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10.03.85MINUTES PLANNING & ZONING COMMISSION October 3, 1985 7:00 P.M. Members Present: Brent Carli, Vice- Chairman Jay Malone Sheila Roberts Gary L. Davidson Eddie Keith Dr. Hortense Evans John LeRoy Members Absent: Others Present: John Morris, Chairman Darrell Grieme Bettie B. Sonnenberg, Zoning Inspector Bill Simmons, Director of Engineering & Planning Jaanie Gnat, Evening Herald The meeting was called to order at 7:00 P.M. by the Vice - Chairman, Brent Carli, in the absence of the chairman. The first item on the agenda was a public hearing to consider a conditional use in a SR -1 zone, that property located at 1503 Mellonville Avenue for the purpose of a duplex, repre- sented by the owner, Mrs. Cantrell. She has an existing apartment that her granddaughter is living in and she would like to be able to rent it out if she decided to move out of the apartment. The building was built 2 years ago and there is presently two people living in th house and two prople living in the aprtment, all of them being family members. There would be no structural changes made. Present to speak in opposition were: Al Linscott, Barbara Meeks, Dan Adams, Charlotte Adams, Odessa Davidson, Freddie Young, Virgil Hayes and Pam Singleton. Their concerns were the traffic and possible crime this would bring. They want to see their neighborhood stay a single - family area. After discussion, Dr. Evans moved to deny the conditional use request due to the concern of the surrounding owners. Mrs. Roberts seconded. Motion carried with Mr. Davidson abstaining. (The signed form attached) The next item was a public hearing to consider a conditional use in a GC -2 zone, that property located at 2680 Orlando Drive for the purpose of sale of alcoholic beverages for consumption on the premises, represented by Phyllis Flaherty. Mrs. Flaherty stated that she wanted to open a small pub serving food, beer, wine and soft drinks. There is plenty of parking and meets all the code requirements. There is only one entrance which is on the north side and will hold a maximum of 32 people which includes the bar and the tables with 1,000 sq. ft. area. Her tentative hours would be weekdays, 10:00 A.M. to 12:00 A.M. and on the weekends, 10:00 A.M. to 2:00 A.M. A juke box would furnish the entertainment and the food that would be sold is preprepared food. Present to speak on behalf of the request was Robert Whitaker. He stated that he did not see any problems that the pub would cause. Present to speak in opposiiton of the request were: Tom Kneeley, Sharon Banniga, Ed Scherr, Bruce Hancock, Minnie Ransbottom and Mrs. Scoder. Their concerns were the noise, traffic problems and it being so close to three schools. Mr. Kneely was concerned about the people doing laundry next door at his business. He was concerened about his customers safety with people coming out of the pub. The people were also concerned about the safety of their children. After discussion, Mr. Keith moved to deny the request. Mr. Davidson seconded. Those voting for the motion: Keith, Davidson and LeRoy. Those voting against the mot;ian Evans, Roberts, Malone and Carli. Motion failed. Mr. Malone moved to approve the request. Mrs. Roberts seconded. Motion carried over the dissenting votes of Keith, Davidson and 'LeRoy. MINUTES - Planning & ZOning Commission - October 3, 1985 - 7:00 P.M. Page 2 -------------------------------------------------------------------------------- - - - - -- The next item was to consider a site plan for the display and sales of preassembled sheds located at 2613 Orlando Drive in a GC -2, zone. represented by Robert Whitaker. Mr. Whitaker feels that this would be a lot better than a used car lot. The displays will be tied down and would not be mobile. The deliveries would be made out of Orange City. Only the orders would be taken from this office. There would be 12 to 15 sheds with the largest one being 10' x 16'. There is plenty of parking and there would be no more landscaping required. After discussion, Mrs. Roberts moved to approve the site plan. Mr. Davidson seconded. Motion carried unanimously. The next item was to consider a final plat for Keyes Seminole Industrial Park Replat. This item was withdrawn until a later date. The next item was to consider a site plan for a medical diagnostic center located at 801 W. Seminole Blvd. in a GC -2 zone, represented by Phillip Diorio for the owner, C. Hardwick. Mr. Diorio stated that this is phase 1 of a 2 or 3 phase development. It will be a one story building with 4,000 sq. ft. The use conforms to the zoning. There will be a full time doctor on duty. There will be adequate landscaping. After discussion, Mr. Keith moved to approve the site plan. Mrs. Roberts seconded. Motion carried with Mr. Davidson abstaining. (Signed form attached) The next item was an addendum to continue discussion of the placement of an existing 4 unit apartment building on the approved site of Homes on the Park located at 4th Street and Myrtle Avenue, represented by Peggy Nestor. After discussion, the board unanimously agreed not to allow the moving of an existing structure on a previously approved site plan. The Minutes of the previous meeting were approved. There being no further business, the meeting was adjourned. F FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME —FIRST NAME — MIDDLE NAME Davidson, Gary L. MAILING ADDRESS P. 0. Box 88 CITY Sanford, FL 32771 DATE ON WHICH VOTE OCCURRED 10 -3 -85 I NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE Planning & Zoning Commission City of Sanford WHO MUST FILE FORM g This form is for use by any person'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 1] 2.3143(3), Florida Statutes (Supp. 19$4).) The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public after 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 Section 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 1 am retained. THE BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH t SERVE 15 A UNIT OF: XW1TY O COUNTY O OTHER LOCAL AGENCY O STATE COUNTY Seminole NAME OF POLITICAL SUBDIVISION OR STATE AGENCY CE FORM 4 - REV. 10-34 PAGE I (b) The measure on which 1 abstained and the nature of my interest in the measure is as follows: Family related 10 -3 -85 Date Filed Signature Please we 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 gain 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 , 19 (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 see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) 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 PROVISIONS OF FLORIDA STATUTES 6 1 11317091131 A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY HE 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. 10-84 PAGE. 2 F FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME —FIRST NAME — MIDDLE NAME Davidson, Gary L. MAILING ADDRESS P. 0. Box 88 CITY COUNTY Sanford, FL 32771 Seminole DATE ON WHICH VOTE OCCURRED 10 -3 -85 THE BOARD. COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: .=ITY D COUNTY D OTHER LOCAL AGENCY 97 STATE NAME OF POLITICAL SUBDIVISION OR STATE AGENCY City of Sanford I NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE Planning & Zoning Commission WHO MUST FILE FORM 4 This form is for use by any person'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 Section 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 1 63.357, 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 1 am retained. CE FORM 4- REV. 1044 PAGE I (b) The measure on which 1 abstained and the nature of my interest in the measure is as follows: Business relationship r 10 -3 -85 Date Filed Signature Please we 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 gain 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. I, the undersigned officer of a state agency, hereby disclose that on 1 19 (a)1 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 I voted and the nature of my interest in the measure is as follows: Date Filed . by whom l am retained. Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (13) 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 #1 12.317(1993).A FAILURETOMAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AN"AY .,., 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 i5JM. CE FORM 4 - REV. 1044 PAGE 2