12-05-2000 Regular Meeting• •
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 5, 2000
The meeting of the Planning & Zoning Commission was called to order Tuesday,
December 5, 2000 at 7:00 P.M., by Chairman Charles Forth. Members present were
Bill Rauch, John Atwater, Frank Caputo, Richard Tegen, Dave Lange, and Gene
Crossley. Also in attendance were Barry Brown, Director of Planning, Mimi Ogden,
Planner I, Jane McAllister, Planning Technician II, and City Attorney Robert Guthrie.
Barry Brown introduced two newly appointed members of the Commission, Gene
Crossley and Dave Lange. Both members were asked to tell those present a little about
themselves.
MINUTES of the Planning and Zoning Commission meeting held November 8, 2000
were approved with minor changes.
1. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: Daryl Carter for Solo Development Corporation.
OWNER: Chester C. Fosgate Company
REQUEST: To allow the construction of a shopping center with up to 203,000 square
feet of retail space and five (5) out parcels.
GENERAL LOCATION: The property is located at the northeast corner of S.R. 50 and
N. Hancock Road.
SIZE OR PARCEL: +/- 40 acres.
Barry Brown, Planning Director, explained that there was going to be a City Council
Workshop in reference to this request and added that the applicant requested that their
application be postponed to a date certain of January 2, 2001. Was re-advertised for
Jan. 4, 2001 meeting.
Richard Tegan made a motion to table the Solo request to January 2 2001. Frank
Caputo seconded the motion. The vote was unanimous in favor of tabling the item.
2. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: Hope H. Lamb
OWNER: Hope H. Lamb
REQUEST: To allow the operation of a boardinghouse in R-3 zoning district.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 5, 2000
Page - 2 -
GENERAL LOCATION: The southeast corner of Osceola St. and Lake Ave.
EXISTING LAND USE: Single family residence. Property to the north, east and south is
residential, property to the west is vacant.
FUTURE LAND USE DISTRICT: Non-Established District-1 (NED-2)
FUTURE LAND USE CLASSIFICATION: Residential
ZONING: R-3, Residential/Professional. A boardinghouse is a conditional use in the R-
3 zoning district.
Barry Brown, Planning Director, introduced this request by saying that the subject
property includes a 2-story frame residence and a detached garage. The residence is
an outstanding example of early Clermont residential architecture. He said that Ms.
Lamb has made a considerable investment in restoring the residence and by doing so
has saved an important piece of Clermont's history. Ms. Lamb desires to offer rooms for
rent on a short term basis in her home. The proposed use is consistent with the criteria
of the land use and zoning designations, and is an appropriate use for the area. Mr.
Brown recommended approval with the condition that one more parking space be
added.
Charles Forth asked if the applicant had anything to add, and if there was anyone in the
audience who would like to speak. The applicant replied that she would answer any
questions the Commission had to ask her.
Steve Perez, 539 W. Osceola St, Clermont and Hope Lamb, 561 Mar Nan Mar,
Clermont, were sworn in.
Mr. Perez asked what the definition of a boardinghouse is.
Ms. Lamb explained she has restored the house with antiques to its 1920's style and
that she wished to rent three of the bedrooms to people who would enjoy the ambiance
on a short term basis. The legal definition is a boardinghouse so that is how the request
is worded.
Charles Forth asked if there were any other questions from the public and then opened
questions to the Commission.
Bill Rauch asked if there would be food served.
•
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 5, 2000
Page - 3 -
Ms. Lamb replied that the house would be for lodging purposes only, but that there
would be a microwave oven and refrigerator available if the residents wished to use
them. However she assured the Commission that there would be no food preparation
by her or any employees.
Mr. Crossley asked how many bedrooms were in the house.
Ms. Lamb replied that there were three, but that she would probably rent only two at a
time.
Mr. Tegen asked if the rentals were going to be for long or short terms.
Ms. Lamb said they would be rented on a short term basis.
Bill Rauch made a motion to approve the Conditional Use Permit. Frank Caputo
seconded the motion. The vote was unanimous in favor of approval.
3. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Jim Modica for Modica & Associates
OWNER: Jim Modica, Modica & Associates
REQUEST: To allow the expansion of an existing office building by 1000 sf. in the R-3-
A, ResidentiaVProfessional district.
GENERAL LOCATION: Northeast corner of Bowman St. and Almond St. south of
Sunnyside Plaza.
EXISTING LAND USE: Office building for Modica & Associates. Property to the north is
commercial, to the east and south is residential, and property to the west is a
professional office.
