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05-06-2003 Regular Meeting• CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 6, 2003 The meeting of the Planning & Zoning Commission was called to order Tuesday, May 6, 2003, at 7:00 p.m. by Chairman Richard Tegen. Members present were Maggie Miller, John Carlson, Dave Lange, Ronaldo Camargo, Sy Holzman, John Atwater, Jim Douglas amd David Pape. Also in attendance were Barry Brown, Director of Planning, Robert Guthrie, City Attorney and Jane McAllister, Planning Technician II. MINUTES of the Planning and Zoning Commission meeting held April 1, 2003 were approved as written. REPORTS Director of Planning Barry Brown informed the Commission of a meeting of the Clermont City Council and the Lake County Commission to be held at the south campus of Lake Sumter Community College on May 12, 2003 at 9:30 a.m. He invited the commissioners to attend. • 1. REQUEST FOR A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT. 2. REQUEST FOR REZONING. APPLICANT: Mary B. Brasher OWNER: Mary B. Brasher REQUEST: 1. To change the land use classification from Residential/Professional to Commercial. 2. To change zoning from UE (Urban Estate) to C-2 (Commercial). LOCATION: North of SR 50, East of Citrus Tower Blvd and West of N. Hancock Road. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District 5 (UD-5). FUTURE LAND USE CLASSIFICATION: Residential/ Professional EXISTING ZONING: Urban Estate (UE), Low Density Residential. • Planning Director Barry Brown introduced this request by saying that the applicant is requesting a Small Scale Amendment to the Future Land Use Map to change the existing land use classification from Residential/Professional to Commercial. The applicant is requesting this change in land use classification in conjunction with a rezoning. The requested rezoning is from UE (Urban Estate) zoning district to the C-2 CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 6, 2003 Page - 2 - (General Commercial) zoning district. The site abuts State Road 50 near the intersection of State Road 50 and Citrus Tower Blvd. The applicant is requesting the rezoning in order to allow commercial uses on the site to serve the surrounding residential and institutional needs. The parcel was zoned C-2 "Community Commercial" by the Lake County Board of Commissioners in 1986. The City annexed the parcel in 1990. In 1991, upon adoption of the Future Land Use Map, the parcel was assigned a UD-5 Land Use District and Residential/Professional classification. The Undeveloped District 5 (UD-5) allows for commercial development for those properties between State Road 50 and the planned reverse. frontage road. The requested amendment is necessitated because the site is currently zoned for low- density residential development. The subject parcel is not suitable for low-density residential development. The requested change is not inconsistent with the City of Clermont's Comprehensive Plan. • Staff supports the requested small scale amendment and the rezoning given that approval for commercial uses would be compatible with surrounding land use classifications and zoning. Barry Brown also stated that there would be a Developer's Agreement associated with this parcel that will indicate the fact that the owner is obligated to dedicate a 40 foot right of way for the frontage road that will run along the north side of this property, it will call for cross access to the property to the west. Mr. Brown indicated that it might-not be necessary for Mrs. Brasher to dedicate the 40 foot right of way for the frontage road because South Lake Hospital may already have dedicated enough right of way for the road. The agreement will also address some uses that will not be allowed on the property such as automotive sales or repair, residential storage units, convenience store and gas station. Richard Tegen asked if the applicant would like to address the Commission. Mary B. Brasher, 13410 South CR 561, Clermont, FL was sworn in and said that her property was granted commercial status by the County and she didn't realize that status changed when she annexed into the City. She asked the Commission to vote in favor of allowing her property to once again be granted commercial status. Richard Tegen asked if there was anyone in the audience who wished to speak regarding this request. There was no one. He then asked if the Commission had any questions. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 6, 2003 Page - 3 - David Pape made a motion to approve the request for a Small Scale Comprehensive Plan Amendment. Sy Holzman seconded the motion. The vote was unanimous in favor of the motion. David Pape made a motion to approve the request for Rezoning. Ronaldo Camargo seconded the motion. The vote was unanimous in favor of the motion. DISCUSSION OF NON-AGENDA ITEMS. Commissioner Sy Holzman provided the other Commissioners with printed material from "Citizens for a Scenic Florida" which addresses flashing, intermittent or moving lights as advertising signs. A copy is attached and is part of this record. There was discussion about the possibility of allowing electronic signs. It was decided that no motion would be made by the Planning & Zoning Commission for or against the • signs until after the City Council workshop on the subject where all available information would be presented and discussed. John Atwater made a point that a sign in another town was considerably smaller than those allowed elsewhere however, he said he had trouble reading it from the roadway. He suggested that although it was attractive, if you could not read it easily and safely from the roadway it was not serving the purpose intended. There being no further business the meeting was adjourned. 