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06-02-2009 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION June 2, 2009 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday June 2, 2009 at 7:01 p.m. by Vice-Chairperson Cuqui Whitehead. Other members present were Bill Banzhaf, Bernadette Dubuss, Bill Gray, and Judy Proli. Also in attendance were Jim Hitt, Planning Director, Curt Henschel, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held May 5, 2009 were approved as written. REPORTS Planning director Jim Hitt stated that the City is expecting the report from the Florida Department of Community Affairs either on Friday or Monday regarding the Comprehensive Plan. 1. REQUEST FOR A CONDITIONAL USE PERMIT PROJECT NAME: Jones Auto Repair OWNER /APPLICANT: Gerald A. Jones REQUESTED ACTION: A request for a CUP to allow the use of an automotive and truck repair service business in a C-1 Light Commercial District LOCATION: 611 W. Highway 50, (Southwest corner of S.R. 50 and Lake Avenue) EXISTING LAND USE: Non-conforming automotive and truck repair service FUTURE LAND USE DISTRICT: Non-Established District 3 (NED-3) FUTURE LAND USE CLASSIFICATION: Commercial EXISTING ZONING: C-1, Light Commercial District Planning Director Jim Hitt stated that the applicant has requested to operate an automotive and truck repair service within a C-1 Light Commercial Zoning District. He stated that according to Sec. 122-204 of the Clermont Land Development Code, this use requires approval of a Conditional Use Permit. He stated that the automotive and truck repair service has been operating on this site in non-compliance of a pre-existing CUP. He stated that this CUP was previously approved July 22, 2008. Mr. Hitt stated that the application is pursuant to a mediated settlement of litigation between the applicant and the City, and incorporates mediated changes for permit and completion dates. He stated that the owner wishes to redevelop the site as shown by the attached site plan, which incorporates site improvements which include: New 2,400 sq. ft. building, Buffer wall, Landscaping, Entrances, Underground retention, Parking spaces sized per code, Dumpster enclosure, Sidewalks on Lake Avenue. and Chestnut Street. Mr. Hitt stated that this automotive and light truck repair service would be limited strictly to cars, SUVs, vans, recreational vehicles, dump trucks, agricultural or construction implements such as (but not limited to) tractors and front-end loaders, semi-tractors (without trailers attached) and small utility (light) trucks. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 2, 2009 Page 2 He stated that no semi-trailer, or heavy equipment (e.g. bulldozers), repairs, parking or storage, shall be permitted. Mr. Hitt stated that the applicant has received six variances which include the following: Reduced landscape buffer along east street side (Lake Ave.), 15' to 3.25'-10.7'; and 15' to 14.4' on south side (Chestnut St.), Landscape buffer reduction along west side - 10' to 7.8', Building setback reduction for new building - 12' to 7.8', Landscape buffer reduction along north (S.R. 50) - 20' to 5', Parking space reduction - 25 to14, Landscape island reduction -less than 300 sq. ft. or no terminal islands. Mr. Hitt stated that staff recommends approval of the requested CUP for an automotive and truck repair service business at 611 W. Highway 50, as outlined in the CUP conditions. Commissioner Banzhaf stated that he recommends keeping this conditional use permit moving forward to see if improvements can be made to this property. Commissioner Dubuss asked if Mr. Jones planned to address some concerns from a letter submitted by a nearby resident. Gerald Jones, 611 W. Highway 50, stated that he has been spending money on attorneys and engineers so he can get to the permitting stage of the process. He stated that he would not be here requesting an extension on the conditional use permit if they had not encountered water retention issues on Lake Avenue. He stated that DOT did not approve their original plans. He stated that it took a month and half for the City to agree to put the run-off onto Chestnut Street, so that put them behind. He stated they had to pay to have everything re-engineered. He stated that as far as the racing rig is concerned, it will be moved off the property when the building is built and the race cars and the 1955 Ford can go inside the shop. He stated the Chevy truck is waiting for him to put a water pump and oil pump on it then it will go elsewhere for a paint job. He stated that he has to build this to look better, and he just doesn't have a place for it before the building is built. Commissioner Boyatt asked if all the race cars, trailer and boat will go away when the building is built. Mr. Jones stated that it will all be cleaned up. Commissioner Gray stated that he would like to see the property cleaned up. Commissioner Proli stated that if she had her way she would close him down. She stated that he cannot continue prolonging making the required improvements. Mr. Jones explained the history of his issues with the city and the liens against his property. Commissioner Proli stated that he could have been working on cleaning up the property little by little. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 2, 2009 Page 3 Commissioner Whitehead reminded the Board that they were here for the conditional use permit. City Attorney Dan Mantzaris stated that the only issues that need to addressed is to amend the existing conditional use permit to allow for additional time to get the buildings constructed and the property cleaned up. City staff has recommended approval for the conditional use permit which shows the city is working with Mr. Jones. Commissioner Banzhaf moved to approve the request for the Conditional Use Permit, seconded by Commissioner Boyatt. The vote was unanimous to recommend for approval to City Council. 2. REQUEST FOR A CONDITIONAL USE PERMIT OWNER: Hunters Trace Properties, Inc. APPLICANT: William Geiler VMD REQUESTED ACTION: A request for a CUP in C-2 (General Commercial) to allow for a Veterinary Hospital EXISTING ZONING: C-2, General Commercial LOCATION: 731 East Hwy. 50, Suite B EXISTING LAND USE: Commercial Shopping Plaza FUTURE LAND USE DISTRICT: Established Business District 2 (EBD-2) FUTURE LAND USE CLASSIFICATION: Commercial City planner Curt Henschel stated that the applicant requests a CUP for a veterinary hospital in a C-2 (General Commercial) zoning district. He stated that the parcel currently has a 44,000 sq. ft. shopping plaza that is used by a mixture of commercial uses. He stated that the applicant is proposing to lease suite B of the plaza consisting of 8,000 square feet. Mr. Henschel stated that the applicant proposes tc care, and taking care of any ill domestic dogs, cats, proposed for surgical patients and ill patients. provide vaccinations, surgery, dental care, senior birds and reptiles. He stated that overnight care is Mr. Henschel stated that staff recommends approval of the request for a CUP to allow a veterinary hospital on this C-2 (General Commercial) zoned parcel. He stated that the property has the proper land use and zoning designations. He stated that the proposed use is appropriate at this location; therefore, staff recommends approval with the following conditions. William Geiler stated that he has owned the veterinary hospital for 7 years now. He stated that they are the only vet in the area that deals with wildlife. They take care of the ones they can and re-release them into the wild. He stated that he is now adding another vet onto his staff so that his clients do not have to wait so long to see him. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 2, 2009 Page 4 Commissioner Gray stated that he feels we can use a facility like this in this area. Commissioner Banzhaf asked where the animals will go if they need to go out. Mr. Geiler stated that they will not be boarding animals overnight so they will not need a run for the animals. He stated that any animals that are really sick will go to the emergency clinic. He stated that the vast majority of his clients do clean up after their animals. Commissioner Gray moved to approve the request for the Conditional Use Permit, seconded by Commissioner Proli. The vote was unanimous to recommend for approval to City Council. There being no further business, the meeting was adjourned at 7:37. ,, ~ `Da i a 'Yuan ATTEST: ;S ~~ /~~~ Rae Chidlow -Administrative Assistant