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02-02-1988 Regular Meeting• CITYOF CLERMONT MINUTES PLANNING AND ZONING COMMISSION FEBRUARY 2, 1988 The regular scheduled meeting of the Planning and Zoning Commission was called to order by Chairman John Sargent on February 2, 1988 at 7:30 p.m. Members attending were Cecil Smart, Adelbert Evans, Debbie Gaines, Bonnie Kranz, Don Smith Curt DiCamillo and Marilyn George. Also attending were Wayne Saunders City Manager, James McAllister Planning Director and Jane Warren Planning and Zoning Technician. MINUTES of the meeting he7~1 ,7;-,.,~,;; y 5, 19r.Y ~.~~ ~ : ~ .,~ ::~ as prF~sented. At this time Mr. Sargent welcomed new member Bonnie Kranz to the Commission. Mr. Sargent also announced Ron Carden had resigned as of February 1, 1988. ORGANIZATION MEETING Mr. Sargent advised the Commission of the need to elect a chairman and vice-chairman for the new year of 1988. Mr. Sargent requested nominations for Chairman. Mr. Evans made a motion to retain Mr. Sargent as chairman, Seconded by Mrs. George. Mr. Sargent requested nominations for Vice-chairman. Mrs. Gaines made a motion to retain Mr. Evans as Vice- chairman, seconded by Mr. Smith. NEW BUSINESS Mr. Sargent introduced Item No. 1. ITEM NO.1 CONDITIONAL USE PERMIT REQUEST FOR COLONY SQUARE II APPLICANT: Hecfer Development 1411 E1 Paso Avenue Orlando, Fla. 32806 PROPERTY: City Block 45 Lots 14 and 16 Colony Square II LOCATION: 470-482 W. Hwy 50 ZONING: C-1-Light Commercial District REQUEST: To allow PERSONAL SERVICE as a permitted use. At this time Mr. Sargent requested staff's recommendations. Mr. McAllister recommended approval, with conditions. Mr. McAllister gave the following rationale: 1 • • CITYOF CLERMONT MINUTES The applicant desires to add personal services to the approved schedule of uses for the project. Currently only retail and professional offices are permitted by Resolution No. 528. Colony II is currently experiencing an problem in that there is no designated area. Consequently, delivery vehicles, beverage vehicles, are forced to back o This is an unacceptable situation that immediately. off-street loading off-street loading specifically large ut onto Highway 50. must be remedied Section 26-24 of the Clermont Zoning Code states as follows: On every lot on which a business, trade or industry use is hereinafter established, space with access to a public street or alley shall be provided as indicated below for the loading and unloading of vehicles off the public street or alley. (1) Retail Business, Wholesale and Industrial: One space of at Least 10 X 50 feet for each 10,000 square feet of floor space or any part thereof . Colony Square II does not provide for any off-street loading area. Section 26-24 had been interpreted by the former Director of Planning as requiring off-street loading area for building over 10,000 square feet in size. Colony Square II being 3200 square feet in size was determined to be exempt from Section 26-24. Staff's interpretation of Section 26-24 had since changed and it was determined that all retail and professional offices regardless of size must provide at least a 10 X 50 foot loading area. Since adding this loading area would mean decreasing two parking spaces, staff recommends granting the personal services use and revoking the professional offices use as this use would require two (2) parking spaces needed for the loading area. Staff therefore recommends approval subject to the following: 1. This property shall be used only for retail and personal services. 2. Creation of an 10 X 50 foot loading area utilizing the two (2) parking spaces at the northeastern portion of the parking area. The handicapped space shall be moved accordingly along with the handicapped ramp. This loading area shall be properly designated as such and the owner shall be responsible for the illegal parking ^f Customers cr ::i:tpl:.yee vehicles ir, this area. 3. All conditions on the previous Conditional Use Permit shall remain in effect except #5. Mr. Sargent requested a response if any from the developer. The developer Mr. Hector Fernandez was not present nor was his representavive Mr. Chris Giachetti of Century 21. Mr. Sargent requested the recommendations of the Commission. Mr. Smith stated when the applicant was originally requesting a Conditional Use Permit, there was much consideration regarding