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03.19.92WORKSHOP AGENDA PLANNING AND ZONING i oMMSSIO1 March 19,1992 P.I. CITY COMMISSION Roots, CITY wow• CITY of SANFORD , FLORIDA I. City Attorney discussion of decisions by the Planning and Zoning Commission . ADVICE THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above meeting, 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 286.010 Extension has been inspected and all deficiencies are found to be corrected. The City of Sanford hereby accepts this extension for maintenance . MINUTES PLANNING AND ZONING COMMISSION wORSESSIOI MARCH 1, 1992 6.30 P.M. CITY COMMISSION CHAMBER MEI ERS PRESENT: Helen Stairs Ben Dyal Joe Dennison Tom Speer MEMERS AB John LeRoy Jerry Johnson Eddie Keith Cathryn welch Leon Brooks OTHERS PRESENT Jay Marder, Director of Planning and Development Bettie Sonnenberg, Land Development Coordinator Marion Anderson, Recording Secretary Bill Rei clunann, Stenstrom- McIntosh Law Firm was present for a discussion of decisions by the Planning and Zoning Commission. He stated that the Planning and Zoning Commission meetings are Quasi Judicial Hearings. Florida Courts have made a distinction and divided hearings between Legislatives. Quasi Judicial Hearings are not count formal. Included are rezonings, conditional uses, variances, and vacating roads or easements. Quasi Judicial Hearings are where you apply special laws to specific individuals for a specific set of facts. Laws are not being changed, but rather apply the law to an individual, to dive that individual and those effected more "due process" . The Commission must dive an individual more nights to be heard. The Commission must do the following. Provide a notice of hearing, give an opportunity to be heard, allow the applicant a right to present evidence, and allow the applicant a right to cross examine witnesses. Applicant has the right to ask questions of staff, and also question the person that is protesting. Even though it is not specified, the public has the right to question the applicant. The Board has to tell the applicant the facts that the conclusion of law is based on. The Commission must make specific findings. Write down motes that influence. Cite reasons for motions. If you do not comply with stating the facts, the applicant can sue because his rights have been denied. WOR, E 1 N PLANNING AND ZONING COMMISSION MEETING of MARCH 19, 1 PAGE 2 Mr. Reishmann pointed out that people coning up to one of the Commission Members and talking about a matter before the matter is heard by the Conunission, in Quasi Judicial Hearings, is illegal. If a letter is seat to a Commissioner this is dif ferent, a copy should be made and put into the public record. Staff is different. Applicants can approach staff because staff has no vote on the Commission. The Commission should not talk to applicants, Florida Law has inhibited the Commission. If an applicant feels that there has been are a -parte communication, they have a right to file in the court and can prove that there has been a -ante communication, the City would then have to prove that it is not prejudicial. All the applicant would win would be a chance to Borne back before the Commission and present the case again. There is no individual liability. You have a duty as a commission for the City of Sanford. Site plans are also Quasi Judicial because of general lags being applied to a specific hearing. Mr. Dyal asked if staff could review the site plans and brief the Commission on the findings. Mr. Speer asked what authority does the Commission have when it looks at the site plan and it wants to have a 3 gallon plant, when the man could get by with a 1 gallon plant. Mr. Reischmann stated that the authority is outlined in the Code, the proposed site plan has to be consistent with the comp Plan and that the proposed plan meets or exceeds all specifics of the comp Flan. The Commission must use collective hest judgement and make recommendations based upon objections of the Sanford Code. Mr. Marder to draft duties of the board, have it reviewed by legal staff, and present to the commission. Meeting adjourned at 7:00 P.M. MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 19, 1992 7:00 ! M • CITY COMMISSION CHAMBERS MEMBERS PRES John LeRoy Tom Speer Cathryn welch Joe Dennison Ben Byal Leon Brooks Helen Stairs M EMBERS ABSENT Jerry Johnson Eddie Keith OTHERS - PRESENT Jay Marder, Director of Planning and Development Bettie Sonnenberg, Land Development Coordinator Marion Anderson, Recording Secretary The f irst item on the Agenda was to hold a Public Hearing to consider the First Annual Comprehensive Plan Amendment for 1992. Mr. Mard r stated that there are 9 changes to the proposed Future Land Use Plan Map with most of the changes being annexations. Also, there are several minor wording changes to the Future Land Use Plan Element. The table entitled 'Proposed Future Land Use Plan Map Changes" reflects specific information such as stif ication, facility impact and existing use for the various sites to be changed and/or incorporated into the Plan. Map numbers noted on the table correspond to the Future Land Use Plan. Proposed First Annual Plan Amendment-1992 which is included in the Land Use Element Goals Objectives and Policies as Map loo. 1-1. Future Land Use Map Series. Mr. Marder entered the Future Land Use Plan Map into the record. Mr. Robert Brisson, 206 S. Crystal Br., Samford, requested an amendment to the Comprehensive Plan on two lots that he owns. Mr. Brisson stated that he owns Lots 6, 7, 8 9, and 1, Block 11, Tract 7. Lots 6, 7, 8 are zoned commercial for funeral home use, and Lots 9 and 10 are zoned residential. He requested that Lots 9 and 10 he changed to the same as Lots 6, 7, and 8 for expansion of the funeral home. Mr, Brisson stated that he is not sure when the proposed expansion will take place. MINUTES PLANNING AND ZONING COMMISSION MEETING OF MARCH 19, 1992 PAGE Mr. Dyal asked Mr, larder if Mr. Brisson ' s request is included in the First Annual Comprehensive Plan Amendment as presented. Mr. Mrder stated "n. The way to handle this is to recommend the changes as contained in the staff report as well as the request b Mr. Br i s s on be recommended to the city Commission for approval". Mr. Speer made a motion to adopt and recommend to the city Commission the lard use plan changes as recommend by staff and also .and use change recommended by Mr. Brisson on Lots 9 and 10. Seconded by Mr. Brooks. All in favor. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a request to Rezone from MR-3, Multiple- Family Residential, to that of RMOI, Multiple Family Residential-Office- Institutional, property located at 1006 W. 25th Street. Owner: Lloyd c & Gloria Tate; representative; Becky courson. Tabled March 5, 19928 Mr. Dyal to moved to remove from table. Seconded by Mr. LeRoy. All in favor. Action carried. Becky Courson, cours n company, 300 International Parkway, Heathrow, stated that she was present to represent a proposed buyer who wants to open an optician's office, she stated that the use is in lime with the Comprehensive Plan and the Land Use Map. Mr. Dyal roved to approve as presented. Seconded by Mrs. Welch. All in favor. Motion carried. The next item on the Agenda was to hold a Public Hearing to consider a request to Rezone from AG, Agricultural, to that of MR- 1, Multiple Family Residential, for property located at 3530 S. Sanford Avenue. Owner: William o. & Marrian T. Blalock; representative: William R. Miller. William R. Miller, 108 Robin Road, stated that he was representing Mr. and Mrs. Blalock. Mr, Miller stated that the property is under contract to proceed with a proposed single family subdivision. The property lies contiguous with property rezoned last fall. staff has reviewed it and has recommended its approval. Mrs. Stairs moved to approve based on staff's recommendation. Seconded by Mr, Dyal. All in favor. Motion carried. The next item on the Agenda was the consideration of the site plan for a church for the Sanford Christian Church, located at Upsala Rd., in an AG, Agriculture District. MINUTES PLANNING AND ZONING COMMISSION MEETING of MARCH 19, 1992 PAGE Owner: Sanford Christian church; representative; M. R. Lazenby, P.E. Tabled March 5. 1992. Mack R. Lazenby, 1042 E. 24th st., Sanford was present for representation. Mr. LeRoy made a motion to remove from the table, Seconded by Mrs. Welch. All in favor. lotion carried, Mr. Lazenby apologi zed for missing the first meeting on which this item was scheduled, He stated that staff has recommended approval with minor improvements in which there are no objections. Mr. Lazenby stated that he was pleased to report that as of, eery close to 5:00 p.m. today, the County was not going to require the church to do the left turn lanes on Upsala until such time as the church starts Phase 2. Mr. Lazenby requested some clarity as to the roadway right-of-way. He stated that he would like to rake it clear that this is not to be a gift unless it is a re quirement of the City that the church absolutely have to dedicate this right -of- way. Mr. Mardr stated that this is a County road but the City supports the County's right to obtain this right-of-way. Mr. larder stated that it is requirement of the City because it is a designated right-of-way. Mr, Speer roved on approval as recommended by the Staff's recommendations of 3/5192. Seconded by Mr. LeRoy. All in favor. Motion carried . Mr. Lazenby also stated that there is a tin building on the site which is in dire need of repair but it is not feasible to repair. He stated that the church would life to replace the building with a concrete block structure. Mrs, Sonnenberg stated that this would be for staff approval. Mrs. Sonnenberg stated that the City Commission has adopted the Code Enforcement Program, The City Commission has approved Sterling Woods Subdivision with one accessway through Lake Mary Blvd. And also, the City Commission has given permission for a bed and breakfast at 1011 Oak Ave. to come before the Planning and Zoning Commission for a conditional use public hearing . Mr. Marder stated that regarding the code Enforcement Program, the City has limited this particular type of citation to a very few sections of the city Code. There will be certain designated city officials I. This program will handle problems that basically come and go, i.e. loud noise, junk in the yard. code enforcement officers will be required to issue a warring before any citations are issued. The officers will go through some type of training for MINUTES PLANNING AND ZONING CABIN MEETING OF MARCH 19, 1992 ArV- d issuing citations. This will be somewhat limited, The City Commission has to designate these particular officials of the city and create the training by resolution. Mr. Speer: moved for approval of minutes as circulated. Seconded b . LeRoy, All in favor, Motion carried, There beihg no further business, the meeting adjourned at 7:40 P . M 0 &oe Dennison, Chairman