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12-12-1978 Supporting DocumentsCITY OR CLF.2IIONT MINUTES ILRCULA J11,L1'I:NC A Siegua.ar Moating of Cho City Counef_l, of the City of. Clormont was hold in the Council Chamtbcrn on Tuesday, Documbur 12, 1971" 'tile nluot1Il8 wan called to order nt 7:30 P.M. by Acting Mayor Carlisle A. Byrd, Jr., with the followingniembors present: CUelci.hme❑ Schroedel, Honey, Cole, and Smoak. Other officlain preheat wuro: City Msnnl;ar 'Tiffany, City Attorney Baird, Plnnnce Director Sanchez, ISu1..lding Offtclal Nagel, and Chief of Police Tyndal. Others present were: Mondamen Smith, .tones, and Look; Mr.. & Mrs. Bob Ray; Reverend & Mrs, W. M. ['color; Messrs. Wertz, Jackson, Czech, Sargent, Sokol, Searles, and W.Llcox. The invocation wart offered by Reverend W. M. Peeler, followed by repeating of the Pledge of Allegiance Is unison by those present. The Minutes of the 1(e}1,ular Meeting held on November 28, 1978 and of the Special Meetings held on December It, 1978, December G, 1978, and December 7, 1978 were approved as written. City Council, Peeler fora Variance to Section 2G-21j(E)t(t2)(3)ent,c11-1 URBAN RESIDENTIALIDISTRICT ReverentI-WSIDE YARD AND REAR YARD SETBACKS and Section 2G-19 (B)(2) R1 AA - RESIDENTIAL ESTATES - PER- MIT"1'ED USES of the Zoning Ordinance in order to construct an accessory building on his Property described as Lots 17 and 19, Block 108, Indian hills Subdivision (corner of llth and Chestnut Streets). Reverend Peeler a pp appeared before Council in support of his request advising of his desire to construct the accessory building prior to the construe- tion of his residence; That the building materials he has purchased cannot be stored in a smaller building; That he will be commuting while building his residence and must have a safe place for their storage that can be locked and secured; and That in order_ to construct a building of this size he would penetrate the rear yard setback by 18 feet. (' Mr. Buchanan, Mr. Roberts, Mr. & Mrs. Wilson, and Mr. & Mrs. Keen, abutting�. property owners to Mr. Peeler, notified Council, in writing, of their support of Lhe variance, and following inquiry from the Chair, there was no one present who voiced objection. Motion was made by Councilman Smoak, seconded by Councilman Cole and ranted carried that the request be -'? VISITORS WITH BUSINESS Mr. Jimmy Lee Jackson appeared before Council at the request of Mrs. Esther Lou Dority 1 to seek assistance in the rezoning of property on East Montrose Street in order to re- retablish her business, the Kozy Kastle, and to seek the cooperation of Council in relieving the no parking restrictions on East Montrose Street, which are having an effect on his business establishment, and which in his opinion, were not caused by patrons of his establishment but by the loading/unloading of school buses and citrus crew buses. With regards rezoning Mr. Jackson was requested to advise Mrs. Dority to contact City Manager 'Tiffany to obtain the necessary forms and procedures to follow for rezoning requests. , With regards parking on East Montrose Street-, City Manager Tiffany advised that numerous complaints had been received from property owners in the area concerning their inability to obtain access to their properties due to the traffic congestion on the street during several hours of the day, and that it concerned the City because ambulance and fire equipment could not quickly penetrate the area if the need were to arise. Following considerable discussion of problems created and solutions for same, it was the suggestion of Mayor Byrd that City Manager Tiffany, Chief Tyndal, and Councilman Cole study the problems and possible solutions for report back to Council. Mr. John Sokol appeared before the Council to seek clarification of an ordinance providing. for straw ballots and initiatives wherein a petition can be made to make Council action mandatory, and to seek written procedures to follow for the initiation of the petition. It was the opinion of Mr. Sokol that the Ordinance provides no explaination for these types of petitions. It was the consensus of the Council that any citizen can petition a change in the City Charter, the framework of the City, and that it would be binding on It®II�II�C1I�t�®ae _ CITY OF CLERIIONT MINUTES the City Council Lf it won pofiaed fit n roforrendum, find Clot the Stfite ConatItilt Loll providen proccdureo for theuu patltl.o❑a. CCTY ELECTLUN Mayor Byrd reported that 955 ballots were cost in t:he General City Election held December 5, 1978, and wLrhed to uxproou hLa apprecintion to a11, citizens who voted, to express his congradulat Laos to those persona elected to the Council still to those candidates in the General Election Run -Off to he hold December 19, 1978. COOPER MEMORIAL LIBRARY Councilman Schrocdel., 1.1niso❑ representative to the Library, reported that the library will be closed on December 23rd and 25th for the holidays, that the Library had recently purchased a movie projector and are offering it to responsible personer/groups for the showing of films of Clermont in past years; and That they have a new service wherein jigsaw puzzles can be chocked out .like books. CHRISTMAS PARADE It was the suggestion of Councilman Honey, and Council was in agreement that written appreciation be extended to Mr. & Mrs. William Delaney for their work and leadership in making the recent Clermont Chriatmas Parade possible, and also convey their appreciation to the VFW for the flags that were placed along East Avenue. GREEN SWAMP Councilman Smoak reported that lie had attended a meeting of the Lake County Legislative - Delegation concerning Green Swamp and that he had asked the Legislative Delegation to investigate changing the boundaries of the Green Swamp delineated area of critical state concern to exclude the City area of influence as outlined by the City in the City and County Comprehensive Plans, and; That the delegation was effective in getting a rider attached to the bill which states that an ad hoc committee would be formed from both the House and Senate. lie further asked that citizens write to the Speaker of the house, Mr. Myatt Brown, and request that a member of the Lake and Polk County Delegations be appointed to that committee. SIDEWALK MASTER PLAN City Manager Tiffany presented the recommendation of the P&Z Safety Committee regarding sidewalks as originally submitted to the City Council on December 20, 1977. He advised that the highest priority sidewalk (DeSoto from East Avenue to School Street) had been - constructed at a cost of $7.93 per foot; That at their December meeting, the P&Z Com- missioners unanimously recommended that the sidewalk master plan be officially "adopted, funded, and implemented"; That there is approximately $500 remaining in the current budget,-. for sidewalk construction appropriation; and That to construct the next priority segment, Bloxam Avenue from SR50 to Highland, would require Council authorization to spend approxi- mately $1,000 additional. Planning & Zoning Commission Chairman Ray appeared before Council to adivse that con- siderable study and time was extended toward this plan, and it was desirous of the Commission for Council to give the plan a "stamp of approval" and proceed with sidewalk construction. Following considerable discussion concerning funding, implementation, and priorities motion was made b llayer B rd seconded by Councilman Cole and carried that the Sidewalk Master Plan as prepared by the P&Z Safety Committee be accepted as a workable document, to be updated and amended in house annually; That construction of the next highest priority_ monies -available and anticipated and alternative methods of funding for report back to Council. CITY OF CLE NIONT MINUTES C1.'fY ENTRANCE LANDSL'AI'ING City Manager Tiffany prencntod n proponed inndneape and uigo plan for the major City cnerancen on IlLghways 50 and 27. IIc ndvined that tilt lnndnenpe-ul.