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11-06-2018 P & Z Minutes (Draft)City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 6, 2018 The meeting of the Planning & Zoning Commission was called to order 6, November, 2018 at 6:30 p.m. by Commissioner Herb Smith. Other members present were David Colby, Julie Santos, Max Krzyminski and Tony Hubbard. Curt Henschel Planning Manager, Regina McGruder, Senior Planner, Dan Mantzaris, Legal Counsel for the City, were also in attendance. MINUTES of Planning and Zoning Commission meeting held on October 4, 2018 were approved as written. REPORTS: Commissioner Krzyminski commended staff at voting polls. Staff is requesting to move January 1, 2019 meeting to January 3, 2019, due to holiday. REQUEST: Item # 1: Consider ordinance to change the zoning on City owned property extending along Lake Minneola between 8th Street and 2nd Street to the PR Parks and Recreation District. APPLICANT: Waterfront Rezoning 8th Street to 2nd Street Parks Acting Development Services Director, Curt Henschel, presented the staff report as follows: This rezoning request is an administrative request for City owned property that extends west from Second Street to Eight Street and runs along Lake Minneola. The property is currently used as the South Lake Trail, Splash Pad, Highlander Building, Waterfront Pavilion, and associated parking areas. This area is approximately 30 +/- acres in size and includes Sparking Water Lake. The property is currently zoned R-2 Medium Density Residential and R-3 Residential/Professional. The City is undergoing an effort to have the City parks and recreational areas designated with the PR Parks and Recreation zoning designation. The Land Development Code allows the City the ability to conduct activities in any zoning district, however; most people only look at the zoning map and not the zoning code. This zoning designation is the most appropriate for the use of the property and if approved, will be reflected on the zoning map. Section 122-280 of the Land Development Code indicates the purpose of a parks and recreation district is to designate and ensure that public owned areas of the city are preserved for park, open space, and recreational purposes for the benefit of the residents and the overall environment. The permitted uses include publicly owned recreational facilities that may include Page 1 1 both active and passive facilities. The South Lake Trail, Splash Pad, Highlander Building, Waterfront Pavilion, and associated parking areas would be permitted uses in this zoning designation. Therefore, staff recommends approval of the rezoning request from R-2 Medium Density Residential and R-3 Residential/Professional to PR Parks and Recreation zoning district. Curt Henschel clarifies that no changes are being made, just the zoning change to provide appropriate zoning for the designated use of the property. Commissioner Smith opened floor to public. Carla Alford resident,432 Carrol Street, is concerned whether future land not in the PR zone, and would like to know if any future land use will be changing, as they are concerned for increased traffic and lack of parking. Mr. Henschel states the City does have a plan on designating a zoning to all of small and large land areas. And clarifies that there are no current lands that are going to be changing. Ms. Alford requested clarification of the Historic District rezoning. Mr. Mantzaris states further review is required for changes to Historic District. Eric Minor resident of 662 W. Osceola Street, would like to know when rezoned they were under the impression that their back yard being turned into a parking lot. Would like information for overflow parking being established. Mr. Henschel states there is not further information. Mr. Minor asked if sidewalks would be input in the location. Mr. Mantzaris stated the staff nor commissioners make decisions on sidewalks. Commissioner Smith closed to public portion of the hearing, and returned it to the Board. Board has no questions or comments. Commissioner Smith entertained a motion for item 3. Commissioner Krzyminski moves to approve the requested motion; it was seconded by Commissioner Colby. Motioned passed 5-0. REQUEST: Item # 2: Consider Conditional Use Permit to allow for outdoor storage of cars, boats, recreational vehicles, trailers, and trucks for property located at 1033 Hook Street. APPLICANT: Hooks Street Storage Senior Planner, Regina McGruder, presented the staff report as follows: Page 12 The applicant, is requesting a conditional use permit to allow outdoor storage and parking for cars, boats, trucks, trailers, and recreational vehicles in the M-1 Industrial zoning district as required by the Land Development Code, Section 122-272. The code requires any outdoor storage, must be completely screened from all public streets and adjacent properties. The property is located at 1033 Hooks Street and is approximately 3.17 +/- acres. The property consists of two parcels, one parcel is vacant and the other parcel has an existing dilapidated building that will be renovated for office use. On February 13, 2018, the City Council denied a Conditional Use Permit request for this property to allow outside sales and storage. The proposed development will be required to submit a site plan for review and approval by the site review committee prior to any development of parcel. In order to develop the site as proposed, the applicant, is requesting three (3) variances from the Land Development Code, this request will be presented concurrently with the CUP to the City Council. (1). Elimination of sidewalk along Hook Street Right -of -Way as required by the Land Development Code, Section 110-264. (2). Elimination of required landscape buffer in front of the existing building and below the Hook Street retaining wall as required by Section 118-37 and (3). Elimination of the continuous shrub plant materials for Landscape Buffers as required by the Land Development Code, Section 118-37. When evaluating a request for a conditional use permit, Section 86-144 of the Land Development Code requires specific development standards be met. Staff has reviewed the application as submitted and finds the proposed use does meet the requirements and finds the use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity and the proposed use will comply with the regulations and conditions specified. Therefore, staff recommends approval of the Conditional Use Permit with the conditions contained in Resolution No. 2018-45R. Commissioner Hubbard vocalized there was conflict of interested in regards to agenda item 2. Applicant Joe Zagami, 230 Mohawk Road. Hopes his reputation with former businesses is suffice to establish a new business. The current property will be used by Presto for parking and clarifies he is not looking to store vehicles. States he would like parking before he decides to build on the property. He stated Section 122 allows for parking, but would like the City's input and has proposed a buffer. Commissioner Colby requested clarification on difference between parking and storage. Mr. Zagami clarifies the lot would be leased to the people willing to park their vehicles Commissioner Smith immediately closed to public portion of the hearing, and returned it to the Board. Commissioner Santos asked if gravel would be appropriate. Page 13 Mr. Zagami clarifies that gravel would be ideal and maintenance would be minimal. Commissioner Smith asked if there is a time frame for parking, before it is developed. Mr. Zagami states there is no time frame, as a buyer has not approached him. Commissioner Smith entertained a motion for item 3. Commissioner Krzyminski moves to approve the requested motion; it was seconded by Commissioner Colby. Motion passed 4- 1. Commissioner Hubbard as abstention Meeting adjourned at 7:01 p.m. Page 14 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST AM IRST N E—M LE NAME NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE x1-,, �-d T I�GrRE? CITY COUNTY . DATE ON WHICH +gTiO� j � RED � �/ � � A II I /q THE BOARD, COUNCIL, dOMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: X CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY NAME OF POL TICA SUBDIVISION Ik-: P_ . �� �,��'- V 1 -z V MY POSITION IS: ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 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) CE FORM 8B - EFF. 112000 PAGE 1 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. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, I 0 hereby disclose that on 20 : (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 the measure is as follows: /,/ /t /I"'P, Date Filed Signature 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 813 - EFF. 1/2000 PAGE 2