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03-07-2000 Regular Meeting• CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 7, 2000 The meeting of the Planning & Zoning Commission was called to order Tuesday, March 7, 2000 at 7:00 P.M. by Chairwoman Elaine Renick. Members present were Charles Forth, Bill Rauch, Richard Tegen, Garrett Paquette, and John Atwater Frank Caputo. Members Wanda Andrews and Misty O'Bar were absent. Also in attendance were Barry Brown, Director of Planning, Mimi Ogden, Planner I, and Jane McAllister Planning Technician 2. MINUTES of the Planning and Zoning Commission meeting held February 1, 2000 were approved as presented. Chairwoman Elaine Renick announced that the City Council requested that the Kings Ridge CUP, on the agenda for this meeting, be delayed until the April 4"' meeting. Also postponed until the April 4~' meeting is the Lost Lake Reserve CUP. The South Lake Hospital CUP was withdrawn when it was discovered that they still have an additional six months until the original CUP expires. A motion was made by Richard Tegen to postpone fhe Kings Ridge CUP until April 4. 2000. The motion was seconded by Frank Caputo and approved by a unanimous vote. A motion was made by Frank Caputo to postpone the Lost Lake Reserve CUP until ~ri14, 2000. The motion was seconded by Bill Rauch and approved by a unanimous vote. 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: John A. Wert OWNER: John A. Wert REQUEST: For a Conditional Use Permit to operate a landscape materials business. GENERAL LOCATION: The property is located on the west side of U.S. 27, north of Montrose St. and Ambassador Cleaners. SIZE OF PARCEL: 1.4 acres EXISTING LAND USE: The subject parcel is currently used as a landscape materials business. Property to the north is vacant, to the west residential and to the south is Ambassador Cleaners. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 7, 2000 Page - 2 - FUTURE LAND USE DISTRICT: The subject property is in the Established Business District-2 (EBD-2) land use district and the requested use is allowable. FUTURE LAND USE CLASSIFICATION: The subject property is classified as Commercial land use. The requested use is allowed in the Commercial land use classification. EXISTING ZONING: C-2 General Commercial. Planning Director Barry Brown gave a summary of the CUP stating that a previous CUP had been granted in August of 1998 but that it had expired in September 1999. This is a reapplication. Mr. Brown stated that the new CUP does not include the R-3 area that was included in the previous CUP request. The proposed project is a landscape materials business providing trees, shrubs, bark, stone and other materials utilized in landscaping. The business will also have a combination office and storage building. The proposed use is consistent with the land use designations and the zoning district. It is also consistent with development in the area and therefore staff recommends approval with the conditions as outlined in the Commissions packet. Chairman Renick asked if the applicant was present and would like to be swom in to add anything further, or if there was anyone else who would like to be swom into speak about this issue. Hosea Wootsen, 505 E. Montrose Street, and Howard Bany, 459 Carroll St. were sworn in. Mr. Wootsen's family owns property next to Mr. Werts property and he expressed concern that there is no access to the property owned by the Wootsen family from U.S. 27 or from Pitt Street. He is asking for access through Mr. Werts property. Director Barry Brown explained that the Wootsen family property in that area has no direct access from U.S. 27. It is significantly below the U. S. 27 road grade, and the elevation of Mr. Wert's property. The only viable access would probably be from other Wootsen family owned property on Minneola Ave. Mr. Wootsen replied that the steep grade is the result of D.O.T. making U.S. 27 a four lane highway. He stated that entering the property through other Wootsen property would decrease the value of those properties. Mr. Wootsen is concerned with making the Wootsen property saleable. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 7, 2000 Page 3 City Attorney Guthrie stated that there may have been financial arrangements made by D.O.T. with the family at the time of the widening of U.S. 27, but that is a different matter and needed to be researched. Mr. Guthrie suggested that the Commission proceed with the matter at hand, the Wert CUP. Elaine Renick asked Mr. Wert to be sworn in so she could ask him a question. Sworn in was John Wert, 2127 Citron Court, Clermont, FL 34711. Elaine Renick asked Mr. Wert if he was aware of the problem with the Wootsen family property. His reply was yes, and that he had offered Mr. Wootsen three or four thousand dollars and would use the property in question for water runoff, but Mr. Wootsen refused the offer because he wanted to sell additional lots that Mr. Wert was not interested in. Commissioner Forth suggested that the property adjacent to the Wootsen property could possibly be re-platted in the future as a solution to the problem. There was further discussion relating to how high landscape materials would be piled and what kind of trucks would be entering and exiting the property. Sean