{;sing treatment would replace the large Painted entrance nlgnn; That Lnntnl.lntion of: tilt! U827 north and uouth and SR50 cast entrances would he catnpleted first, followed by SR50 went when highway construction is compleLe; That the estimated coat for each entrance would he $550; and recommended that Lhe p.lnn be accapted and authorized. M2L12n was mn(2 by Councilman Smoak seconded by Councilman Ilancy and carried that the City Managers recommendatlon be accepted. APPOINTMENT OF INTERIM CLTY MANAGER DOT MAINTENANCE AGREGMGN1' AND RESOLUTION Mayor Byrd presented a Department of Transportation Maintenance Agreement and Resolution for the proposed flashing beacon at the SR50/SR561 intersection. Motion was made by Councilman Smoak seconded by Councilman honey and carried to decline approval_of the maintenance agreement and resolution at this time and requested that further traffic surveys of the intersection be made during the most heavily trafficked months of the ear, January through march; That the Council be furnished with results of counts so far made and with the criteria used to determine warrants for full signalization of this intersection. It was the consensus of Council that the present elevation of the inter- section causes much local traffic to avoid crossing SR50 at SR561, and after elevation is corrected during construction, a significant increase in traffic using this route is expected, thus warranting full signalization. LITTERING It was the recommendation of Councilman Smoak and Council was in agreement that the City Attorney investigate and report the city's ordinance concerning littering and the authorities given to the Police Department for enforcement of the ordinance. SR50 - TRAFFIC LIGHTS AND SPEED LIMITS It was the recommendation of Councilman Smoak and Council was in agreement that the City Manager investigate and communicate with the DOT to synchronize the traffic control lights - on SR50. City Manager Tiffany reported that the signals had not yet been accepted by the State and that there now exists a differential in speed limits through the City. It was further recommended that the City Manager communicate with DOT to consider a uniform speed of 40 MPH through Clermont. ZONING PROPOSALS City Manager Tiffany presented the following memos to Council as a status report on the Planning and Zoning Commission's work: (1) Rezoning Proposals", (2) "Proposed Zoning Amendment Changes" and (3) "Criteria for Rezonings", and advised that the "Proposed Zoning Amendment Changes" were submitted as a unanimous Commission recommendation after many months of study. P&Z Chairman Ray appeared before the Council and explained a map showing 30 key areas that are proposed for rezoning consideration and reasoning behind these proposals. She further reported that recommendations made on the map are not based on the current zoning regu- lations, but are based instead on the "Proposed Zoning Amendment Changes" draft. Following presentation and discussion, Mayor Byrd called a joint City Council/Planning and Zoning Commission work session to be held following the regular P&Z meeting to be held Tuesday, January 2, 1979 at 7:30 P.M. in the Council Chambers in order to further discuss the proposed zoning ordinance changes. Adftk jdk CITY OF CLENIONT MINUTES SPI'sCTAI, 1`1HET1NGS Mayor. 11yrd called it Specia.l. Maetfn), of the CILy CouncIA to be held In the office Of the City Mlnnn);er on hloa(1ny, December 18, 1.978 lit 5:00 P.M. to prepare the Ballot Box for the General. Iilectlon Run -Off to be held on Duceinbor 1901. Mayor Byrd called +1 SpeeLa.l Meeting of the City COunCIL Lo be held 1.11 the office of. the City Malinger on Wednesday, December 20, 1978 lit 10:00 A.M, to canvass the ballot: of the General Elactlon Iiuw1-Off and declare the Ilesults. HIGHWAY 50 It was the recommendation of Mayor Byrd and Council was in agreement: that the City Manager communicate with DOT concerning the following traffic hazards on SR50: 1) 'file northbound traffic on Fifth Street approaching the new left turn lane at SR50 cannot see Lite arrow marking the Lurn lane until it is too late to change lanes. A second painted turn arrow is suggested; 2) The new center line on East Avenue north of SI150 appears to be closer than necessary Lo the east side of the road; and, 3) The southbound traffic crossing SR50 on East Avenue is forced by the new curb on the southwest radius to merge toward the center of East Avenue too quickly. ORDINANCES/RESOLUTIONS CODE OF ORDINA I'he Ordinance was read for a second and final reading by Deputy Cleric Smith, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Cole, Schroedel, Smoak, Byrd, and Honey. Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the number of 114-M assigned to it. Councilman honey offered and moved the adoption of A RESOLUTION OF THE CITY COUNCIL OF _.._ ___.. .... ... ..........m ...,,...,mo n, nn rnn—AMITMr_ A rnmT)TTNWAI. TIRE. PERMIT TO USE AN The proposed Resolution was read in its entirety by Deputy Clerk Smith and an hat the e next REPAIR CLAIM Councilman Smoak presented a November 30, 1978 letter from Mr. Horace C. Mann regarding a repair bill for $80.60 for repair of his automatic ice maker. Mr. Mann advised damages to his ice maker resulted from the varying water pressures. City Manager Tiffany reported that the claim had been referred to the city's insurance carrier for review. It was the recommendation of Council that all facts as reported by Mr. Mann in his November 30 letter` be investigated and that Mr. Mann be so notified. CITY OF CLERMONT MINUTES Thom boing no further buulnonn Lo be brougbL before Council aL Lh1e t1m0, Lh0 moCting wnn adjourned by ?tayor Byrd nL 10:10 P.M. %1 ACTING MAYOR CARLISLE A. BYRD, R. n J(VYl nhYn:i�n --DEPUTY CLERIC JAN SMITH TO: City Council PROM: City Manager SUBJC•CT: City Entrance Landscaping DATE: December 7, 1978 Several months ago, Landscape Architect Joe Knight prepared the attached landscape and sign plan for the major City entrances on Highways 50 and 27, The plan uses a variety of low maintenance plantings arranged around a "natural" wood welcome sign about 4' x 6'. This landscaping -signing treatment would take the place of our large painted entrance signs which are in need of replacement. They would be placed at the point on each road where the first view of the City is evident, not necessarily at the city limits. We would install the US27 north and south and SR50 east entrances first, this year, followed by SR50 west when highway construction is complete. The plan was developed as part of the P&Z Community Appearance Standards Committee's work and has the unanimous endorsement of the Planning and Zoning Com- mission. We propose to use signs similar to those recently installed at the City Hall for $335 each. Landscaping would cost about $200 per location, plus labor _ and upkeep. Gordon Tiffany cc: City Clerk (12/12/78 Agenda) a . 