'chard Tegen, C irman ATTES~': C"'~ >. /`. l ~~ C. McAllister tinning Technician III • •,,,Prt~ibited Signs: Flashing Signs « return t~revious Flashing Signs Page 1 of 3 In addressing the issue of flashing signs, it is important to fast understand the prohibitions under the Highway Beautification Act as they apply to flashing signs. Among other provisions, the Federal Highway Beautification Act places restrictions on the li tin of sigas adjacent to the Interstate and Federal-aid Primary Systems and which (a) are visible from the main-traveled way and within 660 feet of the nearest edge of the right- of-way and (b) those additional signs beyond 660 feet outside of urban areas which are visible from themain-traveled way and erected with the purpose of their message being read from suchmain-traveled way. See 23 C.F.R Section 750.704(a) Such signs must be located in industrial or commercial areas. See 23 C.F.R Section 750.704(a)(4) and (5). Such signs maybe illuminated. However, such sign are prohibited if they contain, include, or are illuminated by any flashing, intermittent, or moving li t or lights. 23 C.F.R. Section 750.705. °- The State of Florida is requirec(to enforce the prohibitions contained within the Highway Beautification Act. AState,-Federal Agreement provides that as to the illumination of signs adjacent to the interstate and federal-aid highway systems: Signs which contain, include or are illuminated by any flashing, intermittent~or moving li t or li is are prohibited except those giving_public service information such as time, date, temperature, weather. or similar information. (Emphasis added.) Although the State of Florida is required to enforce those prohibitions, the state has passed on the responsibility to local governments through the adoption of Section 479.15(1), Florida Statutes, which provides: • No zoning board or commission or other public officer or agency shall issue a permit to erect any sign which is prohibited under the provisions of this chapter or the rules of the department, .. . ,nibited Signs: Flashing Signs Page 2 of 3 Almost all sign ordinances include "flashing" signs within the classification of "prohibited • signs." However, there is usually no definition of the term "flashing" or "flashing sign" as it is capable of ordinary understanding and is understood to be the opposite of constant lighting. A common dictionary definition of "flashing" is "to be lighted intermittently." "Flashing sign: Any illuminated sign or advertising structure which exhibits changes is light or color. Illuminated signs which indicate time, and temperature shall not be considered flashing signs." [Town of Alachua -Sign Ordinance) "Flashing sign." Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Automatic changing signs such as public service, time, temperature and date signs or electronically controlled message centers are classified as "animated signs" not "flashing signs". [Land Development Code, Altamonte Springs.] "Flashing sign." Any sign, used for identification, direction, advertising, or promotional purposes, that includes approved lighting fixtures which flash, blink, cut on and off intermittently, and which is used as an exterior sign or an interior sign visible from the public right-of--way. [Section 24-6, Town of Lake Park Ordinance Code.] There are differences between flashing and animated signs, on the one hand, and changing message signs, on the other hand. Changing message signs, including commercial electronic-variable message signs (CEVMS), along the interstate and federal-aid highway - systems that do not involve flashing or animation (through lighting) are no longer prohibited by the Highway Beautification Act or Chapter 479, Florida Statutes. Changing message signs, however, may be prohibited by local ordinance codes. Section 479.155, Florida Statutes, provides: "'The provisions of this chapter shall not be deemed to supersede the rights and powers of counties and municipalities to enact outdoor advertising or sign ordinances." In 1978, the National Electric Sign Organization (NESA) successfully lobbied for changes in the Highway Beautification Act so as to allow CEVMS for on-site signs. The amendment was represented by the underscored language in the following excerpt of 23 U.S.C. Section 131(c) - "(3) signs, displays, and devices, including those which maybe chanced at reasonable intervals by electronic process or by remote control, advertising activities conducted on the property on which they are located, ..." Ina 1980 FHWA • report, the following comments were offered as to the scope of the amendment: The legislative history of this action emphasized the distinction between conventional electric signs utilizing flashing, intermittent or moving lights and the ' .orbited Signs: Flashing Signs Page 3 of 3 type of signs on which the only movement is a periodic change of message against a solid, color-less background. This distinction was elaborated by the following statement of the National Electic Sign Association (MESA) in the legislative hearings (National Electric Sign Association, 1978, pp 246-247): An electronic information display does not flash or animate static information. The only movement is the changing of information against the solid colorless background.... Time, date, temperature, weather, directional information, or other public service or commercial messages of interest to the traveling public may thus be offered efficiently with constant light. Therefore, to the extent there are commercial electronic-variable message signs utilized on site or otherwise, there was no intent to allow flashing signs or conventional animated signs. The electronic information display was not intended to "flash or animate static information." The messages were intended to be offered "with constant light." Summary: Flashing signs are prohibited in areas adjacent to the interstate and federal-aid highway systems by operation of federal law and state law. This prohibition applies to both on-site and off-site signs. As a result of those provisions, most local ordinances have incorporated • the same prohibitions applied across the board to all signs. However, in the absence of a local ordinance prohibition, flashing signs maybe allowed in areas not adjacent to the interstate and federal-aid highway systems. --- - _ _-- Citizens for a Scenic Morida ~ 4401 Emerson St., Ste. 10 • Jacksonville, FL 32207 Telephone: 904-396-0037 • Facsimile: 904-398-4647 O 1998-?000 6y Clttsau for a Scaric Florida, /ec. pyy~]g~g Citizens far a 3cesic Florida, hic. is a 501(cx3) nooprof t oe~poratiea whim allows your ceotrib~dioa to be Iax doductible. Mambenhip in t:itizraa far a Scenic Florida artamaticaUy conveys memberahitp in Sea~ic America, Ioc. a~ you will receive their QTY poblicatiaaa. 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