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12.05.85MINUTES PLANNING AND ZONING COMMISSION December 5, 1985 7:00 P.M. Members Present: John Morris, Chairman Brent Carli Jay Malone Sheila Roberts Gary L. Davidson Eddie Keith Darrell Grieme John LeRoy Members Absent: Others Present: Dr. Hortense Evans Bettie Sonnenberg, Zoning Inspector Bill Simmons, Director of Engineering & Planning The meeting was called to order at 7:00 P.M. by the Chairman, John Morris. The first item on the agenda was a Public Hearing to consider a request for rezoning from MR -1 to GC -2, that property located at 1310 Myrtle Avenue for the purpose of converting the building to the corporate headquater offices of Rich Unitad Corporation. Present to speak in opposition was Terri Ponzillo. She presented a letter and a petition stating the following reasons for denial of rezoning: neighborhood maintenance and pre- servation, traffic safety, garbage, and noise pollution. Also, present to speak in oppo- sition were Ted Liggett and Blanche Cunningham. Tom Sheibenberger, Secretary and Vice President of Rich Plan, was the representative for the rezoning request. He stated that the home would be converted to executive office with approximately 4 people working there and there would be no training in the building. All the properties would be repainted and landscaped to solidify the area. After discussion, Mr. Keith moved to approve the rezone. The motion died due to lack of a second. Mrs. Roberts Moved to deny the rezone request. Mr. Davidson seconded. Motion carried over the dissenting votes of Mr. Keith and Mr. Morris. The next item was a Pupblic Hearing to consider a request for a conditional use in a GC -2 zone, that property located at 1315 W. 1st Street for the purpose of automotive, new and used, sales and service. There was no one present to speak in opposition of the request. Mr. Bobby Jackson, owner of the property, was present to represent the request. He stated there was a convenience store there about 3 years and failed. He has tried other businesses but they did not work out. He feels that used auto sales would be his best economic use of the property. The gasoline tanks would be covered according to what is required. After discussion, Mr. Carli moved to approve the conditional use due to it being in consistency with planning. Mr. Davidson seconded. Motion carried unanimoulsy. The next item was to consider a site plan for a 6 unit industrial building located at 750 Wylly Avenue in a MI -2 zone, represented by Robert Hambrick, for the owners James Lee & Thomas Lyon. Mr. Hambrick stated that they deleted a parking space and moved the dumpster to the front of the building. They did not want to move the parking against the building due to the possibility of people parking in other peoples parking bays. A MINUTES - PLANNING & ZONING COMMISSION - December 5, 1985 - 7:00 P.M. Page 2 ----------------------------------------------------------------------------------- - - - - -- sign would be posted stating all deliveries to be at the rear. Mr. Simmons stated that they could not use Depot Avenue as a loading or delivery area due to the vacated part being owned by the Seaboard Coastline which would cause trespassing, plus also using it as a retention area. Mr. Lyons stated that he would pick up his own supplies for himself and other bays would have deliveries from small trucks. After discussion, Mr. Malone moved to deny the request due to the parking not being adequate, allowing traffic jam and not doing the city any service. Mrs. Roberts seconded. The board suggested that the proponent rework the project with smaller units and more truck manuevering room. The next item to consider was a site plan for Friendly Ice Cream located at 3601 Orlando Drive in a GC -2 zone, which was withdrawn by the owner. Mr. Carli moved to withdraw the site plan till the next meeting. Mrs. Roberts seconded. Motion carried unaimously. The next item was to consider the site plan for Reflections on Hidden Lake, an office/ retail shop complex located at 500 Lake Mary Blvd. in a GC -2 zone, represented by Fred Shipman. Mr. Shipman stated that changes made from the previous site plan were the reduction of the square footage of the professional office and moved forward some. The retail is still basically the same. The site meets all parking and landscaping requirements. There will be a decel land on Hidden Lake Drive and a decel and accel lane on Lake Mary Blvd. Mrs. Sonnenberg requested that board to waive the 16 parking spaces in the rear of the retail stores to allow better access by the fire department. The board and Mr. Shipman agreed to the deletion of the 16 parking spaces. At Mr. Carli's suggestion, the board agreed that the d should be placed against the building in some of the vacated parking spaces. Mr. Simmons stated he would like to see some type of screening for the dumpster since they would be visible. Mr. Shipman agreed. After discussion, Mr. Carli moved to approve the site plan with the modifications of the parking spaces and dumpsters. Mr. Grieme seconded. Mr. Davidson abstained. Motion carried. (Sign form attached) The next item was to consider a site plan for revisions to Hamburger Station, a fast food restaurant, located at 2555 French Avenue in a GC -2 zone, represetned by Charles Roberts. Mr. Roberts stated that it would be the same type of business with no sit in or walk up window, only drive thru. The revision would be the changing of the traffic flow coming into the restaurant from two lanes to one lane. After discussion, Mr. Carli moved