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02.05.04� City of Sanford IL. PLANNING &ZONING COMMISSION Thursday - February 5, 2004 City Commission Chambers, 1st Floor, Sanford City Hall 300 North Park Avenue, Sanford, Florida Regular Meeting Agenda 7.00 PAN Approval of Minutes January 15, 2004 Regular Meeting Minutes Consent Agenda C -1 Approve the Final Plat for Celery Key, a 300 lot single family subdivision located at 2250 Celery Avenue Tax Parcel Numbers: 29- 19 -31- 300 - 0070 -0000, 29- 19 -31- 300 -0080 -0000 and 29- 19 -31- 300 - 0090 -0000 Property Owner: DR Horton, Inc. Representative: Jeff Newton, Director of Entitlements and Land Development - DR Horton, Inc. Public Hearinas PH -1 Hold a Public Hearing to consider a Conditional Use request to establish a church in a RC -1, Restricted Commercial zoning district located at 1521 Celery Avenue Tax Parcel Number: 31- .19 -31- 501 -OCOO -0060 Property Owners: Nathaniel & Nadine Weaver Representatives: Nathan & Nadine Weaver PH--2 Hold a Public Hearing to consider a Conditional Use request to establish an Automobile Cleaning Establishment in a CC -2, General Commercial zoning district for Sanford Carwash at 515 W. 11 Street Tax Parcel Number: 25- 19- 30 -5AG -1308 -0060 Property Owners: Katherine & Gordon Bishop, and Marion & Gordon Douglas Representatives: Laura Keller and John Herbert, P.E. - American Civil Engineering Development Plans DP -1 Consider the Site Plan for Dunkin Donuts /Baskin Robbins on Lot 2, Live Oak Center at 3778 Orlando Drive Tax Parcel Number: 11- 20-30- 519-- 0000 -0020 Property Owner: DM Huber Family, LP Representative: Roger Strcula, P.E. - Upham, Inc. DP -2 Consider the Site Plan for Spirit of Truth Ministries Church for a proposed 1 ,766 square foot addition and additional parking at 1402 W. 16th Street Tax Parcel Number: 35- 19- 30503- 0000 -0510 Property Owner: Spirit of Truth Ministry Representative: Irene Boyles CPH Engineers, Inc. DP-3 Consider the Site Plan for the North Seminole Business Center, a proposed commercial /office /light industrial development located at 3991 W. 1 St Street Tax Parcel Numbers: 28- 19 -30- 506 - 0000 -0110 and 28- 19 -30- 506 - 0000 -011A Property Owner: Night Owl Properties, LLC Representative: Bobby VonHerbulis — McKee Construction 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 Human Resources office ADA Coordinator at 407- 330 -5626, 48 hours in advance of the meeting. Page 1 of 'I MINUTES PLANNING & ZONING COMMISSION MEETING OF FEBRUARY 5, 2004 7:00 P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT: Ross Robert Brian Volk Andy K.utz Richard Huber Rami Yo sefian Bobby VonHerbulis Carol Dennison Rob Carraway MEMBERS ABSENT: Mike Skat, excused Otto Garrett, excused OTHERS PRESENT: Russ Gibson, Director of Planning and Community Development Mary Muse, Secretary Mr, Robert called the meeting to order at 7:03 P.M. MINI TTE Ss _ Mr, Volk moved to approve the Minutes of the January 15, 2004 Regular Meeting. Mr. VonHerbulis seconded. All in favor. Motion carried. CONSENT AGENDA. Approve the Final Plat for Celery Key, a 300 lot single family subdivision located at 2250 Celery Avenue; DR Horton, Inc., owner; Jeff Newton, Director of Entitlements and Land Development -DR Horton, Inc., representative. Mr, Yosefian moved to approve the Final Plat per Staff s recommendation. Mr- VonHerbulis seconded. All in favor. Motion carried. PUBLIC HEARINGS. Consider a Conditional Use request to establish a church in a RC -1, Restricted Commercial zoning district located at 1521 Celery Avenue; Nathaniel & Nadine Weaver, owners; Nathaniel Weaver, representative. Present to speak was William Snyder, adjacent property owner, He was concerned about possible future restrictions on his property with a church on adjacent property and if the church would be using his property for overflow parking. PLANNING & ZONING COMMISSION MINUTES --- MEETING OF FEBRUARY 5, 2004 PAGE 2 Ms. Dennison moved to approve the request per Staff s recommendation. Mr. Kutz seconded. All in favor. Motion carried. Consider a Conditional Use request to establish an Automobile Cleaning Establishment in a GC-2, General Commercial zoning district for Sanford Carwash at 515 W. 11 Street; Katherine & Gordon Bishop and Marion & Gordon Douglas, owners; Laurel Keller- American Civil Engineering, representative. Mr, Kutz moved to table to allow the applicant to address Staff's concerns. Mr_ VonHerbulis seconded. Mr. Carraway opposed, all others in favor: Motion carried. DEVELOPMENT PLANS. Consider the Site Plan for Dunkin Donuts/Baskin Robbins on Lot 2, Live oak Center at 3775 Orlando Drive; DM