the the parking and loading, and also of not 2 • • CITY OF CLERMONT 1ViINUTES allowing convenience stores as a permitted use. Mr. Smith questioned the difference of a discount beverage store which currently exist verses a convenience store. Mr. Saunders stated the situation is a gray area as the tenant is a discount beverage store which does not fall under our definition of a convenience store. Mr. Saunders advised the Commission our current Zoning Ordinance requires an applicant for a convenience store to request a Conditional Use Permit. Mr. Smith suggest because of the current loading and delivery problems that a condition be added to the Conditional Use Permit which would not allow this type of retail in the future. Mrs. Gaines questioned the benefit of eliminating professional offices and adding personal services. Mrs. Gaines suggested. Personal Services would generated more traffic than professional Offices. Mr. McAllister stated Professional Office generate more traffic and emphasized the Zoning Ordinance requires 1 parking space for every 200 sq. ft. of office space. For retail and personal service 1 space for every 250 sq.ft. of floor space is required. Mr. McAllister stated the deletion of professional office would then reduce the number of required parking spaces and allow for a more appropriated loading and delivery area. Mr. Saunders suggested the proposed loading area, which is in the far east end of the parking area, would allow any delivery vehicle to pull in and back in to the loading area, and then allow the vehicle to exit the parking lot in the forward position. A motion was made by Mr. Smith to recommend to the City Council approval of this Conditional Use Permit as present by staff with the provision that the staff address the issue of delivery vehicles, appropriate retail use and to incorporate a restriction as part of this recommendation, seconded by Cecil Smart and approve by 7-1 vote. Members Smart, Evans, Kranz, Gaines, George, Smith and Sargent voting aye. Member DiCamill voting nay. Mr. Sargent introduce Item No. 2. ITEM NO. 2 CONDITIONAL USE PERMIT FOR COLONY SQUARE I APPLICANT: Hec-Fer Development ~ Century 21 Realty 305 East Highway 50 Clermont, Fla. 32711 OWNER: Hecfer Development 1411 E1 Paso Avenue Orlando, Fla. 32806 PROPERTY: City Block 73 Lots 17, 18, and 19. Colony Square I LOCATION: 630-642 W. Hwy 50 3 • • CITYOF CLERMONT MINUTES ZONING: C-1-Light Commercial District REQUEST: To allow PERSONAL SERVICE as a permitted use. Mr. Sargent requested staff present their recommendations. Mr. McAllister recommended approval with conditions. Mr. McAllister gave the following rationale: The applicant is requesting an amendment to Use Permit granted for Colony Square I by 527. The applicant desires to add personal approved schedule of uses for the project. retail and professional offices are permitt~ No. 527. the Conditional Resolution No. services to the Currently, only ed by Resolution Although Colony Square I is not presently experiencing the same off-street loading problem as Colony Square II, staff is of the opinion that it is only a matter of time before Colony Square I will experience the same problem. Colony Square I was also permitted without an off-street loading area. Colony Square I, however, has the necessary parking needed to maintain office use and provide for an off-street loading area. Staff therefore recommmends approval of this request subject to the following: 1. This property shall be used only for personal services, retail and professional offices. 2. Creation of an 10 X 50 foot three (3) parking spaces at the parking area. Thi designated as such and the for the illegal parking vehicles in this area. loading area utilizing the the northeastern portion of s area shall be properly owner shall be responsible of customers or employee 3. All conditions on the previous Conditional Use Permit shall remain in effect except #5. Again Mr. Sargent requested a response if any from the developer. The developer Mr. Hector Fernandez was not present nor was his representavive Mr. Chris Giachetti of Century 21. After substantial discussion regarding the appropriate retail use and delivery concerns it was the consensus of the Commission to request the City Council to address the issue of delivery vehicles and appropriate retail use in regard to future tenants. A motion was made by Mr. George to recommend to the City Council approval of this amendment to the Conditional Use Permit, as presented by staff, seconded by Mrs. Gaines and approved by unanimous vote. Mr. Sargent introduce Item No. 3. Item No. 3. Proposed Amendment to Ordinance No. 245-C. Mr. Sargent requested staff to present their recommendations. Mr. McAllister reviewed the the definitions to be added to the ordinance. 