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04-02-1996 Regular Meeting• • CITY OF CZF,RMONT MINUTES PLANNING AND ZONING COMMISSION APRIL 2, 1996 The meeting of the Planning & Zoning Commission was called to order Tuesday, April 2, 1996 at 7:00 P.M. by Chairman Robert Smythe. Members present were Marilyn MacLauchlin, Keith Mullins, Joseph Janusiak, James Brown, Joseph Wiebush, Wendell McDannel and Bill Rauch. Member Darryl Bishop was absent. Also attending were Lanny Harker, Director of Planning and Mimi Shaw Ogden, Planning Technician. MINUTES of the Planning and Zoning Commission meeting held March 5, 1996 were approved as presented. 1. REQUEST FOR REZONING APPLICANT: Claude E. Smoak, Jr. OWNER: Highlands Growth Properties, Inc. GENERAL LOCATION: Parcel located on east State Road 50 (containing approximately 52.48 +/- acres). LEGAL DESCRIPTION: Tracts 20 and 21 lying south of hwy., and Tract 28 of Lake Highlands Company and the west 1/2 of the NE 1/4 of the SW 1/4 of the NE 1/4 and the south 1/2 of the SW 1/4 of the NE 1/4, all lying in Section 29, Township 22 and Range 26. REQUEST: A request for rezoning from UE Urban Estate Residential District to C-2 General Commercial Business District. Mr. Harker noted that the subject site, containing 52.48 +\- acres, is located directly east of the South Lake Ford Automobile Dealership. In accordance with current City regulation, all properties annexed into the City of Clermont automatically receive designation as Urban Estate District (UE) upon formal approval for annexation by the City Council. The owner of this site is requesting rezoning to C-2, General Commercial Business District, for the property described above. The property has for the past several years been utilized as a mining operation via a Conditional Use Permit approved by Lake County. The proposed use would provide commercial development as the intended goal, however, the existing mining operation would continue during the interim. The City Comprehensive Plan and zoning of adjacent property indicates expansion for the designated commercial node around the SR 50/LJS 27 intersection. The Lake County Comprehensive Plan indicates the area to develop in an urban land use pattern. Therefore, rezoning to C-2, General Commercial Business District, would be in conformance with approved directives for future growth and development. • • Cl7Y OF CIF.RMONT MINUTES PLANNING AND ZONING COMMISSION APRIL 2, 1996 Page - 2 - Mr. Harker stated that based upon consistency with the approved Comprehensive Plans of the City and County, Staff recommends approval of the rezoning from UE (Urban Estate District) to C-2 (General Commercial Business District) subject to formal action of the City Council for the requested annexation. At this time Chairman Smythe asked all those present who wished to speak in regard to this case be sworn in. There was no one present who wished to be sworn in. Member Bill Rauch asked how long the mining operation would continue. Planning Director Harker stated that there is no set date, however, the applicant has expressed a desire to proceed with a commercial project as quickly as possible. Further discussion followed regarding future traffic patterns on State Road 50. A motion was made by Marilyn MacLauchlin to recommend approval of the rezoning from UE to C-2 to the City Council, seconded by Joseph Janusiak, approved by a unanimous vote. 2. REQUEST FOR REZONING APPLICANT: Allan F. Eayrs OWNERS: Allan F. Eayrs and Scott R. Brockie GENERAL LOCATION: Parcel located southeast of Northridge Subdivision (16 +/- acres). LEGAL DESCRIPTION: Tracts 35A and 35B of Lake Highlands Company lying in Section 20, Township 22 and Range 26. REQUEST: A request for rezoning from UE Urban Estate Residential District to R-1 Urban Residential District. Mr. Harker explained that the subject site, containing 16+\- acres, is located southeast of the existing Northridge Subdivision. In accordance with current City regulation, all properties annexed into the City of Clermont automatically receive designation as Urban Estate District (UE) upon formal approval for annexation by the City Council. The owner of this site is requesting rezoning to R-1, Urban Residential District, for the property described above. • • Cl7Y OF CLF,RMONT MINUTES PLANNING AND ZONING COMMISSION APRIL 2, 1996 Page-3- The property was historically utilized as a citrus grove but since the freezes that terminated agricultural use of the site it has laid fallow to this date. Existing land use of surrounding properties shows residential to the west (Northridge Subdivision), and vacant/agriculture to the east, north and south. Discussion with the applicant has occurred concerning development in the same manner as the Northridge Subdivision where larger lot platting would occur. Essentially, the developer would enter into an annexation agreement with the City where lot requirements would mirror those of the Northridge Subdivision. This scenario for annexation and rezoning occurred during last months City Council meeting for the adjoining Crittendon property. In order to maintain continuity with the existing development pattern for this area, prudent planning would indicate an annexation agreement should be executed. The City Comprehensive Plan and zoning of adjacent property indicates a residential expansion pattern for the area. The applicant has indicated future development as residential. Based upon consistency with the approved Comprehensive Plans of the City and County, Staff recommends approval of the rezoning from UE (Urban Estate District) to R-1 (Urban Residential District) subject to formal execution of an annexation agreement and formal action of the City Council for the requested annexation. At this time Chairman Smythe asked all those present who wished to speak in regard to this case be sworn in. Persons sworn in were Allan F. Eayrs, owner, of 3225 West Orange Country Club Drive, Winter Garden, Florida. Mr. Eayrs stated that the owners of the property would be amiable to signing the developers agreement. A motion was made by Bill Rauch to recommend approval of the rezoning from UE to R-1 to the City Council, seconded by Joseph Wiebush, approved by a unanimous vote. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Stephanie's Gourmet Coffee LOCATION: 639 Eighth Street. REQUEST: A request for a Conditional Use Permit to allow the operation of a retail store, professional office and coffee shop (restaurant), located in the Central Business District (CBD). • • CITY OF CI.ERMONT MINUTES PLANNING AND ZONING COMMISSION APRII. 2, 1996 Page-4- Mr. Harker explained that the applicant is requesting a Conditional Use Permit to operate a combined retail coffee bean sales business, a coffee shop (restaurant) where exotic coffees and entrees may be purchased and consumed on-premises, and a professional office for a property entrepreneur/development business. Essentially, the exotic coffee operation will provide the opportunity for sales of beans which may be either purchased and taken home, or selected to be ground and served fresh on-site. The property enterprise business may include purchase, sales, renovation operations, management or any combination thereof. Initially, the property business will confine operation to bookkeeping and financial operations; however, future growth of the business may provide opportunity to enlarge the scope of the enterprise. The subject site is located at the intersection of Montrose and Eight Streets in the Central Business District. The businesses will occupy a portion of the Porter Building which was formerly the site of Treasure Seekers Boutique. Surrounding land uses are retail and professional office in all directions. The surrounding zoning is CBD (Central Business District) in all directions. Mr. Harker noted that additional parking for partial conversion from the former retail business to the restaurant business will require purchase of three (3) spaces. The applicant will avail opportunity for the one-time parking exchange fee program to satisfy this requirement. The proposed request is consistent with existing land use of the area, and directives of the adopted Comprehensive Plan which provides for a mixture of uses to be located in the Central Business District. Based upon information provided for the proposed use, staff recommends approval of the Conditional Use Permit with the following conditions: 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and/or successors in title or interest. 2. The Permittee shall provide the required number of parking spaces through appropriate compensation via utilization of the one (1) time Parking Space Exchange Fee Program. Said compensation shall be provided to the City prior to operation of the restaurant portion of the business. 3. The structures shall be inspected by the Fire Marshall for life safety requirements, all requirements must be met prior to any certii"icate of occupancy being issued. • • Cl7Y OF CLF,RM01V7" MINUTES PLANNING AND ZONING COMMISSION APRIL 2, 1996 Page - S - 4. The structures shall be inspected by the Department of Environmental Health and other applicable agencies for operation of a restaurant. All requirements of applicable agencies must be met prior to that portion of the business being conducted. 5. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 6. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 7. If any of the stated conditions are violated, the applicant understands and agrees the City Council may revoke this Conditional Use Permit by Resolution. At this time Chairman Smythe asked all those present who wished to speak in regard to this case be sworn in. Persons sworn in were Mr. Rick Reed, applicant, of 639 Eighth Street, Clermont, Florida, Mr. Robert Porter of 8501 Pine Island Road, Clermont, Florida and Dave Shotsberger of 10624 Danali Drive, Clermont, Florida. Mr. Reed, applicant, stated his concerns regarding condition #2 which would require a payment of $4,500 for the parking space exchange fee. With this type of small business it will take a long period of time to recover these monies. Mr. Reed asked, as they are not the owners of the building, who would receive credit for these parking spaces. Chairman Smythe stated that credit for the parking spaces would remain with the property. Further discussion followed regarding the parking space exchange fee concept. Mr. Porter, owner of the building, stated that his only concern was to ensure that there would be uniformity in handling these new regulations and hopes that these monies are earmarked for the downtown area so the businesses will receive the benefits of these fees. After further discussion, a motion was made by Wendell McDannel to recommend approval to the City Council as presented by staff, seconded by Marilyn MacLauchlin, approved by a unanimous vote. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION APRIL 2, 1996 Page-6- There being no further business the meeting was adjourned. ~~ll obert Smythe, Chai an ATTEST: Mimi aw Ogden, Planning Techni an