0 k W 0 LEGAL NO'ICK, Pursuant to State Law notice is hereby given that tit(! City Council of the City of Clermont, Florida, sitting au a hoard of Adjustment, will (told it Public Hearing In the Council Chambers located on the corner of West Avenue and Ile Soto Strects on 'I'uvadny. December 12, 197B tit approximately 7:30 P.M. for the following purpose: To consider a request by Mr. 41. M. Pecicr for it Vnlrnnev to Sectlon 26-21 (1-0 (2) (3) (R-I URBAN RESIDENTIAL DISTRICT- SIDE, YARD AND HPAR YARD SETBACKS) and Section 26-19 (11) (2) (RIAA - RESIDENHAl. IiS'l'A'I'I:S-I'IiRMI'1''1'I?U USES) of the Zoning Ordl.nnuce In order to construct an ncceasnry bellding on his property described as: Lots 17 and 19; Block 108; Indian 11111s Subdivls.lon (corner of Chestnut and Eleventh Streets) Clermont, Florida All Interested parties will. be given an opportunity to express their views on the matter. Dolores W. Carroll, City Clerk CILy of Clermont, Floridn December 7, 1978 CITY OF CLERMIC NT P.O. BOX 219 • CLEBMONT, PLOSIDA 32711 o PRONG 904/3944OF71 December 1., 1978 RR; LOTS 17, 19, 11LOCK 108, INDIAN HILLS SUBDIVISION (corner Chestnut and llth Street) Dear As an abutting and/or adjacent property owner within 150' of the above mentioned property, you will please be advised of the attached described request for Variance that shall be considered by the Clermont City Council, sitting as a Board of Adjustment, on Tuesday, December 12, 1978 at 7:30 P.M. in the Council Chambers. All such requests are considered in Public Bearing, and you are invited to be present to express your views on the matter. Sincerely, DOLORES W. CARROLL City Clerk DWC:ja Attachment(s) PROPERTY OWNERS FOR PEELER VARIANCE REQUEST Marcellus Buchnnnn 43 Ridgeway Sylva, NC 28779 Alfred Miller 1066 Linden Clermont J. Rex Nilson 1078 Linden Clermont Karl A. Proctor 1084 Linden Clermont Harold Roberts P. 0. Box 845 Clermont Ella Sheldon 1102 Linden Clermont Anne Black 1140 Linton Clermont Jesse L. Madden Rt. 2, Box 148 Clermont Elmer Wilson 1098 Chestnut Harold Roberts 1115 Chestnut Clermont r rll y KGV. W. ( I" �2 TO !ONiNG BOARD OF ADJUSTMENT U CHURCH . ..,, OF TIIt'CiTY OF CLERMONT, FLORIDA II Y()O 111)N'I KNOW NO - YL U IIAVI MISSI II NL)IIIIN4 APPLICANT II YI 111 W N'I W AV 11 SLIS, YI11) I IAVI MISSI I) I VI HYMN(; NAME: W. 14. 1,eolor ADDRESS: 504 4!. 21st St'reni; AlI 111N Aft ih)"." NNN 711 S114111 'I i'l111 Nl. 'll '��r/51)11 NANI. CIIY, iln.OW', llade City, P'la. 33525 Gentlemen: Having posted the necessary $25.00 appeal fee with the City Clerk, I hereby make application to your Board for relief from a decision of the Building Official of the City of Clermont, whereby I was refused permission to: Repair ( ), Add to ( ), Alter ( X), Construct ( ), Move and Place ( ), a I(r1Q)M building on lot/s_17� 19 Block 108 Subdivision Indian 1il].'ls , Address Chestnut & Plevonth Stroet ,Zone 26-21 (E) (2) (3) Section of Code 76-10 (11) (7) in the City of Clermont, Florida, The reason given by the Building Official for the decision in refusing to issue a building permit is: Penetration of side yard of six inches (6"). Penetration of rear yard eighteen feet (18'). Also accessory buildings not not permitted prior to the principal building. My appeal to your Board is based on my contention that this decision creates a hardship on me for the following reason, or reasons: The building, materin]s that I h,.ve purchased cannot be stor od in a smaller building and since I will he commuting, while building my, y residence I must have a safe place that can be locked and seclzred. Seven (7) copies of all necessary floor plans, plot plans, and other pertinent infor- mation are attached hereto, on paper size 8z" x 14" minimum size. I submit that I qualify for this variance because I have an exceptional and unique hardship on my particular parcel of land that is not shared by property owners in my area. A strict application of the zoning ordinance deprives me of the reasonable use of my land and the granting of this variance will not alter the essential character of the area. I have been notified that this Variance Application must be filed with the City Clerk no later than 5:00 P.M. on Friday, two (2) weeks prior to the Council meeting at which time Variance will be considered. I also understand that when any variance is granted, construction;: of the structure must be completed within one year from date of grant. Date: November 27, 1978 Very truly yours, 5/17/77 CITY OF CLERMONT, FLORIDA DEPARTMENT OF BUILDING INSPECTION #1 WEST GATE PLAZA 394.4001 APPLICATION FOR PLAN EXAMINATION AND BUILDING PERMIT IMPORTANT — Applicant to complete all Items In sections; 1, It, /it, IV, and IX, It , AT ILaCATI0N1 tarING UISTNICT 1N°�1 "'"" LOCATION OF 9CTwCEN AND Ittae .ntsPil 1-1. Pitt") BUILDING _ ,,/ SU9vIVISMN 1•II116 IO �ZL2d.-L(!/1 LOT �L7./� nl.oct� ._a'ie II, TYPE AND COST OF BUILDING - All applicants complete Parts A - D A. TYPE OF IMPROVEMENT D. PROPOSED USE - Fer ,w—hine" man r.am u.• I q(I Ns. bullJl"g Rnldentl°I Nomnldtntlol 2 A1dllian(I/ NI rr n",oher 12 �� On. (emlly 19 Amm.menq ruuoaonol ul Pine b), 1)) unitr nddrd, 1l m'y' In Pun O, 1 Jl _ 13 LI �j Two or met. Ismll -linter 19 Church, o1Mr n11 I s L._J �--� eau r 3 U Alb,au.n (See 7 "bovrl number n/ unit, .. _ _ y. 20 Indvurld U 14 [] T—.1-1 hold, 4 LI Repair, r•ploesmenl meet, 21 [] P.,binp gor.9• dormitory linter 50 W—kluv (Itmull!/mnfly rrridrnliol, ° - rmrnl,rr of units ------- - -►__ 22 [I S•rrlce .tall on, ....1, pomp. vdrr number o/ units in building in 15� Gouee 23 0Ho.pl lei, Inultutl.nal 1'en n, ))1 6 U Muving (rslacatlon) 16 0 Carport 24 n Olha, b.nb, prole.)anal 7 n F.undanon only 17 ❑ Other - SpeoifY 25 ❑ Publle utility 26 [_ ] Scheol, library, oPh., .du 11-1 27 Store, .....nn1e B. OWNERSHIP 9 Prlval. (Indsvlduol, earpo1o11 on, 20T-It., la..r. nenpralit In.tllutl on, etc,) 29 9 171 Public (F•dsr.l, State, or local pav •Pit) C. COST (Omil rents) N.— ldenllol - D.—Ib. in daeil p,ap... d ... of buildlnps, e.g., food 10. Co., of improvm..I......... ...... b• p=.I,g p1.n1, mochine shop, foundry bulldlne al hospital, •I.m.nlar shoal, .•condery school, call•e., parechlal school, p•,klnp ease. Is,. 7'u hr inst"tied but nut Inrludrd d.panm.nt Pier., untal e11 b.1ldl Pip, olhn building al Indu.4l.1 plant. II u.. of •. Lllnp bvl ldinp Is h•ine than e.d, sm., prop...it u.•. inthe obmm ro.n a. Ebn0-1 ...................... d67 b. P1.41ng ...................... �N e. H.etine, of, co"diNanine......... AlOde d, Olh.r(.I... lo" •te.)............. s 3.i0a'.0� 11. TOTAL COST OF IMPROVEMENT Ill. SELECTED CHARACTERISTICS OF BUILDING - For new buildings and additions, complete Parts E - L; for wrecking, complete only Part J, for all others skip to IV. E. PRINCIPAL TYPE OF FRAME G. TYPE OF SEWAGE DISPOSAL J. DIMENSIONS 301^j M... u, (.oil b.erinpl 40 n Public or p,ival. company 48• Numb., of .Jeri.. ................ 31 L_] Wood Ira.. 41 [ _] P,Iva,. (..pllc tonb, .I..) 49. Total .quote I•n of floor arse, all floor., 6os.d on •.is,I or 32 [� So— ... I .,..Idlm.ndon ...................... 33 R.IM.... d c.—.1. H. TYPE OF WATER SUPPLY 34 1_ I Olh.r - .Sp,•rify 42 Public or privet. c"mpaay 50. To,.) lend ..... .q. It............ 43 f j P,Ivo,s (..dl, col.m) K. NUMBER OF OFF-STREET PARKING SPACES 51. Enclo..d....................... F. PRINCIPAL TYPE OF HEATING FUEL 1. TYPE OF MECHANICAL 35 I Go. N,9 A16 Will th— b• central air 52. Outdo... ........................ 3G Oil condulonineT L. RESIDENTIAL BUILDINGS ONLY 371 . I Cl.cuicNy 44 I:1] Y.. 45 No 391-) Cool 53. Nvmb•r of b.d................... 39 �. _.� O,l— - Spet fly Will the. b. on •ls ior? J Full.......... 461_] Yu 471X No 54. Number of bothroom. 1 P°nlei........ INTIFICATION - To be completed by all applicants No.. Mel line oddrese - NumFrr,.ImrL ilY� and Ylulr 7.IP cod, Leo... CoNwsrer 7, Ar611r0 er -- Lnelnrrr The owner of title building and the undersigned agree to conform to all applicable laws of this jurisdiction, Slene .Iof aPoll c..I Ada,... Apoil DO NOT WRITE BELOW THIS LINE on V. PLAN REVIEW RECORD — For office use Plon. Review R• uired e Check Plan Review Fee ale P •ne 5sert.d By Date rov.d pP By Noln BUILDING $ PLUMBING $ MECHANICAL $ ELECTRICAL $ OTHER $ VI, ADDITIONAL PERMITS REQUIRED OR OTHER JURISDICTION APPROVALS Permit or APPr oval Check Dole Oblolned Number By P.-It or Approval Ch.c 0Dole 61a( ed Number By BOILER . PLUMBING CURB OR SIDEWALK CUT ROOFING ELEVATOR SEWER ELECTRICAL SIGN OR BILLBOARD FURNACE STREET GRADES GRADING USE Of PUBLIC AREAS OIL BURNER WRECKING OTHER OTHER VII. VALIDATION Building Permit number Building Permit Issued 19 Building ParmiI Fee $ Approved by: TITLE II i & r-GA7 ----.--- _ �mm_27<0N /C .-_ &I-Rg- - ....... __.....__.. _. -.- __.----.1✓f},�L__ �8x.8X l(o--_�o.N�2.Er,E_B�.oLK�S _ __- --- Te.uss.mae `�/fE�Tx/✓G_ _ C�__A _ �f PAS' ?au o0 _ RAF _mff�2H�/✓N__ %� --_. - � -__ __. _.-_ fi �,�; -- -- - o 41 ir��tiYl1M1� 5-WeaC COLVII o/ o Ltltidd ufflee Cf t1ie !blilclel '--lltto-ey //�� ri C J�latztcl• M ADC6LLN0 DUONANAN �/z lz tl L'tl! /U 1Cia D I,TnICT ATTOnN tY SYLVA, NORTH CAROLINA 20779 21 November 1978 Mr. Harvey Nagel City of Clermont Clermont, Florida 32711 Dear Harvey: Mr. w. M. Peeler who purchased a lot from me on the corner of Chestnut and llth Streets proposes to construct a building on the rner of constructedChestnut dlunderstand that lbuilding will closer to linethanthebuildingcode bepermits. Please be advised that I have absolutely no objection to Mr. Peeler constructing this building and I recommend that he be - given the variance he has requested. Looking forward to seeing you when I ge+-,b�i�-zk to Florida sometime in December, and with kindest ppee=on�l"regards, I remain, us Bucha an MB/es cc: Zoning Board of Adjustment City of Clermont Clermont, Florida �orvr,oc�i �2a•�vLc��� LL%2ricF�c� fly �-- (,(/�yt-(j14L Cfl" /%lCL�.(. �Q•tG (�2�-1 i ' �' i�2t7/1(Aiz Cr.e'.(otrJ �te 7t¢.<.� ��itur'�.e�.Lc. CQo�e1.e%u�C lam t-lu 4zuer CLf Me/ G' �wc-Nyud �Lfiitc chi 1004 1,11Won, 11, Z011111j,; 130!wfl of "v'rl We the urldovnif.ririd pr1rici7ij,L P. R. y, 11 al'o „Ifvl to allow tIlc' 11011 fItl'uCtIll- (10S.I.Ved by Mr. Find Dirri. (Rev. W. M. Pordov) on their pi-01,1(it,ty sadjace'lit to oLII:.,,j fit 1034 Ydnclon, St. Oincerrily, _Q9 ^9- 0? /7, MAOC[LLUO OUCHANAN ourmcr A11.... I 0 0-claL cou"t Uf '�UiELCr Of de of blie !Nlilld =41dfo+nef 13fa-'a f, ' uUdlciac �cstz�t SYLVA, NORTH CAROLINA 20779 21 November 1978 Mr. Harvey Nagel City of Clermont Clermont, Florida 32711 Dear Harvey: }. Mr. w. M. Peeler who purchased a lot from me on the corner of Chestnut and llth Streets proposes to construct a building on the corner of Chestnut and llth. I understand that this building will be constructed closer to my line than the building code permits. Please be advised that I have absolutely no objection to Mr. J Peeler constructing this building and I recommend that he be given the variance he has requested. Looking forward to seeing you when I get-bapk to Florida sometime in December, and with kindest personal regards, I remain, z> MQ�Siy�zCyy. M rcellus Bucha an MB/es cc: Zoning Board of Adjustment {, City of Clermont Clermont, Florida Jenetui 676uat of ' u-Ude Jfflde of /, the Metaled 4ZA11fotney MAn CCLLUB HUCNANAIJ tle�� /udiclar '/ TL1tZLCE OlaIrIICT ATTOIIN 6Y OOO SYLVA, NORTH CAROLINA 20779 21 November 1978 Mr. Harvey Nagel City of Clermont Clermont, Florida 32711 Dear Harvey: Mr. W. M. Peeler who purchased a lot from me on the corner of Chestnut and llth Streets proposes to construct a building on the corner of Chestnut and llth. I understand that this building will be constructed closer to my line than the building code permits. Please be advised that I have absolutely no objection to Mr. Peeler constructing this building and I recommend that he be given the variance he has requested. - — - --- Looking forward to seeing you when I get k to Florida sometime in December, and with kindest pens na1 regards, I remain, MB/es cc: Zoning Board of Adjustment City of Clermont Clermont, Florida Sin ly, �9 us Bucha an RECEIVED f,.: 2 4 %s TO: City Council FROM: City Manager SUBJECT: Sidewalk Master Plan DATE: December 7, 1978 Attached is a copy of the recommendations of the PR Safety Committee regarding Sidewalks as submitted to the City Council on December 20, 1977, At the time that this report was discussed, the Council authorized construction of the highest priority sidewalk (DeSoto from East to School Street) and requested that costs be reported. These figures were reported to you in my October 6 Weekly Memo as $7.93 per foot ($2.06 materials and $5.87 labor). At their December meeting, the Commissioners unanimously recoimnended to the Council that the "sidewalk master plan" be officially "adopted, funded, and implemented". There is about $500 remaining in our current sidewalk construction appropriation. To construct the next priority segment, Bloxam from SR50 to High- land, would require Council authority to spend about $1,000 additional. Other recommendations in the "master plan" include adoption of an ordinance, study of funding options for sidewalk construction, and requesting the School Board to construct sidewalks around school property. �vr Gordon Tiffany cc: City Clerk (12/12/78 Agenda) IIIS!L;".L''`1��-1'I"•I;';''I: 'i'!': aAlv1:4:Y JtI1�lXI14N.['I"1'6;t; .'.IIV.Y AN 1) UUOYI i'hn.�� I•r^nen1, u!, tln• I�, Ll�brr ?�': 171'f : ^•IJuI; rrarvl bit•. 111i11ts Sul.liva.n, chlll.ru,scnl ;r. �;t,L. !, :"w'- , 'I .: 1,�„irl,.yr :. 1.. •6 .cyth^, and I..r•. i7tIvlun TII%%iny., �1',.,,,;I•, �., ..rv. n •,.I, 1.,•,L,;Lricu. rtri ia.qullit- tra.fficl. �L:.�,, :f I r. .:.' :.i.- -t;l. t�,inii �l.l,.n _�� L'•� �..I :hLL� dlatrl}�ul,lur:, prG.• �r vL.-d L. 'v :; L:. ,.. , ., .. � �:: .., �n,.c'i tGr .. �:i;, 1,^'• i•"••la ....f ldrllt ill U:Uk!f.{; {I:1 i,tn It.I C Al_; it II_ Af. l i :y ?_! :If1• CITY vinl; L1,m11 fl'or.: roadway' 1, uafr V',1,ic'ul ,r vi 1iLi I ity by rer,.oving pcdcatriant; from raadtt ;) Pr-wl:,le for ,,frty of whe!1,•h.:ir :aid hw,dloalped peiontrie:nc by pro e.i;ii.r,t; r.:.l:n either than ;.tep at curboida of intersecti.ono of heavy'; as by ti:L•Gr: p%•ru!•:::r Li_:.Lsd or rtntricLive z ri:i,i :,.lon; n:rzur c:trr.cto of h,wly traffic' j) '1'o L:nurr ti:e I"uctl 1, r,1, nilkc, :Ilan;; rv:•.r;; mlI ctor t sit'ntr, the city L:: (:+idC•';talk ma:itc1, plan" I -.i:: GI awl Iti;;hway I'v"ve l'loxx: .1vtllue 6.innchuha ,,vonur :ilivfuy 'iO S.u; t .:i'ouao 11.L,a1._xi nver'u^ -from cneL to Bl.oram FifWl 3tree 4rmtro❑c Urcet -f'rum nth Lo 12th 1,L,IiL11 Utrcct -from l;ant to th Avon.IC tc, Hill-4t: li....•1 f I.tl .,.rCCt CITY: Adopt ordil::mce (si:�il ar Lo r..istinL; subdiviclon ord.) aUeh requires ::a a con]LtiOn of icsu:mce of ccrtLficatc of occupandy the construction of (r,.t;ru mid) oiderralko alone ally of the above named collector o'treets and ::lonL ,a,y str<•cts whcreiu them are ezLatinL; sidewalks. (Thiscon ,pt c,, ,d, all;() Lt extended into caly request.+ for remodelinC or sut- ol;anLLal rcp!lir of exiotinL; prop.rty --in order to insure oor.for.maticc to Lilr, "cLdcaalll ;aaatcr plan"). Cc,!.a.idcr the Icoot effective, fair, and cxpediunt ®cthod of finm'icing th nece:c:u'y si.draaIh construction progrx,. Necommf.nd to the School Poard of Lake County that it particip.te In c;Ld,.vialk construction program which completes tli? installation of aide- n:.lka alal.v the, r•olidways of ell :xhool propertic 'nithin the city. _ it .,1) ,,.t;l,f lr ulllnuru/t r �It@,r).1,..,liU,t'tCIL'; l.i ,,,� _� r... r i i�). I „l_.1•, 1..Y -. o L. i f' .Uliliir'Pam: .rL(i� ;:i Y I:h; CL I'S't 1,t•1.vt'.LIS 11 1'�;,in m••ti::urcu L+� i.'i,:^i.�n�t ',I,� L.'..�.,vriug rtarnl,rucU!;:nt (2,60U) {,) Ilo>a, Avnioio lick., 11:•,y ;�U to Iil,,11,j,nd Ave St. �1rrJ'j:)j I) ilL;:i;ld,d At�ru f.au �lorum to k�ust (3�r)UU) AND ,S;r❑I, Avc 1'vor, 1!rr.vi St, to illy jU (301j)—:f'tr;t lntnr. cons o) IIuoY. lar^-pl; I'ruu; Pi; '.:r cant to 1.}dcukorr O00)� f) I;Lni.rVudri Av�ncc• (L .I<c liil;hl+.ndo) from Sast to Drew (4UUj ���,� ,il.�i �)�`�l�lj �� ��111 ' t 1. , jf 1£� r+, rfA ��� I .}+�{�Y�f��n�f �� •��py'�t+�'��4, I 1 F rr i` i . t1 i ' I ��ilq • t r G Cedsatri sn Snfr. L,% K,Lnu rr:r. '� �j t; 1) 1{i,inwuJY.s li) L'u,au 'lrs:neh�rLuticn !p l �' U) llon!,+•.ctl.en l9irlclnr _) Trni C.iO $igur.lit.,.ti!;sr .i lrunttvl �!' 1� C) 1'nuosLrL¢r: 1.17e_•im"❑ :'% (�tLe, . ! .t i Areun of LLna rnt I I A) 111,. hln,.d Av- 1'i-lia Lunt Ave Li; i.wy' ;' J (h•-l7) ''+ L. h^;i,t,o St. rrl)lu !Suet Ave lu JAO.x.i1n (l,•-7j t, I I � C) II Lt 't„ from Elwt Avo to Crnnd. Nv,y (E-17) r A) Flo::cw, i'r001 Fitt St. 