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02-04-2003 Regular Meeting• CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION February 4, 2003 The meeting of the Planning & Zoning Commission was called to order Tuesday, February 4, 2003, at 7:00 p.m. by Chairman Richard Tegen. Members present were, Maggie Miller, John Carlson, Dave Lange, and David Pape. Ronaldo Camargo, Sy Holzman and John Atwater 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 January 7, 2003 were approved as written. Chairman Richard Tegen asked if there were any reports from the Planning Director or members of the Commission. Planning Director Barry Brown reported that the meeting between the Clermont City Council and the Lake County Commissioners for joint planning was a success. They have formulated plans to create a hybrid Land Development Regulations Manual that would be used by both the City and the County in the. Joint Planning Agreement area. • Chairman Tegen said that he attended the joint planning meeting and that it exceeded his expectations. He said he believes that all parties involved will work diligently to develop a plan. Commissioner Maggie Miller noted that the lights on the McDonald's at Highway 50 and Hancock Road are extremely bright and that if the light covers were tilted it would correct the situation. Barry Brown assured Commissioner Miller that he would follow up on her observation. Since the two agenda items were related to the same property, Planning Director Barry Brown presented the two agenda items together prior to discussion. 1. REQUEST FOR SMALL SCALE COMPREHENSIVE PLAN AMENDMENT APPLICANT: Jerry and Stephanie Butler OWNER: John C. and Emily E. Thompson REQUEST: For a Small Scale Comprehensive Plan Amendment to change the Future Land Use District of the subject property from Non-Established District -6 (NED-6) to • Established Business District -1 (EBD-1) and to change the land use classification from Residential to Central Business District. LOCATION: 854 West Avenue. Northwest corner of West Ave. and Juniata St. CITY OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION February 4, 2003 Page - 2 - LEGAL DESCRIPTION: Clermont, East 100 ft. of Lots 4, 5, and 6, Block 97. EXISTING LAND USE: Residential. To the east and across West Ave. is the Garden Club; to the south is the South Lake Foundation property; and to the west and north is residential. FUTURE LAND USE DISTRICT: Non-Established District -6 (NED-6)/ Personal service is not an allowable use in this district. FUTURE LAND USE CLASSIFICATION: Residential. Personal service is not an allowable use in this classification. EXISTING ZONING: R-3, Residential/Professional District. Personal service is a conditional use in the R-3 zoning district. Planning Director Barry Brown introduced this request by saying that the applicant is proposing to convert the bottom floor of an existing residence into an office for an • electrolysis business. Electrolysis is considered a personal service according to our code. Personal services are not allowed in the NED-6 land use district or in the Residential land use classification. However, this use is allowed in the EBD-1 district (Central Business District) which is east and south of the subject property. The property has R-3 zoning which allows for personal services with a conditional use permit. This request is a logical extension of the Central Business District. Staff supports the proposed use and therefore the requested land use change. 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Jerry and Stephanie Butler OWNER: John C. and Emily E. Thompson REQUEST: To amend an existing Conditional Use Permit to allow for personal services in the R-3 zoning district. LOCATION: 854 West Ave. Northwest corner of West Ave. and Juniata St. EXISTING LAND USE: Residential. To the east and across West Ave. is the Garden • Club; to the south is the South Lake Foundation property; and to the west and north is residential. CITY OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION February 4, 2003 Page-3- FUTURE LAND USE DISTRICT: Non-Established District-6 (NED-6). Personal service is not an allowable use in this district. FUTURE LAND USE CLASSIFICATION: Residential. Personal service is not an allowable use in this classification. EXISTING ZONING: R-3, Residential/Professional District/ Personal service is a conditional use in the R-3 zoning district. Planning Director Barry Brown introduced this request by saying that the applicant, is proposing to convert the bottom floor of an existing residence into an office for an electrolysis business. Electrolysis is considered a personal service according to our code. A personal service is a conditional use in the R-3 zoning district. Richard Tegen suggested that since both items are about the same property they could be discussed together and than voted on separately. • Barry Brown explained that the electrolysis business would occupy the 500 square feet on the