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06.03.10I P P City of Sanford Planning and Zoning Commission Thursday — June 3, 2010 City Commission Chambers Sanford City Hall 1 St Floor 300 North Park Avenue, Sanford, Florida Meeting Agenda 10 AM Approval of Minutes • May 6, 2010 Regular Meeting Minutes Acceptance of Proof of Publication Public Hearings PH -1 Continued from May 6, 2010 -Public Hearing to consider a Development Agreement for Bristol Park PD (Ordinance No. 4069), a proposed 272 unit apartment complex located at 2441 Cherry Laurel Drive. Tax Parcel Numbers: 32- 19 -30- 301 -008B -0000 and 32- 19 -30- 301 -008C -0000 Property Owner: Bristol Group One Sanford Partners LLC Representative: Stephen H. Coover — Hutchison, Mamele & Coover, P.A. PH -2 Hold a Public Hearing to consider a request to Rezone 14.52 acres to PD, Planned Development at 165 Elder Road and 4201 W. 1st Street for Tuscany Village, a proposed mixed use commercial development. Tax Parcel Numbers: 28 -19 -30 -506- 0000- 0050/005A/0060/006A/0070 Property Owners: N/T FLA SANFORD LLC and MMM INV LLC Representative: Robert H. Burke, Jr. — Burke Hogue Mills, Inc. Staff Reports Citizen Participation Commissioners Reports Adjournment In accordance with the Americans with Disahilities Act, persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk at 407.688.5010 at least 48 hours in advance of the meeting. Advice to the public: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he or she may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) Page 1 of 1 Minute Planning and Zoning Commission .Tune 3, 20 10- 1 M City Commission Chamber Cit Hall, Sanford, Florida Members Present Carol Dennison, Chairman Andy Iut, Vice Chairman Michael Loader Jerry Mills Brian Vol Bobby V nHerbulis Members Absent Rai Yosefian - excused Eddie Green - excused Others Present Mary Moskowitz, , Planner Eileen Hinson, Senior Planner Russ Gibson, Planning Director Ms. Dennison called the meeting to order at 10 AM. Minutes Mr. Kutz moved to approve the Minutes of the May 6, 2 0 10 Regular Meeting. Mr. Loader seconded. All in favor. Motion carried 6-0. Proof of Publication Mr. VonHerbulis moved to accept the proof of publications. Mr. Volk seconded. All in favor. Motion carried 6-0. Public Hearings Hold a Public Hearing to consider a Development Agreement for Bristol Park PD (Ordinance Igo. 4069), a proposed 272 unit apartment complex located at 2441 Cherry Laurel Drive. Bristol Group One Sanford Partners LLC, property owner. Glen Bartosh, representative. Present to spear about the request was Dennis Wells, attorney for Mr. and Mrs. Fulmer. Mr. VonHerbulis moved to recommend the City Commission approve the Development Agreement for Sol r Apartments with the option of extending the agreement to 20 gears. Mr. Mills seconded. All in favor. Motion carried -. Ms. Dennison announced the second public hearing to consider the Development Agreement will be held on June 2, 2010 at 7 PM, or as soon thereafter as practicable, in the Commission Chambers at Sanford City Hall. Minutes — June 3, 2010 Planning and Zoning Commission Page Hold a Public Hearing to consider a request to Rezone 14.52 acres to P1, Planned Development at 165 E lder load and 4201 W. 1 st Street for Tuscany village, a proposed mixed use commercial development. Property Owners: NIT FLA Sanford LLC and MMM Iry LLC. Representative: Robert H. Burke, Jr. — Burke Hogue Mills, Inc. Present to speak about the request was Carter Rucker. Mr. VonHerbul moved to recommend the City Commission adopt an ordinance to rezone the 14.52 acres to PIS, Planned Development subject to Development Order that includes all recommended conditions. Mr. Kut seconded. Mr. Mills abstained. All others in favor. Motion carried 5-0. Staff Reports A staff report was included in the agenda packet. Mr. Gibson announced that a. work session with the City Attorney is being planned later this year. Citizen Participation Name. Commissioners Reports None. Adjournment There being no further business, the meeting adj ourned at 11: 05 AM. t CAROL DENNISON, CHAIRMAN WHO MUST FILE FORM SB This form is for use by any person serving at the county, city, or other local level of goverr4ment on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and nor-- advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143., FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss_ Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or'loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers , of independent special tax districts elected on a one-acre one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter husband, wife, brother, sister, father -in -law, mother -in -law, son - in-law, and daughter -in --law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THF, VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fling this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM LIB - EFF . 112000 PAGE I APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency_ The form must be read publicly at the next meeting after the form is filed- IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING-You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible € - p or recording the minutes of the meeting, who must incor 'Porate the form in the minutes. A copy of the form must be provided immediate) to-the other agency, and the form must be read publicly at the next meeting after the form is filed_ - memb of the DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on A 4 ,zap. (a) A. easure came or will come before my agency which (check one) inured to my special private gain or loss= inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as 40 AC- .�, by which F44 -2 vaad�.�'G LfiCt'rTr �a r I(�-� �iLS?'+IG12. fZ4MP;&.V .4,t;'� �' 20 t W • I�t (� -�ir�n oar ��14.1M_�rr�►, • i s � r llwd t Date Filed S in g atur. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317. 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 CIVIL PENALT NOT TO EXCEED $10,000. SALARY, REPRIMAND, OR A CE FORM 86 - EFF . 112000 PAGE 2