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11.06.03City of Sanford PLANNING &ZONING COMMISSION Thursday - November 6, 2003 City Commission Chambers, 15t Floor, Sanford City Hall 300 North Park Avenue, Sanford, Florida Regular Meeting Agenda - 7:00 P.M. Approval of Minutes • October 16, 2003 Regular Meeting Minutes Public Hearinas PH -'I Hold a Public Hearing to consider a Conditional Use request for G &H Pest Control for an Urban Infill Redevelopment Project to allow a change of use from single family residential to mixed use (residential and office /commercial) on an existing non - conforming property at 1015 W. 1 t Street Tax Parcel Number: 26 -1 9- 30 -5AG -0200 -0020 Property owner: Tom m ye M. Johnson, Life Estate Representative: Bart Peterson PH -2 Hold a Public Hearing to consider proposed amendments to the city of Sanford Land Development Regulations: Article II — Land Use, Zoning and Performance Criteria Article X1— Glossary Schedule B -- Permitted Uses Schedule C — Area and Dimensional Regulations Schedule D — Planned Development Project Regulations Schedule E — Additional Requirements and Provisions for Specific Uses Schedule J — Landscape, Buffer and Tree Requirements Representative: Antonia Gerli, Principal Planner Staff Reports Citizen Partici ation 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. 4 Page 1 of 1 MINUTES PLANNING & ZONING COMMISSION MEETING OF NOVEMBER 6, 2003 7:00 P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT: Ross Robert Brian Volk Mike Skat Andy Kutz Rami Yosefian Otto Garrett Richard Huber Rob Carraway MEMBERS ABSENT: Carol Dennison, excused Bobby V onHerbuli s, excused Cary Lowell, resigned OTHERS PRESENT: Russ Gibson, Director of Planning and Community Development Andrew VanGaale, Deputy City Manager Antonia Gerli, Principal Planner Nick Balevich, Planner Mary Muse, Recording Secretary Mr. Robert called the meeting to order at 7:02 P.M. MTNTTTFV%. Mr. Yosefian moved to approve the Minutes of the October 16, 2003 Regular Meeting. Mr.. Lutz seconded. All in favor. Motion carried. PUBLIC HEARINGS. Hold a Public Hearing to consider a Conditional Use request for G & H Pest Control for an Urban Infill Redevelopment Project to allow a change of use from single family residential to mixed use (residential and office/commercial) on an existing nonconforming property at 1015 W. 1 st Street; Tommy M. Johnson, Life Estate, owner; Jaqueline Pray, St. Johns Realty, applicant for proposed buyer Mark Hatch. Ad published October 26, 2003. Mr. Kutz stated that he would be abstaining from voting on this case. Present to speak from the public were the current owner Tommye Johnson and Sam Brewer of 1013 W_ 2nd Street. PLANNING & ZONING COMMISSION MINUTES — MEETING OF NOVEMBER 6, 2003 PAGE 2 Mr. Skat moved to approve per Staff s amended recommendation with the stipulation that they are allowed to store chemicals that are allowed by code on the property. Mr. Carraway seconded. Mr. Kutz abstained, all others in favor. Motion carried. Mr. Robert informed the Board that a letter of resignation was received from Gary Lowell and it has been accepted with regret and also asked Staff to send something recognizing his service. Mr, Skat suggested giving him a wall pack light. Mr. Gibson informed the board that Mr.. Lowell expressed his appreciation of the card that was sent in recognition of his mother's passing. Hold a Public Hearing to consider proposed amendments to the City of Sanford Land Development Regulations: Article II -Land Use, Zoning and Performance Criteria; Article XI- Glossary; Schedule B- Permitted Uses; Schedule C -Area and Dimensional Regulations; Schedule D- Planned Development Project Regulations; Schedule E-- Additional Requirement and Provisions for Specific Uses; Schedule J- Landscape, Buffer and Tree Requirements; presented by Deputy City Manager Andrew VanGaale and Principal Planner Antonia Gerli. Ad published October 26, 2003. After discussion, Mr, Skat moved to recommend the City Commission approve the amendments, as modified, to the following sections of the City of Sanford Land Development Regulations (LDR): Article II -Land Use, zoning and Performance Criteria; Article XI- Glossary; Schedule B- Permitted Uses; Schedule C -Area and Dimensional Regulations; Schedule D- Planned Development Project Regulations; Schedule E- Additional Requirements and Provisions for Specific Uses; and Schedule J- Landscape, Buffer and Tree Requirements. Mr, Kutz seconded. All in favor. Motion carried. CITIZEN PARTICIPATION. None. STAFF REPORTS. Mr.. Gibson updated the Board on the status of the rezoning request for the Retreat at Twin Lakes Townhomes reporting that the City Commission directed Staff and the Developer to work with the Calabria Cove residents in regards to the proposed setback. It was agreed that the first fifteen feet adjacent to the existing single - family residential units will be an undisturbed buffer and then there will be multiple tiers and a PVC fence installed instead of a masonry wall. COMMISSIONER REPORTS. Mr. Volk asked for an update on the old Scotty's building. Mr. Gibson reported that there is a meeting scheduled for tomorrow (November 7 with the City Manager, Fire Marshall, and Building Official to discuss moving forward with Code Enforcement. PLANNING & ZONING COMMISSION MINUTES — MEETING OF NOVEMBER 5, 2003 PAGE 3 Mr. Yosefian asked when they would meet the City Manager. Mr. Gibson reported that the City Manager is very interested in meeting the board and hopes to attend in the near future. Mr. Robert reported that he was informed that there is a halfway house for sex offenders on Sanford Avenue located next door to a teen facility for females. Mr. Gibson stated that Staff was made aware of the facility and the operator was informed that it was not allowed and as of this week, the building has been vacated. The operator was informed that before they operate such a facility, they would need approval from Planning & Zoning Commission and City Commission. Mr. Garrett stated that the residents in the Idyllwilde section were told they would have better water pressure when Crown Colony was completed, but they have not noticed any change in the pressure. Mr, Gibson stated that he would check into it. ADJOURNMENT. There being no further business, the meeting adjourned at 9:25 P.M. Ross Robert, Chairman FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COVN Ty _ MVNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS i NAME IR AME— MIDDLE AME NAME OF BOARD, COUNCIL, COMMISSION, AUTHO N, OR COMf�11TTEE MAILING ADD ESS THE BOARD, COUNCIL, COMMISSION, AUTHORN 014 COMMITTEE ON WH CH I SERVE IS A UNIT OF: CITY COUNTY CITY ❑COUNTY El OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION. DATE ON WHICH VOTE OCCURRE MY POSITION Is: ❑ ELECTIVE A 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 11 2.3143, 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 '1'1 2.3'143, FLORIDA STATUTES A person 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 govemment 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 153.357, 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. 1OU 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 20 - (a) A easure 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. N The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed I1 , which 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, OR P CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B EFF. 1/2000 PAGE 2