'to Lukechore (Houk) (11-5) l;) Eu;t Ave from I.aho (i:innoolu) nrivo t0 LW:eohore. (Winro•hntu), Drive F) Oeosola St, from East Ave to Fifth St (N-W) 0) Fifth St. from Uuceola St, to Unnehahu Avt,AII-5) H) .locoed 3t, from'Yulm Jtto Ooceolu St. (ll-S) I) Hi.gllmny 50 from City LlLdt to City Li -..it . ... J) Other . . . . . . . . . . . f Other (h-S) 1 �j CurrentIllnaings .. 4 �I A) All studente boyond .. .rl .-diuv of achiubl rSl'R I1) S.e,:is.l routes for r'tud6rta living or r+Glking nithln. the "Pede6trian l:ridcngored' are"v q.,�a 1) South of flvj ° 50 'ZQ -nisas yr !! 2) All atuden'to rant of,twsi 27 -OUC US` 3) Students within "inter-r>>olxrol" rae+s-i'9ithS ])U�S3s 3 1 I� (thie i0 a "nhnt11e" or "tronetore ayjl,am) FxN &xi etind(8ldoaa]kns 1 L. � � � . •' ,+� a +,� is Ell t l I i1r" I ` ` ' • I t ¢ +`i�1)1u���3 ip�� � 1 I I` TO: City Council FROM: City Manager SUBJECT: Zoning Proposals DATE: December 8, 1978 Enclosed is material discussed at the December 6 Planningg & Zoning Commission meeting which is being sent to you at the Cononission's request: (11 a December 6 memo on "Rezoning Proposals"; (2) a November 30 memo on "Rezoning Criteria and Proposals"; and (3) an October 26 draft of "Proposed Zoning Amendment Changes". The first two items are sent to you as a status report on the Commission's zoning review work. The "Proposed Zoning Amendment Changes" are sent as a unanimous Commission recommendation after many months of study. The Commission's work is the first general review of Clermont's zoning reg- ulations and districts in over a decade, and include significant zoning policy changes. Highlights of these recommendations follow: (1) The C1 district would be changed from "neighborhood commercial" to "light commercial", with an expanded list of permitted and conditional uses. The size of permitted uses would be regulated by making any permitted use requiring 12 or more off- street parking spaces (under zoning regulations) a conditional use. All business activities would be limited to indoors. Dwelling units for 3 or more families would be conditional uses: (2) C2 regulations are changed to update the list of permitted and. conditional uses, to clarify the boundaries of the CBD 100% lot coverage area, and to clarify other regulations; (3) An entirely new CH - Highway Commercial District is proposed (see "Purpose" under CH in the draft), and; (4) M1 and M2 permitted and conditional uses are expanded and clarified. Note that the proposed zoning map changes are based on these revised district regulations, not on our current regulations. If this proposal is not adopted or is substantially changed, the changes proposed on the map would have to be redone. Gordon Tiffany cc: City Clerk (12/12/78 Agenda) f(I; Planning & 7.oning Comumissioil FROM; City Manager SUBJECT; Rezoning Proposals DATE: December 6, 1978 Attached is a map showing 29 key arras that are proposed for rezoning con- sideration. These recommendations are, the result of considerable study related to our long range planning effort. This is the first effort at an overall, compre- hensive examination of our zoning districts in over ten years. Current City zoning is based substantially on the 1967 Adley plan for the City. Many changes have been made since then, including a few that were speculative, and many more that were constructive. However, it is necessary, particularly in a growing City, to periodically review all zoning. Reconmrendations made here are not based on our current regulations, but are based instead on the October 5, 1978 proposed draft of regulations for commercial and industrial districts. A few general observations: (A) These proposals follow the goals, objectives, standards, and principles of the future land use element of our proposed Comprehensive Plan, and are a key implementation step for, that planning effort. (B) There is more commercially -zoned land in the City than is needed. By limiting commercially zoned land, commercial development is forced into the most suitable areas. (C) US27 is an important economic resource for the City which is being promoted as the best route to Disneyworld. Allowing general commercial development along the road would lead to reduction of the carrying capacity of the highway, un- sightliness, and lost opportunity to properly exploit the highway's economic potential. The he Cmmercial THEewould HIGHWAY, butrve nottthoseghway as an uses which AREnomic SERVEDresource, By THE HIGHWAY. (D) The transition zones were set up on June 13, 1969. Fifteen years after that date (1984), these areas become R3 zones. Transition zoning was intended to gradually phase out non-residential uses. However, such uses were allowed to expand in the transition period, and several have done so. The zoning was based on the 1967 Adley plan that forsaw great Disney impact on the City. West Lake was to become a boat basin, connected to Lake Minnehaha, to be surrounded by a recreation center, motels, and apartments. The West Lake area was to serve as a "magnet" to attract shoppers downtown, and facilitate an ambitious downtown area redevelopment. This vision is not realistic for this area now, ten years later. (E) The R3A zoning classification was created after the last general city- wide rezoning to allow high density residential without professional offices or commercial signs. Areas zoned R3 then were apparently not examined to see which ones should have been reclassified R3A upon creation of this zoning alternative. The following lists areas to be considered for rezoning with a brief explain- ation of the reasons for each recommendation: j hrcnn Transition Nkn 1_ to.M2 Lots 1-10, Block 117; Lots 1-10, Bleek 111,; Lola 1-9 and 18-83, Block 119, Lots 1-13, Block 1,10, and that property Gast of Lake Allnncola and boundoel by Streets - Lake chore and 12th, in Johnaon's NoPlat. 17jet prnPcrtl/ tU'i,ng went oj' Wost Lake and botutded by Streets - Atinnaola, 11th, and Carroll. This area includes the majority of Transition Zone 1, now mainly developed as M-2. The change recognizes that the 1967 Adley plan for the area is not feasible, and makes existing uses conforming. This area is important to the economy of the City as M-2. There is no appropriate place for these uses to relocate within the City. 1. From Transition Zone 1 to C1 Block 118; Lots 10-15, Block 119; Lott) 19-,,'0, Block 1?,0, Johnt)en'a Rcplat This change would create a light commercial zone to separate the residential area across Minneola and future City park area, across 12th Street, from M-2 uses. (Alternate is C-2 zoning.) S, From Transition Zone 2 to M1 That property lying north of West Lake and Osceola Street, and south of Lake Ah;nncola. This area is the present Transition Zone 2, with existing light industrial uses predomi- nating. The proposed change would make existing uses conforming. (See also comments under Pl above.) y, From Transition Zone 2 to R3 Lots 1-6, Block 94; Lots 940, Black 83; Cite Blocks; and that property between Lake Minneola mid Osceola Street. Existing uses in this area are mixed with residential predominate. Proposal would allow continuation of most existing uses while encouraging high -density residential for future development. 