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