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01-07-2003 Regular Meeting• CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION January 7, 2003 The meeting of the Planning & Zoning Commission was called to order Tuesday, January 7, 2003, at 7:00 p.m. by Chairman Richard Tegen. Members present were, Maggie Miller, John Carlson, John Atwater, and Dave Lange and Sy Holzman. David Pape and Ronaldo Camargo were absent. 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 November 5, 2002 were approved as written. Chairman Richard Tegen asked if there were any reports from the Planning Director or members of the Commission. Chairman Richard Tegen announced that there will be a Joint Planning Committee meeting of the Clermont City Council and the Lake County Board of Commissioners. It will be at Lake Sumter Community College, the South- Lake Campus on January 24, • 2003 at 9:00 a.m. He encouraged the Commission members to attend. Chairman Tegen announced that the terms of service of several members of the Planning & Zoning Commission are about to expire. He encouraged all those who would like to continue to serve the City in this capacity to write to the City Manager and express that desire. 1. REQUEST FOR AMENDMENT TO THE LEGENDS PUD APPLICANT: Jimmy Crawford OWNER: Tollefson Development of Florida Inc. Chairman Richard Tegen announced that the applicant has withdrawn this request. 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Dr. Lloyd Meyer OWNER: Orlando Christian Schools, Inc. • REQUEST: To amend an existing Conditional Use Permit to allow for the addition of two modular buildings as part of an expansion of the private school. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION January 7, 2003 Page - 2 - GENERAL LOCATION: Southwest corner of the intersection of Citrus Tower Blvd. and Grand Highway. SIZE OF PARCEL: +/-1.35 acres. EXISTING LAND USE: Church and Christian school. FUTURE LAND USE DISTRICT: Undeveloped District-5 (UD-5); the requested use is an allowable use in the UD-5. FUTURE LAND USE CLASSIFICATION: Public facilities/Institutional. The requested use is allowed in the Public facilities/Institutional land use classification EXISTING ZONING: C-2, General Commercial. A church is a conditional use in any zoning district. . Planning Director Barry Brown introduced this request by saying that the applicant, Orlando Christian Schools, currently operates a private school on the subject property. The existing sanctuary is being used on a temporary basis by the Clermont Baptist Church until their permanent facilities are constructed on Old Highway 50. The applicant is proposing to expand the existing private school operation with the addition of two modular classroom buildings. The existing sanctuary will be used as a chapel and classroom space for the school. The proposed private school use is appropriate at this location and the project meets the criteria of the land use designations and zoning district. Barry Brown added that the Orlando Christian School will be requesting a variance from the City Council to be allowed to provide the required 20 foot wide landscape buffer in the right-of-way rather than on the subject property. Richard Tegen asked if anyone present would like to speak in reference to this request. Dr. Lloyd Meyer, Orlando Christian School, 100 S. Grand Highway, Clermont, FL., was sworn in and said that they have been working with Lake County on getting the easement they need. Dr. Meyer also said that the additional buildings have already been assembled and are ready for delivery. He said he would appreciate it if the Commission would approve the request. • Richard Tegen asked if there was enough room on the north end of the property to provide a proper turning radius for vehicles. Barry Brown said that it did not meet city code for a cul-de-sac but since it was a private roadway it didn't have to meet code. The applicant would have to demonstrate that it • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION January 7, 2003 Page-3- would function properly during the site review process. Sy Holzman asked what would happen if Lake County doesn't allow use of their right-of- way for the required buffer. Barry Brown replied that in that case the project could not go forward. John Atwater asked if there would be adequate parking if the request is approved. Barry Brown said that there would be as long as Lake County gives the Church the landscape easement. John Carlson made a motion to approve the request. Sy Holzman seconded the motion. The vote was unanimous in favor of the request. • 3. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Shore Land'r of Florida, David E. Lange. OWNER: Highland Industries, Inc., Charles Russ. REQUEST: To amend a Conditional Use Permit, Resolution No. 1259, to allow for a boat and utility trailer assembly operation including retail sales in the C-2, Commercial zoning district. LOCATION: Orange Services Co., Inc. property on the east side of U.S. 27 south of Hooks St. and south of the Florida Motel. EXISTING LAND USE: Orange Services Co., Inc. and Budget truck rental. FUTURE LAND USE DISTRICT: Undeveloped District -2 (UD-2). FUTURE LAND USE CLASSIFICATION: Commercial. EXISTING ZONING: C-2, General Commercial. A light manufacturing operation is a conditional use in the C-2 zoning district. • Planning Director Barry Brown introduced this request by saying that in June 2002, a conditional use permit was adopted for this property to allow for the continued use of the agricultural services operation, Orange Services Inc., and for a Budget truck rental operation. The current request is to amend the CUP to allow for light manufacturing and retail sales. The applicant, Shore Land'r of Florida, is proposing to use an existing • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION January 7, 2003 Page-4- building on the site for the final assembly, warehousing, and retail sales of boat and utility trailers. Shore Land'r will occupy the concrete block and metal building in the middle of the property. Trailers will be stored in the fenced in yard behind the buildings along U.S. 27. The proposed use is appropriately located in a commercial area and the property has the proper land use designations and zoning. Richard Tegen asked if the applicant would like to address the Commission. David Lange, 955 Brogden Dr, Clermont, FL. was sworn in and said he is moving his business from Ocoee to Clermont. He said there would be no trucks or product parked in front of the building. He went on to say that the retail sales portion of the business would be mostly for parts and customer service. • Richard Tegen asked if there would be any signage related to the business. David Lange replied there might be one small sign. Barry Brown said there was a sign already in place and that the new business could share that space. He also said that outdoor display of merchandise is not allowed per City code. Sv Holzman made a motion to approve the request. John Atwater seconded the motion. The vote was unanimous in favor of approval. 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Royal Oaks Veterinary Hospital. OWNER: Total Real Estate Development. REQUEST: For a Conditional Use Permit to allow for a veterinary clinic in the C-2, Commercial zoning district. • LOCATION: The Royal Oaks Plaza at the southeast corner of U.S. 27 and Hartwood-Marsh Rd.; east of the Eckerds Pharmacy and south of the Publix shopping center. EXISTING LAND USE: Office building. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION January 7, 2003 Page-S- FUTURE LAND USE DISTRICT: Undeveloped District -7 (UD-7). FUTURE LAND USE CLASSIFICATION: Commercial. EXISTING ZONING: C-2, General Commercial. A veterinary clinic is a conditional use in the C-2 zoning district. Barry Brown introduced this request by saying that the applicant is proposing to operate a veterinary clinic at the Royal Oaks Plaza. The proposed use is appropriately located in a commercial area and the property has the proper land use designations and zoning. Richard Tegen asked if the applicant was present and would like to make a presentation. The applicant was not present. Sy Holzman suggested tabling this matter until the applicant could be present to answer questions from the Commission. Barry Brown stated that this request was not an involved one, and unless there were major questions, the Commission should consider this request at this meeting. Maggie Miller said the request states there will be no overnight boarding. She asked how that might be possible if an animal were to be operated on and needed to stay for a night or two after surgery. Barry Brown explained that this would not be a boarding kennel where people who were going away for a week or two would board their pets, but that in the case of an animal who has had surgery there would be possible overnight stays while the animal recuperates enough to go home. There was additional discussion about choosing not to hear requests when the applicant does not appear. It was decided there should be some kind of notification to the applicant that if they chose not to attend the Commission meeting and be available to answer questions, the matter may very well be tabled to a later date. Sy Holzman made a motion to approve the request. John Carlson seconded the motion. • Maggie Miller asked if the other tenants in the building had any objections to having a veterinary hospital. Barry Brown indicated there has been no opposition to the veterinary hospital. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION January 7, 2003 Page-6- The vote was unanimous in favor of approval. Maggie Miller wanted it on record that she voted for approval reluctantly. There being no further business the meeting was adjourned. Ri and Tegen, Cha' man ., ~ ATTEST: ;, ~- Jane.-C~' McAllister - P~dnning Technician II • • FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ST NAME-FIRST NAME-MIDDLE NAME N~ME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS ~'7 j~ '' ' ~ ~ /1 ^ 1 ~`' THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ~ / ~ ~ / G ` CITY ' COUNTY ITY ^ COUNTY ^ OTHER LOCAL AGENCY ~"L ) a - /~ p / ~ NAME OF POLI ICAL SUg DIVISION: ~ ' ~ 7C ~" ~~ ~~ / i / L ~ i ' y DATE ON WHICH VOTE OCCURRED -~ ~ ~ ~ ~ MY P ITION IS: U% / //~~~L L ^ ELECTIVE ~ 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- 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. 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 86 - 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, _ ~."j ~ 1(~ __~ _- L,~~ ~' L`° ~ __, hereby disclose that on --____ ~i'~~t! ~'.~~ C/__7 ___, 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 __ whom I am retained; or inured to the special gain or loss of_____ by which is the parent organization or subsidiary of a principal which has retained me. The measure before my agency and the nature of my conflicting interest in the measure is as follows: r~~ i~a T/G,,~2~~ -9 L ~~s ~, /' ~~~ ~'~,~-,r ~ r ~~~r~ ~ f-~~: ~~ , ~ v~~~ .J ~~ ~~_ Date Filed \\ ~ ~ ~ ~ ;. ., ~ .__ _. ignature ~~~ 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 86 - EFF. 1/2000 PAGE 2