to approve the site plan as modified. Mr. Davidson seconded. Mr. LeRoy abstained. Motion carried. (Signed form attached) The next item was to consider a site plan for a auto detail shop located at 405 E. 4th Street in a GC -2 zone, represented by Charles Cameron. Mr. Cameron stated it would be waxing, buffing and vacuuming with minor washing on the vehicles. The building is located on thelot line with 2 available parking spaces. According to the site -plan, 3 spaces would be required for public area. The board asked Mr. Cameron if he would change the public use area to storage area and he agreed. After discussion, Mr. Carli moved to approve the site plan as modified. Mr. Davidson seconded. Motion carried. The next item was discussion on the site plan revision for Homes on the Park, changing from condominiums to Fee Simple Townhouses, represented by Wendell Agee. Mr. Agee stated that there would be 4 two story units with garages, private backyards, and 1,270 sq. ft. living area. Two of the units would have one car garages due to the drainage on the property. They would sell between $65,000 and $70,000. The board felt that it was an improvement over the old site plan. After discussion, Mr. Carli moved to grant an extension for the site plan for an additional 30 days. Mrs. Roberts seconded. Motion carried. MINUTES - PLANNING & ZONING COMMISSION - December 5,1985 - 7:00 P.M. Page 2 ------------------------------------------------------------------------------------- - - - - -- Mrs. Sonnenberg asked the boards feelings about adding a 2nd story to a non-conforming structure. The board feels that it would add to the non - conformity and suggested that she ask the City Attorney for an opinion on it. Mr.Morris asked the board members to leave their site plans on the table after the meeting. Mrs. Roberts stated she was proud of the Chairman at the workshop meeting with the City Commission and the other members agreed. The Minutes of the December 5, 1985 meeting were corrected to show that the board agreed to have staff check the site plan for Park Side Place, and refer Fairs Auto Sales and the mobile home at 1503 Mellonville Avenue to the Code Enforcement Board instead of Mr. Carli asking. The Minutes were approved as corrected. Morris, Chairman FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME —FIRST NAME -- MIDDLE NAME LeRoy John MAILING ADDRESS 11401 E. 2nd Street _ CITY COUNTY Sanford Seminole DATE ON WHICH VOTE OCCURRED 12 -5 -85 THE BOARD. COUNCIL,COMMISSION, AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: MITY D COUNTY D OTHER LOCAL AGENCY 13 STATE NAME OF POLITICAL SUBDIVISION OR STATE AGENCY City of Sanford NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE P & Zoning C ommission WHO MUST FILE FORM d 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 TH E 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. I, the undersigned local public officer, hereby disclose that on (a) I abstained from voting on a matter which (check one): inured to my special private gain; or ,19 , inured to the special gain of , by whom 1 am retained. CE FORM 4 - REV. 10-84 PAGE I (b) The measure on which I abstained and the nature of my interest in the measure is as follows: Business relationship a l � 0�e C Date Filed Signatye Please we PART C for instructions on when and where to file this form. PART 9 VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Req*rcd 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 Port B below within IS days after the vote occurs. 1, the undersigned officer of a state agency, hereby disclose that on (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 1 voted and the filature of my interest in the measure is as follows: Date Filed .19 . , 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 (1 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: UN DER PROVISIONS OF FLORIDA STATUTES1112.317(1983). 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 A CIVIL PENALTY NOT TO EXCEED $SAM. CE FORM 4. REV. 1D-84 PAGE 2 F FCYRM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME —FIRST NAME — MIDDLE NAME Davidson Gary L. THE BOARD. COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: MAILING ADDRESS P. 0. Box 88 )CITY D COUNTY O OTHER LOCAL AGENCY O STATE CITY COUNTY Sanford Seminole NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED 12 -5 -85 City of Sanford NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Planning & Zoning Commission WHO MUST FILE FORM 4 This forth 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 163.357, Florida Statutes (Supp. 1964), 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. I, the undersigned local public officer, hereby disclose that on (a) 1 abstained from voting on a matter which (check one): inured to my special private gain; or inured to the special gain of .19 , by whom 1 am retained. CE FORM 4- REV. 1044 PAGE 1 (b) The measure on which I abstained and the nature of my interest in the measure is as follows: Business relationship r 12 -5 -85 Date Filed Signa Ure - 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 (Sapp. 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 ' 19 (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of , by whom 1 am retained. (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature >f lease 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 (1 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: U N DER PROVISIONS OF FLORIDA STATUTES¢I 12.317 (19831, 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 A CIVIL PENALTY NOT TO EXCEED $SAM. CE FORM 4 -REV. 1044 PAGE 2