4 u CITYOF CLERMONT M~lNUTUS • DEVELOPMENT: A subdivision or any improvement to land, except the following: (a) A single building of one dwelling unit and any accessory improvements there to, or (b) for agriculture as defined herein. IMPROVEMENT TO LAND.Any change to land or to any structure on the land and shall include any movement or grading of land, clearing of indigenous vegetation, the construction, reconstruction, converture provided, however, that any to a building floor area shall not be deemed an improvement to land. AGRICULTURE. The growing and harvesting, primarily for sale of vegetation, crops, or plants, and/or the feeding and raising, primarily for sale, of livestock and timber production. The definition shall include any normal accessory structure thereto provided, however, the following shall not be included in this definition: (a) commercially owned and/or operated citrus plants, (b) livestock sales facilities, (c) packing plants, and (d) other similar commercial or industrial type facilities. Mr. McAllister stated the adoption of the amendment would basically protect the City from any unnecessary moving of lands, creating of fill, where there exist a lack of a comprehensive development plan. Mr. Mc Allister informed the Commission this proposal. would require anyone wanting to develop property for any other purpose than a single-family residence or agricultural use to obtain a Development Permit through the Site Plane Review process. Mr. McAllister advise the only other change would add the following sentence to Section 26-10. Building and Development Permits: All development, as defined herein, shall be required to obtain development approval prior to initiating development activity. Mr. Howard Barry of 439 Carroll Street questioned the reason for exempting single-family residences. Mr. McAllister explained a single-family residence is not considered "development". After a brief discussion a motion was made by Mr. Evans to recommend to the City Council that Ordinance No. 256-C be adopted as presented, seconded by Mr. DiCamillo and approved by a 7-1 vote. Members Smart, Evans, Gaines, DiCamillo, Sargent, George and Rranz voting aye. Member Smith voting nay. Mr. Sargent introduce Item No. 4 Item No. 4. Request for an amendment to the Comprehensive Plan/Future Land Use District Map. Applicant: Richard Oliver 1754 Morning Drive Clermont, Fla. 32711 Property: 1754 Morning Drive 5 LJ • CITYOF CLERMONT MINUTES Land Use Map Designation: Present ERD-1 Proposed ERD-6 Zoning: Present R-1-A Proposed R-2 Mr. Sargent requested staff present their recommendation. Mr. McAllister recommended denial of the request, stating the principal impact would be incompatable with surrounding ' existing single family homes. Mr. Mc Allister also stated if approved the proposed zoning change could be viewed as spot zoning. Mr. Sargent asked for any response if any, from the applicant or adjacent property owners. Mr. Oliver was present and stated the reason for the request is to renovate the existing carport into an apartment for his mother and father-in-law. Mr. Oliver, referring to possible spot zoning, stated his property is adjacent to property that is currently zoned R-2. Mrs. Juniata Short Hull was present and stated she did not have any opposition to this proposal. Mr. Saunders emphasized that the Comprehensive Plan deals with the future land use of the City. Mr. Saunders also pointed out this property was deemed as single family area by the City Council and recommended denial of this request. Mr. Evans pointed out a zoning change of one lot could be interpreted as spot zoning, which is a violation of state law. Mr. Smith suggested the need for an ordinance which would address the need of "in-law" apartments. Mr. Smith stated he felt there should be some type of assistance the city could offer when individuals are attempting to privately care for the elderly within their homes. After further discussion a motion was