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12.18.03City of Sanford PLANNING $ZONING COMMISSION .W. Thursday - December 18,2003 City Commission Chambers, 'I Floor, Sanford City Hall 300 North Park Avenue, Sanford, Florida Regular Meeting Agenda - 7:00 PAW Approval of Minutes • December 4, 2003 - Regular Meeting Minutes Public Hearinsas PH -1 Consider a Conditional Use request to establish a Single Family Residential dwelling in a RC--1, Restricted Commercial zoning district for property located at 2455 Grandview Avenue. Tax Parcel Number: 31-19-31-517-0000-0390 Property Owner: Habitat for Humanity Representatives: Ken Van Valkenburg and Helene Funk — Habitat for Humanity PH -2 Consider a request for Matthews Associates to rezone 4.8 acres located at 205 Aero Lane from AG, Agriculture to PD, Planned Development to allow office, indoor manufacturing and indoor wholesale /storage uses. Tax Parcel Number: 25-19 -30- 5AE -1 800 -0000 Property Owner: Night Owl Properties, LLC Representative: Robert Von Herbulis - McKee Construction Develooment Plans DP -1 Consider the Site Plan for Matthews Associates, a proposed 40,000 square foot office, warehouse, and manufacturing facility located at 205 Aero Lane. Tax Parcel Number- 26- 19 -30- 5AE -1800 -0000 Property Owner: Night Owl Properties, LLC Representative: Robert Von Herbulis - McKee Construction Staff Re o its Citizen Participation Commissioners Reports Adjournment M 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 286.0103) Persons with disabilities needing assistance to participate in any of these proceedings should contact the Human Resources office ADA Coordinator at 4073343626, 48 hours in advance of the meeting. Page 1 of 1 MINUTES PLANNING & ZONING COMMISSION MEETING OF DECEMBER 18, 2003 7:00 P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT: Ross Robert Andy K utz Brian Volk Richard Huber Bobby VonHerbulis Carol Dennison Otto Garrett MEMBER ABSENT: Rami Yosefian, excused Mike Skat, excused Rob C arraway, excused Eddie Green, excused OTHERS PRESENT: Russ Gibson, Director of Planning and Community Development Nick Balevich, Planner Mary Muse, Secretary Mr, Robert called the meeting to order at 7:02 P.M. ILVA 1101 off IBM Mr., VonHerbulis moved to approve the Minutes of the December 4, 2003 Regular Meeting. Mr. Huber seconded. All in favor.. Motion carried. PUBLIC HEARINGS. Consider a Conditional Use request to establish a Single Family Residential dwelling in a RC -1, Restricted Commercial zoning district for property located at 2456 Grandview Avenue; Habitat for Humanity, owner; Helene Funk and Ken Van Valkenburg, Habitat for Humanity, representatives. Present to speak in opposition were Charles McIntosh of 2442 Grandview Avenue, Kristina Erickson of 2448 Grandview Avenue, and Brian Jones of 2444 Grandview Avenue. Their concerns were noise, traffic, and water /sewer problems. A letter from Ali Akbar Afshari was also presented. Mr Afshari's concern was additional requirements being attached to the conditional use approval on his commercial property to the south. PLANNING & ZONING COMMISSION MINUTES — MEETING OF DECEMBER 18, 2003 PAGE 2 Mr. VonHerbulis moved to approve per Staff s recommendation with an additional stipulation that the City is to investigate the water and sewer concerns and problems in this area and have them rectified prior to the building permit being issued. Mr. Kutz seconded. All in favor. Motion carried. Consider a request for Matthews Associates to rezone 4.8 acres located at 205 Aero Lane from AG, Agriculture to PD, Planned Development to allow office, indoor manufacturing and indoor wholesale /storage uses; Night owl Properties, LLC, owner; Steve Esler, McKee Construction, representative. Mr, Kutz moved to approve per Staff s recommendation. Ms. Dennison seconded. Mr. VonHerbulis abstained, all others in favor, Motion carried. DEVELOPMENT PLANS. Consider the Site Plan for Matthews Associates, a proposed 40,000 square foot office, warehouse and manufacturing facility located at 205 Aero Lane; Night owl Properties, LLC, owner; Steve Esler, McKee Construction, representative. Mr Kutz moved to approve per Staff s recommendation. Mr. Huber seconded. Mr, VonHerbulis abstained, all others in favor, Motion carried. CITIZEN PARTICIPATION. None. COMMISSIONERS REPORTS, Ms. Dennison read a letter submitted to the City by FDOT which stated that they have justified the installation of a traffic signal and mainline protected left turn phases at Central Park Drive and SR 46. Mr. Gibson commended the Board for initiating this pursuit and having staff contact FDOT in regards to the need for the traffic signal. Also, in February 2004 the realignment of the traffic signal at Walmart will begin. Walmart currently has three entrances with a traffic signal at the middle entrance and with the new alignment there will be a traffic signal at Americana Boulevard where Sonny's entrance is located and one at the south entrance where Lowe's entrance is located, with no signal at the middle entrance. Mr. Huber asked about the status of the auction business on SR 46. Mr . Gibson reported that staff is taking photos of the site along with drafting a letter to Seminole County. PLANNING & ZONING COMMIS MINUTES — MEETING OF DECEMBER 18, 2003 PAGE 3 Mr, Robert reported that he and Mr, Kutz attended a presentation by North American Properties for The Marketplace, a 600,000 square foot retail facility, Mr. Gibson stated that this is the first project in Sanford designated as a Regional Activity Center and the city will be working close with the developer to ensure this project will meet all of the City's requirements. STAFF REPORTS. Mr. Gibson thanked each member for their contribution and dedication and wished them "Happy Holidays." ADJOURNMENT. There being no further business, the meeting adjourned at 8:33 P . M . ,2 0--C�L4 i eo_ 4 Ross Robert, Chairman FORM 813 MEMORANDUM OF VOTING CONFLICT FOR _ COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS L a NAME ST NA E—MI DLE NAM l NA ? BOARD, COUNCIL, COMMISSION, AUTH RITY, OR COMMITTEE tk 1 � 1�. � � �� 1 �I C4�1 E1 1 � - ' I t1 `!l i t3 s1 ING ADDRE THE BOARD, COUNdk COMMISSION, AUT66RITY OR COMMITTEE ON LA WHICH I SERVE IS A UNIT OF: IN ❑COUNTY ❑OTHER LOCAL AGENCY C N ry � C�)) � CO ��-� Y ! �► � � � � NAM FP LITICAL SUB SIO Dre') DATE ON WHICH VO TE OCCURRED MY P SITION �– I 11 C) 'A MY ELECTIVE ��PPOINTIVE WHO MUST FILE FORM 8E3 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 yes 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 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 a ej - , hereby disclose that vn �- p (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. 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: Date Filed by which s ■ ignature 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 P CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM SB - EFF. 1/2000 PAGE 2