Loading...
07-02-2013 Regular Meeting City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 2, 2013 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday July 2, 2013 at 7:00 p.m. by Chairman Nick Jones. Other members present were Carlos Solis, Harry Mason, Bernadette Dubuss, and Judy Proli. Also in attendance were Barbara Hollerand, Planning and Zoning Director, Curt Henschel, Senior Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held June 4, 2013 were approved as amended. REPORTS There were no reports. 1. REQUEST FOR CONDITIONAL USE PERMIT DEVELOPMENT NAME: Poolside Grill APPLICANT: John Wetzel REQUESTED ACTION: A Conditional Use Permit to allow for restaurant in the C-1 Light Commercial zoning district. LOCATION: 101 E. Highway 50 City planner Curt Henschel presented the following staff report: The applicant is proposing to open a new restaurant at 101 East Highway 50 within the Advanced Water Shapes office building. Restaurants are required to obtain a Conditional Use Permit within the C-1 zoning district. The proposed restaurant will occupy one half of the overall building plus the area outside around the display pool. The grill will be located outside in an existing area already set up for demonstration purposes, and a small kitchen will be set up inside the office building. Based on the proposed layout, the restaurant alone will require 12 parking spaces, and the remaining office space requires 4 parking spaces. There are a total of 10 parking spaces approved on the entire site. A variance will be required for 6 parking spaces that cannot be provided for. Staff believes this development is consistent with the uses in the area, however, staff also feels the size of the parcel is too small for the proposed restaurant and office use. Therefore staff recommends denial of the Conditional Use Permit request for a restaurant use on this C-1 zoned parcel. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 2, 2013 Page 2 John Wetzel, 101 E. Highway 50, stated that due to the downturn of the economy, he wants to utilize the extra space in the building. He stated that there is a conference room that is 20 feet by 30 feet with a restroom and small kitchen. He stated that they would like to have a grill outside. He stated that they aren't looking to have a lot of people. He stated that they want to set up a couple of small tables outside and a few booths with a small beer and wine area. Commissioner Solis asked if Mr. Wetzel was able to speak to the owner of the vacant lot to lease the property for additional parking. Mr. Wetzel stated that he is speaking to the owner about using the vacant lot for valet parking. Commissioner Solis asked if the vacant lot would meet code for parking. Mr. Henschel stated that it would help the parking issues, but it wouldn't meet code unless it was paved and had landscape buffers. Commissioner Mason stated that adding beer and a restaurant to a site that also has guns and spas wouldn't be good publicity. City attorney Dan Mantzaris stated that from a publicity perspective, this is not relevant to the application. He stated that as long as the gun shop and pool company are there legally, then it is not an issue. Commissioner Dubuss asked if the proposed layout of the parking is practical for the use. Mr. Henschel stated that they do not meet code. He stated that there are several issues with the parking. Commissioner Proli stated that she has concerns about the smaller parking spaces and having other cars hitting your cars. She asked if he considered renting out office space rather than operating a restaurant. Mr. Wetzel stated he doesn't see any issues with parking. City attorney Dan Mantzaris stated that the parking is not the issue that is before the Board, only the use of the property is being considered. Commissioner Harry Mason moved to recommend denial of the Conditional Use Permit; seconded by Commissioner Judy Proli. The vote was unanimous to recommend denial for the Conditional Use Permit to City Council. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 2, 2013 Page 3 2. REQUEST FOR SMALL-SCALE AMENDMENT DEVELOPMENT NAME: 10th and Broome Street APPLICANT: Staff REQUESTED ACTION: To change the future land use from Medium-density Residential to Residential/Office. LOCATION: Northeast corner 10th Street and Broome Street Planning and Zoning Director Barbara Hollerand presented the following staff report: Staff recommends approval of Ordinance 2013-12, an administrative small-scale comprehensive plan amendment for the property on the northeast corner of Tenth and Broome Streets. This amendment to the Future Land Use map of the City's comprehensive plan assigns a City future land use of Residential/Office. The City inadvertently changed the future land use of the property to Medium-Density Residential when it rewrote its comprehensive plan in 2009. This property was previously approved for a future land use change from Residential to Residential/ Professional in 2004. This future land use is the equivalent to the Residential/Office future land use that is now part of the rewritten comprehensive plan. It was never City's intention to have the property revert back to residential-only use. If approved by the City Council, the small-scale comprehensive amendment will be submitted to the Florida Department of Economic Opportunity but will not be reviewed. Commissioner Bernadette Dubuss moved to recommend approval of the Small-Scale Comprehensive Plan Amendment; seconded by Commissioner Judy Proli. The vote was unanimous to recommend approval for the Small-Scale Comprehensive Plan Amendment to City Council. 3. REQUEST FOR SMALL-SCALE AMENDMENT DEVELOPMENT NAME: Palm Street APPLICANT: Staff REQUESTED ACTION: To change the future land use from Public Facilities/Institutional to Medium-density Residential. LOCATION: Palm Street located between Second Street and Orange Avenue. Planning and Zoning Director Barbara Hollerand presented the following staff report: Staff recommends approval of Ordinance 2013-13, an administrative small-scale comprehensive plan amendment for the properties along Palm Street between East Avenue and Second Street. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 2, 2013 Page 4 This amendment to the Future Land Use map of the City's comprehensive plan assigns a City future land use of Medium-Density Residential. The City inadvertently changed the future land use of the property to Public Facilities/Institutional when it rewrote its comprehensive plan in 2009. The adjacent public lands along the Lake Minneola waterfront have the Public Facilities/Institutional future land use,but it was never intended to be assigned to the Palm Street residential area to the south. If approved by the City Council, the small-scale comprehensive amendment will be submitted to the Florida Department of Economic Opportunity but will not be reviewed. Commissioner Bernadette Dubuss moved to recommend approval of the Small-Scale Comprehensive Plan Amendment; seconded by Commissioner Judy Proli. The vote was unanimous to recommend approval for the Small-Scale Comprehensive Plan Amendment to City Council. 4. REQUEST FOR SMALL-SCALE AMENDMENT DEVELOPMENT NAME: Highway 50—Brasher property APPLICANT: Staff REQUESTED ACTION: To change the future land use from Office to Commercial. LOCATION: Vacant lot between Highway 50 and Legends Way Planning and Zoning Director Barbara Hollerand presented the following staff report: Staff recommends approval of Ordinance 2013-14, an administrative small-scale comprehensive plan amendment for the Brasher property on S.R. 50, south of Legends Way, east of Citrus Tower Boulevard. This amendment to the Future Land Use map of the City's comprehensive plan assigns a City future land that is consistent with the commercial zoning already on the 6.48-acre parcel. The property's Office future land use was assigned as part of the City's rewrite of its comprehensive plan in 2009. At that time, the discrepancy between the future land use and the zoning was not evident. The City's objective is to match the zoning and the future land use on this parcel by changing the future land use from Office to Commercial. If approved by the City Council, the small-scale comprehensive amendment will be submitted to the Florida Department of Economic Opportunity but will not be reviewed. Commissioner Bernadette Dubuss moved to recommend approval of the Small-Scale Comprehensive Plan Amendment; seconded by Commissioner Judy Proli. The vote was unanimous to recommend approval for the Small-Scale Comprehensive Plan Amendment to City Council. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 2, 2013 Page 5 5. REQUEST FOR SMALL-SCALE AMENDMENT DEVELOPMENT NAME: Highway 50–Hospital property APPLICANT: Staff REQUESTED ACTION: To change the future land use from Office to Commercial. LOCATION: Vacant lot between Highway 50 and Legends Way Planning and Zoning Director Barbara Hollerand presented the following staff report: Staff recommends approval of Ordinance 2013-15, an administrative small-scale comprehensive plan amendment for the property owned by South Lake Hospital on S.R. 50, south of Legends Way, east of Citrus Tower Boulevard. This amendment to the Future Land Use map of the City's comprehensive plan assigns a City future land that is consistent with the commercial zoning already on the 3.98-acre parcel. The property's Office future land use was assigned as part of the City's rewrite of its comprehensive plan in 2009. At that time, the discrepancy between the future land use and the zoning was not evident. The City's objective is to match the zoning and the future land use on this parcel by changing the future land use from Office to Commercial. If approved by the City Council, the small-scale comprehensive amendment will be submitted to the Florida Department of Economic Opportunity but will not be reviewed Commissioner Bernadette Dubuss moved to recommend approval of the Small-Scale Comprehensive Plan Amendment; seconded by Commissioner Harry Mason. The vote was unanimous to recommend approval for the Small-Scale Comprehensive Plan Amendment to City Council. 6. REQUEST FOR CHANGE TO THE LAND DEVELOPMENT CODE APPLICANT: Staff REQUESTED ACTION: To amend Chapter 102, Signs, Section 102-8, Prohibited Signs, Exceptions; Chapter 118, Vegetation, Section 118-4, Appeals; and Chapter 122, Zoning, Section 122-343, Fences and Walls. Planning and Zoning Director Barbara Hollerand presented the following staff report: Staff recommends approval of Ordinance 2013-11, which includes updates to three sections of the Land Development Code. These sections— dealing with banner signs, landscape requirements and fences on corner lots—have been the subject of recent variances approved by the City Council. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 2, 2013 Page 6 The changes to Chapter 102 Signs provide additional information on how banner signs can be used by nonprofit entities. It details the size, location and length of time a banner may be displayed. Changes to Chapter 118 Vegetation includes the creation of a waiver to landscaping and tree protection requirements, similar to one recently adopted by Lake County. The change to Chapter 122 Zoning allows six-foot, corner lot fences, provided there are no line-of-sight safety issues. Two requests for variances for six-foot, corner lot fences were approved by the City Council in May and another was approved in Apnl. Commissioner Harry Mason stated that the tree ordinance requiring three canopy trees needs to be changed by administration. Ms. Hollerand stated that those code changes will be brought forward to the Board hopefully in August. Commissioner Dubuss asked if this land development code amendment will impact the ordinance that was adopted for the Kings Ridge Subdivision. City planner Curt Henschel stated that this code will not affect the ordinance that was approved for Kings Ridge Subdivision. Commissioner Solis stated that the sign ordinance needs to change to allow banner signs for commercial businesses to help them. Ms. Hollerand stated that staff can look at that part of the code for possible changes. Commissioner Bernadette Dubuss moved to recommend approval of the Land Development Amendments; seconded by Commissioner Carlos Solis. The vote was unanimous to recommend approval for the Land Development Code Amendments to City Council. There being no further business, the meeting was adjourned at 7:56 pm. Nick J e , Chairman AO ATTEST: ZC) Rae Chidlow—Administrative Assistant