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06.07.84MINUTES Planning and Zoning Commission June 7, 1984 7:00 P.M. Members Present: J. Q. Galloway, Chairman Brent Carli C. B. Franklin Gary L. Davidson Darrell Greime Cliff Miller John Morris Sheila Roberts George Willis Others Present: Bettie Sonnenberg, Zoning Inspector W. E. Knowles, City Manager The meeting was called to order at 7:00 P.M. by the Chairman, J. Q. Galloway. The first item was a Public Hearing to consider a request to rezone from AD to MR -2, property located north of The Arbors and east of Hidden Lake, Unit 1 -B represented by Mack LaZenby for Joel L. Moore and Louis Ferris, Jr. Present to speak in opposition were Bob Marks, Mary Ann Murray and Mary Tumin. Mr. LaZenby presented a petition of signatures of eleven adjacent property owners stating they had no opposition to the rezoning. Mr. Morris moved to recommend the rezoning. Mrs. Roberts seconded. Motion carried. The next item was a Public Hearing to consider a conditional use for an auto parts and salvage yard at Airport Blvd. & Albright Rd. represented by Mike Gray for David Redwine. Mr. Gray said they were back to request the conditional use for an auto salvage yard because they feel it is the city's responskbility to take care of junk cars. Mr. Redwine showed slides of the type of facility he plans to develop with all dismantling of cars to be done inside the building with a 7 -ft. wall around the facility and no working hours after 5:30 P.M. Mr. Gray listed the types of uses allowed in an MI -2 zone and said they plan to adhere to all regulations in order to benefit the neighborhood. Mr. William Leffler was present to speak in opposition on behalf of Jim Alford and Seminole Petroleum. He said the salvage yard would place an undue burden on their property rights and would stifle further development. The following members from the Academy Manor Subdivision were present to speak in opposition: William R. Johnson, Alfred DeLattibeaudiere, Eula D. Martin, Horace DeBose, Daisy Curry, Carolyn Johnson, Evans Bond, Bernice Brooken, Shellie Watkins and Sandra Prince. The objections were mainly that the sal- vage yard would devaluate property values and the close proximity to res- idential development would be injurious to health. Jerry Gross was also present to spek in opposition because he represents a group considering an industrial park in the area. Mr. Franklin moved todeny the conditional use. Mr. Morris seconded. The vote was five to three in favor of the motion. Mr. Galloway did not vote. MINUTES - Planning & Zoning Commission - June 7, 1984 - 7:00 P.M. Page 2 --------------------------------------------------------------------- - - - - -- The next item was a Public Hearing to consider a conditional use for duplex dwellings at 2424 Maple Ave. in the SR -1 zoned district, represented by J.B. Simons for Kevin Sullivan. Sharon Sullivan was present to speak in favor also and said they feel duplex would be an ideal buffer between single- family and commercial in the area. Present to speak in opposition were Mr. & Mrs. Robert Kelly, 701 W. 24th P1. and Mr. J. M. Suttenfield, 2420 Maple Ave. objecting to the change they feel duplex development has brought to the neighborhood. Mr. Miller moved to deny the request. He said the zoning is SR -1 and by adding too many duplexes the neighborhood loses it's proper density and changes the character of the neighborhood. Mrs. Roberts seconded. Motion carried unanimously. Mr. Kelly submitted a list of homw owners, stating opposition for the record. The next item was a Public Hearing to consider a conditional use for a prep- aratory school in the AD zone, represented by Mack LaZenby for John Dickey. He said the planned private school plans to have no more than 16 students per class with no lunch room facilities on the 14 -acre site. The access is at Peterson Rd. off Lake Mary Blvd., west of Art Lane. He said there will be a caretaker living on the site. Present to speak in favor was Mary Tumin, 306 Loch Low Dr. but she expressed her wish that they remove the existing barbed wire fence. Also present to speak in favor was John Cain of 306 Meadow Hills Ct. and he said he would like them to keep the fence. Mr. Morris moved to approve the conditional use. Mr. Grieme seconded. Motion carried unanimously. After a short break, the meeting was reconvened and the Chairman asked to go back to Item 2., the conditional use for auto parts and salvage yard at Airport Blvd. & Albright Rd. in order to clear up any confusion regarding Mr. Davidson's vote on the motion to deny the conditional use, and asked for a recount. The count was 5 to 4 in favor of the motion to deny, with Mr. Davidson, Mr. Miller, Mr. Carli and Mr. Galloway voting against the motion. Mr. Davidson then announced that for the record he would file a conflict of interest and would abstain from voting. The next item was a Public Hearing to consider a conditional use for a duplex in the SR -1 zone at 13th & Myrtle Ave. for Kenneth Becker. Mr. Becker was present to represent the request and said he wanted to put a duplex on Lot 9 and a single- family residence on Lot 10. He said that when he came to the board for two duplexes at the same location he was told that if he put one duplex and one single - family, his chances of approval would be substantially better. Mr. Willis said he did not feel it would be out of character for the neigh- borhood and moved to approve the condtional use for a duplex on lot 9, with the stipulation that a single - family residence be put on lot 10 at a later date. Mr. Grieme seconded. Motion carried over the dissenting vote of Mr. Miller. -2- MINUTES - Planning and Zoning Commission -June 7, 1984 - 7:00 P.M. Page 3 The next item was a Public Hearing to consider a conditional use for a bank at 2932 Orlando Drive for Freedom Bank, represented by Eric Kuritzky for Brenda Properties. There was no one to speak in opposition. Mr. Willis moved to approve. Mr. Morris seconded. Motion carried unanimously. The next item was a Public Hearing to consider a conditional use for used auto sales in a GC -2 zone