Huber Family, LP, owners; Roger Strcula, P.E. - Upham, Inc., representative. Mr VonHerbulis moved to approve per Staff's recommendation with modifications being that the driveway along the front (east side) is to be changed from fourteen (14) feet to sixteen (16) feet wide, the front landscape buffer is to be changed from twenty (20) feet to eighteen (18) feet, the landscaping along the west side shall be completed when the west half of Lot 2 is developed, and all landscaping adjacent to parking spaces is to be installed away from the edge of pavement to prevent any damage in the overhang area. Mr. Kutz seconded. All in favor. Motion carried. Consider the Site Plan for Spirit of Truth Ministries Church for a proposed 1,766 square foot addition and additional parking at 1402 W. 15 Street; Spirit of Truth Ministry, owner; Cal Conklin -CPH, representative. Those present to speak were Mr. & Mrs. Landress (property owners adjacent to the abandoned railroad easement), their daughter and son -in -lave. Their concerns were possible damage to their fence and being blocked in since they access their property at the rear off of the abandoned railroad easement, which the City owns. Also present were Pastor Sharp and Assistant Pastor Neal Stringer of the Spirit of Truth Ministry Church. Mr. Volk moved to approve per Staff's recommendation. Mr. Carraway seconded. After discussion regarding off - street parking if and when the church does not occupy the property, Mr. Volk amended his motion to include the off - street parking shall be re- evaluated at the end of two (2) years and/or if there is a change of use. Mr. Carraway seconded amended motion. All in favor.. Amended motion carried. Consider the Site Plan for the North Seminole Business Center, a proposed commercial./office/light industrial development located at 3991 W. 1 st Street; Night Owl Properties, LLC, owners; Robert VonHerbulis and Steve Esler- McKee Construction, representatives. Mr. VonHerbulis abstained due to conflict of interest. Mr. Kutz moved to approve per Staffs recommendation. Ms. Dennison seconded. All in favor , Motion carried. PLANNING & ZONING COMMISSION MINUTES — MEETING OF FEBRUARY 5, 2004 PAGE 3 CITIZEN PARTICIPATION. None. COMMISSIONERS REPORTS. Mr, Robert read a letter from the Rainwater's that was addressed to the Planning & Zoning Commission thanking the board for the way they handled the meeting regarding the Magnolia Club project. Mr, Gibson reported that Staff will be holding a meeting with the Rose Hill homeowners on Monday, February 9 at 4:00 PM in the Utility Conference Room to address their concerns as it relates to drainage and buffering. Mr. Robert read a letter from J, Kevin Grace, Seminole County Manager, thanking the board for the letter that was sent regarding the properties along w_ SR 46 and that the letter has been forwarded to Sheriff s Office District 2 Code Enforcement officer Pamela Taylor, Mr, Robert informed the board that it is time to elect a Chairman and Vice Chairman. Mr Yosefian moved to nominate Ross Robert as Chairman and Andy Kutz as Vice Chairman. Mr Huber seconded. All in favor. Motion carried. STAFF REPORTS. None. ADJOURNMENT. There being no further business, the meeting adjourned at 9:41 P.M. Ross Robert, Chairman FORM 813 MEMORANDUM OF VOTING CONFLICT FOR _ BOUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS L ,JAM -FIRST NAM!IDDLP NAME � E OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE I #' � � f" 1 �'1�i1!•l\' _ � �Ql►r° �C - .�1 M G ADDRESS. THE BOARD. COII L., GUMMlSStON..AUT . TY OR COMMITTEE ON � WHICH I SERVE IS A UNIT OR CIT COUNTY 7Y F-1 COUNTY ❑OTHER LOCAL AGENCY �n�'a, _ O � OF POItTIC UB ISION: -M. DATE fl WHICH VOTE OCCURRED MY?OSITI IS: ❑ ELECTIVE 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 A oerson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which ,s 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. 163.366 or 163.367 F.S., and officers of independent spec ial 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 16 DAYS AFTER THE VOTE OCCURS by completing and fling 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 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 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 r• ti �1`r - , hereby disclose that on F e-,, 6 i 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 relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which c 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 1 Date Filed ature 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 P CIVIL PENALTY NOT TO EXCEED $1 0 ,000 . RE RIMAND, OR A CE FORM 8B - EFF. 112000 PAGE 2