Jones, 14735 Yellow Pine Lane, Clermont, FL. was sworn in to answer questions since he will be running the landscape business. He assured the Commission that as far as he knows there will be only straight trucks delivering to the site. Commissioner Forth expressed concern that the structures that contain the landscape materials should be of masonry material and be no higher than 6 feet in height. A motion was made by Commissioner Charles Forth to approve the Conditional Use Permit with the additional condition that the right in right out from U.S. Highway 27 be complete within 1 year or fhe CUP will be void. Also, the containment devices be no higher Phan 6' and be of masonry construction or as approved by the site review committee, and store, eg of any landscape material can not exceed the height of the containment device, and section 5, condition 1 contain the wording that the landscaping be maintained. The motion was seconded by Bill Rauch. The motion was approved by a vote of six to one, with Renick voting NaLr. 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Jeffrey P. Rhoden OWNER: Donald L. Markey • C1TY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION February 1, 2000 Page 4 REQUEST: For a Conditional Use Permit for professional office use in a R-3-A zoning district. GENERAL LOCATION: The property is located on East Avenue at the northeast corner of East Avenue and Highland Street. It is between the American Casualty Insurance agency and Nay Nay's Playhouse. EXISTING LAND USE: The subject property is residential. Property to the north, east, south, and west is professional office. FUTURE LAND USE DISTRICT: The subject property is in the Established Residential District (ERD-8) land use district and the requested use is an allowable use. FUTURE LAND USE CLASSIFICATION: The subject property is classified as Residential/Professional. The requested use is allowed in the Residential/Professional land use classification. EXISTING ZONING: R-3-A Residential/Professional District. Professional office is a conditional use in the R-3-A zoning district. Planning Director Barry Brown stated that the proposed uses are consistent with the land use designations and other uses in the area. Planning Director Brown explained that the required parking spaces have been met by allowing parking in the backyard, requiring a driveway through the property to the south which is also owned by Mr. Markey. Applicant Jeff Rhoden, 420 E Minnehaha Ave, Clermont was swom in. Mr. Rhoden stated he is in the land surveying business. The employees will be parking in the rear and customers will be parking in the front parking spaces. Commissioner Caputo expressed concern with the runoff of rainwater. Barry Brown informed him that the parking area will be mulch, therefore there won't be much runoff. Nancy Fullerton, Montrose St. was swom in. She asked if the property owner also owned the lots through which the driveway will pass. The answer is yes. Mr. Guthrie suggested a perpetual easement be written so that the driveway will always be able to serve the parking area in the rear of the building. A motion was made by Richard TeQen fo approve the application with the condition that a perpetual easement be wrrtfen for lofs 10. 11, and 12. The motion was seconded by i • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March T, 2000 Page 5 John Atwater and approved by a unanimous vote. Chairwoman Elaine Renick introduced the issue of the E.A.R. report in reference to the City of Clermont 1991 Comprehensive Plan. Planning Director Barry Brown explained the E.A.R. and the necessity of having the approval of the Planning and Zoning Board of the E.A.R. report response so that it can be sent back to D.C.A. and the City can move forward and amend its Comprehensive Plan as necessary. After a lengthy discussion it was decided that the best course of action was to postpone a resolution and send it to the Council the second meeting of the month to give the Commissioners additional time to review the full E.A.R. report response. Prior to the vote Charles Forth requested to make a statement for the record and that is in the short amount of time that he did review the document he did want to state for the record that his vote will only reflect that there are still elements within this plan that are not answered within the document. Specifically the well fields that have not been identified by the city. It was required by D.C.A. My statement is that it's something that will come up in our meeting on Thursday but that by adopting or recommending for adoption there are still certain things with in the EAR report that still guides the city and how it will take it's future plans that must be recognized or this report basically is null and void. A mofion was made by Elaine Renick That the Planning & Zoning Commission pass a resolution approving the E.A.R. report response to D.C.A. but only if if is delayed two weeks in going to the City Council so that people will have a chance to review it and formulate any questions that they might have. The mofion was seconded by Richard Tegen and approved unanimously. There being no further business, the meeting was adjourned. .~?~ > ~, Elaine Renick, Chai an ATTEST: J~(ne C. McAllis~Yer -Planning Technician II ~~-