at 3096 Orlando Drive, represented by Larry Frazier. After discussion, Mrs. Roberts moved to approve the conditional use. Mr. Franklin seconded. Motion carried unanimously. There was no one to speak in opposition. The next item was a Public Hearing to consider a conditional use for self - service gasoline pumps and sale of beer and wine for consumption off the premises, represented by Charles Angel for Shop and Go. Miss Sharon Sullivan spoke in favor and cited surrounding commercial properties and submitted letters of approval from adjacent businesses. (Attached) Present to speak in opposition were: John Haney for the Richter family, John White, 2210 W. 1st St., Adelaide Richter and Franz Richter. The Richter family owns adjacent property and felt that the Shop & Go, less than 100 ft. from their property, would be detrimental to their efforts to sell for multiple - family use. After discussion, Mr. Carli moved to deny the conditional use. Mrs. Roberts seconded. Motion carried over three dissenting votes. At this time Mr. Angel asked to withdraw the site plan for Shop & Go, Item 13 on the agenda, without prejudice. The next item was a Public Hearing to consider a conditional use for a duplex at 1010 DeSoto Drive, represented by Joseph Garrison. He said he will live in one side and lease the other side out. He said the building will be 2200 sq. ft. living area with 2 parking places per side. There was no one to speak in opposition. Mr. Carli moved to approve, conditional upon.the 2200 sq. ft. living area. Mr. Morris seconded. Motion carried unanimously. The next item was a Public Hearing to consider a conditional use for an adult congregate living facility at 810 E. 25th St. represented by Linda Hofstetter. There was no one to speak in opposition. Mrs. Roberts moved to approve the conditional use. Mr. Davidson seconded. Motion carried unanimously. The next item was a site plan for Loch Low Preparatory School, located at Loch Low Drive in the Hidden Lake area, zoned AD, represented by Mack LaZenby for John Dickey. Mr. Morris moved to approve the plan as presented. Mrs. Roberts seconded. Motion carried. The next item was a site plan for Freedon Savings /Branch Service Facility at 2932 Orlando Drive, represented by Eric Kuritzky. Mr. Carli moved to approve. Mr. Davidson seconded. Motion carried. The next item, an addendum to the agenda, was a site plan for Pine Ridge Club, represented by Mr. Morrow for the KHovanian Corp. for a 564 -unit development in the MR -2 zone located at Airport Blvd. & Old Lake Mary Rd. There was discussion on the park requirements and they said they are ne- gotiating for a site in the area that would be acceptable to the city and 511 MINUTES - Planning & Zoning Commission - June 7, 1984 - 7:OO.P.M. Page 4 --------------------------------------------------------------------- - - - - -- would furnish the needed acreage. Mr. Morris moved to approve the site plan. Mr. Franklin seconded. Motion carried. The proposed regulations for an addition to the Zoning Ordinance for Modified PUD -A and Modified PUD -AA were reviewed and recommended to request permission from the CityCommission to set a Public Hearing to amend the ordinance. Motion by Mr. Morris. Mr. Grieme seconded. Motion carried. The Minutes of the previous meeting were approved as mailed. There being no further business, the meeting was adjourned. J. Q. Galloway, Chairman FORM 4 MEMORANDUM OF VOTING COMFL ICT LAST NAME — FIRST NAME — MIDDLE NAME AGENCY Is unit of: BATE ON WHICH VOTE OCCURRED rr.r,.tt.rxr. a nar ❑STATE June 7 1984 , 1 Dow od Drive OCOUN,Y tSecretary is Harrison CITY ZIP COUNTY OF PERSON RECORDING MINUTES Sanford 32771 Seminole 9i MUNICIPALITY - P & Z NA ME OF AGENCY SPECIFY City of Sanford Planning & Zoning Commission 130THER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes §112.3143 {1979} ] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. I. Description of the matter upon which you voted in your official capacity: Conditional Use for Auto Salvage Yard'at Airport Blvd. & Albright Rd. 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: Beneficial interest in trust property under contract within 1 mile of above captioned site. This beneficial interest DID NOT influence any consideration of the merits of the request for conditional use as a salvage facility. 13. Person or principal to whom the special gain described above will inure: I SIGN &0 Yourself b.❑ Principal by whom you are retained: (NAME) A URE DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: i ` June 11 1984 E 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 tiled merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES § 112.317 (1979). 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 $5,000. CE FORM 4 - REV, 12 -79 FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME — FIRST NAME -- MIDDLE NAME AGENCY is unit a}: DATE ON WHICH VOTE OCCURRED DAVIDSON, GARY L. ❑ June 7, 1984 STATE MAILING ADDRESS NAME OF PERSON RECORDING MINUTES Post Office Box 88 ❑covNTY CITY ZIP COUNTY TITLE OF PERSON RECORDING MINUTES Sanford, FL 32771 Seminole MMUNICIPALITY NAME OF AGENCY SPECIFY Planning and Zoning Commission ❑OTHER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes §112.3143(1979) ] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: Conditional use for Auto Parts and Salvage Yard at Airport Boulevard and Albright Road 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: Panning Lumber Company, the former Owner of this property, is a former Client of the real estate firm with which I am associated. I have never received any fee or commission on any sale associated with the above - described property. 3. Person or principal to whom the special gain described above will inure: a.❑ Yourself b13 Principal by whom you are retained: Dave Farr & Assoc (NAME) SIGNATU DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: June 8, 1984 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. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 11112.817 (1979), A FAILURE TO MARE 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 $6,000. CE FORM 4 -REV. 12 -79