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05-05-1992 Regular Meeting• • MINUTES PLANNING & ZONING COMMISSION May 5, 1992 The meeting of the Planning '~- Zoning Commission w•ds called to order '1'ucsday, May 5, 1992 at 7:30 P.M. by Chairman John Sargent. Members present were Don Smith, Joseph Wiebush, James Brown, Bonnie Kranz, Joseph Janusiak, Wendell Mcllannel and Adelbert Evans. Member Marilyn George was absent. Also attending were fanny Harker Director of Planning and Mimi Shaw Planning Technician. MINUTES of the meeting held April 7, 1992 were approved as presented. NEW BUSINESS: 1. REQUEST FOR REZONING APPLICANT: Harlie E. Johnson LEGAL: Tract 53 and 54, Lake Highlands, in Section 17, Township 22 South, Range 26 East, Lake County, Florida. ZONING: Present: ItIt (Rural Residential) Proposed: M-1 (Industrial District) ACREAGE: ' 19 acres +/- Mr. Harker informed the Commission that this property is the present Kelly Wood Working site on the west side of Mohawk Road. A request for annexation has hcc.n filed and will be heard by the City Council. Upon annexation into the City a parcel is automatically zoned Rural Residential. A rezoning is therefore required if a zoning other than Rural Residential is desired. Mr. Harker further explained that the proposed industrial use of the site is compatible with adjacent existing City and County land uses. The present County zoning on this parcel is LM (Light Manufacturing). T'he proposed use is also compatible with and furthers Future Land Use objectives of the City of Clermont Comprehensive Plan which designates this area as a future industrial node. Staff is therefore recommending approval of this request. Mrs. Ellen Dykehouse, adjoining property owner, stated that her property, which is also in the County is also zoned Light Manufacturing, however, at this time she has ,to intention of using her property for this purpose. Mrs. Dykehouse further explained that Mr. John Adams, who is also an abutting property owner, asked that she express his opposition to this request and that he would most likely be present at the annexation hearing. Mrs. Dykehouse further stated that there are some uses in the M-1 zoning which she objects to, those being auto painting, welding, body shops and junkyards. Don Smith asked if the City did not approve the request for rezoning could the applicant not just withdraw the request for annexation and remain in the Cou,iry a,td still be allowed to utilize the property as he desired (being Light Manufacturing). Mr. Harker replied that this was potentially correct. Mr. Smith stated that perhaps the City needed both a Light Manufacturing and. a 1-Ieavy Manufacturing zoning. 1 ~ • Further discussion followed regarding the potential need for two Manul'acturitig zoning districts. A motion was made by Don Smith to table this request for thirty (30) days, giving [hc City Council time to address the issue of having only one Manufacturing zoning district, seconded by Joseph Wiebush. The motion passed by a voce of 7 to 1, Jack Sargent voting nay. 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Kathleen Lollar and Barrett Tillotson LOCATION: 811 West Highway 50, Clermont REQUEST: A request for a Conditional Use Permit to allow a restaurant in the C-1 (Light Commercial District). Mr. Harker advised the Commission that the subject property has been used for a variety of businesses in the past (hamburger drive-ln, donut shop, seafood restaurant, etc). The applicant now wishes to utilize this facility as a mexican restaura~lt. Staff recommends approval of this request subject to the standard conditions of a Conditional Use Permit and the following additional conditions: 1. This facility shall be utilized as a restaurant business only. An amendment to the Conditional Use Permit will be required 1'or any changes of use. 2. The required dumpster area must be completely screened with a masonry fence and gate. 3. The north curb cut on 8th Street shall be eliminated and curbing placid in this area. 4. A 5 foot landscape buffer as required by City code shall be installed along the East and South property lines. Tree requirements shall also be met. 5. At the time a sidewalk is constructed along the length of L'ighth Strcct between Highway 50 and Chestnut Street, the asphalt located on the City's right-of--way on 8th Street shall be removed, sodded and a sidewalk shall be provided in accordance to City standards. 6. Parking areas shall be delineated. Don Smith stated that the condition to close the north curb cut on 8th Strcct has previously been a condition of other CUP's on this site. Further stating he understood the reasoning for this, due to the close proximity of the corner, however, in view vl' the parking situation this would make it very difficult to exit the site. Perhaps a right turn only at the north exit onto 8th Street would be more feasible and less expensive for the applicant. A motion was made by Adelbert Evans to recommend approval to the City Council as presented by staff, with condition #3 being amended to "A right turn only sign shall be placed at the north exit on 8th Street". Seconded by Joseph Wiebush, approved by a unanimous vote. 2 • • 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Perry Gibson LOCATION: South side of Hwy. 50, approximately 150' East of Eighth Strcct REQUEST: To construct a the sales and related service business in the C-1 (Light Commercial District). Mr. Harker explained that this building would be next to the existing Clermont Automotive site. The applicant would utilize this site, with the proposed 40 x 40 garage, to facilitate large vehicles such as motor homes, etc. As shown on the conceptual site plan for the property, the garage is to be constructed in the initial phase of construction, and an 18 ft. by 40 ft. accessory storage area will be added at a later time. Mr. Harker further stated that the property is currently zoned C-1 and is in the N1:1)-~ Land Use District, both of which allow for retail businesses. The property is abu[[cd on the East by a vacant parcel, which is also zoned C-1 and is in the same Land Use District. The property to the West is the applicants existing business which is the same use as that requested in the CUP. T'he property to the South is developed as single and multi-family units. Staff recommends approval of the requested use subject to the standard conditions of a Conditional Use Permit and the following additional conditions: 1. There shall be no outside storage of any unassembled vehicles, parts, tires, junk or other materials. 2. At such time as sidewalks are constructed along Chestnut Street, between 7th and 8th Streets, the owner shall construct a five (5) foot wide sidewalk in conformance with City standards. 3. No further expansion of the use or addition to the facility shall be permitted except as approved by another Conditional Use Permit. A motion was made by Wendell McDannel to recommend approval to the Ciry Council as presented by staff, seconded by James Brown, approved by a unanimous voce. 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Tom K. Dougherty - Joka Properties, Inc. GENERAL LOCATION: Southeast corner of Disston and Almond Street ZONING: R3 (Residential/Professional District), C-1 (Light Commercial District) and C-2 (General Commercial District) APPROX. ACREAGE: 1.708 acres +/- REQUEST: To allow construction of a two-story office complex. Mr. Harker informed the Commission that the City Council did approve Mr. Doughertys' request for the rezoning of Lot 127 from R3 to C-1 and also approved the rezoning of Lots 11, 12 and the west 1/2 of Lot 10 from R-2 to R-3, at the April 28 meeting. 3 ~ • Mr. Harker stated that an amended site plan has not been received for this site as requested of the applicant at the March 3rd meeting. Also the question regarding the floor area ratio issue has not been resolved by the City Council. Staff therefore again recommends that this request be tabled until the July 7, 1992 meeting, giving the applicant ample time to resubmit a corrected site plan. A motion was made by Don Smith to table this request until the July 7th meeting, seconded by Joseph Janusiak, approved by a unanimous vote. There being no further business the meeting was adjourned. /~ li John N. Sargent, C an C ;' ATTEST: Mimi Shaw, Planning Technician 4