Loading...
12-06-1988 Regular Meeting• • PLANNING & ZONING COMMISSION MEETING The regular scheduled meeting of the Planning & Zoning Commission meeting was called to order by Chairman John Sargent, Members attending were Marilyn George, Don Smith, Debbie Gaines, Curt DiCamillo, Adelbert Evans, Cecil Smart and Rob Mitchell. Bonnie Kranz was excused. Also attending were James McAllister Planning Director and Jane Warren Planning Technician. MINUTES of the meeting held November 1, presented. NEW BUSINESS REQUEST ZONING CHANGE APPLICANT: City of Clermont 1988 were approved as LEGAL DESCRIPTION: Sunnyside Unit, Block 8, and Block Q Lots 14 thru 17. GENERAL LOCATION: N.E. Corner of East Avenue and Hwy 50 Zoning: Present R-2 RECOMMENDATION: Approve Proposed R-3-A Mr. McAllister stated that the Commission had heard a request at the November 1, 1988, meeting requesting the rezoning of Sunnyside Unit Block 8, Lots 10 and S. 36.5' of Lot 11. The Commission recommended approval of that request to the City Council. Staff is proposes to rezone the whole block rather than deal with many individual rezoning requests in the future. Staff recommends approval of the request based on the recommendations of Mrs. Nellie Hunt's request and based on the changes one year ago amending of the Future Land Use Map. accomodate. After a brief discussion a motion was made by Mrs. George to recommend approval of this request, seconded by Mr. Evans and approved by unanimous vote. CONDITIONAL USE PERMIT REQUEST OWNER: Nellie Hunt 1013 East Avenue Clermont, Fla. 32711 APPLICANT: Randall Langley (Buyer) PROPERTY: Sunnyside Unit Block 8 Lot 10 and the South 36.5 feet of Lot 11. LOCATION: 1013 East Avenue 1 • • ZONING: R-3-A Residential/Professional District REQUEST: To operate a professional office in the R-3-A Residential/Professional District. RECOMMENDATION: Approval with Conditions Mr. McAllister stated that the applicant is requesting a Conditional Use Permit to convert a single family home to a professional office. This parcel was presented to the Planning & Zoning Commission for consideration for rezoning to R-3-A at the November meeting upon which a recommendation of approval was delivered. The rezoning of this parcel will be heard on December 13, 1988 at the City Council meeting. The existing structure is approximately 1890 square feet in area with approximately 2272 square feet in parking area. Parking requirements for office use are one space per 200 square feet of office area thereby warranting 10 parking spaces. The site plan as presented does not adequately delineate these 10 required parking spaces. Mr. McAllister suggested that an additional condition of the Conditional Use Permit be that before a new Certificate of Occupancy is issued on this structure, a site plan indicating l0 parking stalls must be submitted and approved by the Planning Director. The site plan as submitted indicates availability for only seven vehicles. The applicant has the option for applying for a variance from the parking requirements or to expand the parking area thereby requiring site plan review and a permit from St. Johns River Water Management District. Mr. McAllister also pointed out a five foot landscaped buffer complete with trees and a hedge will be required along the north and east property lines as well as between parking areas and right of way. Credit will be given for existing trees on the property. Mr. Sargent expressed concern about the numbers of business that could possible operate from this location, and suggested that condition No. 5 be specific. Mr. McAllister suggested that the condition state for "one professional office only". After a brief discussion a motion was made by Cecil Smart to recommend to the City Council approval of this request with the following amendments: 1. Landscape buffer along north and east property line. 2. No Certificate of Occupancy will be issued until the 3. Condition No. 5 shall state for one professional office only. The motion was seconded by Marilyn George and approved by unanimous vote. DISCUSSION The following items were discussed by the Commission: PROPOSED ZONING CODE AMENDMENTS 1. In the R-1-A. R-l, R-2, R-3-A, R-3 and R-R Zoning Districts: 2 • • A. Delete"Boathouses" from Conditional Use Permit and allow as a permitted accessory use. The following concerns and views were expressed by the Commission: Mr. Smith expressed concern that the City would be loosing the opportunity to scrutinize future construction of docks and boathouses on our lakefront property. Mr. Sargents requested that a clarified definition of "Boathouses" be drafted. Mrs. George stated that if all the necessary permits have been obtained from the other regulatory agencies, it would be major disadvantage to the property owner to require them to go through the Conditional Use Permit process. It was the consensus of the Commission to allow boathouses as a permitted use. 2. In the R-3 Zoning District: A. Add "Personal Services" as a CUP. It was the consensus of the Commission not to add "Personal Services" as Conditional Use. Members of the Commission stated that they felt the term "Personal Services" was too vague and the left the door open for possible undesirable businesses. B. Amend lot coverage requirement to 40% maximum for all residential uses. Mr. George and Mr. Smith expressed concerns regarding parking requirements for multi-family development. Mr. Smart pointed out that the present 25% requirement is not consistent with our density restrictions. Mr. Smith stated he felt in the future many homes would be rebuilt in various location throughout the City that could possible be 0-lot line, townhomes, ect., and suggested further review of this proposal. It was the consenses of the Commission to delay and recommendation regarding this proposal until additional research has been done by staff and presented to the Commission. 