -0000 and 26 -19 -30 -5AE -1600 -0000 Property Owner: Consolidated Inv. Properties, Inc. Representative: Ken Ehlers, P.E. Development Plans DP -1 Consider the revised Site Plan for Consolidated Investments, a proposed 22,000 square foot addition to the existing 30,240 square foot American Door facility at 3625 W. 1 st Street. Representative: Ken Ehlers, P.E. 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 447 -330- 561 4, 48 hours in advance of the meeting. Page 1 of 1 MINUTES PLANNING & ZONING COMMISSION MEETING OF APRIL 15, 2004 7.00 P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT: Ross Robert, Chairman Andy Kutz, Vice Chairman Mike Skat Richard Huber Bobby V onHerbuli s Otto Garrett Eddie Green MEMBERS ABSENT: Brian Volk, excused Rami Yosefian, excused Carol Dennison, excused Rob Carraway, excused OTHERS PRESENT: Russ Gibson, Director of Planning and Development Services Eileen Hinson, Planner Mary Muse, Secretary Mr. Robert called the meeting to order at 7:02 P.M. MINI TTF. S _ Mr. Kutz moved to approve the Minutes of the April 1, 2044 Regular Meeting. Mr. Huber seconded. All in favor: Motion carried. Mr. Robert informed those present that Public Hearing item PH -4 (3005 St Johns Parkway Rezone) would be held after the Development Plan item. PUBLIC HEARINGS. Consider a Conditional Use request for an Urban Infill Redevelopment Project to allow a change of use from residential to commercial for a non - conforming property located at 819 W. 1st Street; James V. Pandolfi and Collins L. Hendrickson, Jr., owners; James V. Pandolfi and Collins Hendrickson, representatives. Mr. Skat moved to approve the request per Staff s recommendation. Mr. Kutz seconded and requested to have the site plan approved by Planning and Zoning. Mr. Skat amended the motion to include having the site plan approved by Planning and zoning Commission. Mr. Kutz seconded amended motion. All in favor. Amended motion carried. Mr. Skat requested copies of 705 and 715 w 1 st Street site plans. Consider a Conditional Use request for Bill Vick's Trailers to expand the outdoor Storage/Display and Trailer Sales at 2220 French Avenue; Bob M. Ball, Sr., Trustee, owner; Bill Vick — Bill Vick's Trailers, representative. PLANNING & ZONING COMMISSION MINUTES — MEETING OF APRIL 15, 2004 PACE 2 Mr. Skat moved to approve the request per Staff's recommendation. Mr. VonHerbulis seconded. All in favor. Motion carried. Consider a Conditional Use request for New Creation Lutheran Church to establish a church in an AG, Agriculture zoning district at 550 Upsala Road; New Creation Lutheran Church, owner; John Reynolds- American Civil Engineering, Pastor Robert Rosmond and Karen Phans -New Creation Lutheran Church, representatives. Those present to speak were Mickie Arguiro of 104 Splitlog Place, Virginia Lommerse of 631 Upsala Road, Robert Frische of 107 Sophia Marie Cove, and Julia Wilkinson of 197 Brushcreek Road. Their concerns were the buffer requirements, existing trees to be removed, architectural appearance of the building, widening of Upsala Road, maintenance to the retention pond, and the finish on the concrete wall. Mr , VonHerbulis moved to approve the request per Staff s recommendation with the stipulation that the applicant is to accommodate the adjacent residential communities when developing site. Mr Kutz seconded. All in favor. Motion carried. Amend ordinance Number 3784, rezoning 5.49 acres to PD, Planned Development for Consolidated Investments at 3625 W.1" Street; Consolidated Inv, Properties, Inc., owner; Ken Ehlers, P.E., representative. Mr. Skat moved to table the request until further information is submitted, including specifically how the architectural appearance of the building fagade may be improved. Mr. Kutz seconded. All in favor. Motion carried to table. DEVELOPMENT PLAN. Consider the revised Site Plan for Consolidated Investments, a proposed 22,000 square foot addition to the existing 30,240 square foot American Door facility at 3625 W. 1st Street; Consolidated Inv, Properties, Inc., owner; Ken Ehlers, P.E., representative. Mr. Skat moved to table the request. Mr Kutz seconded. All in favor. Motion carried to table. Consider a request to Rezone 0.55 acre from AG, Agriculture to RI -1, Restricted Industrial for the Sanford Auto Auction located at 3005 St Johns Parkway; Showtime Investments, Inc., owner; Robert VonHerbulis — McKee Construction, representative. Due to Mr._ VonHerbulis being the representative, he abstained from voting. Mr. Huber moved to approve the request per Staff s recommendation. Mr. Skat seconded. All in favor. Motion carried. STAFF REPORTS. Mr, Gibson commended the board for their action regarding the Consolidated Investments case. Mr, Gibson reported that Commissioner Woodruff