bottom floor and that the applicants intend to live above the business. Barry Brown advised those present that there is a driveway that comes off of West Avenue and continues down through the applicant's property to Juniata Street. He said the applicant proposes to remove most of that driveway to provide required parking for the business. That would leave access from West Avenue to the Washuta property to the north, and to the residential portion of the subject property, through a 25 foot easement. Jerry Butler, 1328 Bowman Street, Clermont, FL., was sworn in and said that the Washuta's also have access to Juniata Street through property that they own. Mr. Butler said he doesn't know why the easement on the north end of the subject property was granted in the first place, and that the Washuta's have not cooperated with him in his effort to use the subject property as requested. Joe Washuta, 966 W. Juniata Street, Clermont, FL and Susan Washuta, 830 West Avenue, Clermont, FL., were both sworn in. Mr. Washuta said there is indeed an easement and that his sister, who owns the property to the north of the subject property, is entitled to use that as access to her property. Mr. Washuta said there is a problem now with traffic and that the changes • suggested by Mr. Butler are going to make the situation worse. Paula Jolly, 963 W. Juniata Street, Clermont, FL was sworn in and said she does not want any more traffic in the neighborhood. She said it is a residential neighborhood and CITY OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION February 4, 2003 Page - 4 - should not be subjected to any more businesses. Linda Shillibeer, 966 W. Juniata Street, Clermont, FL was sworn in and said she doesn't want to see any more traffic in the neighborhood either. She said there are children who play in the area and more traffic will create a hazard to them. Charles and Charlene Forth, 939 W. Desoto St., Clermont, FL were both sworn in. Charles Forth gave a history of how the easement in question came to be and stated that it must be honored. He also said he does not want to see any more businesses come into this residential area and cited traffic problems as one of his reasons. Charlene Forth reiterated Charles Forths reasons for not wanting the Commission to grant this request. Sharon Martin, 1198 W Magnolia Street, Clermont, FL 34711 was sworn in and said that her clients, Mr. & Mrs. Butler, are not asking for a zoning change. The proposed • business is allowed in the R-3 zoning and the applicants did not ask to be rezoned to the CBD. What they are asking for is a Land Use Change. Ms. Martin added that the matter of the easement and driveway is a legal issue and should be settled between the parties. She asked that the Commission vote on the matter at hand and not the legal issues. Joe Washuta asked that the matter be postponed until the legal issues are resolved. City Attorney Robert Guthrie advised the Commission that private legal issues do not prevent them from voting on the issues before them. Richard Tegen asked Mr. Butler what amount of traffic the business would generate. Stephanie Butler, 1328 Bowman Street, Clermont, FL was sworn in and explained that electrolysis is a personal service and is a one on one private situation. She said her appointments are made so that clients don't meet each other coming and going. David Pape asked what the peak traffic might be. Stephanie Butler replied that a total of five (5) clients is a busy day. • Richard Tegen asked if there was anyone else in the audience who would like to address this request. There was no one. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION February 4, 2003 Page - 5 - There was further discussion about the best place to situate the driveways and where the parking might possibly be moved to. David Lange asked why Staff would allow an infringement into a Residential area. Barry Brown explained that professional office was an appropriate use along West Ave. John Carlson said the property should not change to Central Business District. David Pape stated that if it was a commercial business it would be one thing, but he pointed out that these people are going to live there too. Barry Brown said the reason for the land use change is that the land use that applies now does not allow for a personal service business although the zoning does. Richard Tegen said this is not a business that will generate a lot of traffic. • In the matter of the Small Scale Comprehensive Plan Amendment request; David Lange made a motion to deny the request. Maggie Miller seconded the motion. The vote was 3-2 for denying the request with David Pape and Richard Tegen casting the nay votes. In the matter of the Conditional Use Permit request there was no action taken since the Small Scale Comprehensive Plan request had been denied. There being no further business the meeting was adjourned. rd Tegen, CI}~rman ATTE$-~ /~~~~~' ~- - -~~ - ~ Ja .McAllister anning Technician II `: