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03-03-1992 Regular Meeting• ~ MINUTEB PLANNING & ZONING COMMT88ION Marsh 3, 1992 The meeting of the Planning & Zoning Commission was called to order Tuesday, March 3, 1992 at 7:30 P.M. by Chairman John Sargent. Members present were Dan Smith, Adelbert Evans, Joseph Wiebush, Marilyn George, James Brown,~Wendell McDannel and Joseph Janusiak. Member Bonnie Kranz was absent. Also attending were Lanny Harker Planning Director and Mimi Shaw Planning Technician. MINUT88 of the meeting held January 7, 1992 were approved as presented. ORGANIZATIONAL MEETING: Nominations for Chairman and Vice-Chairman Adelbert Evans nominated John Sargent for Chairman and Marilyn George for Vice-Chairman, seconded by James Brown. There being no other nominations the nominations were closed. Mr. Sargent was elected Chairman and Ms. George Vice-Chairman by a unanimous vote. NEW BUSINESS: 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Caren Haight - Pretty Paws Pet Parlor OWNER: Caren Haight LOCATION: 1402 Emerald Lakes Drive ZONING: C-2 (General Commercial District) REQUEST: To allow the expansion of the existing facility and allow the joint use of a single family residence and a pet grooming facility in a C-2 (General Commercial District). Mr. Harker informed the Commission that the subject site is located west of the Emerald Lakes Plaza and both north and east of the Emerald Lakes Mobile Home Park. Historically, the property has been utilized as a Radio Station (WWFL), a congregate care living facility, and the most recent use as a combination residence and beauty parlor, so there has been a multitude of various uses located on this site. Mr. Harker further noted that the property is located in the C-2 zoning district and the use is consistent with the Future Land Use District designation (NED-1}, and the Generalized Future Land Use Map designation which is commercial use. The city staff recommends approval of the proposed use based upon the historic commercial nature of the property and compliance with both existing zoning and future land use designation of the site. However, approval shall be conditioned as follows: 1. The property must be developed in substantial accordance with an approved site plan. 2. All applicable rules and regulations shall be met, including final site plan approval, landscaping, drainage, parking and sign regulations. All required landscaping must be served with a permanent irrigation system and must be properly maintained. The drainage and stormwater retention requirements of the appropriate regulatory agencies must be met, and approved by the City Engineer. These areas must be properly maintained. 1 • • 3. No further expansion of the use or additions to this facility shall be permitted beyond the 240 sq. ft. addition proposed for this use except as approved by another Conditional Use Permit. 4. This property may be used as a single family residence as the primary use and a pet grooming shop as a secondary use only. No other business operation may be conducted from this facility. 5. Standard building codes regulating the dual occupancy of a commercial use within a residential dwelling shall be adhered to. 6. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 7. This permit shall expire if construction has not begun within one year of the date of this Conditional Use Permit. 8. 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. Smith asked in regard to condition #7 if the addition must be built prior to the building being used as a pet parlor or could the business begin and continue if the addition were not built. Mr. Harker replied that the business could begin and continue without the addition. Further discussion followed. The wording of condition #7 was changed to read "this permit shall expire if the use has not begun within one year of the date of this Conditional Use Permit". A motion was made by Don Smith that the Commission recommend to the City Council approval of this request as presented with the amendment to condition #7, seconded by Adelbert Evans. Approved by a unanimous vote. 2. REQUEST FOR CONDITIONAL U8E PERMIT APPLICANT: SunBank, N.A. - Clermont Branch AGENT: Don Wickham, President GENERAL LOCATION: Southeast corner of Highway 50 and Almond Street - Clermont ZONING: C-2 (General Commercial District) APPROX. ACREAGE: 2.100 acres +/- REQUEST: To allow integrated parking, ingress/egress and water retention in the C-2 (General Commercial Business District). Mr. Sargent referenced the letter from SunBank dated March 2, 1992, withdrawing the application. 2 • • 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Tom K. Dougherty - JOKA Properties, Inc. OWNER: Tom K. Dougherty GENERAL LOCATION: Southeast corner of Disston and Almond Street - Clermont ZONINGS R-3 {Residential/Professional District) and C-2 (General Commercial District) APPROX. ACREAGE: 1.708 acres +/- REQUEST: To allow construction of a two-story office complex with integrated parking, ingress/egress and water retention in the R-3 (Residential/Professional District) and the C-2 (General Commercial Business District). Mr. Harker informed the Commission that SunBank had withdrawn their CUP request due to a deadline date they must meet and the SunBank project independently does not require a CUP. Therefore the site plan that has been submitted with Mr. Doughertys' request is no longer germane. Based on these circumstances staff does not feel. that a recommendation can be made, due to the revisions that will have to be made to the site plan. Staff is therefore recommending postponement of action for 60 days. Marilyn George asked what the advantage would have been for these two applications to be considered together. Mr. Harker replied that the advantage to SunBank would have been that they would have ingress/egress from Disston Avenue, that is also where they were proposing most of the traffic flow from the drive-thru be directed. The second advantage to SunBank was that they would also have joint water retention areas. Tom Dougherty, applicant, apprised the Commission that the proposed addition to the SunBank would still be consistent with the existing site plan and that if his CUP is approved they will join back in with his project. Mr. Dougherty further explained the layout of his property and the basis of his pending variance request. Mr. Dougherty stated that on approximately April 17 he learned that the adopted Comprehensive Plan of Clermont states that only 18~ of a parcel can be utilized as the floor area zatio. He feels this density is too low for commercial property. When only the footprint of the building is considered in the floor area ratio his proposed building only covers 12~ of the parcel, however, when considering both floors this becomes 24~, which he also feels is too low of a density for commercial property. Mr. Sargent asked what the floor area ratio would be for the property owned by SunBank. Mr. Dougherty replied 8.4~. Mr. Dougherty asked the Commission what their interpretation and meaning of floor area ratio was when they recommended approval of the Comprehensive Plan. Did the Commission intend this to mean every floor or was this intended to mean the footprint of the building. Mr. Smith asked Mr. Dougherty if his proposed building, as shown on the site plan, would be totally on property owned by him, without the land transfer from SunBank. 3 • • Mr. Dougherty replied that a portion of the proposed building on the east is on property owned by SunBank and more land would have to be acquired on the south to meet the proposed setback. SunBank has stated that the land transfer would still be completed. This could be made a condition of the CUP. Mr. Evans stated that the site plans submitted with this application are now defunct, this has become two separate projects with the withdrawal of SunBanks application. Further discussion followed regarding floor area ratio coverage. Mr. Sargent recounted that he felt the most critical issue was that the Commission does not have an accurate site plan for the project that is being presented. Mr. Dougherty explained that he can obtain all of the property shown on the site plan. Tabling this request is not going to correct the problem of the floor area ratio problem, which needs to be defined. Mr. McDannel felt that this should be researched further before a decision could be made. Mr. Harker stated the ruling of the definition of floor area ratio should either come from the City Attorney or the City Council. There are problems with the proposed project other than the floor area ratio, such as the possibility of opening Disston Avenue into SR 50, which would then involve FDOT and could take quite sometime. In addition, legally the applicant does not have formal approval of SunBank to include that portion still under their ownership. A motion was made by Adelbert Evans to table this request for 60 days, seconded by Wendell McDannel. There being no further business the meeting was ad3ourned. {, 7 P/ John N: Bargen~t`', Ch~lirman ATTE8T: Mim' Bhaw, planning Technician 4