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11-06-2007 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION November 6, 2007 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday November 6, 2007 at 7:03 p.m. by Vice-Chairman Sy Holzman. Members present were Bill Banzhaf, Robert Boyatt, Bill Gray and Cuqui Whitehead. Also in attendance were Curt Henschel, Planner, Barbara Hollerand, Planner, Daniel Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. David Outlaw joined the meeting at 7:24. MINUTES of the Planning and Zoning Commission meeting held October 2, 2007 were approved as written. REPORTS There were no reports. 1. REQUEST FOR COMPREHENSIVE PLAN AMENDMENT Ord. No. 582-M Small-Scale Comprehensive Plan Amendment (DCA #0752) PARCEL SIZE/LOCATION: Approximately .30 acres, 1230 Hampton Street, between Almond Street and Highland Avenue OWNER /APPLICANT: Bret Jones REQUEST: Change Future Land Use from Non-Established District 4 (NED-4) Residential to Established Business District 2 (EBD- 2) Commercial EXISTING LAND USE: Single-family residential FUTURE LAND USE: Non-Established District 4 (NED-4) Residential ZONING: R-2 Medium Density Residential* (Pending rezoning request to change to R-3-A Residential/Professional) Barbara Hollerand, City Planner, stated that the next three items are related. These items were to go to hearings in September, but were postponed at the applicant's request. Ms. Hollerand stated that the owner/applicant is Bret Jones, and the property location is 1230 Hampton Street, between Almond Street and Highland Avenue, west side of U.S. Hwy. 27. It is on about a third of an acre. Ms. Hollerand said that the first request is for asmall-scale comprehensive plan amendment to change the Future Land Use from Non-Established District 4 (NED-4) Residential to Established Business District 2 (EBD-2) Commercial. Ms. Hollerand stated that the existing land use is listed in the report as residential, but actually the home has been used as an office by the applicant since he purchased it earlier this year. The prior owner also used it as an office. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 6, 2007 Page 2 Ms. Hollerand stated that the current zoning on the property is R-2 Medium Density Residential, but the applicant is requesting a rezoning to R-3-A Residential/Professional. The third request is for a Conditional Use Permit to have an office in an R-3-A zoning district. Ms. Hollerand stated that the applicant owns two commercial properties adjacent to the subject property. To its south is a building at 720 Almond Street (northwest corner of Almond St. /Hampton St.) that is leased as professional offices. To the immediate west of that building is the applicant's law offices at 700 Almond Street (northeast corner of Bloxam Ave. /Almond St.). Ms. Hollerand said that this area of the City has been the subject of several land use and zoning requests in recent years. In June 2002, the Council denied without prejudice a request for a future land use change to commercial and a request for a rezoning from R-2 to R-3-A for the Kingston property at 1225 Hampton Street-across the street from the subject properly. At the same hearing, three requests were made by the Angels of Mercy organization for 1147 Hampton Street, which is immediately north of the Kingston property and across the street from the subject property. In that case, the applicant was asking for a future land use change to commercial, a rezoning to R-3-A and a conditional use permit for an office, daycare and private school. The 1147 Hampton Street request was tabled indefinitely. Several individuals at the hearing expressed opposition to granting land use and zoning changes to existing homes in the neighborhood. Ms. Hollerand stated that later that year, property owner Richard Langley made several requests for his 720 Almond Street property, which is one of the commercial properties now owned by the applicant. This property, directly south of the subject property, was granted a future land use change in November 2002. A rezoning from R-2 to R-3-A was also approved at that time. Ms. Hollerand said that at the Langley hearings, it was noted that an inconsistency in the 1991 comprehensive plan had created an impediment to developing Mr. Langley's property for a commercial use. The property, though having commercial future land use, was not in a district that allowed commercial uses and was not in a zoning district that allowed commercial or office uses. At that hearing, the Council approved the future land use change to move the boundary of the Established Business District 2 (EBD-2) line to include this property and rezoned the property to R-3-A. A conditional use permit to allow for professional office was approved (Res. 1293), and Mr. Langley constructed a 2,000-square-foot office at 720 Almond Street, adjacent to his office building at 700 Almond Street. Ms. Hollerand said that at the time of the 2002 approvals on the Almond Street property, the adjacent property to the north-the subject property-was still being maintained as a residence. The following year, Mr. Langley purchased the subject property. It has remained in Non- Established District 4 as residential property with R-2 zoning. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 6, 2007 Page 3 Ms. Hollerand stated that in May of this year, Bret Jones purchased the subject property and the 720 Almond Street commercial property to its south from Mr. Langley. The applicant has been using the subject property for additional office space for his business. Ms. Hollerand stated that Staff does not support further encroachment of commercial and office use into this block. The existing uses to the north, east and west of the subject property are currently residential. Historically, only those properties with frontage along Almond Street have been granted commercial future land use and residential/professional zoning. Ms. Hollerand stated that Staff recommends denial of the requests for the small-scale comprehensive plan amendment, the rezoning and the conditional use permit. Bret Jones, 700 Almond St., stated that as far as he can tell from conversations with the previous owner, the property on Hampton Street was used from the time he purchased it for the same use he is using it for now. He stated that the property is used for processing closed files and he employs two women there to process