3. In the C-1 Zoning District: A. Add "Restaurants" as a CUP. It was the consensus of the Commission to add "Restaurants as a Conditional Use Permit in C-l. B. Change #11 under uses allowed as a CUP to "Coin Operated Launderies." C. Change #2 under Permitted Uses as to insert after... "dry cleaners and launderies (the cleaning of which is off site only.) D. Under CUP, after "Launderies", add (on site cleaning) 3 • • It was the consensus of the Commission that the difference between, Coin Operated Launderies, On-Site Laundry, Laudromat, and Dry Cleaners needed to be clarified and specific definitions adopted before any decision could be made regarding proposal 3. B, C, D and 4. A. and B. 4. In the C-2 District: C. Add to off Street Parking "Manufacturing." Requirements shall be same as in the M-1 District. There was no opposition to the above proposal. 5. Section 26-18 Buffer Strips: A. Add "Multi-family" so as to read "Whenever a multi- family, commercial or industrial use abuts a residential use, there shall be provided a buffer strip between the two uses." There was no opposition to the above proposal. OTHER AREAS OF DISCUSSION 1. Section 26-40 Continuance of Non-Conforming Uses. 2. 3. A. Is is necessary to require a CUP for the expansion of a non-conforming use? Why not a variance? B. Perhaps a CUP can be required for a use that is non- conforming due to area, lot coverage and/or property dimensions. A use that is lawful in all respects with the exception of a setback requirement(s) may be enlarged without a CUP if the addition is otherwise permitted and meets all current setback requirements. It was the consensus of the Commission that a variance should be considered as an alternative to the required Conditional Use process, but the members of the Commission requested that Mr. McAllister review the Zoning Ordinance for additional inconsistencies that may exist. In the M-1 Zoning District: A. Currently, all uses allowed in C-2 are allowed in the M-1 District. From a compatibility point of view, does this section need further scrutiny? It was the consensus of the Commission that staff review the uses allowed in C-2 and address need to separate a commercial district from a manufacturing district. The commission also suggested the possible need for an additional district such as M-1-A or M-2. In all Districts: A. Possibility of regulating liquor sales (consumption on presmises, off premises, drive thru, etc...) The Commission suggested that the regulation of liquor sales be regulated thru the types of licensing in a specific zoning district. B. Regulate location of churches vis-a-vis liquor establishments. 4 • • There was much discussion regarding the restriction that existing churches impose on the future use of commercial property. Mr. Smart suggested that the churches accept the uses and restrictions that go hand in hand with locating in a commercial district. Mrs. Gaines stated there should be a separation of church and state and the rights of commercial property owners should not be restricted by a non-commercial use within that district. Mr. Smith suggested that future churches locating in a commercial district forego the 500' restriction and that any existing churches be grandfathered and would loose that grandfathering priviledge if they should relocated in a commercial district. C. Regulate all drive-thru facilities. The Commission suggested drive-thru facilities be addressed as a Conditional Use. LANDSCAPE ORDINANCE CHAPTER 11B I. REQUIRED LANDSCAPING ALONG DEVELOPMENT PERIMETERS On the site of a multi-family, commercial or industrial use where such use is abutting a single family or duplex residential use, there shall be provided a landscaped buffer strip as follows: 1. A strip of land at least five (5) feet in depth located between the two uses with landscaping as to include one (1) tree for each fifty (50) lineal feet or fraction thereof. In addition, a hedge, wall or other durable landscape barrier of at least two (2) feet in height shall be placed along the inside perimeter of such landscaped strip. If such durable barrier of nonliving material, for each ten (10) feet thereof, one (1) shrub shall be planted abutting such barrier. Such shrubs shall be planted along the side facing the less intense use. The remainder of the landscaped area shall be landscaped with grass, ground cover or other landscape treatment excluding paving. At this time Mr. Sargent advised those Commission member whose term expires in January 1989 to submit a letter to the City Manager if they wish to be reappointed to the Commission There being no further business, the meeting was adjourned. r John argent, Chairman ATTEST: /'.. J~ne Warren lanning & Zoning Technician 5