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03-02-2004 Regular Meeting• CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 2, 2004 The meeting of the Planning & Zoning Commission was called to order Tuesday, March 2, 2004, at 7:00 p.m. by Chairman David Pape. Members present were Maggie Miller, David Lange, David Outlaw, Roger Pierce, Henry Rhee, Carolyn Mathieson, Richard Tegen and Sy Holzman. 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 February 3, 2004 were approved as written. REPORTS Planning Director Barry Brown introduced Planner Sharon Farrell to those present. Ms. Farrell has been working for the Planning and Zoning Department for approximately 6 months, but this was the first time Ms. Farrell had appeared before the Commission. • 1. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT AND OWNER: Denis G. Bourguignon REQUEST: To allow for a professional office/dental office in the R-3 Residential/Professional zoning district. LOCATION: 659 W. Juniata Street EXISTING LAND USE: Residential home. FUTURE LAND USE DISTRICT: Non-Established District -2 (NED-2) FUTURE LAND USE CLASSIFICATION: Residential/Professional ZONING: R-3, Residential/Professional. Planner Curt Henschel introduced this request by saying that the applicant intends to locate a Professional office/Dental office in an existing residential structure. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 2, 2004 Page - 2 - The applicant will be occupying a former residence of approximately 1400 square feet. The house will be converted into a Dental Office with waiting room and two dental chair rooms. Seven parking spaces will have to be provided for this use. The hours of operation will be standard business hours Monday through Friday. Mr. Henschel mentioned that there will be variances associated with this CUP that will involve the landscape buffers. Commission Member Mathieson stated that when Dr. Bourguignon submitted the application, her mother, Kathy Hillary, owned the property in question. The closing has since taken place and Mrs. Hillary no longer has any interest in the property. Chairman David Pape asked if there was anyone present who would like to address this request. There was no one. • Chairman Pape than asked if the applicant was present and would like to address the Commission. Denis G Bourguignon, 16544 Lakeshore Drive, Clermont, FL was sworn in and said that he wished to open a dental practice in Clermont. He said he would be working out of this office for half the week and working at his other office in Orlando for half the week. Roger Pierce asked why it is impossible to have a 15 foot landscape buffer. Planning Director Barry Brown stated they are trying to save some oak trees that are on the property. He stated it might be possible to expand the buffer on the eastern side of the property, but that there was little room for anything next to the house on the west side. Henry Rhee asked why the water retention area was necessary, when that room could be used for parking. Barry Brown explained it was a condition set forth by the St. Johns Water Management authority. He suggested that the City Engineer might visit the Planning and Zoning Commission to explain the rules regarding water retention. • CITY OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION March 2, 2004 Page -3- Sy Holzman mentioned that he would like to see some bushes on the west side of the house that would serve as a buffer between the properties. Barry Brown explained that there really isn't any room along the west side of the house to add any landscaping. Commission Member Tegen moved for approval of fhe request• seconded by Commission Member Holzman The motion passed 8-7 with Commission Member Pierce voting a aq inst. Commission member Pierce stated that he is disturbed by all the variances requested and granted in regard to landscape buffers. He went on to say that the Code should be adhered to as closely as possible. 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT :Jimmy Crawford OWNER: Messy Dog, LLC; Toppino LLC REQUEST: To amend the existing CUP to allow for a shopping center to include restaurants, retail, light duty auto service, oil change facility, full service car wash, and office space. LOCATION: Northwest corner of Oakley Seaver Blvd. and Highway 50. EXISTING LAND USE: Sonny's restaurant and United Southern Bank (Phase 1), Phase 2 is currently vacant. FUTURE LAND USE DISTRICT: Undeveloped District - 5 (UD-5}. FUTURE LAND USE CLASSIFICATION: Commercial EXISTING ZONING: C-2, General Commercial. Planner Curt Henschel introduced this request by saying that a Conditional Use Permit for this property was approved in June 2000. It allowed for the development of the property as a movie theater complex with two out parcels. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 2, 2004 Page ~- Currently, the movie company no longer has plans to construct on the site, this leaves the applicant with a new development proposal. The two out parcels of the property have been developed and are operating as the Sonny's Restaurant and United Southern Bank. With the remainder of the parent parcel to be developed, the applicant proposes an amendment to the existing CUP to add a shopping center with approximately 42,000 square feet. This will include restaurants, retail, light duty auto service, oil change facility, full service car wash, and office space. The applicant is also requesting a variance fora 15 foot wide landscape buffer along Oakley Seaver Blvd. rather than 20 feet per code. This will accommodate an 8 foot wide sidewalk rather than a 5 foot sidewalk and allow for 2 additional feet in the building pad. . The applicant is also requesting a variance to allow for a portion of the western buffer to be sloped in order to accommodate the existing slope (the same as the sloped buffer on the west side of Sonny's.) Chairman David Pape asked if the applicant was present and would like to make a presentation. The applicant or a representative was not present. Chairman Pape asked if there was anyone who wished to address this request. Earl Ratliff, 1231 Laurel Haven Court, Clermont, FL 34711, was sworn in and said that he lives just west of where the proposed tire shop and car wash would be located. He expressed concerns about the noise that will be generated by having those businesses so close to his property and asked if those businesses could be relocated further east in the shopping center, or if a wall could be erected to help cut down on the noise. Mr. Ratliff said he is already exposed to quite a bit of noise from the Home Depot Store that is on the east side of Oakley Seaver Blvd. Mr. Ratcliff fears that his quality of life and his property value will be diminished by allowing these particular businesses to be located at the west side of the property. • CITY OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION March 2, 2004 Page -5- Commission Member David Lange moved to table this request since there was no one representin tg he applicant to answer questions; seconded by Commission Member Tegen The motion passed with all members voting "aye" 3. ORDINANCE 332-C; DEVELOPMENT AGREEMENTS Planner Sharon Farrell introduced this ordinance by saying that it was necessary to have written language that will govern the way Development Agreements are written and executed. She said this was merely a housekeeping measure to add this to our code. Sy Holzman asked what if the developer who signed the agreement goes bankrupt for example, and drops out, and the residents are then responsible for the community. Are they still bound by the original agreement that was signed by the developer? • City Attorney Robert Guthrie said that whoever the successor was to the development, would be bound by the developers agreement for the undeveloped areas in the community. Commission Member Pierce moved That this ordinance is consistent with the Comprehensive Plan and should be approved ~ seconded by Commission Member Holzman The motion passed with all members voting "aye". Planner Sharon Farrell asked that the Commission hear Ordinances 475-M and 476-M before hearing Ordinance 333-C Bed and Breakfast. 4. ORDINANCE 475-M; A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT. Sharon Farrell stated that this ordinance would amend the future land use district of Block 57 and the south'/2 of Block 56 from NED-2 (Non-Established District) to EBD-1 (Established Business District). The purpose is to expand the established business district which would allow additional office space in the downtown area. 5. ORDINANCE 476-M; A SMALL SCALE COMPREHENSIVE PLAN • AMENDMENT. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 2, 2004 Page -6- Sharon Farrell stated that this ordinance would allow for Tourist Accommodations in Non-Established District 2 (NED-2) and in Non-Established District 6 (NED-6). 6. ORDINANCE 333-C; BED AND BREAKFAST Sharon Farrell stated that this ordinance would create and define a section in the Land Development Regulations of the City Code entitled Bed and Breakfast Inns and delete the term "Boardinghouses". Commission Member Pierce asked where the 14 sleeping room rule came from. Ms. Farrell explained that it is simply one less than the State allows and would be easy to remember. • Commissioner Carolyn Mathieson asked why there could be no food service to non-guests. Sharon Farrell replied that since restaurants need to be in C-2 zoning, and Bed and Breakfasts were going to be allowed in other than C-2 zoning districts there could be no restaurant uses attached to the Bed and Breakfasts. Barry Brown pointed