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08-05-2003 Regular Meeting• CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 5, 2003 The meeting of the Planning & Zoning Commission was called to order Tuesday, August 5, 2003, at 7:00 p.m. by Chairman Richard Tegen. Members present were David Pape, Maggie Miller, John Carlson, Sy Holzman, Jim Douglas, and John Atwater. David Lange and Ronaldo Camargo 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 July 1, 2003 were approved as written. REPORTS Planning Director Barry Brown announced that it might be necessary to hold a second Planning & Zoning meeting in the month of August. He asked the Commissioners what dates would be best for them. August 19th and August 25th were suggested. The Commissioners asked if the September agenda could be incorporated into this extra • meeting as three of the Commissioners will not be able to attend the September meeting. No date was definitely set. Mr. Brown said he would notify the Commissioners when he established the date. Richard Tegen announced he would be excluding himself from voting on the Crisante Conditional Use Permit as he has ownership in a property that abuts the Crisante property. Maggie Miller reported that McDonald has adjusted their outdoor lighting so that it no longer emits a glare. She thanked Barry Brown for his efforts in this matter. David Pape commented that the boat ramp on Lake Minneola needs some kind of staging dock built next to it because when a storm approaches, and all the boaters are trying to leave the lake, there is a terrible jam at the boat ramp. 1. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Michael Crisante OWNER: Michael Crisante • REQUEST: For a Conditional Use Permit to allow for an automotive repair/retail commercial development. LOCATION: Southwest corner of the intersection of Highway 27 and Hartwood Marsh Road. (South of Walgreens). • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 5, 2003 Page-2- EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District 7 (UD-7). FUTURE LAND USE CLASSIFICATION: Commercial. EXISTING ZONING: C-2 General Commercial Planning Director Barry Brown introduced this request by saying that the applicant requests a CUP for an automotive repair/retail commercial development in C-2 General Commercial zoning on a 1.85 +/- acre parcel. The site is vacant. The City annexed the parcel in December 2000. The parcel was then rezoned C-2 and was divided into a two parcel commercial subdivision. At the time of annexation, a developers agreement was created to include a 6 foot buffer wall along the western side of the properties. This buffer is to protect the residential subdivision to the west. There is a mixture of commercial uses in the vicinity of the subject property. The subject property is surrounded on two (2) sides by the municipal limits of the City of Clermont. There is an existing retail pharmacy to the north (Walgreens). Annexations and subsequent development have intensified the character of the area. The area is appropriate for this type of development. Barry Brown wanted to highlight Section 2, Item 2 and wished to add that the wall will be extended easterly along the southern boundary to the retail building, and that there will beaten (10) foot landscape buffer along the outside perimeter of the wall. He also requested that the landscape buffer between Walgreens and the Crisante property be enhanced. In addition, Mr. Brown added a Section 5, Architectural Design Standards as follows: Architectural plans for all buildings must be approved by the Site Review Committee prior to construction plan approval. Mr. Brown mentioned that there would be two variances associated with this conditional use permit. The first will be to allow eighteen (18) foot long parking spaces along U.S. Highway 27 rather than the 20 feet per code, so that the driveway will match up with - Walgreens already in place. The second variance request will be to allow the applicant to provide fifty-nine (59) parking spaces rather than the seventy-one (71) required by • code; in effect, allowing each bay to count as a parking space. Thomas Skelton, American Civil Engineering Company, 207 N. Moss Road, Suite 211, Winter Springs, FL 32708 was sworn in and said that the applicant has no objection to • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 5, 2003 Page - 3 - building the wall across the rear of the property, but does not wish to extend the wall as proposed by Planning Director Barry Brown. He suggested using landscaping instead of a wall in certain places. Michael Crisante, 1216 W. Washington Street, Orlando, FL 32805 was sworn in and said the building will be block with a stucco finish. He said it would be an attractive building that will provide a service to the area. Mr. Crisante said he has no problem with providing additional landscaping. He stated that there will be no cars left outside overnight. Mr. Crisante offered to answer