5. From R3 to C2 (CBD) Lots 1-8, Block 93; Lots 13-20, Block 79, Citl1 Blocks This area would extend the Central Business District to all sides of the 8th and Minneola intersection, and make existing uses there conforming. This area is part of the tradi- tional City business area. (Alternate is for north 1/2 of this area to remain R-3) 5A. From C2 to R3 Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, Block 77 Predominate uses on this block are now residential. The half -block would use rear lot lines as zoning boundaries to reduce zoning conflict across street where single-family homes exist. Bank building parking would continue as a conforming use. 2 _ 6, I'r'om R3 to RM 9'hat proporty known as LlnoiecZd Iktkos. This change would prohibit professional offices and commercial type signing in the mobile honk park, and would eliminate the small area of general commercial zoning in the northeast corner of the park. 7, from C2 to C1 Part of BZook 125A lying south of Highway ho; Wool, 110 Hying north and nouth of 11wy. 50; Block 98; Blook 100; BZook 8.1 This change would regulate commercial uses in this area to reduce conflicts with nearby residences. Note that the proposed C-1 regulations are more liberal in their permitted uses than our current C-1 district. (Alternate is continued C-2 zoning.) $, From R3 to 113A Block 87, Blocks 88, 86, 71, and 70, City Blocks This change would prohibit professional offices and commercial signs in the area, but would allow residential development, including multiple -family. i 9, From R3 to R1A 1 Lots 5, 6, 7, 8, 8, 6linona Bay Subdivision This proposal eliminates an isolated R-3 area. Area has developed primarily as R1A. (Alternate is R-2 to keep duplexes conforming.) 10. from C1 to R3 City Blocks 73, 72; Lots 1-6, 10-13, Block 60; Lots 1-8, Lots 12-18, Block 61, Lots 1, 2, 7-14, 16, 18, 20, Block 44; Lots 2, 4, 6, 8, 10, 12, 14, Block 45; Lots 1-7, Block 27; Block 28; Block 17; Lots 1-7, 16-18, Block 8, Ella Vista Heights; Lots 15-20, Block 18; and Lots 1-3, 7-13, Block 7 This proposed change would eliminate undesirable strip commercial zoning through the heart of the City on SR50. Strip commercial development would increase traffic problems, and would be unsightly. The area is primarily residential now despite many years of C-1 zoning. Slopes on some properties (on north side of road) make commercial use unrealis- tic. R3 zoning would allow professional offices and high density residential mixed uses, and would make the majority of current uses conforming. 11, From C2 to R3 Lots 1-14, Block 18 This proposal would eliminate a continued area of strip commercial. The property slopes toward preservable Lake. 3 j 12. From C2 to C1 Lots 14-20, Block 7 This change would continue this area as commercial (under liberalized permitted use list), but would reduce conflicts with residential uses. Commercial development on other corners of this school crossing intersection is discouraged. 13, From R2 to R3A Lots 1, 2, 3, Highland '1'erracca This farily large undeveloped corner property has good access to signalized SR50 inter- section, and would be an appropriate location for high density residential, but without professional offices or commercial -type signing. 14. From R3A to R1 Lots 3, 4, 5, Block 20, Block 10; plus closed street This area is adjacent to a preservable lake. It has inadequate access to the major road system for high -density residential. Adjacent neighborhood (to north) is high-grade residential. 15 , From R3 to R3A Blocks 5, 4, 7, 8, 0, Sunnyside; Lots 1-15, Block 3, Sunnyoide; Lots 7, 8, 8,10, Block 2, Swnayside This area is developing as high-grade multiple family -duplex -triplex area. The change would prohibit encroachment of professional offices and commercial signs in the district,_ but would reinforce the current development trend. 16. From R2 to R3A City Block 8; Block R This area has good access to SR50. The undeveloped lots could be developed for high - density residential. Alternate would be to leave the area R2 to allow duplex development .` or to rezone it R3 to allow multiple family and professional offices. 17, From R3 to R3A Blocks 5, 8, Woodlazon This change would prohibit professional offices and commercial signs, but continue to allow high density residential. la, From R1 to R3A Tracts 2, 3, Oakhurst This undeveloped area has good access to the major road system, and is adjacent (on south side) to C-2 area. It is a good area for high -density residential development. 4 19, From R1 to R2 Block 0, WoodZawn; 11inecrost Subdi:vivion This change would allow smaller dwellings (900 sq. ft. single family homes and 700 sq. ft. per family duplexes) in area where there is an apparent need for small living units. Exisiting development would continue as conforming. 20, From R2 to R1 Oakview Subdivision; Sunnydel"l llanur; Bast 1/2 of Lot: 14, and 6' .1/2 oJ' Lot 15, Block DD The majority of this area has developed along R1 regulations to be consistent with deed restrictions. This change would not affect the mobile home park's non -conforming status, but would reinforce the existing single family development. The area is bounded on the west by R1A and on the south by R1. 21, From R3A to R1 That property south of Lake Minnehaha Chain of Lakes; That property north of the City limits and adjoining Lakeview Hills Subdivision 22, From C2 to R1 That property from Lot 13, Chain of Lakes south to the south city Limits, west to adjoining Lakeview Hills Subdivision These changes would extend single family district regulations north and south of Phase 1 of the Lakeview Hills Subdivision project. Alternate zoning would be to leave existing R3A on the south side of property to accomodate condominium or other high density development. 23, From C2 to CH That property from the south city limits north to !look Street parallel along the west side of Hwy 27; That property east of Hwy. 27 from Hook Street to south city limits to east city limits to south line of Lake Wilma; That property bounded by Minneola, west side of Hwy 27 and Oakview, SunnydelZ Manor Subdivisions; That property bounded by 16uy.50 east side of Hwy. 27, Highland Avenue, and Lakeview Heights Subdivision; Tracts 63, 50B, 50A, Lake Highlands; Lots 1-6, Block 1; Lots 1-4, 35, 36, 37, Block 2, Homedale; Strip of land in Lake Highlands lying north of BeSoto Street, west of Hwy. 27 and south of Pitt Street,, Tenets 1, 2, 15, 16, 63, 50, 51, 62, of Lake Highlands; Lots 1, 2, 3, 4, of Block 6. This change implements the proposed new "Highway Commercial" zoning district. Its purpose is to serve the needs of highway traffic while minimizing adverse effects of development on US27. The proposal treats US27 as an important economic resource for the City that should be protected. Alternate is to leave area southeast of US27-SR50 as C-2. 5 24. From R3 tk R3A Trnotu 52, 01, hake Highlanda This change would allow multiple -family developments while prohibiting professional offices and commercial signs, adjacent to good R-1 area. 25. From R3A to R1 Portion of Lot 5, Lots 6, 7, 9, Block 1' This undeveloped area would be changed to conform to the majority of undeveloped land in the northeast area of the City. Alternate zoning would be R3A as now zoned. 26, From Transition Zone 3 to R3A Block 15, Block 12 Transition Zone 3 would be rezoned to allow future redevelopment as high -density resi- dential, excluding professional offices and commercial signs. This property is adjacent to residential development and City park property, and appears to have considerable value under R3A regulations. Alternate is to consider purchase by the City for park and recreation use. 27, From C1 to R3 Lots 14-19, Block 2, llomedaZe; S.E. corner of the S.G. 114 of Lot 6, Black N This change would eliminate a small, unused commercial district in an area of residential: uses. It is across the street from the Junior High School. 