out that the Mulberry Inn was a bed and breakfast with a restaurant but that it was in the Central Business District and that worked out well at that location. Abed and breakfast that might be located on Osceola St. in NED-2 and is surrounded by residences so you would want the operation to be more residential rather than having a restaurant. Sy Holzman mentioned that there should be adequate off street parking to accommodate guests. Richard Tegen asked why the boardinghouse definition was being eliminated. Sharon Farrell said that any property that has been approved in the past and is operating as a boardinghouse is grandfathered in, but that there shall be no more allowed under that title because it was too ambiguous. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 2, 2004 Page -7- Jeff Biddle, who founded and previously owned the Mulberry Inn stated that you need a license as a hotel if you are renting any rooms for less than 6 months at a time. !f you are serving any food to guests that is anything more than prepackaged you do need to have a restaurant license. Mr. Biddle stated that he thinks it is a wonderful idea to allow for more bed and breakfast inns in the city by extending the area in which they are allowed. David Pape asked if there was anyone else who would like to address this ordinance change. Bill Banzhaf owner of The Old Bicycle Shop, a boardinghouse at 931 W. Montrose St. said that his establishment was grandfathered in as a boardinghouse. He went on to say that downtown Clermont needs to be a destination. Jerry Butler who owns a building at the northwest corner of West Ave and • Juniata St said that his wife was not permitted to open an electrolysis office because the future use does not include professional office although they have the proper zoning at that site. He stated that NED-6 needs to allow for professional offices as well as for bed and breakfasts. Barry Brown explained to Mr. Butler that it is appropriate to bring the issue up, but that it was too late to include his request in this ordinance. Joe Washuta, 966 W. Juniata Street said he did not have a problem with an electrolysis office at the corner of West Ave and Juniata St. He went on to say that the Butler's applied for a Conditional Use Permit which nobody protested. What they did protest was the idea that the City was going to follow up by changing the zoning to CBD. He stated that he and the other neighbors did not want that zoning at that location. Barry Brown explained that the City would have had to do a land use change before they could have considered rezoning to CBD. Michael Rocha who owns praperty at the northwest corner of 5th Street and W. Desoto St. wanted to know if and how this proposed land use change would affect his property. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 2, 2004 Page -8- Barry Brown explained that the proposed land use change would increase the uses for this particular property. At some point in the future the owner would be able to use this property as a professional office. In the matter of Ordinance 475-M Commission Member Richard Tegen moved to recommend approval of this ordinance; seconded by Sv Holzman The motion passed with all members voting "aye" In the matter of Ordinance 476-M Commission Member Roger Pierce moved to recommend approval of this ordinance• seconded by Richard Tegen The motion passed with all members voting "aye': In the matter of Ordinance 333-C Commission Member David Lange moved to recommend approval of this ordinance; seconded by Carolyn Mathieson The motion passed with all members voting "aye" • 7. ORDINANCE 334-C; MULTI-STORY, MULTI-USE SIGNS Barry Brown introduced this ordinance by saying that until now there was no need to address signage on multi-story buildings, but with several either completed or under construction, it has become a priority. This ordinance will allow one wall sign per building for multi-story buildings that have a common entrance, no matter how many individual businesses occupy the premises. Commission Member Maggie Miller moved to recommend approval of this ordinance; seconded by Sv Holzman. The motion passed with all members voting "ate DISCUSSION OF NON AGENDA ITEMS Rhonda Hunt, the principal of Lost Lake Elementary School, submitted a copy of a petition containing 269 signatures of citizens who are concerned with the traffic problems at the corner of Johns Lake Road and Highway 27. They are petitioning for a traffic signal to be placed at the intersection stating that it is not safe for students, parents and staff members of the Lost Lake Elementary School. CITY OF CLERMONT . MINUTES PLANNING AND ZONING COMMISSION March 2, 2004 Page -9- There being no further business the meeting was adjou Davi ~ man ATT ~' `s . ~//~ J C. McAllister Planning Technician II •