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04-04-1995 Regular Meeting• CITY OF CIF.RMONT MINUTES PLANNING AND ZONING COMMISSION MEETING APRIL 4, 1995 The meeting of the Planning & Zoning Commission was called to order Tuesday, April 4, 1995 at 7:00 P.M. by Chairman Robert Smythe. Members present were James Brown, Wendell McDannel, Joseph Wiebush, Marilyn George, Joseph Janusiak, Keith Mullins, Darryl Bishop and Bill Rauch. Also attending were Lanny Harker, Director of Planning and Mimi Shaw, Planning Technician. MINUTES of the meeting held March 7, 1995 were approved as presented. 1. REQUEST FOR REZONING APPLICANT: Community National Bank of Pasco OWNER: W.A.C. Investments LEGAL DESCRIPTION: The East 1/Z of Tracts 24 and 25, Lake Highlands Co., Sec. 29, Twnshp. 22, Rng. 26. GENERAL LOCATION: Parcel located approximately 330 feet east of Grand Highway, south of Highway 50 and north of Hook Street. REQUEST: A request for rezoning from M-1 (Industrial District) to C-2 (General Commercial Business District). Mr. Harker stated that the applicant is requesting rezoning of a 9.8+/- acre parcel generally located south of S.R. 50 across from the Clermont Regional Shopping Center. The parcel is presently zoned M-1 from Hook Street to within approximately 200 feet of State Road 50 where C-2 is indicated as the current zoning. However, historical record and research does not precisely determine the exact parameters of the commercial zoning therefore the entire parcel is being rezoned to eliminate possible confusion and effect specific register of the property. Mr. Harker further noted that the proposed Highway Commercial (C-2) Zoning District is consistent with Future Land Map and Land Use District designations of the adopted Comprehensive Plan. The requested action is consistent with directives of the Comprehensive Plan which designate the area for expansion of the existing Commercial Node that is centered around the intersection of State Road 50 and US Highway 27. The uses available within the G2 Zoning District are compatible with existing adjacent land uses which are commercial oriented businesses. Therefore, staff recommends approval of this request for rezoning from M-1 (Industrial District) to C-2 (Highway Commercial District), as petitioned. • CITY OF CLERMON7' • MINUTES PLANNING AND ZONING COMMISSION MEETING APRIL 4, 1995 Page-2- 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. James Bingham of 7335 Gull Blvd., Zephyrhills, Florida. Mr. Bingham, representative of the applicant, gave a brief synopsis as to why the bank feels the would be a good location for expansion. A motion was made by Bill Rauch to recommend approval to the City Council as presented by staff, seconded by Joseph Wiebush and approved by a unanimous vote. 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Dynasty Limousine/Gabby Monroe OWNER: Thomas M. and Margaret Baumann LOCATION: 1001 East Avenue REQUEST: A Conditional Use Permit to allow a residence and the operation of a Professional Office (Limousine Service) in the R-3-A Residential/Professional Office District. Mr. Harker stated that the applicant is requesting a Conditional Use Permit to allow formal operation of the existing limousine service at the present residence located at the above indicated location. The subject site is located on the east side of East Avenue across from the intersection of Broome Street and East Avenue. Surrounding land use is residential to the north and east, commercial to the west, and residential and Professional Office uses to the south. The subject property is situated in the ERD-8 Future Land Use District which allows professional office uses. The CUP request is also consistent with directives of the Future Land Use Map and Zoning District designation (R-3-A) which permits professional office uses. Mr. Harker noted that the parking requirement for a professional office is one space for each 200 square feet of office space, however, the applicant has expressed the desire to park three (3) vehicles utilized for the business at the site. Parking requirements for a residence prescn'bes two (2) spaces per single family dwelling unit. Therefore, a total of five (5) parking spaces will be warranted for the proposed use. According to the site plan submitted, adequate parking for the proposed uses are indicated to be present on the site. CITY OF CLF.RMONT • MINUTES PLANNING AND ZONING COMMISSION MEETING - APRIL 4, 1995 Page-3- The applicant, in submitted information, indicates the nature of the business essentially precludes customers from coming to the site to avail themselves of the proposed service. With that understanding mulch parking will be requested from the Site Review Committee at the time of site plan approval. Based upon data and criteria specified above, the City Staff recommends approval of the CUP 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. All required landscaping must be served with a low volume permanent irrigation system including City approved and State mandated back-flow prevention device and rain sensor gauge. All landscaped areas must be properly maintained. 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. 4. The permittee shall provide a flue foot wide landscape buffer, in accordance with City standards along the north, south and east property lines adjacent to the existing residential uses as well as between the professional office parking area and right-of--way as required by City Code. 5. At such time as the City installs sidewalks along East Avenue the permittee shall provide a sidewalk constructed in accordance with City standards along East Avenue, the length of the subject property. 6. If in the future the generation of refuse exceeds the normal residential amount, a concrete dumpster with wooden doors will be required to be provided by the applicant. 7. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. The Conditional Use Permit shall be predicated on provision of flue (S) parking spaces for the proposed use. No increase in the number of commercial vehicles shall be permitted without amendment of this Conditional Use Permit. • CITY OF CLF.RMONT • MINUTES PLANNING AND ZONING COMMISSION MEETING - APRII. 4, 1995 Page - 4 - 8. 'This permit shall become null and void if substantial construction work has not begun within one (1) year of the date of issuance of this Conditional Use Permit. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. 9. The final Certificate of Occupancy or Occupational License cannot be issued until each of the stated conditions has been met. 10. 