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07-05-1989 Regular Meeting• CITY OF CLEI~MONT MINUTES • PLANNING & ZONING COMMISSION MEETING JULY 5, 1989 The regularly scheduled meeting of the Planning & Zoning Commission Meeting was called to order on Wednesday July 5, 1989 at 7:30 p.m. by chairman John Sargent. Members attending were John Sargent, Don Smith, Marilyn George, James Brown, Adelbert Evans and Rob Mitchell. Members excused were Curt Dicamillo, Cecil Smart and Bonnie Kranz. MINUTES of the meeting held June 6,1989 were approved as presented. NEW BUSINESS CONDITIONAL USE PERMIT REQUEST 1. Applicant: Pelican Oil Company Owner: Dwight Meeker and Alan Pool Location: 677 West Highway 50 Request: To permit the expansion of a service station/convenience store in the C-1 General Commercial District. Zoninq: C-1 General Commercial Mr. Mc Allister advised the Commission that the applicant is requesting a Conditional Use Permit to expand a non-conforming use located at the Pelican Convenience Store by adding a canopy over an existing gasoline pump island. The site is non-conforming due to the fact that automotive services such as gasoline sales, are not a permitted use in the C-1 Zoning District. There are presently two gasoline service islands located on the site, both of which are parallel to Highway 50. The applicant plans to dismantle one of the islands except for a diesel fuel pump, and to construct a canopy over the southernmost island. The City of Clermont Zoning Code states that pumps and canopies for service stations must be setback at least 30 feet from the property line. It also states that gasoline pumps, associated with convenience store facilities, shall not impede traffic flow. Mr. Smith stated that he had observed that the site was often congested. and emphasized the need for proper ingress and egress on the site. Mr. McAllister stated by removing the northernmost island, the applicant is actually creating a more acceptable internal traffic situation. Mr. McAllister recommended the following conditions be added to the Conditional Use Permit if the Commission recommends approval of this request: 1 • • The Clermont Zoning Ordinance states that a Conditional Use Permit may be granted only if the following conditions are met: 1. The proposed use is desirable at the particular location. 2. The use will not be detrimental.to the health, safety or general welfare of persons working or residing in the vicinity. 3. The proposed use will comply with the regulations and conditions in the City codes for such use. 4. The Conditional use will not adversely affect the officially adopted Comprehensive Plan of the City. Mr. Mc Allister informed the commission tY}at staff had not received any responses in favor of or in opposition to this request. The applicant was not present. After a brief discussion a motion was made by Don Smith to recommend to the City Council approval of this request as presented by staff, seconded by Marilyn George and approved by unanimous vote. 2. Applicant: Gerald & Frances Smith Owner: Russell Smith Location: 833 West Highway 50 Request: To operate a children's day care facility in the C-1 General Commercial District. Mr. Sargent advised the Commission that the applicant had withdrawn the request. 3. Applicant: John Denig Owner: George Mayfield Location: 811 West Highway 50 Request: To operate a donut shop/restaurant in the C-1 General Commercial District. Zoninq: C-1 General Commercial Mr.Mc Allister informed the Commission at the time this report was prepared, restaurants were not permitted in the district but, City Council has introduced an ordinance that would permit restaurants in ,the C-1 District as a Conditional Use. Final reading on this ordinance will be June 27, 1989. Staff has prepared this recommendation on the assumption that this ordinance will be approved as scheduled. The applicant desires to utilize the entire complex for a restaurant. Since there exists a total of 2100 square feet dedicated to patron use, a total of 42 parking spaces will be required. Currently there are 26 spaces and the applicant has decided to phase the project with Phase I only requiring 20 parking spaces. When Phase II is ready to be opened the applicant shall provide an additional 22 spaces. 2 • • Mr. Mc Allister suggested parking spaces numbered 1 through 3 be removed and that parking spaces 9 through 14 be reconfigure as to create only three parking spaces, each facing the building. This would allow sufficient room for vehicles to back up and safely enter the traffic stream. Mr. McAllister pointed out the restrooms which are outside and do not have direct access into the restaurant, would have to be brought into compliance with the Southern Standard Building Code. No letters either in support of or in opposition to this request have been received. Mr. McAllister recommended the following conditions be added to Conditional Use Permit if the Commission recommends approval of this request: 1. A revised site plan will be submitted to City staff before July 11, 1989 indicating the removal of parking spaces 1, 2, and 3; the reconfiguration of spaces 9, 10, 11, 12, 13, and 14 as mentioned earlier in this report; parking spaces 15 through 26 shall be repaired and delineated and shall also include parking stops. 2. Development of Phase II will require an amendment to the Conditional Use Permit. 3. Restrooms must be brought into compliance with the requirement of the Southern Standard Building Code. Mr. Denig, the applicant was present and available for questions. Mrs. George questioned what would be required of the applicant if he wanted to expand his parking beyond the stated legal description. Mr. McAllister stated the applicant would be required to amend his Conditional Use Permit. Mr. Smith stated he would rather see grass parking on lots adjacent to Chestnut Street rather than paved parking. After a brief discussion a motion was made by Don Smith to recommend to the City Council approval of this request as presented by staff, seconded by Adelbert Evans and approved by unanimous vote. 4. Applicant: Resort Management Consulting, Inc. Owner: Same Location: 931 West Montrose Street Request: To operate a professional office in the R-3 Residential District. Zoninq: R-3 Residential/Professional Offices Mr. McAllister pointed out that the applicant was requesting to amend a Conditional Use Permit granted by Resolution No. 415 to expand an accounting/real estate office located at 931 West Montrose Street approximately 100' west of the Montrose Street/ West Avenue intersection. The applicant has purchased 3 • • a building on lot 9 once used as a single family residence. The existing accounting/real estate office is located on lot 8. Mr. McAllister pointed out that the applicant desires to utilize only 700 square feet of this building for office space while the remainder will be used for storage. Thereby changing the original recommendation from four (4) additional parking space to one (1). Staff's other concern with this request is the impact on the surrounding land uses, that being predominantly residential. Staff recommends that the applicant buffer the western property line of lot 9 as to include a hedge and a tree every 50 feet as required by the landscape code. This buffer will also extend to the rear property line of lot 9 and the eastern one-half of lot 10. Credit will be given for existing trees located within five feet of the property links. All proposed parking area must also be buffered from adjacent property line and right-of-way. No letters in opposition to or in support of this request were received by staff. Mr. McAllister recommended the following conditions be added to Conditional Use Permit if the Commission recommends approval of this request: 1. No Certificate of Occupancy will be issued until a parking plan is submitted to and approved by City staff. The applicant will be required to provided one (1) additional parking spaces. 2 . A five ( 5 ) foot landscape buffer will be constructed along the entire western and southern property line of lot 9 and east 16' of lot 10. Mr. John Blanchard and Peggy Abraham, applicants, were present and stated in regard to the additional parking, he did not anticipate hiring additional personnel and did not feel the additional parking space would be needed. Mr. McAllister stated that the Codes requires an additional parking space and that was the basis for his recommendations. Mr. Blanchard stated he was not requesting any special consideration regarding the code, he only wanted to have the situation clarified so he could present an accurate site plan at the time of review. After a brief discussion a motion was made by Mr. Evans to recommend to the City Council approval of this request as presented by staff, seconded by Marilyn George and approved by unanimous vote. There being no further business the meeting was adjourned. `) Cecil Smart, Vice Chairman ATTEST: ane Warren, Planning & Zoning Technician 4