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10-04-2005 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION October 4, 2005 The meeting of the Planning & Zoning Commission was called to order Tuesday, October 4, 2005, at 7:00 p.m. by Chairman David Pape. Members present were David Outlaw, Maggie Miller, Elwood Treadwell, Peter Geigel, Sy Holzman and Roger Pierce. Henry Rhee was absent. Also in attendance were Jim Hitt, Planning Director, Curt Henschel Planner, Yvette Brown, City Attorney and Jane McAllister, Planning and Zoning Secretary. MINUTES of the Planning and Zoning Commission meeting held September 6, 2005 were approved as written. REPORTS There were no reports. 1. REQUEST FOR A CONDITIONAL USE PERMIT OWNER/APPLICANT: Michael Floyd, Asbury Floyd, Jonathan McKnight REQUEST: For a Conditional Use Permit to allow for the expansion of a funeral home (over 3,000 square feet) in the Central Business District. LOCATION: 858 W. Minneola Avenue EXISTING LAND USE: Floyd Funeral Home FUTURE LAND USE DISTRICT: Established Business District -1 (EBD-1) FUTURE LAND USE CLASSIFICATION: Central Business District. Planner Curt Henschel introduced this request by saying that the applicant intends to expand an existing funeral home in the downtown central business district. The applicant previously obtained a Conditional Use Permit in January 2005 but failed to sign and execute the document rendering the permit void. The applicant is now requesting the same conditional use permit that was granted in January and has every intention of signing the permit on time. The current building was constructed around 1932 and is in need of restoration. The applicant has also outgrown the current space requirements and is proposing to expand the building by approximately 2600 square feet. This will give a total square footage of 3245 square feet. In order to keep competitive with other markets the applicant feels this is a necessity for his business. • City of Clermont MINUTES PLANNING AND ZONING COMMISSION . October 4, 2005 Page - 2 - Two variances have already been approved for this project. One is for a side landscape buffer to be less than 10 feet in width and for a two way driveway to be less than 20 feet in width. Staff has concerns over parking accommodations with the limited number of on site parking spaces. Due to the fact that the City of Clermont's public parking lot is located nearby, there is on street parking in front of the business, and the applicant has a signed parking agreement with the neighboring funeral home, staff recommends approval of the request. Chairman Pape asked if the applicant was present and would like to speak. Michael Floyd, 858 W. Minneola Ave, Clermont, FL said he would answer any questions the Commission might have. David Pape noted that there was no one from the public present at the meeting and asked the Commission if they had any questions. Commissioner Miller asked staff if this was exactly the same request they had previously approved. Curt Henschel assured Commissioner Miller it was exactly the same. _Commissioner Miller moved to approve the request• seconded by Commissioner Holzman The vote was unanimous for approval of the request. 2. REQUEST FOR A CONDITIONAL USE PERMIT OWNER/APPLICANT: Pointe at Jack's Lake, LLC. John Schmid REQUESTED ACTION: A request for a Conditional Use Permit in the C-2 General Commercial District to allow for a building to accommodate more than four users. EXISTING ZONING: C-2 General Commercial SIZE OF PARCEL: 1.85+/- acres, GENERAL LOCATION: The North side of Highway 50, one half mile east of Highway 27 (just east of Dunkin Dounuts). • EXISTING LAND USE: Vacant 2 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • October 4, 2005 Page - 3 - FUTURE LAND USE DISTRICT: Undeveloped District-2 (UD-2) Commercial. FUTURE LAND USE CLASSIFICATION: Commercial This request was introduced by Planner Curt Henschel who said that the applicant is requesting a conditional use permit for a shopping center with more than four users. The parcel is zoned C-2 (General Commercial) as an outparcel of the Clermont Regional Shopping Center. The original conditional use permit for Clermont Regional Shopping Center was approved in 1992. The subject parcel is called "parcel #2" on the original site plan. The site is currently vacant with the north and east sides planted with pine trees. There is a mixture of commercial uses in the vicinity of the subject property. This area is appropriate for this type of development. A variance for the landscape buffer is being requested to allow the rear landscape buffer to be planted on a slope so as not to require a retaining wall or interfere with the existing pine trees. Staff recommends approval of the request. Chairman Pape asked is the applicant was present. John Schmid, 17447 Magnolia Island, Blvd. Clermont, FL was available to answer questions. Commissioner Giegel said that the northeast corner of the proposed building would need a wall or there would be a washout because of disturbing the natural plantings. Mr. Schmid assured the Commission that there would be no removal of the vegetation that is present now. Commissioner Holzman expressed concern about allowing access to this parcel from eastbound Highway 50. He thought is should be a right/in right/out only and stated safety concerns, particularly once Highway 50 is widened. Commissioner Geigel said that the handicap parking spaces should be moved from the side of the building to nearer the front door and asked that this be brought up at site review. Commissioner Holzman moved to approve the reguest• seconded by Commissioner Pierce. The vote was unanimous for approval 3 City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 4, 2005 Page 4 - There being no further business the meeting was adjourned. ATTEST: Jane C. McAllister -Planning Technician II n U David Pape, Chairman 4 r FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS ST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ~f.E P 2 r.O~l~.tsS1eN MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 2 WHICH I SERVE IS A UNIT OF: CITY COUNTY ~ O COUNTY O OTHER LOCAL AGENCY ~,.1~~i ,~,A_~~ ~ A 1- b ~i"~F NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED D S MY POSITION IS: O ELECTNE APPOINTIVE 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 ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- ure 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. ~' 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 SB - EFF. 1/2000 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 1. f~LL~- Q~~-[~• ,hereby disclose that on ~i79(~j~•- ~' , 20 Q5 (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. 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 follows: M~ ,b~t11~r-tv1~~. ~tR~'- is rye ~tiC,t~tT~..aF, (lC~ml'',h ~- 'i'I~tcS ~~~T )~.-6.65 Date Filed by ,which 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 8B - EFF. 1/2000 PAGE 2