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08-02-2011 Regular Meeting City of Clermont MINUTES PLANNING AND ZONING COMMISSION AUGUST 2, 2011 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday August 2, 2011 at 7:00 p.m. by Chair Cuqui Whitehead. Other members present were Robert Boyatt, Nick Jones, Raymond Loyko and Judy Proli. Also in attendance were Curt Henschel, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held July 5, 2011 were approved as written. REPORTS Commissioner Nick Jones stated that he would like to remind everyone of the Season 7 of the Florida Lake Symphony Orchestra coming up in October 2011. 1. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Montrose Wine Bar OWNER: Mathew D. Rhoda APPLICANT: Yellymary Montalvo REQUESTED ACTION: Request a Conditional Use Permit to allow a Bar within the Central Business Zoning District. LOCATION: 712 West Montrose Street EXISTING ZONING: CBD (Central Business Distnct) EXISTING LAND USE: Vacant Building FUTURE LAND USE DISTRICT: Central Business Distnct — (CBD) FUTURE LAND USE CLASSIFICATION: Central Business Distnct — (CBD) City planner Curt Henschel stated that the applicant is requesting a conditional use permit to operate a wine bar located at 712 West Montrose Street. He stated that according to the city code, a bar is not specifically called out under the conditional uses within the Central Business District, and therefore falls under section 122 -244 (b) "in case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning commission and approval by the city council ". Mr. Henschel stated that the vacant 1700 square foot building was formerly occupied by Town Digger Advertising. He stated that the proposal is to open an upscale wine/beer bar that will offer live entertainment, high end wine sales, and serve light snacks and coffee. He stated that hours of operation are proposed to be from 1:00 p.m. to 11:30 p.m. He stated that the hours of operation are not included within the Conditional Use Permit conditions, and are open for council discretion. Mr. Henschel stated that staff recommends approval of this Conditional Use Permit request to operate a wine bar located at 712 West Montrose Street. City of Clermont MINUTES PLANNING AND ZONING COMMISSION AUGUST 2, 2011 Page 2 Ms. Montalvo, 1030 Willow Oak Loop, Minneola, presented the Commissioners with a copy of the proposed menu and background of herself. Commissioner Boyatt asked about parking issues. Ms. Montalvo stated that they are close to the public parking. She stated that she thinks most of her patrons will either be walk up patrons or patrons that are already in the downtown area. Mr. Henschel stated that the City's code does not require to add additional parking. Commissioner Jones asked if there will be a kitchen inside the facility. Ms. Montalvo stated that they will be serving mostly cold cuts and prepared meals. She stated that the foods will be delivered every day. Chairwoman Whitehead asked about the outdoor seating that is stated in the summary she presented. Ms. Montalvo stated that she had put that statement in the summary prior to speaking to Mr. Henschel about restrictions of no alcohol outside of the facility. She stated that she has decided to not have any outdoor seating so that all consumption will be done inside. Commissioner Jones moved to recommend approval of the conditional use permit; seconded by Commissioner Proli The vote was unanimous to recommend approval for the conditional use permit to City Council 2. REQUEST FOR REZONING REQUEST: Rezoning from R -1 Single- family Medium Density Residential District to C -1 Light Commercial — Ord. No. 2011 -10 -M PROJECT NAME: RaceTrac – Citrus Tower Blvd. OWNER: South Lake Connector, LLC APPLICANT: RaceTrac Petroleum, Inc. – Phillip Morrissey PARCEL SIZE: 5.52 acres +/- LOCATION: Northeast corner of U.S. 27 and Citrus Tower Blvd. FUTURE LAND USE: Commercial EXISTING LAND USE: Vacant City planner Curt Henschel stated that the applicant is requesting to rezone this site from R -1 residential to C -1 in order to permit the processing of a Conditional Use Permit (CUP) for a convenience store and gas station. He stated that the Conditional Use Permit application is being City of Clermont MINUTES PLANNING AND ZONING COMMISSION AUGUST 2, 2011 Page 3 processed concurrently with this rezoning request. He stated that the remainder of the site will also be developed in accordance with the C -1 requirements and the Land Development Code. Mr. Henschel stated that this site was originally approved in 2008 as one portion of a Conditional Use Permit for Kings Crossing. He stated that this development would have allowed a mix of C- 1 and office uses. In the past, various uses were allowed as part of a Conditional Use Permit approval. He stated that staff recommends that uses be directly associated with actual zoning districts to avoid any future confusion with allowed uses and conditional uses within particular zoning districts. Mr. Henschel stated that the Future Land Use for this site and the portion to the south is Commercial. He stated that the C -1 Light Commercial Zoning District is the lowest level zoning of commercial to match this land use. Convenience stores and gas stations are required to have a Conditional Use Permit in a C -1 Light Commercial Zoning District. Mr. Henschel stated that the rezoning to C -1 would be consistent with this request and the area as a whole. Mr. Henschel stated that the site is well served by the transportation network with access to three streets. Mr. Henschel stated that staff recommends approval of the rezoning request. Commissioner Jones moved to recommend approval of the rezoning from R -1 Residential to C -1 Light Commercial; seconded by Commissioner Boyatt. The vote was unanimous to recommend approval for the rezoning to City Council. 3. REQUEST FOR CONDITIONAL USE PERMIT REQUEST: Request a Conditional Use Permit to allow a gas station and convenience store within a C -1 Light Commercial Zoning District. PROJECT NAME: RaceTrac — Citrus Tower Blvd. OWNER: South Lake Connector, LLC APPLICANT: RaceTrac Petroleum, Inc. — Phillip Morrissey LOCATION: Northeast corner of U.S. 27 and Citrus Tower Blvd. PARCEL SIZE: 2.39 acres +/- FUTURE LAND USE: Commercial EXISTING LAND USE: Vacant EXISTING ZONING: R -1, Single Family Medium Density Residential (Applied for rezoning to C -1, Light Commercial) City of Clermont MINUTES PLANNING AND ZONING COMMISSION AUGUST 2, 2011 Page 4 City planner Curt Henschel stated that the applicant is requesting a conditional use permit for a gas station and convenience store located at the Northeast corner of U.S. 27 and Citrus Tower Blvd. Mr. Henschel stated that access to the 2.39 acre development will only be from U.S. 27 and two locations off Citrus Tower Blvd. (right - in/right -out for all three). Mr. Henschel stated that two of these are to be shared access with the remaining 3.13 acres of the overall 5.52 acre area. Mr. Henschel stated that this site was originally approved in 2008 as one portion of a Conditional Use Permit for Kings Crossing. He stated that this development would have allowed a mix of C- 1 and office uses. He stated that in the past, various uses were allowed as part of a Conditional Use Permit approval. He stated that staff recommends that uses be directly associated with actual zoning districts to avoid any future confusion with allowed uses and conditional uses within particular zoning districts. He stated that the Kings Crossing Conditional Use Permit is now void because no development occurred within the two year time frame required. Mr. Henschel stated that the Future Land Use for this site and the portion to the south is Commercial, and the C -1 Light Commercial Zoning District is the lowest level zoning of commercial to match this land use. He stated that convenience stores and gas stations are required to have a Conditional Use Permit (CUP) in a C -1 Light Commercial Zoning District. Mr. Henschel stated that the site is well served by the transportation network with access to three streets. Mr. Henschel stated that staff believes this development is consistent with the uses in the area and recommends approval of this Conditional Use Permit request for a gas station and convenience store. Commissioner Prola moved to recommend approval of the conditional use permit; seconded by Commissioner Jones. The vote was unanimous to recommend approval for the conditional use permit to City Council. There being no further business, the meeting was adjourned at 7:28 pm. 1 / %1/ Cu • , i Whitehead, Chairwoman ATTEST: Rae Chidlow — Administrative Assistant