questions. Chairman Richard Tegen asked if there was anyone present who wished to address this issue. Frankie Register, Manager of Vacation Village, 10301 U.S. Highway 27, Clermont, FL • 34711 was sworn in and said that she was representing the residents of Vacation Village which is on the south side of the property in question, and that they wanted to know what kind of barrier would be between them and the proposed automotive repair facility. She also wanted to know the business hours and whether there would be any painting of automobiles. Barry Brown showed those present where he was going to request that the wall be extended to, and added that from the end of the wall to the front property line there would be a landscape buffer. Mr. Skelton said that the applicant was in agreement about extending the wall. Michael Crisante said the hours for this business typically are from 7:30 a.m. to 6:30 p.m., and that there would be no paint or bodywork at all. Barry Brown asked who would be the users of the property. Mr. Crisante said that Tuffy would be the automotive repair building and that he was not sure as yet who would occupy the retail building. Richard Tegen asked that there be a condition added to the Conditional Use Permit that there would be no overnight parking. • Mr. Crisante stated that someone might leave a vehicle out once in a while, but that for security purposes all vehicles that are left overnight for repair are locked in the bays. • C1TY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 5, 2003 Page-4- Mr. Tegen passed the gavel to Vice Chairman John Atwater to chair the meeting until this matter was resolved. Sy Holzman asked if there would be any cars for sale at the property. Barry Brown said the property would not be approved for car sales. Sy Holzman asked if there could be a condition added to the CUP that specifically does not allow car sales. John Carlson expressed concern that there is only twenty-four (24) feet between the parking spaces and the entrance into the bays. He thought that was too tight. Barry Brown stated that he was concerned about that as well. Tom Skelton said that twenty-four feet was the standard for that type of situation. i John Carlson then asked what would be done for noise abatement as far as the drills and air rachets. Michael Crisante said that the new tools have been improved and don't make as much noise as they used to. He also said that in reference to the 24 foot drive aisle the cars are pulled into the bays by employees not customers. Maggie Miller asked if it would be possible to reconfigure the building so the entrance would be in the front. Michael Crisante replied that he had discussed the orientation of the building with staff and this plan was acceptable. Providence LaMantia, 3724 Eversholt St., Clermont, FL 34711 asked what would happen if the applicant didn't adhere to the Conditional Use Permit. Barry Brown explained that the Code Enforcement Officer would then initiate a case against the owner of the property. Sy Holzman made a motion to approve the request with the added changes to the conditions. Jim Douglas seconded the motion. The vote was 3-3 with Members Miller, • Holzman and Douglas voting for approval and Members Pape, Carlson and Atwater voting nay. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 5, 2003 Page-5- 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Jerry Gore REQUEST: For a Conditional Use Permit to allow for a dog boarding facility. OWNERS: John L. Rocker LOCATION: 675 E. Highway 50 SIZE OF PARCEL:.24 +/- acres. EXISTING LAND USE: Vacant Structure FUTURE LAND USE DISTRICT: Established Business District -2 (EBD-2). FUTURE LAND USE CLASSIFICATION: Commercial EXISTING ZONING: C-2, General Commercial Director of Planning Barry Brown introduced this request by saying that the applicant is requesting a CUP for a dog boarding business. The parcel currently has a 1,080 square foot building that will be used for the proposed dog boarding business. The applicant requests a total of 30 dogs maximum to be housed during business hours, and a total of 15 dogs to be housed on an overnight basis. The applicant also proposes to have an outdoor exercise area, dogs will be supervised/leashed at all times while in the area. Parcels surrounding the property are zoned in C-2 and are currently being used as commercial businesses with the exception of the parcel to the south, which is currently being used as asingle-family residence. The property has the proper land use and zoning designations and is in an appropriate location. Chairman Tegen asked if the applicant was present. Melanie Gore, 10925 Lakeshore Dr. Clermont, FL was sworn in and said she would • answer questions. John Atwater asked if when the dogs are outside would they be leashed. Melanie Gore said that they would not be leashed when inside the pen. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 5, 2003 Page-6- It was suggested that Section 2 Item 2 be changed to read as follows: Any activity outdoors dealing with the dogs shall require supervision and the dog shall be leashed at all times when not in the building or the fenced enclosure. Richard Tegen asked if there was anyone who wished to speak in regard to this request. Joan Tegen, 2292 Twickingham Ct., Clermont, FL was sworn in and expressed concern about the outside fenced in area because the dogs will bark and disturb neighboring businesses. David Kemp, 21059 CR 455, Clermont, FL was sworn in and said he is the owner of 669 E Highway 50 which is next door from the proposed kennel. Mr. Kemp strongly • objects to having a dog boarding facility next to his business because of the noise and the odor and insects it will attract. Christina Travis, 21059 CR 455, Clermont, FL was sworn in and said that she loves animals but does not think the site is appropriate or could be properly equipped to handle so many dogs. Sy Holzman asked if the applicant would be grooming dogs as well as boarding them and if there would be someone on site 24 hours a day. Ms. Gore said there would be grooming and that there would be no one on site overnight. Sy Holzman stated that the industry has regulations that can not be addressed at this site. Sv Holzman made a motion to deny the request. Ma4gie Miller seconded the motion. The vote was unanimous for denial of the request. 3. REQUEST FOR A CONDITIONAL USE PERMIT • APPLICANT: Anthony M. Bertalan OWNER: Jack Gaddy • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 5, 2003 Page-7- REQUEST: To allow the operation of a cafe and coffee shop in the Central Business District. LOCATION: 737 W. Montrose St. EXISTING LAND USE: Commercial Building. All surrounding property is in commercial use. FUTURE LAND USE DISTRICT: Established Business District -1 (EBD-1) EXISTING ZONING: CBD, Central Business District. A restaurant requires a CUP in the CBD zoning district. Barry Brown introduced this request by stating that the applicant is proposing to operate a cafe and coffee shop downtown in the former Florida Power location. Per code there are no additional requirements for parking. If parking proves inadequate, property to the rear of the building may need to be converted to parking. The proposed use is consistent with the criteria of the land use and zoning designations. Richard Tegen asked if the applicant was present. Diane Bertalan and Anthony Bertalan, 15751 Switch Cane St. Clermont, FL were sworn in. Diane Bertalan stated that there would be no cooking on the premises that they would be serving sandwiches, salads, ice cream and desserts. Anthony Bertalan asked if they could have any outdoor seating on Montrose Street and was told they could not. Sy Holzman asked what the store hours would be. Diane Bertalan said they would be_ open from 7:00 a.m. to 5:00 p.m. or possibly 7:00 p.m. Maggie Miller asked how there could be no cooking. Diane Bertalan said that everything would be brought in from someplace else. • David Pape made a motion to approve the request. John Atwater seconded the motion. The vote was unanimous in favor of the request. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 5, 2003 Page-8- 4. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Alex Butchkosky OWNER: Alan J. Pool LOCATION: 801 W. Montrose Street EXISTING LAND USE: Restaurant. All surrounding property is in commercial use. FUTURE LAND USE DISTRICT: Established Business District -1 (EBD-1). EXISTING ZONING: CBD, Central Business District. A restaurant requires a CUP in the CBD zoning district. Planning Director Barry Brown introduced this request by stating that the applicant has • expanded the On The Corner Seafood restaurant by constructing a Chickee Hut. The expansion is to accommodate smoking customers. The Chickee Hut has already been constructed and an additional deck area added. It was constructed without obtaining the proper approvals from the City or County. Any expansion of a restaurant use in the Central Business District requires a conditional use permit. Conditional use permit approval and a zoning clearance should have been obtained prior to construction. In addition, a building permit should have been obtained from the County prior to construction. Florida Statutes exempt the Seminole Indians from meeting the building code for the construction of Chickees, however, this does not relieve them from obtaining zoning approvals and building permits. The additional patron use area creates the need for seven additional parking spaces for a total requirement of 36 spaces for the restaurant, Chickee hut, additional deck area, and the apartments. While only 19 spaces are provided, the site is parked per code because the property was grandfathered for parking at the old rate in place prior to the downtown parking code revisions of May 1998. However, even though the site is parked per code, the Council could determine that the site and surrounding public parking would not support the restaurant expansion and deny the request on this basis. - Staff thinks the outdoor restaurant seating is an appropriate addition to downtown, • however, staff questions whether the Tiki Hut look is appropriate with the established downtown design theme. The parking lot, stormwater retention, dumpster and landscaping all need to be constructed per the conceptual plan that was submitted. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 5, 2003 Page-9- The current use and proposed expansion is consistent with the criteria of the land use and zoning designations, therefore, staff recommends approval of the restaurant expansion. Barry Brown went on to call particular attention to Section 2, item #1 stating that there is a drainage problem and that the proposed swale should correct the situation. Jimmy D. Crawford, of Gray, Harris and Robinson, 1635 E Highway 50, Clermont, FL. is representing the applicant and the owner of the property. He presented a card from the builder of the Chickee that says "Exempt From Building Permit" and a petition signed by approximately 195 people who approve of the Chickee being where it is. Mr. Crawford indicated that the applicant wants to cooperate and do whatever is • necessary to adhere to city code. Richard Tegen asked if there was anyone else present who wished to address this request. There was no one. Richard Tegen asked if the restaurant was operating under a CUP and was told by Barry Brown that it was not. Sy Holzman asked if the applicants fire insurance company was aware of the presence of the Chickee, and if they had any objections. Jimmy Crawford said that the insurance company was aware of the Chickee, and that the Chickee had been treated with a fire retardant. Maggie Miller said she went to the Chickee and had a conversation with Mr. Butchkosky. She said it was her understanding that the Chickee is exempt from building code as long as there is no electricity or plumbing, but that she understands the applicant is planning to add fans and bathrooms to the Chickee. 4ibhlTiNlr• Maggie Miller also said that she thought the structure itself was well built, but that the - fence along Montrose Street is in horrible condition and should be replaced with a fence made of the same material as the wood in the Chickee. • David Pape said the Chickee has already been constructed and that we are not going to make them take it down. He said however, that the entire site should come up to code. Richard Tegen stated that the Chickee should not have been erected without approval. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 5, 2003 Page - 10 - John Atwater asked if the Chickee was completed before the City knew of its existence. Barry Brown said that the framework had been done but that the thatch had not. He said the thatch was there but hadn't been attached. The applicant asked the City if the thatch could be put on since if it was not done while it was green, it would go bad and be wasted. He said the City told the applicant to go ahead and have the thatch put on, but that was not giving permission for the Chickee. Jim Douglas made the observation that although the crowd at First Friday seemed to be very thin, On The Corner was crowded. There was further discussion about the fact that the applicant had the Chickee built without having asked permission, and what should be done as far as correcting the situation. . Section 2, item #4 will state that the fence along Montrose Street shall be rebuilt with the same lumber as the Chickee. John Carlson made a motion to approve the request with the change to the fence. David Pape seconded the motion. The vofe was 5-2 against approval with John Atwater, Sv Holzman Mag,Qie Miller. Richard Tegen and Jim Doucrlas voting nay. There being no further business the meeting was adjourned. Richard Tegen, Chairman ATTEST: Jane C. McAllister -Planning Technician II WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS IDDLE NAME AST NAME-FIRST NAME~ NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE j MAILING ADDRESS-- ~~~~~ ~°/L ~f~i~~9~~~~'~ ~~~~~ ~ THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICHISERVEISAUNITOF: COUNTY Tt~CITY ^ COUNTY ^ OTHER LOCAL AGENCY CIT ~L ~ `~`.~~ ~! v 9 ~ n~ ~, ~! NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURFjFD ? /~7/(f ~~ (f~ jj' ~ ~ ~ ~ ~-~ ~J MY POSITION IS: ^ ELECTIVE ,)APPOINTIVE INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST _ < < ~-~/7 ~ .~ ~ ~ ~r ~ w ,hereby disclose that on _ /'-~L~ G L'S % _S~ , 20 ti z _: (a) A/measure came or will come before my agency which (check one) Y inured to my special private gain or loss; inured to the special gain or loss of my business associate, _, inured to the special gain or loss of my relative, , inured to the special gain or loss of , by whom I am retained; or _ inured to the special gain or loss of ~, which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: '1 L' / ~ ~_~ __ Date Filed ~ ~ ~ - `~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2