28, From R2 to R3 Lots 244-250, 112 of 251, 275, 292, 315, Clermont Heights This half -block would be appropriate for future use as professional offices in existing buildings as a transition from C2 to residential. A professional office is now being constructed on the block with others in the area. 29, From C2 to R3 Tracts 17, 18, 31, 32, 33, 34, 48, 49A, 49B, Portion of Tract 64, Lake Highlands This large tract would be changed to high density residential to extend the development pattern established by the Grandview Apartments. Most of the property would logically be served from Grand Highway and Pitt Street, not from US27, because of slope. It is part of the drainage area for sensitive Jack's Lake and Lake Charles, direct connections to the aquifer. Gordon Tiffany 6 'f0: Planning Subconmittee Zoning Subcommittee FROM: City Manager SUBJECT: Rezoning Criteria and Proposal DATE: November 30, 19711 Attached is a list of property that is recommended for rezoning consideration. This list was prepared as an implementation step for our Comprehensive Plan. The following is a list of 16 items that should be considered when any land is proposed for rezoning: 1. Whether the proposed change is contrary to the established land use pattern, 2. Whether the proposed change would create an isolated district unrelated to adjacent and nearby districts; 3. Whether the proposed change would materially alter the population density pattern and thereby increase or overtax the load on public facilities such as schools, utilities, streets, etc.; 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; 5. Whether the proposed change would be contrary to the Proposed Land Use Plan and would have an adverse effect on the Comprehensive_ Plan: 6. Whether changed or changing conditions make the passage of the proposed amendment necessary; 7. Whether the proposed change will adversely influence living conditions in the neighborhood; B. Whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety; 9. Whether the proposed change will create a drainage problem; 10. Whether the proposed change will seriously reduce light and air to adjacent areas; 11. Whether the proposed change will adversely affect property values in the adjacent areas; 12. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accord with existing regulations; 13. Whether the proposed change will constitute a grant of special priveleges to an individual owner as contrasted with the public welfare; 14. Whether there are substantial reasons why the property cannot be used in accord with existing zoning; 15. Whether the change suggested is out of scale with the needs of the neighborhood or the City; 16. Whether 1t is possible to find other adequate sites in the City for the proposed use in districts already permitting such use. Zoning district changes should always be considered in light of the worst permitted use in the proposed district. Maximum density development should be con- sidered, not only the specific plan for the use of the property. Gordon Tiffany PLANNING COMMITTEE DRAFT"\ PROPOSED CONING ORDINANCE CIIANGES OCTOBER 26, 1978 26-24 C1 - Light Commercial District. (A) P�Lrj)osa, This district is intended for light retail sales and service establishments which are compatible within the district and which would not be obnoxious or detrimental to adjacent residential districts. (B) Permitted Uses. (1) Retail businesses which supply commodities on the premises, such as but not limited to: groceries, meats, dairy products, baked goods, or other foods, - drugs, dry goods, clothing, notions, hardware, furniture, and appliances, sporting goods, and flowers; (2) Personal service establishments where services are performed on the premises such as but not limited to beauty shops, barber shops, tailor or dressmaking shops, shoe repair shops, and photographic studios; (3) Self-service laundries and dry cleaning establishments; laundries and dry cleaning delivery and pick up establishments where the serivices are performed elsewhere; (4) Professional offices, banks, loan companies, insurance offices, real estate offices, and similar business establishments which perform services on the premises; (5) Repair shops for small articles such as shoes, watches, radios, and televisions, but excluding repairs for automotive, agricultural, or heavy equipment; (6) Buildings, structures, or uses maintained or operated by a body having the right of eminent domain. (C) General Requirements. (1) The maximum lot coverage shall be 80%. (2) The maximum height shall be 35 feet. (3) A.site plan is required and must be approved by the City Manager. 1 (4) All businesses including storage, sales, display, and repairs, shall be conducted entirely withln a completely enclosed building. (D) Signs. (No change) (E) Setbacks. (No change) (P) Conditional Uses. The following uses may be permitted within this district after review by the Planning and Zoning Commission and also approval of the City Council in accor- dance with Article X1 of this ordinance: (1) Any permitted use in this section for which site plan approval and building permit have been denied by the City Manager; (2) Electric transformer or gas regulator stations, if essential to serve the zoning district; (3) Hospitals, clinics, and nursing homes for the treatment of human ailments; (4) Dwelling units which are an integral part of the principal business structure; (5) Dwelling units for three or more families; i (6) Nursery schools, kindergartens, or child care centers provided the outdoor play area is enclosed by a fence at least four (4) feet high; (7) Churches; (B) Any permitted use of such size as to require more than 12 off-street parking spaces. f 26-25 C2 - General Commercial District. (A) Purpose. This district is intended for full-scale retail sales and service needs of the community. (B) Permitted Uses. (1) Those uses permitted in C-1 Light Commercial Districts; (2) Any retail business or service, including the making of products sold at retail, ; 2 { on the premises, provided such manufacturing is incidental to the retail € business or service, occupies less than forty (40) percent of the floor area, and employs not more than five (5) operators; (3) Shopping Centers; (4) liospitals, clinics, and nursing homes for the treatment of human ailments; funeral homes; (5) Lodges and clubs; (6 ) Offices. (C) General Requirements. (1) A site plan is required and must be approved by the City Manager; (2) The maximum height shall be thirty-five (35) feet; (3) The maximum lot coverage shall be eighty (80) percent; (4) The Central Business District (CBD) is exempt from yard requirements and --- maximum lot coverage requirements, except that commercial uses within the Central Business District shall provide a five-foot landscaped buffer strip withij, within the CBD adjacent to the CBD district boundary. The Central Business District is the following area: (insert legal description). I' i' (D) signs. . . . g. (E) Setbacks. . . . (F) Conditional Uses. The following uses may be permitted within this district after review by the Planning and Zoning Commission and approval by the City Council in accordance 1 with Article XI of this ordinance: (1) Any permitted use in this section for which site plan approval and building permit have been denied by the City Manager; (2) Electric transformer or gas regulator stations, if essential to serve the zoning district; 3 i f (3) Hospitals, clinics, and nursing homes for the treatment of human ailments; (4) Nursery schools, kindergartens, or child care centers provided the outdoor play area is enclosed by a fence at least four (4) feet high; (5) Churches; (6) Automotive service centers, salesrooms, and sales lots which may include accessory uses thereof such as paint, body and fender shops and repair shops; (7) Agricultural equipment, truck, tractor, and heavy equipment sales and service; (8) Mobile home, travel trailer, boat, and recreational vehicle sales or service; (9) Welding shops; (10) Car washes; (11) Commercial kennels or veterinary clinics, provided that all animal service and confinement areas including runs shall be in air-conditioned and sound attenuated buildings; (12) Gasoline service stations, provided that: (a) All structures, including underground storage tanks and pumps are placed not less than thirty (30) feet from any property line but in no case less than the required setback; (b) The number of curb breaks for an establishment shall not exceed two for each one hundred (100) feet of street frontage, or fraction there- of, each having a width of not more than forty (40) feet and located not closer than twenty (20) feet to the street intersection. (c) Two (2) or more chub breaks on the same street shall be separated by not less than ten (10) feet; (d) No gasoline service station shall be located closer than 330 feet to any church or public school; (e) Repair services are conducted in an area screened from view of any public street or road and from property owned by others; 4 (f) Not more than two (2) vehicles not in operablu condition are stored on the property at any time and such inoperable vehicles shall be located within the screened area; (13) Schools, training institutes; (14) Theatres and assembly halls; (15) Townhouses and multiple family dwellings; (16) Dwelling units which are an integral part of and clearly secondary to the principal business structure. (17) Radio stations and transmission towers. (G) Off -Street Parking. (16) Automatic car washes except self-service shall have a minimum of sixteen (16) spaces; self-service car washes shall have a minimum of five (5) spaces for each two stalls. C-H Commercial Highway (To be inserted in definitions: HIGHWAYS - Arterials which are a part of the state or federal system and are intended to serve moderate to large traffic columes traveling relatively long distances.) (A) Purpose. This district provides for business establishments for which highway access ' is essential. The intent of this district is to promote safe traffic flow by controlling ingress and egress, to prevent adverse influences on the highway and surrounding properties, and to protect the traffic carrying capacity of the public highways. (B) Permitted Uses. (1) Automobile service stations provided that: (a) All structures, including underground storage tanks and pumps, are placed not less than thirty (30) feet from any property line but in no case less than the required setback. (b) Repair services and any outdoor storage are conducted in an area screened from view of any public street or road, and from property owned by others.` (c) Not more than two (2) vehicles not in operable condition may be stored on the property at any one time and such inoperable vehicles shall be stored within a screened area. 5 (2) Retail establishments to serve the convenience needs of the highway traveler including, but not limited to such facilities as fruit and souvenier shops, convenience stores, and restaurants, (3) Motels, hotels, transient lodging facilities and accessory uses thereof including restaurants; (4) Car washes; (5) Transportation terminals for passenger service; (6) Buildings, structures, or uses maintained or operated by a body having the right of eminent domain. (C) General Requirements. (1) The maximum lot coverage shall be eighty (80) percent. (2) The minimum lot frontage for any lot facing the highway shall be three hundred (300) feet. (3) For every three hundred (300) feet of highway frontage there shall be no more than one forty (40) foot driveway or two twenty (20) foot driveways. (4) All driveways shall maintain a minimum of one hundred fifty (150) feet from any intersecting streets and highways. (5) A site plan is required and must be approved by the City Manager. (6) Any property abetting a residential zone must have a five (5) foot wide vegetative buffer strip and an approved six (6) foot high fence adequate to screen commercial uses from residential property. 6 CIi (0) Sims. (1) The followinq signs are permitted; (a) Those signs permitted to a C-1 district. (2) The following signs are prohibited: (a) Those signs prohibited in a C-1 district. (E) Setbacks. (1) Property adjacent to US27 and SR50 shall maintain a fifty (50) foot setback from the highway right of way. The setback on all other streets shall be twenty-five (25) feet. (See sign ordinance, Article X, for sign setback reeuirements.) (2) The building line from any side yard shall be twelve (12) feet. (3) The building line from any rear yard property shall be twenty-five (25) feet. (F) Conditional Uses. The following uses may be permitted in thisdistrict only after review by the planning and zoning commission and also approval of the City Council in accor- dance with provisions of Article XI of this ordinance: (1) Any permitted use in this section for which site plan approval and building permit has been denied by the City Manager; (2) Travel trailer sales and service; (3) Automobile sales and service; (A) Campgrounds; (5) Tourist attractions; (6) Truck stops; (7) Office buildings or centers having a minimum floor area of five thousand (5,000) square feet. (G) Off -Street Parking. (1) Parking shall be according to the C-2 regulations. 7 '7 26-26 M1 Light Industrial District (A) pMose. This district is intended for light industrial uses which are compatible within the district and with adjacent. Commercial areas. (B) permitted —Uses- (1) Generally recognized light industries engaged in manufacturing, compounding, processing, assembling, treating, packaging, or fabricating; (2) Warehousing and wholesaling establishments; (3) Transportation centers and terminals and distributive enterprises; (4) Research or technical training enterprises; (5) Agricultural service establishments; (6) Offices; (7) Commercial establishments engaged in repair of machinery or automotive equipment; - (8) Contractors and building material yards; (9) Commercial nurseries; (10) Automotive, agricultural equipment, truck, tractor, and heavy equipment sales and service; (11) Mobile home, travel trailer, boat, and recreational vehicle sales or service; (12) Welding shops; (13) Car washes; (14) Electric transformer or gas regulator stations, if essential to serve the zoning district; (15) Buildings, structures, or uses operated or maintained by a body having the right of eminent domain. (C) General Requirements. (1) The maximum lot coverage shall be eighty (80) percent. (2) No use of material or equipment which creates any unreasonably loud, disturding and unnecessary noise, sound, vibration, smells or effects which can be heard, felt or otherwise sensed upon adjoining property or other 8 public right of way shall be allowed. (3) No outdoor storage of materials, supplies or commercial vehicles visible from the public street or adjacent property shall be allowed. (4) The business shall be conducted entirely within an enclosed building except for outdoor storage which is screened from public street and adjacent property. (5) A site plan is required and must be approved by the City Manager. (F) Conditional Uses. (1) Any permitted use in this section for which site plan approval and building permit have been denied by the City Manager. (2) Living quarters sufficient to support the operation of a business on the premises; such living unit shall be clearly secondary to the business operation.'":. 26-27 M2 Medium Industrial Districts. (A) Purpose. The purpose of this district is to provide suitable locations for medium —' industries that are necessary to the area but which have characteristics detrimental to other districts or the general public. (D) Permitted Uses. (1) Those uses permitted in M1 Light Industrial Districts. (C) General Requirements. (1) The maximum lot coverage is 80%. (2) A site plan is required and must be approved by the City Manager. (D) Signs. ([) Setbacks. (F) Conditional Uses. (1) Any permitted use in this section for which site plan approval and building permit have been denied by the City Manager. (2) Generally recognized medium industries engaged in manufacturing, compounding, processing, assembling, treating, packaging, or fabricating, whoesaling, 9 Id2 warehousing, transporting, or distributing. (3) Living quarters sufficient to support the operation of a business on the premises;such living unit shall be clearly secondary to the business operation.