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01.03.85MINUTES Planning and Zoning Commission Jan. 3, 1985 7:00 P.M. Members Present: John Morris, Cha irman Brent Carli Gary L. Davidson C. B. Franklin J. Q. Galloway Cliff Miller Sheila Roberts Members Absent: Darrell Grieme Others Present: W. E. Knowles, City Manager Steven Harriett, Assistant City Manager Bettie Sonnenberg, Zoning Inspector The meeting was called to order at 7:00 p.m. by the Chairman, John Morris. The first item was a Public Hearing to consider a request for rezoning from AD to MR -2, that property located S. of U.S. Highway 17 -92, W. of Terwilliger Lane and N. of Narcissus Road for the purpose of multi- family luxury condominiums, represented by Jim Branch. Mr. Branch said the property had been annexed from the county in December, 1984 and permission had been obtained to change the density in order to apply for the rezoning. There was no one present to speak in opposition. After discussion, Mr. Galloway moved to recommend the change in zoning. Mrs. Roberts seconded. Motion carried against the dissenting vote of Mr. Carli. Mr. Davidson abstained. (Signed form attached to permanent minutes.) The next item was a Public Hearing to consider a request for a conditional use in a GC -2 zone located at the NE corner of Lake Mary Blvd. & Hidden Lake Drive for the purpose of self - service gasoline pumps, represented by Dan Waters of Tenneco Oil Co. He presented a photograph of a similar operation at another location to show the type of operation planned. He said they would meet all requirements of the city and county. Present to speak in opposition: Mary Ann Murray, Jim Murray and Roland Pruitt. Mrs. Murray said she was representing the Hidden Lake Homeowners Association, voicing opposition because of the increase in traffic on an already congested area. Mr. Pruitt said there are already five gasoline stations in the area and he strongly objected to an additional one at the entrance to Hidden Lake. Mr. Carli moved to deny the request due to the lack of need for the service and in consideration of the residents of Hidden Lake. Mrs. Roberts seconded the motion and the item was open for discussion. Mr. Miller pointed out that a convenience store or other business could go in at the location without coming to the Planning and Zoning Commission and he did not feel the board should judge whether or not there is enough of this type business and that the traffic flow would be handled by the county and the city. Mr. Galloway said he did not believe the gasoline pumps would generate any more traffic than any other type business. Mr. Morris said he understands the objections from the Hidden Lake residents but that people have a right to use their property as long as it does not affect the health and safety of other people. Those voting for the motion to deny: Carli and Roberts. Against the motion: Davidson, Franklin, Galloway, Miller and Morris. Motion failed. Mr. Miller moved to approve the conditional use. Mr. Franklin seconded. Motion carried five to two. The next item for discussion was a site plan for a 12 -unit apartment building located at 125 W. Airport Blvd. represented by Andrew Kutz. The units will be 750 sq. ft. and permission was obtained to pay money in lieu of open space. Mr. Carli moved to approve the plan. Mr. Galloway seconded. Motion carried. MINUTES - Planning & Zoning Commission - Jan.�3, 1584 - 7:00 P.M. Page 2 The next item was a site plan for a Tenneco Station at Lake Mary Blvd. & Hidden Lake Drive. Mr. Knowles was present and speaking as City Engineer, requested the site plan be withdrawn because of several discrepancies which should be resolved before submittal. Mr. Galloway moved to withdraw the item. Mr. Davidson seconded. Motion carried. The Chairman informed the proponent that the site plan could be resubmitted at the meeting of Jan. 17, 1985 if the problems were corrected and had the approval of the City Engineer. Mrs. Sonnenberg reported that she had talked to Mack Lazenby regarding the workshop sessions to update the Comprehensive Plan and he had agreed to meet with the board either before or after regular meetings or at a different time. It was suggested that a one -hour work session be scheduled at 6:00 p.m. on Jan. 17, 1985 to precede the regular meeting and the Chairman re- quested Mrs. Sonnenberg to get in touch with Mr. LaZenby to inform him of the time. He also requested she ask Mack for a breakdown on the order of discussion. There was discussion on the trailer sales at the Center Mall and Mrs. Sonnenberg reported that Mr. Robson had permission to sell one or two trailers a year and had obtained a license for the sale. There were suggestions from the board members that a closer check be made on illegal signs, selling of roses on street corners and peddlars all working on weekends. The minutes of the previous meeting were approved. There being no further business, the meeting was adjourned. The Chairman requested the Zoning Inspector to direct letters to the City of Lake Mary and Seminole County, requesting a joint meeting with the Planning & Zoning Board to discuss zoning of adjacent properties. There being no further business, the meeting was adjourned. � FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME -FIRST NAME - MIDDLE NAME THE BOARD, COUNCIL,COMMISSION. AUTHORITY, OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF. MAILING ADDRESS - CITY D COUNTY Q OTHER LOCAL AGENCY O STATE CITY COUNTY San ford, FL Seminole NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED Jan. 3, 1985 'NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE Plannincq & Zonina Camlission WHO MUST FILE FORM 4 This form is for use by any persolt'serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non - advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.). while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Secticn 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. 1. the undersigned local public officer, hereby disclose that on , 19 . (a) I abstained from voting on a matter which (check one): inured to my special private gain; Or inured to the special gain of , by whom i am retained. CE FORM 4- REV. 10-&4 PAGE I (b) The measure on which 1 abstained and the nature of my interest in the measure is as follows: Mee — Z 5 cif ( - 7 -92 f�" of 2 1 5 S +q�r — Cct' n , c4 r �i 1 e� � r.� �4 I �Cx �hU � c� 1 1 I r'% U Date Filed Signature Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private On or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. 1, the undersigned officer of a state agency, hereby disclose that on . - (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of (b) The measure on which 1 voted and the nature of my interest in the measure is as follows: Date Filed , by whom 1 am retained. Signature Please we PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (I S) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONSOF FLORIDA STATUTES #112317(1483}, A FAILURETO 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 55,000. CE FORM 4 - REV. 10-M PAGE 2