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12-02-2014 Regular P & Z Meeting City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 2, 2014 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday December 2, 2014 at 7:00 p.m. by Chairman Nick Jones. Other members present were Carlos Solis, Herb Smith, Judy Proli, Harry Mason, and Tony Hubbard. Also in attendance were Barbara Hollerand, Development Services Director, Jim Hitt, Economic Development Director, Dan Mantzaris, City Attorney, and Rae Chidlow, Planning Specialist. MINUTES of the Planning and Zoning Commission meeting held November 4, 2014 were approved as wntten. REPORTS Chairman Nick Jones mentioned that the symphony will be playing on Thursday, December 4, 2014. 1. REQUEST FOR CONDITIONAL USE PERMITS REQUEST: Jesus Perez Family and Cosmetic Dentistry APPLICANT: Jesus Perez Senior Planner John Kruse presented the staff report as follows: The applicant is requesting a conditional use permit to allow a professional office to occupy more than 3,000 square feet of total floor area in the Central Business District (CBD). Under Sec. 122-243 of the Land Development Code, the CBD zoning district permits a doctor's office, but not one 3,000 square feet or greater without a conditional use permit. The applicant desires to construct a new two story professional office building for his dental practice. The proposed location is a vacant lot at the intersection of West Avenue and Juniata Street. The proposed building will be 6,110 square feet, including all porticos, stairs and storage areas. The air conditioned space of the lower floor will be 2,058 square feet and the upper floor will be 3,190 square feet, for a total of 5,248 square feet of conditioned floor space. The parking requirement, under Section 122-247 (c) (1), requires 1 parking space for 400 square feet of floor space. Based upon this requirement, the total number of spaces would be 13 parking stalls. The applicant has provided 13 parking stalls on the site plan. The applicant is seeking a variance for the landscaping requirement along one of parking stalls that abuts Juniata Street. The proposed doctor's office is consistent with the area as a whole and would provide the applicant with an opportunity to continue practicing in the downtown area while gaining a larger modern facility to use. The applicant has been through site plan review with staff on the proposed project and multiple items have been addressed up to this point. The applicant and staff believe the project meets the Land Development Code except for the one vanance request and the conditional use permit requirement. Therefore; staff recommends approval of this request. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 2, 2014 Page 2 Jesus Perez, 701 W. Montrose, stated that he has grown up in Clermont and loves the downtown area and wants to keep his business in the downtown area. Amanda Wilkes, 930 West Ave., stated that she does not support this application because her land value will decrease. She stated that she is concerned with reduction of the landscape buffers and noises from the business. She stated that she would like to see the landscaping that will abut her property to be over and above the code. She stated that she has seen recent development behind the Rusty Fox where there is no buffer. Mr. Kruse stated that in the Central Business District the building is not required to have a setback. He stated that there is a row of shrubs and canopy trees which meets code. He stated that there will be a variance request for a portion of landscape buffers. He stated that there will be a four foot wall. Commissioner Carlos Solis asked if she knew the property next to hers was commercial. Ms. Wilkes stated yes, she knew it was commercial. Commissioner Carlos Solis moved to recommend approval of the conditional use permit, seconded by Commissioner Tony Hubbard. The vote was unanimous to recommend approval for the conditional use permit. 2. REQUEST FOR LAND DEVELOPMENT CODE AMENDMENT REQUEST: Ordinance 2015-01, Section 122-357 and 6-3 APPLICANT: Staff Economic Development Director Jim Hitt presented the staff report as follows: Staff is proposing changes to the Land Development Code to allow sidewalk cafes within the Central Business District. This ordinance allows for establishment of an outdoor sidewalk café use and consumption of alcoholic beverages associated with operators of a valid food and/or drink license and operating a restaurant. Movable tables and chairs on the sidewalk would be provided while maintaining ADA required access. This amendment to allow for a sidewalk café is confined to the area directly adjacent to the established business. The regulations and special restrictions are established and a permit is required for a sidewalk café. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 2, 2014 Page 3 The outside use of the sidewalk garners the impression that Clermont's downtown is a vibrant community similar to those progressive communities already using similar codes. Open container allowances on the street.for special events are still subject to approval by the City Council under normal requirements. Gustavo Ortiz, 470 Rob Roy Dr., stated that this is a great idea. He stated that what goes along with outdoor seating is allowing outdoor music. He stated-that this could be a good environment. Commissioner Harry Mason moved to recommend approval of the land development code amendment; seconded by Commissioner Herb Smith. The vote was unanimous to recommend approval for the land development code amendment 3. REQUEST FOR LAND DEVELOPMENT CODE AMENDMENT REQUEST: Ordinance 2015-02, Section 102-23 APPLICANT: Staff Economic Development Director Jim Hitt presented the staff report as follows: Staff is proposing changes to the Land Development Code to allow for electronic signage on monument signs. This ordinance allows for the use of electronic message and number signage within the 25 percent of the permitted sign areas. Previous requirements established for numbers typically associated with gas stations are still in effect,but can now be applicable to messages. This ordinance also allows for electronic monuments signs for public service announcements. An example is the possible use of a downtown and waterfront district monument sign at State Road 50 and Eighth Street for announcements of downtown events (Farmers Market, Music on Montrose/Food Trucks, Light Up Clermont, triathlons, rowing events, etc.) and at the Clermont Arts & Recreation Center off US 27. These signs would allow for better announcement capability for city-sponsored or approved events. Amber alerts or public safety announcements could also be issued. Michelle Michnoff, 2013 Lakeview, stated that she works for Bank First that is now Seacoast National Bank. She stated that they have wanted an electronic reader board for 15 years. She stated that previously they had a reader board that required manually changing. Commissioner Carlos Solis stated that he is not going to vote on this item because he could benefit greatly by this code change. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 2, 2014 Page 4 Commissioner Proli asked if each individual business would be allowed to have these signs. Mr. Hitt stated that shopping centers and office complexes would still have to meet the sign limitations currently written in the code. Commissioner Tony Hubbard moved to recommend approval of the land development code amendment; seconded by Commissioner Herb Smith The vote was 4-1 to recommend approval for the land development code amendment, with Commissioner Harry Mason opposing and Commissioner Carlos Sobs not voting. Jim Hitt stated that Lake County approved the Interlocal Service Boundary Agreement (ISBA). He stated that there will be a fourth fire station built that will be shared with the County. Barbara Hollerand reminded the Commission that the City Council will be appointing the Commissioners for the various Boards on December 9, 2014. She stated that the meeting will be starting at 6:00 pm. Commissioner Carlos Solis stated that his concert on October 25, 2014 went really well. He stated that the CD was released and picked up by over fifty radio stations. He stated that they will be in negotiations in January to perform at the Dr. Phillips Performance Center. There being no further business, the meeting was adjourned at 8:05 pm. Jones, Chai ATTEST: c2baU„etk..D Rae Chidlow—Planning Specialist FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, UNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LA S IRST NAME-MIDDLE(os" 1 hP/ 1 O�'-�IL,cOMMISSIO 1171,OR COMMITTEE rfietMAILING ,Ma N7�n6�� �� THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 43 W WyICH I SERVE IS A UNIT OF f , CIN ❑COUNTY %❑OT(HE R LOCAL AGENCY C G Z-NON COUNTY L/^<CNMTl BDeE O DATZQN WHICH VOTE OCCURRED MY POSITION ISLiee. n, 0 ELECTIVE ltAPPOINTIVE WHO MUST FILE FORM 8B This form Is for use by any person serving at the county, city,or other local level of government on an appointed or elected board, council, commission, authority, or committee It applies equally to members of advisory and non-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 THE 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 filing 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) 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 for recording the minutes of the meeting,who must incorporate the form in the minutes A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed @/DIISCLOSURE OF LOCAL OFFICER'S INTEREST l C�gio S C$ "''S ,hereby disclose that on 7a c. ,20 /�L (a)A measure 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 ,by whom I am retained,or inured to the special gain or loss of ,which 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 tbe measure is as follows YDS Vote btiwefi:i 74 my sine F.S' Ae// Date Filed - • ature 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 SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000 CE FORM 8B-EFF 1/2000 PAGE 2