made by Mrs. George to recommend to the City Council denial of the requested amendment to the Comprehensive Plan, seconded by Mrs. Gaines and approved by unanimous vote. Mr. Sargent introduce Item No. 5. Item No. 5. Request for an amendment to the Comprehensive Plan/Future Land Use District Map. Applicant: Poynter Construction 295 E. Hwy 50 Clermont, Fla. 32711 Owner: Marilyn Langley 1213 Richmond Road Winter Park, Fla. 32789 Property: City Block BB S 1/2 of lot 11, Lots 14 and 15 less E 300" 6 LJ CITYOF CLERII~ONT MINUTES Land Use Map Designation: Present ERD-1 Proposed ERD-6 and as a permitted use Multi-family as a Planned Unit Development. Zoning: Present R-1-A Mr. Sargents requested staff's recommendation. Mr. McAllister recommended denial stating the predominant land use and zoning surrounding the parcel is single family with an existing mobile home park to the east. Mr. McAllister emphasized that the Land Use Map is intended to be comprehensive in nature and represent the general development patterns of land use in the City. It is not intended to be site specific as this only undermines the values of the characteristic of the predominant land use in the area. Mr. McAllister recommended that this property remain as ERD-1 until such time as a full reconsideration of the status of the area lying between Minneola Avenue, Hook Street and Ramie Drive can be made. A preliminary examination of this area will be carried out by the Planning Department during' the spring of 1988. Mr. Sargents asked if there had been response, either for or this proposal, from any adjacent property owners. Mr. McAllisters stated there had been approximately 25-30 phone calls stating opposition to the request. Mr. McAllister also supplied members of the Commission with copies of petitions and letters from property owners stating their opposition to this request. The following residents were present and stated their opposition to this request; Rose Marie Line, John Fleming, Fred Saunders, Al Ruona, James Dawkins, Millard Coggshall, Chester Calvert and Bill Misuraca. Mrs. Juniata Short Hull and Mrs. Pat McCaffrey were presented and stated they had no opposition to this request. Walt Poynter the developer was present and stated the intent of the request was not to go to the full density allowed in ERD-6, 8 units per acre, but to allow him to request 6.4 units an area which would be permitted in the ERD-6 District, whereas ERD-1 allows 4 units per acre. Mr. Poynter stated he would like to develop 38 units on this parcel. Mr. Poynter also stated he felt a development of this nature would be a good transition from the abutting trailer park into the R-1-A District. Mr. Al Ruona questions what would be the means of ingress and egress. Mr. Poynter stated access would have to be either from Lakeshore Drive or a possible land purchase with access on Bloxam Avenue. Mr. McAllister pointed out that you cannot put conditions on a Land Use Amendment, such as restricting the density of 6.4 units per acres, when the allowable density is 8 units per acre. Mr. McAllister also pointed out that the zoning and 7 i • CITYOF CLERMONT MINUTES land use stays with the property and is not eliminated when there is a change in ownership. Mr. McAllister emphasized if this requested were granted with the understanding that Mr. Poynter would develop with a guideline of 6.4 units an acres. there are no means for the City to hold Mr. Poynter or any future property owner to that commitment. Mr. Smart stated he felt development of the property would be difficult because of the adjacent mobile home park and suggested the requested change would offer a compromise between the R-2 Medium Density Residential District and the R-1-A Urban Residential District. Mr. Saunders pointed out that for the last 43 years single family homes have developed all around the mobile home park. Mr. Evans stated it was the responsibilty of the Commission to follow the guidelines setforth by the Comprehensive Plan and to protect the "Future Land Use" in the City. After further discussion a motion was made by Mr. Smith to recommend to the City Council, denial of the request to amend the Comprehensive Plan, seconded by Mrs. Gaines and approved by unanimous vote. There being no further business, the meeting was adjourned. 1 t John Sargen Chairman ATTEST: ~--- ane Warren Planning & Zoning Technician 8