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. 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 Ron D. Becker, Jr. of 1001 East Avenue, Clermont, Florida. Mr. Becker explained that the business has grown much larger than expected. Mr. Becker requested he be allowed to keep his vehicles parked on the site until the CUP was approved, as people are familiar with seeing the vehicles there and moving them may harm his business. Mr. Harker explained to Mr. Becker that the Planning and Zoning Commission does not have the latitude to permit the vehicles to remain on the site, that would require a variance. Member Darryl Bishop asked if the applicant has been asked to remove the vehicles. Mr. Harker explained that Mr. Becker was issued an occupational license for phone purposes only. Which does not allow for storage of commercial vehicles, this is therefore an infraction of the City Codes. Member James Brown asked if any complaints have been received from surrounding property owners. Mr. Harker noted that no complaints have been received After further discussion, a motion was made by Marilyn George to recommend approval to the City Council as presented by staff, seconded by Darryl Bishop and approved by a unanimous vote. CITY OF CLERMONC MINUTES CJ PLANNING AND ZONING COMMISSION MEETING APRIL 4, 1995 Page-S- 3. REQUEST FOR REZONING APPLICANT/OWNER Silverfox Development, Inc. LEGAL DESCRIPTION: The East 220 feet of Tracts 22 and 27, less right-of--way of Highway S0, Lake Highlands Co., Sec. 28, Twnshp. 22, Rng. 26. GENERAL LOCATION: Parcel located approximately 3600 feet west of Hancock Road, south of Highway 50. REQUEST: A request for rezoning from UE (Urban Estate Residential District) to C-2 (General Commercial Business District). Mr. Harker explained that the applicant is requesting rezoning of a 6.5+/- acre parcel located south of S.R. 50, generally adjacent to the Total Eye Care Center (Eye Physicians Office), and across from the Florida Power Facility substation which is on the opposite side of S.R. 50. The parcel is presently in the County, however, a request for annexation has been filed and an Ordinance introducing the request will be heard by the City Council on April 11, 1995 and a final hearing will be held on April 25, 1995. Mr. Harker noted that the applicant has not submitted any formal development plans with this request, however, indication of professional office use has been discussed with City staff. Current Land Use Classification in the County is "Urban" which permits all forms of residential, commercial and industrial land uses to occur. The present zoning of the property is CP, Planned Commercial, which requires formal specification of uses and a site plan to be provided prior to approval of any use or physical construction to occur. The request for C-2 Highway Commercial Zoning will permit professional office uses; however, the requested zoning also allows other land uses that are not consistent with the existing adjacent land uses, and proposed commercial development patterns advocated by the City. The requested action would also be inconsistent with the approved City Comprehensive Plan which indicates future commercial activities to be located at designated Commercial Nodes such as those around the intersection US Highway 27 and Grand Highway (Citrus Tower area), 12th Street and S.R. 50, US Highway 27 and S.R. 50, and Hancock Road and S.R. S0. • CITY OF CLF.RMONT • MINUTES PLANNING AND ZONING COMMISSION MEETING APRIL 4, 1995 Page-6- Mr. Harker further stated that the requested action would be inconsistent with expressed growth management objectives of the Florida Department of Community Affairs which disavow linear forms of commercial sprawl along roadways. Recognizing the proposed request for commercial zoning does not conform to new development (i.e. land use) that has occurred in the area, provides conflict with directives of the adopted and approved City Comprehensive Plan with respect to future development patterns, and could potentially jeopardize approval of future City Comprehensive Plan amendments to the Florida Department of Community Affairs due to linear commercial sprawl issues, Staff recommends Denial of the rezoning to C-2 Highway Commercial. Pursuant to information and analysis provided above, City Staff would recommend that formal reapplication to R-3-A (Residential/Professional District) be exercised by the petitioner. 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 Dale Ladd of 1135 East Avenue, Clermont, Florida. Mr. Ladd stated that he does not feel rezoning this parcel to C-2 would jeopardize the Citys Comprehensive Plan, as DCA has already approved this area to be urban when they approved the Lake County Comprehensive Plan. By zoning the property R-3-A they would have no choice but to develop the property as residential. The taxes which have been paid since the property has been owned by Silverfox has been for commercial land. Mr. Ladd noted that their intent at this point is to use the property for professional offices. Mr. Ladd questioned how the City established the commercial nodes. Mr. Ladd asked what the meaning of linear strip commercial is. Mr. Harker explained that linear strip commercial is when the roadway is lined on both sides with totally commercial enterprises. Mr. Ladd stated that he feels the C-2 zoning would be in compliance with the comprehensive plan as the present land use zoning in the county for this parcel is urban and is zoned CP. Mr. Harker stated that the idea of the node concept is commercial developments are put at major intersections, where the greatest amount of traffic will be serviced. There is no major intersection near this property. The City's success with DCA, regarding land use • CITY OF CLERMON7' • MINUTES PLANNING AND ZONING COMMISSION MEETING APRIL 4, 1995 Page-7- issues, has been better than the County's success with DCA in that same area. Mr. Harker further noted that if this property were to be rezoned to C-2 and for some unforseen reason the present owner were to sell the property, the C-2 zoning would allow for a multitude of non-compah'ble uses. Further discussion followed regarding the .potential non-consistency of the proposed rezoning with the City of Clermonts Comprehensive Plan and the plausible non- compahble uses. A motion was made by Wendell McDannel to recommend denial of the request to the City Council, seconded by Marilyn George, the motion was passed unanimously. There being no further business the meeting was adjourned. Robert Smythe, Chairm ATTEST: ~t i Shaw, Planning Technician