the files. He stated he now has a Code Enforcement violation in April because the use is in violation of code. He stated that for at least 4 years, the previous owner used this property for the same use. He stated he is asking for the use of the property as he is using it right now. He stated he is not going to change anything or increase any intensity of the use of the property. He stated that a lot has changed in the past five years since the prior applications. He stated the surrounding properties adjacent to his other offices are currently being used for commercial use. Commissioner Gray stated that it seems to him that the surrounding area is progressively becoming commercial as opposed to residential. Ms. Hollerand stated that residents' concerns are weighed heavily against the request. She stated that a lot has happened in the past five years in that area, but Staff has to base it on the last similar occurrence in that area. She stated that with this particular property, only the properties with access to Almond Street are commercial and this property requires a land use change, a rezoning and a CUP. She stated they just don't have a compelling reason to recommend for approval. Commissioner Banzhaf asked to see the future land use for that area. He stated he believes it is going to be commercial eventually. He stated the whole area should be changed at once rather than piece by piece. Commissioner Boyatt asked about the parking. Mr. Jones stated that it is mulched in currently and he does not plan on making any changes. Commissioner Holzman stated they have other areas in the city where commercial is encroaching on the residential area and he has a lot of concerns about that. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 6, 2007 Page 4 Commissioner Banzhaf moved to approve the request, seconded by Commissioner Boyatt. The vote was 4-2 to recommend for approval to City Council with Commissioners Holzman and Whitehead opposing. 2. REQUEST FOR REZONING PROJECT NAME: Professional Office OWNER/APPLICANT: Bret Jones REQUESTED ACTION: Request to rezone 0.30 acres from R-2 Medium Density Residential District to R-3-A Residential Professional District. EXISTING LAND USE: Residential home FUTURE LAND USE: Non-Established District 4 (NED-4) Residential* (pending small-scale comprehensive plan amendment request for change to EBD-2 Commercial) Commissioner Banzhaf moved to approve the request, seconded by Commissioner Boyatt. The vote was 4-2 to recommend for approval to City Council with Commissioners Holzman and Whitehead opposing. 3. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Professional Office OWNER/APPLICANT: Bret Jones REQUESTED ACTION: Request for a Conditional Use Permit (CUP) for a professional office in an R-3-A, Residential /Professional zoning district. EXISTING LAND USE: Residential home FUTURE LAND USE: Non-Established District 4 (NED-4) Residential* (pending small-scale comprehensive plan amendment request for change to EBD-2 Commercial) Commissioner Banzhaf moved to approve the request, seconded by Commissioner Boyatt. The vote was 4-2 to recommend for approval to City Council with Commissioners Holzman and Whitehead opposing. 4. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Murphy Oil @ Wal-Mart OWNER: Wal-Mart Stores Inc. APPLICANT: Kimley-Horn and Associates, Inc. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 6, 2007 Page 5 REQUESTED ACTION: Request a Conditional Use Permit to allow a gas station and convenience store within a PUD / C-2 General Commercial Zoning District. LOCATION: Northeast corner of U.S. 27 and Johns Lake Road PARCEL SIZE: 0.6 acres +/- EXISTING ZONING: C-2 (General Commercial) EXISTING LAND USE: Gas Station and Convenience Store FUTURE LAND USE DISTRICT: UD-9 (Undeveloped District 9) FUTURE LAND USE CLASSIFICATION: Commercial within Mixed Use Classification II Curt Henschel, City Planner, stated that the applicant is requesting a conditional use permit for a gas station and convenience store located within the Wal-Mart development. The Murphy Oil gas station is an existing gas station that was originally planned as part of the overall Wal-Mart development. At that time, Wal-Mart did not plan on selling the property that the gas station resides on. Now, the Murphy Oil gas station is requesting to purchase the property it resides on and is requesting an independent Conditional Use Permit to separate it from the original Wal- Mart Conditional Use Permit. Mr. Henschel stated that the Murphy Oil gas station and convenience store is not requesting any physical changes to the site, buildings, or signage; this Conditional Use Permit will serve to simply separate the Wal-Mart Conditional Use Permit from the Murphy Oil gas station. Mr. Henschel stated that Variances will be required to create this modified parcel since it was not created like a typical outparcel. The variances required are: • A parcel without right-of--way frontage • A request for off-site signage • A reduction in the perimeter landscape buffer • A building setback for the existing canopy Mr. Henschel stated that Staff believes this development is consistent with the uses in the area and recommends approval of this Conditional Use Permit request for a gas station and convenience store with the following conditions as listed. Trisha Rothe, 601 21St St, Vero Beach, stated she agrees with staff's recommendations and is here to answer any questions. Commissioner Outlaw asked what agreements Murphy Oil has with Wal-Mart in reference to the maintenance, and maintenance of the easements and so forth. Ms. Rothe stated that they have an ECI Easement and Covenants document that will be recorded between Murphy Oil and Wal-Mart as soon as the ownership is transferred. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 6, 2007 Page 6 Commissioner Whitehead stated that she has concerns about the off-site sign variance they will be requesting. Mr. Henschel stated that if this CUP is approved then this parcel will be considered a separate parcel which will mean the sign would be considered an offsite sign, but they are not looking to have any further signage. Commissioner Banzhaf moved to approve the request, seconded by Commissioner Gray. The vote was 5-1 to recommend for approval to City Council with Commissioner Outlaw opposing. There being no further business, the meeting was adjourned EST: ~~ Rae Chidlow -Administrative Assistant