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12-02-2003 Regular Meeting• CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION December 2, 2003 The meeting of the Planning & Zoning Commission was called to order Tuesday, December 2, 2003, at 7:00 p.m. by Chairman Richard Tegen. Members present were Maggie Miller, Sy Holzman, David Lange, Ronaldo Camargo and John Atwater. John Carlson, David Pape and Jim Douglas were absent. 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 November 4, 2003 were approved as written. REPORTS City Attorney Robert Guthrie announced that he is resigning effective the end of January 2004. • 1. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Barry Flood OWNER: Catherine Bloebaum REQUEST: To amend the existing CUP to allow the sale of golf carts. LOCATION: 1950 S. Highway 27. EXISTING LAND USE: Commercial -Dal Don Market FUTURE LAND USE DISTRICT: Undeveloped District (UD-2) FUTURE LAND USE CLASSIFICATION: Commercial. EXISTING ZONING: C-2, General Commercial. Planner Curt Henschel introduced this request by saying that the applicant requests an amendment to the existing CUP to allow for the operation of a golf cart sales office in the existing Dal-Don Citrus office. • Mr. Flood intends to have a display of approximately six golf carts in front of the existing office building. He will be occupying an office within the building for the sale of golf carts. • C1TY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION December 2, 2003 Page - 2 - The hours of operation will remain the same as the existing business (8:00 am to S:OOpm.) Mr. Henschel stated that Staff recommends approval of the request with particular attention to conditions 11 through 13 which are as follows: 11. The driveway shall be reconstructed according to the terms of the existing CUP. The existing driveway shall be reconstructed so as to have a north driveway of 40 feet and a south driveway of 60 feet in width. 12. A landscape buffer shall be constructed along the US 27 highway right-of-way, between the two driveways. 13. Signs will not be permitted to remain in the Department of Transportation right of way. Existing signs shall be relocated off of the highway right of way. • Richard Tegen asked if the applicant was present and would like to speak. Barry Flood, 4162 Newland Street, Clermont, FL 34711 was sworn in and stated that the property owners were interested in allowing him sell golf carts on their property. Mr. Flood said the carts will be electric not gas powered and therefore would not create a safety problem. He further stated that although there is another building on the premises where some of the golf carts would be stored, there would be no repairs done on the premises except for the occasional flat tire. Richard Tegen asked if there was anyone present who wished to speak about this request. There was no one. Richard Tegen asked what kind of signage there would be for the golf cart sales. Mr. Flood replied that the sign would be the same size as the sign that is on the wall now. Mr. Tegen mentioned that he would like to see the semi trailers removed from the property. Ronaldo Camargo asked if the signs along Highway 27 could be removed. • Barry Brown said that those signs have been there for many years and' are grandfathered in. He stated further that although opening a CUP presents an opportunity to force a business into compliance with today's sign code, the citrus stand is part of Florida's history, and he would not wish to do any harm to Dal-Don. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION December 2, 2003 Page - 3 - Mr. Brown said that the suggested use is appropriate for the location and that there needs to be a balance between bringing the old property up to code, and making it so costly that the business would not permit Mr. Flood to sell his golf carts there. There was discussion about the two signs that are now in the right-of-way, and the fact that they need to be removed from there and placed somewhere on the property. City Attorney Robert Guthrie suggested that the wording "even if non-conforming" be added to condition number 13 so the condition would read "Signs will not be permitted to remain in the D.O.T. right of way. Existing signs, even if non-conforming, shall be relocated off the highway right of way." Mr. Guthrie also suggested adding language that would limit the number of golf carts that could be displayed. • John Atwater suggested limiting the number of golf carts on display to six (6). Mr. Flood agreed that a display of six golf carts would be more than adequate. Section 2, Item 2 shall read as follows: A maximum of six (6) golf carts will be allowed for outdoor display. There was further discussion about where the signs being removed from the right of way should be located and it was decided to leave that up to the business owner. Commission Member Lange moved to approve the request as amended; seconded by Commission Member Holzman. The motion passed with all members present voting "aye„ 2. DRAFT OF ORDINANCE FOR THE REGULATION OF BED AND BREAKFAST ESTABLISHMENTS. Planning Director Barry Brown presented for discussion and comment by the Commission a proposed ordinance regulating Bed and Breakfast establishments in the City of Clermont. • Sy Holzman asked why they would be a permitted use in the C-1 and C-2 Commercial Districts. Mr. Holzman said Bed and Breakfasts are not a retail entity and should therefore be a conditional use in these districts. He stated further that perhaps a CUP should be required in all zoning districts for Bed and Breakfasts. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION December 2, 2003 Page - 4 - Maggie Miller suggested that number 10 sentence 2 should be a separate item and be reworded as follows: 13. No city approval shall be issued for a Bed and Breakfast Inn that is not in compliance with this section and has not obtained the necessary state licenses. Richard Tegen asked who would enforce item #4 which states that each guest room or unit shall be rented on a daily basis. The maximum stay for an individual guest shall not exceed thirty (30) days in a twelve month period. Barry Brown replied that the City would respond to a complaint regarding the issue if it was brought to their attention, but that there is not enough personnel to actively enforce this issue. Ronaldo Camargo asked for clarification on the issue of the owner having to reside on the premises of a Bed and Breakfast as cited in item number 3. • Barry Brown said that the owner would not necessarily have to reside in the Bed and Breakfast, but would have to reside on the same plot of land even if it is in an accessory structure. The reason for this is so that the owner can maintain control over what happens on the premises, and therefore avoid any detrimental behavior which might disturb adjacent property owners. There was some discussion as to the differences between a Bed and Breakfast and a Boarding House. It was suggested that both entities be discussed at the same time in an effort to clarify any misunderstandings. DISCUSSION OF NON-AGENDA ITEMS Sy Holzman asked Barry Brown when the Sign Ordinance would become effective. Mr. Brown replied that he hopes to have the Sign Ordinance back before this commission in February. Mr. Holzman asked City Attorney Robert Guthrie if he has had an opportunity to look over the suggestions he made for penalizing citizens who go ahead and do whatever they wish and then come before the Planning & Zoning Commission after the fact and ask for forgiveness rather than having asked for permission. • Mr. Guthrie said he would look over the suggested change to the Code of Ordinances and possibly make suggestions as to the proper language. There was additional discussion of non-agenda items. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION December 2, 2003 Page -5- There being no further business the meeting was adjourned. ichard Tee , Chai an ATTEST: z~ ~ ~~~ J C. McAllister Planning Technician 11 n U