submitted information from Longwood regarding a formal process that they follow when there are new projects that would affect adjoining properties which would require the applicant to work with the adjacent property owners. Mr_ Gibson stated that even though Sanford does not have this as a requirement, staff does ask the applicant to work with the adjoining owners. PLANNING & ZONING COMMISSION MINUTES — MEETING OF APRIL 15, 2004 PAGE 3 COMMISSIONERS REPORTS. Mr. Huber stated that he received a call from someone regarding the mud bogs extending past 11:00 P.M. and asked if anyone else was receiving calls. Mr. VonHerbulis stated that he heard an appeal was going to be submitted from the community. Mr. Gibson reported that a formal appeal has to be submitted within 30 days from action, which will be April 1 8 th and the City Commission is to consider the request between 30 and 60 days from the date the appeal is received. As of today, an appeal has not been received. Mr. VonHerbulis stated that a Letter is being sent to the City Manager from Cox Lumber giving kudos to the Staff in regards to the way they handled and addressed some difficult issues with the project. Mr. Robert asked for an update regarding the approved site plan for property south of Keller Outdoor on Upsala. Mr; VonHerbulis informed him that there are some legal issues that need to be resolved. Mr, Robert reported that Paul with Paul Trucks and Auto Repair will be submitting a site plan for property located behind his business at 2nd St and Persimmon. Mr. Gibson informed him that a conditional use will be required for the auto use. Mr. Huber stated that when Emerald Hen was approved it was mentioned that there was a parking problem downtown and last weekend there were several vehicles towed from the Bank's parking lot. Mr_ Gibson informed him that the city is very concerned about the parking issue and there will be a meeting with the property owner next week to try and resolve the issue. Mr. VonHerbulis asked about the parking situation at City Hall. Mr. Gibson informed him that beginning Monday, April 19' the parking will be strictly enforced by the Police Department. Mr. Garrett reported that the new business on white Cedar had cars parked along the roadway- Mr. Gibson informed him that he would check the site. Mr, Kutz requested to have a presentation by the CRA in regards to the plans for the downtown area and asked if Planning and Zoning would have any input in the downtown renovations. Mr. Gibson informed the board that the City Manager is the director of the CRA and Bob Parcell is the chairman and he will ask one or both of them to attend a board meeting to give a presentation. Mr. VonHerbulis reported that he had heard that Graybar, an electrical supply distributor, is looking at relocating to the City and asked if anyone knew of a location they were looking at. No one was aware of them relocating to the City. Mr. Skat reported that the old Scotty's building still does not have a site plan submitted and there are still life safety code issues. Mr. Gibson informed him that the Fire Department issued a 30 day notice to rectify the issues and the time has elapsed so he will get with Fire Chief Ransom to address the issue because it needs to be addressed immediately. CITIZEN PARTICIPATION. None. ADJOURNMENT. There being no further business, the meeting adjourned at 9:40 P. 2 Ross Robert, Chairman FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS AME "NAE--MID I$ NAME� NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAI ADDRES THE BOARD, COUNCILObOMMISSION, AUTHORITY COMMITTEE ON x � Cp WHICH I SERVE IS A UNIT OF: CITY COUNTY IN ❑COUNTY El OTHER LOCAL AGENCY if n �� NAMECP,OL TICAL SUB IVISI (� a 2ff rd DATE ON WHIC' V � OCCURRED MY POSITION `'�L R � 1 - 4 ❑ ELECTIVE 6C,APPOINTIVE 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 filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112,3143, FLORIDA STATUTES person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which res to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- aure 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. YOU 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 minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 112000 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 ,hereby disclose that on � 1 � � � , 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, inured to the special gain or loss of my rel Live, .4 inured to the special l a i n o r loss of P 9 , 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. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: q /v,.. Date Filed .f y which * w ure 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 PENALTY NOT TO EXCEED $10,000. CE FORM 8B EFF. 112000 PAGE 2