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08-01-1995 Regular Meeting• • Cl7Y OF CLF.RMOIV7' MINUTES PLANNING AND ZONING COMMISSION MEETING AUGUST 1, 1995 The meeting of the Planning & Zoning Commission was called to order Tuesday, August 1, 1995 at 7:00 P.M. by Chairman Robert Smythe. Members present were James Brown, Marilyn George, Keith Mullins, Darryl Bishop, Joseph Janusiak and Bill Rauch. Members Wendell McDannel and Joseph Wiebush were absent. Also attending were Lanny Harker, Director of Planning and Mimi Shaw Ogden, Planning Technician. MINUTES of the Planning and Zoning Commission meeting held July 6, 1995 were approved as presented. 1. REQUEST FOR REZONING APPLICANT: Jeffrey C. Biddle LOCATION: 915 West Montrose Street REQUEST: A request for rezoning from R-3 Residential/Professional District to CBD Central Business District. Mr. Harker stated that the applicant is requesting rezoning of a .51 +\- acre parcel located at the southwest corner of West Avenue and Montrose Street. The property is presently zoned R-3 (Residential/Professional District), and lies directly adjacent to the currently designated Central Business District area. The proposed CBD (Central Business District) zoning request is consistent with directives specified within the adopted City Comprehensive Plan which address future expansion of the existing Central Business District. Further, recognizing the general area is essentially transitional from the historic single-family oriented residential use to office, day care, City Police Station, Sheriff substation and other non-residential uses, the requested action will be consistent with prevailing development in the area. Based upon demonstrated consistency with directives of the adopted Comprehensive Plan, and evidenced by non-residential development patterns occurring with the general area, City Staff recommends approval of the rezoning from R-3 (Residential/Professional District) to CBD (Central Business District). At this time Chairman Smythe asked all those present who wished to speak in regard to this case he sworn in. Persons sworn in were Jeffrey C. Biddley applicant, of 915 West Montrose Street, Clermont, Florida. Mr. Biddle gave a brief synopsis of his proposed project. • CITY OF CI.F.RMON7' MINUTES • PLANNING AND ZONING COMMISSION AUGUST 1, 1995 Page-2- Member Bill Rauch noted that there are numerous diverse buildings on the site and asked the applicant what buildings would stay and which would go. Mr. Biddle stated that no structures would change. The main house would serve as the main focus of the bed and breakfast, the building directly to the south of the house would also serve as two units of the bed and breakfast and the building in the southwest corner of the property would be the residence that Mr. Biddle and his family will reside in. A motion was made by Marilyn George to recommend approval to the City Council as presented by staff, seconded by Joseph Janusiak and approved by a unanimous vote. 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Jeffrey C. Biddle LOCATION: 915 West Montrose Street REQUEST: A Conditional Use Permit to allow the operation of a Bed and Breakfast Inn in the CBD Central Business District. Mr. Harker explained that the applicant is requesting a Conditional Use Permit to alter the existing use of the property to accommodate a Bed and Breakfast estahlishment at the above identified address. The subject site is located at the southwest corner of the intersection of West Avenue and Montrose Street. The existing land use surrounding the site is commercial, institutional (Sheriff substation) and professional office to the east, professional office to the west, vacant property to the south and, single-family residential to the north. The existing zoning pattern is CBD (Central Business District) to the east, and R-3 (Residential/Professional District) to the north, south, and west. In order to accomplish the proposed endeavor the existing single family residence will be converted to facilitate a three (3) bedroom lodging facility, and the residence will be relocated to an existing structure located at the southwest corner of the property. The existing structure established at the southeast corner of the site will provide accommodation for the additional two (2) rental lodging units, As part of this Conditional Use Permit the City Council will be asked to consider a variance for the landscape buffer width along the south Property line. The variance will be deviation from the required five (5) feet to 3.7 feet, 4.1 feet, and 4.5, respectively, as located adjacent to the three existing structures along that specified boundary. In • Cl7Y OF CLF.RMONT MINUTES • PLANNING AND ZONING COMMISSION AUGUST 1, 1995 Page - 3 - addition, a variance to the rear and side setback of the proposed single-family structure will be requested. The rear setback variance to be considered will be from 25 feet to 5.2 feet, and side setback will be from 7S feet to 3.7 feet. Recognizing the area is essentially transitional in nature, and the proposed use is consistent with future land use patterns designated for the Central Business District area, City Staff recommends approval of the proposed use 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 property shall be developed in substantial accordance with an approved site plan incorporating all conditions of this Conditional Use Permit. Said plans shall be submitted for review and approval of the Site Review Committee prior to authorization and issuance of a development permit. 3. All applicable rules and regulations shall be met, including but not limited to, final site plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks (exclusive of the single-family structure). All required landscaping must be served with a low volume permanent irrigation system including City approved and State mandated back-flow prevention device. If an automatic irrigation system is utilized a State mandated rain sensor gauge shall be required. All landscape areas must be properly maintained. 4. The drainage and stormwater retention requirements of the City and the appropriate regulatory agencies shall be met and approved by the City Engineer. These areas shall be properly maintained. 5. The property shall be permitted for one (1) single family residential structure, two (2) bed and breakfast structures, and one detached three-car carport facility. The bed and breakfast structures shall be permitted for a total of five (5) bedroom accommodations. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 6. The permittee shall provide a sidewalk constructed in accordance with City standards along West Avenue, the length of the subject property. 7. T'he permittee shall install two (2) paved parking spaces for the residential use; all other required parking spaces may be constructed of mulch material. All parking areas shall be provided in accordance with City standards. • Cl7Y OF CIF.RMOlV7" MINUTES • PLANNING AND ZONING COMMISSION AUGUST 1, 1995 Page - 4 - 8. If in the future, the generation of refuse and trash exceeds normal residential container amounts a dumpster shall be required. 9. The permittee shall provide a five foot wide landscape buffer, in accordance with City standards, abutting residential properties and parking areas as required by City Code. The permittee shall permanently retain and maintain a wood frame fence and appropriate landscape buffer adjacent to the south property boundary line. 10. All lighting for. the proposed facility shall be designed and located such that light and/or glare shall be directed upon the subject property only. 11. The structures shall be inspected by the Fire Marshall for life safety requirements, all requirements must be met prior to any certificate of occupancy being issued. 12. The structures shall be inspected by the County Building Inspector and all building code violations must be corrected prior to a certificate of occupancy being issued. 13. This permit shall become null and void if the business has not began operation within one (1) year from the formal date of grant by the City Council for this Conditional Use Permit. 14. The final CertiScate of Occupancy shall not be issued until each of the `stated conditions has been met. 15. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by Resolution. Mr. Biddle noted that he would be asking City Council to reconsider conditions #6 and #7. Mr. Biddle noted that if they are required to install a sidewalk, that will end at the property line, there will be a steep slope on the sidewalk that will lead to no where, and could therefore be a safety hazard. In reference to condition #7, Mr. Biddle stated that he would be asking the City Council to extend him time to install the two paved parking spaces. After a brief discussion, a motion was made by Marilyn George to recommend approval to the City Council as presented by staff, seconded by Bill Rauch and approved by a unanimous vote. • CITY OF CI.F.RMONT MINUTES • PLANNING AND ZONING COMMISSION AUGUST 1, 1995 Page - 5 - There being no further business the meeting was adjourned. rte' obert Smythe, Chai an ATTEST: Mi 'Shaw Ogden, Planning T nician