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10-05-1999 Regular Meeting• • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 5,1999 The meeting of the Planning & Zoning Commission was called to order Tuesday, October 5, 1999 at 7:00 P.M. by Vice Chairwoman Elaine Renick. Members present were Joseph Janusiak, Charles Forth, Bill Rauch, Misty O'Bar and Michael Floyd. Members Wanda Andrews and Robert Smythe were absent. Also in attendance were Barry Brown, Director of Planning, Robert Guthrie, City Attorney and Mimi Ogden, Planning and Zoning Specialist. MINUTES of the Planning and Zoning Commission meeting held September 7, 1999 were approved as presented. 1. REQUEST FOR REZONING APPLICANT: Brossier Company OWNER: South Lake Center, Inc. REQUEST: Rezone 3.52 acres from R-3 Residential to C-2 Commercial. LOCATION: The subject property is located on the south side of S.R. 50, South of the Kash `n Karry and the proposed theater and West of Hills and Lakes Realty (Tony Hubbard's building). SIZE OF PARCEL: 3.52 acres EXISTING ZONING: R-3 Residential/Professional District. Property to the North is zoned C-2 Commercial and properties to the South, East, and West have County zoning. EXISTING LAND USE: Vacant. Property to the North is being developed as a shopping center including the new Kash `n Karry, to the South is vacant, East is residential and commercial and West is commercial (Foshee Construction Co.). FUTURE LAND USE: Commercial land use classification in the UD-2 land use district. Property to the North is classified Commercial land use and property to the South, East, and West have a Lake County land use designation of Urban. Planning Director Brown explained that the applicant is requesting the rezoning in order to bring the zoning in line with the existing Commercial land use classification of the property. In January of this year, the City granted a small scale comprehensive plan amendment to change the land use of this property from Residential/Professional to Commercial land use. This was done to allow the construction of a restaurant and bank or other limited uses as specified in a developer's agreement executed in conjunction with the small scale amendment, a copy of which is enclosed in the Commissions • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 5,1999 Page - 2 - packet. The subject property is 3.52 acres of a larger 9+/- acre parcel. The entire 9 acre parcel is currently going through the Commercial subdivision review process with the Site Review Committee. During this process Staff will ensure that right-of-way, stormwater, and internal circulation issues are addressed. Also, the developer's agreement specifies that the Commercial portion of the property must integrate, in terms of traffic circulation, with the remainder of the property. The request for a land use change is in accordance with the future land use of the property and with criteria listed in the UD-2 district language. Given the existing land use and the direction provided by the Developer's agreement, staff recommends approval. At the time Vice Chairman Renick asked all those present who wished to speak in regard to this case to be sworn in. Persons sworn in were Bob Reese of 952 Moss Lane, Winter Park, Florida. Mr. Reese explained that the developers agreement gives the City the opportunity to review the signage and landscaping, in an effort to keep this project consistent with the cinema across the street (i.e. low ground mount signs). After a brief discussion, a motion was made by Bill Rauch to recommend approval of this rezoning to the City Council. The motion was seconded by Joseph Janusiak and improved by a unanimous vote. 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Mohammad A Mollah OWNER: William McKnight REQUEST: To amend an existing Conditional Use Permit to increase the square footage dedicated to convenience store usage in an existing gas station/convenience store. LOCATION: The subject property is located on the southeast corner of S.R. 50 and Tenth St. EXISTING ZONING: C-2 Commercial. Zoning to the North, East and South is C-2 Commercial, and R-2 Residential to the Southwest. EXISTING LAND USE: Gas Station/Convenience Store. Property to the North is vacant, to the East is City Hall, to the South is storage units, and to the West is West Market. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 5,1999 Page - 3 - FUTURE LAND USE: Commercial land use in the NED-3 land use district. Property to the North, South, East and West is classified Commercial land use and property to the Southwest is Residential. Planning Director Brown explained that the applicant is expanding the area dedicated to convenience store use and removing the auto repair facilities. Two garage bays that were used for auto repair are being converted into retail space. The requested use is in accordance with the City's Future Land Use Map and with criteria established for the NED-3 land use district. The use is appropriate for this location and the applicant will be able to meet parking requirements. Given the existing use of the site and compliance with the Future Land Use Map, staff recommends approval with the conditions as outlined in the Commissions packet. After a brief discussion, a motion was made by Charles Forth to recommend approval of this request as recommended by Staff. The motion was seconded by Joseph Janusiak and approved by a unanimous vote. 3. HISTORICAL PRESERVATION ORDINANCE City Attorney Guthrie explained that some local governments have secured the services of a Historic Preservation expert to do an inventory of the historic sites within a City. Mr. Guthrie explained that the proposed ordinance does require an extra step for the owner of a building that has been designated as a historic site or is within an area designated as a historic district, as Section V(B) does require that any proposed alteration to a historic structure or site to be reviewed by the committee. Regarding Section III, Mr. Guthrie suggested that the terms of office be changed so the members terms will be staggered. Member Misty O'Bar asked, for clarification, if this ordinance would dictate what a person could and could not do with their property. City Attorney Guthrie stated that the Historic Preservation ordinance may limit what someone can do with their property if it is a designated historic site or area. Sometimes the owners of these properties can get frustrated, at times there is only a limited supply of the products necessary to make these improvements, or a product that meets the historical criteria may be more expensive. Member Misty O'Bar asked how someone would know, before purchasing a property, that it was a designated historical building. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 5,1999 Page-4- City Attorney Guthrie explained that there is a provision in the proposed Historic Preservation Ordinance that if a structure is a designated historical structure, it will be recorded as such in the public records. Vice Chairwoman Renick stated that Section III of the proposed ordinance states that if available, the members of the committee may be an architect, a historian, a real estate broker and a contractor. Vice Chairwoman Renick questioned if the section that states "no person shall serve more than 2 consecutive terms" should be omitted as it may be difficult to find members that that are qualified or are willing to serve on the board. City Attorney Guthrie agreed. Mr. Guthrie suggested that Section VII -Review and Adoption Procedures be amended to also require a plan for a Historic District to come before the Planning and Zoning Commission after it has gone before the Historic Preservation Committee and before it goes before the City Council. A motion was made by Charles Forth to find the Historic Preservation Ordinance in compliance with the City's Comprehensive Plan. The motion was seconded by Bil! Rauch and approved by a unanimous vote. A motion was made by Member Charles Forth to recommend approval of the proposed Historic Preservation Ordinance to the Cify Council with the following changes: Section 111 -Terms of Office - be changed to state "No person shall serve more than two (2) consecutive terms on the Committee. Subject to applicant pool, the 4 specialized members (i.e. architect, historian, real estate broker and contractors may serve more than two (2) consecutive terms." Section Vll -Procedures - be amended to state that after the Alan has been reviewed by the Historic Preservation Committee, it will then be reviewed by the Planning Zoning Commission. Section IX -Penalties for Violation - be changed to state that the adopted Code Enforcement procedures will be followed for any penalties and violations. The motion was seconded by Bill Rauch and approved by a unanimous vote. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 5,1999 Page-S- There being no further business the meeting was adjourned at 8:08 p.m. • tiLl_ ~ Elaine Renick, Vic -Chairman ATTEST: Mi'~ni Ogden, Manning and Zoning Secretary