FUTURE LAND USE DISTRICT: Non-Established District-5 (NED-5).
FUTURE LAND USE CLASSIFICATION: Residential/Professional
ZONING DISTRICT: R-3-A, Residential/Professional. A professional office is a
conditional use in R-3-A zoning district.
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 5, 2000
Page - 4 -
Barry Brown, Planning Director, introduced this CUP stating that the proposed use is
consistent with the criteria of the land use and zoning designations, and is appropriate
for the area.
Charles Forth called for any questions or comments from the public. There were none
so he called for questions or comments from the Commission. There was no
discussion.
Richard Tegen made a motion to approve the CUP. John Atwater seconded the motion
which was approved by a unanimous vofe.
4. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Group 20 Associates
OWNER: Rolling Hills Ford/Jay Rosario
REQUEST: To renovate and expand existing showroom, sales offices, and service
department; construct new body shop, car wash, oil and tube facility, and PDI stalls;
and request variances for signage.
LOCATION: Rolling Hills Ford.
SIZE OF PARCEL: 13.53 acres
EXISTING LAND USE: Automobile Sales
FUTURE LAND USE DISTRICT: Undeveloped District - 2 (UD-2).
FUTURE LAND USE CLASSIFICATION: Commercial.
ZONING DISTRICT: C-2 Commercial
Barry Brown, Director of Planning, stated that Rolling Hills Ford is expanding their
operations. They are planning to renovate and enlarge the existing showroom, sales
offices, and service department as well as construct a new body shop, car wash, oil and
tube facility, and PDI stalls. He said that the proposed renovations and additions are
consistent with the operation of an automobile dealership. The property has the proper
land use and zoning designations for the proposed uses and he recommended
approval of the conditional use permit.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 5, 2000
Page - 5 -
Mr. Brown made particular mention of two items in Section 3 -
#1 The following addition : "If the right-of-way is not needed for the construction of Hook
Street, it will be returned to Rolling Hills Ford".
#2 The addition of the following: "When the vacant lot (Phase 5) is developed,
unobstructed driveway access shall be provided between the frontage road and the
main entrance to the dealership".
Item #2 in Section 5 the following is added: Connection to the City sewer system shall
be made at the time of Hook St. construction or when a sewer line is available along the
Hook St. frontage, whichever occurs first.
Jay Rosario, 17318 Summerset Court, Clermont, FL was sworn in and said he would be
happy to answer any questions.
Charles Forth asked if there were any questions or comments from the public. There
were none so he opened questions to the Commission.
Bill Rauch asked if the dealership was going to furnish recovery for the car wash?
Mr. Rosario indicated that they would indeed furnish recovery for the car wash as well
as oil separation.
Frank Caputo asked if the dealership was currently on the city water and sewer system.
Mr. Rosario replied they were on city water but not sewer.
Charles Forth asked for clarification on item #2 under Transportation Improvements. He
asked if staff recommends encouraging entry and exit at the light on S.R. 50 at Grand
Highway via the frontage road, and not at the old driveway entrance.
Barry Brown replied in the affirmative and added that there will be additional access
from Hook St. once that is constructed and that there would be cross access on this
property.
Charles Forth asked if when the frontage road and Hook Street entrances are ready
shouldn't the present driveway be right in right out only for safety sake.
Barry Brown explained that in the future there will be an additional signal at Citrus
Tower Blvd and one at Oakley Seaver Dr. which will allow more opportunity for people
to enter and exit off of State Road 50.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 5, 2000
Page - 6 -
Charles Forth pointed out that if the median cut across from the Rolling Hills entrance
were closed then traffic would have to go to the one east of the dealership to turn
around.
Bill Rauch asked if it was up to the City or DOT as to where a median cut is.
Barry Brown explained that it was entirely up to DOT.
John Atwater asked if the Frontage Road would come out in front or to the rear of the
Eckerd's Drug Store being constructed at S.R. 50 and Grand Highway.
Barry Brown said the road would be behind Eckerd's to the south and exit on to Grand
Highway.
Frank Caputo made a motion to approve the CUP. The motion was seconded by Bill
Rauch and approved by a unanimous vote.
5. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: Robert Ahrens, Lennar Homes, Inc.
OWNER: Robert Ahrens, Lennar Homes, Inc.
LOCATION: Legends Golf Course Community
REQUEST: To amend the Legends PUD to allow for three variances to the code: 1) To
allow for two 3/a inch asphalt lifts (1 ~/2 ") in lieu of the 2 inches of asphalt required by
code; 2) To allow for Miami curb and gutter in areas where longitudinal road grade is
5% or less, and curb and gutter where grade exceeds 5%; and 3) to allow for the water
tower sign for the Legends Golf Course.
EXISTING LAND USE: Gated subdivision with golf course.
FUTURE LAND USE DISTRICT: undeveloped District - 7 (UD-7)
EXISTING ZONING: PUD
FUTURE LAND USE CLASSIFICATION: Mixed Use Classification 1.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 5, 2000
Page - 7 -
Barry Brown, Planning Director, stated that staff has consistently denied the applicants
request for 1 ~/~ inches of asphalt and the use of Miami curb. Variances to these codes
have not been granted in the past. Staff finds no hardship and no compelling reason to
support these requests. Staff does support approval of the water tower icon sign for the
Legends Golf Course. Therefore, staff recommends approval of the amended
conditional use permit including all conditions of Resolution No. 982 and the variance to
allow for the water tower sign.
City Attorney, Robert Guthrie advised the Commission to look at the Land Use
Regulations and see if this will impact the overall PUD.
Charles Forth asked if there was anyone present who wished to address this matter.
Duane Booth, of Farner Barley & Associates, 350 N. Sinclair, Tavares, FL was sworn.
Mr. Booth informed the Commission that code requires 2" of asphalt would result in
higher costs to the homeowners. He said that the Miami curb can convey storm water
and looks better when the curb cut is made than does the curb and gutter. It is also
more economical.
Charles Forth then opened up questioning to the Commission.
Frank Caputo stated that one of the advantages of a curb and gutter is that it keeps
people off your lawn and keeps them from breaking your sprinkler heads.
John Atwater asked Mr. Booth if it would be a problem to do two one- inch asphalt lifts
or layers. Mr. Booth replied that it would not be a problem, but that it does not increase
the structural rating of the roadway as much as you might think.
Frank Caputo asked Barry Brown what the City Engineer thinks about this situation.
Mr. Brown replied that the City Engineer suggests staying with the 2" per City Code.
Frank Caputo made a motion fo deny item #1 to allow 1 % inches of asphalt and to
deny item #2 which would allow Miami curbs, but to approve the water tower sign for
the Legends Golf Course. John Atwater seconded the motion and the vote was
unanimous.
6. REZONING
APPLICANT: Mercator Properties
OWNER: Mr. John Adams
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 5, 2000
Page - 8 -
GENERAL LOCATION: Northeast corner of US 27 and Citrus Tower Blvd.
SIZE OF PARCEL: 15+/- acres.
REQUEST: To rezone the property from R-1 Residential to C-2 General Commercial.
EXISTING LAND USE: Vacant
FUTURE LAND USE DESIGNATION: undeveloped District-5 (UD-5); Commercial land
use classification.
EXISTING ZONING: R-1, Residential.
Barry Brown, Planning Director, introduced this rezoning by stating that the request is
consistent with the Future Land Use Map. UD-5 land use district allows for general
commercial at this location and the land use classification is commercial. Staff supports
the rezoning, however, requests that the Planning & Zoning Commission postpone the
rezoning until either the right-of-way the County needs for planned improvements to the
intersection of Citrus Tower Blvd, and Grand Highway is dedicated, or until a
development agreement can be executed that would address the timing and nature of
the dedication of the right-of-way.
Charles Forth asked if anyone would like to address this rezoning.
Bob Shakar, 230 Mohawk Road, Clermont, FL was sworn. Mr. Shakar stated that he
received the staff recommendation and has spoken to Lake County officials and to the
applicant who is in favor of dedicating the right-of-way. The owner has to wait until Lake
County tells him how much they need to be dedicated.
Mr. Shakar submitted a copy of a letter from Jim Stivender Jr. Director of Public Works
for Lake County which will become part of these minutes. The letter states that there is
an agreement between the owner and Lake County that the owner will indeed grant the
right-of-way needed.
Charles Forth asked if there was anyone in the audience who would like to address this
issue. There was no one so Mr. Forth opened questions to the Commission.
Bill Rauch asked Barry Brown if this letter was enough in order to move forward with
this rezoning. Mr. Brown replied that it was.
Frank Caputo stated that he was uncomfortable with only a verbal agreement.
• •
CI TY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 5, 2000
Page - 9 -
City Attorney, Robert Guthrie stated that the letter helps for consideration of the matter
by the Planning & Zoning Commission. However, when the rezoning goes to the City
Council there should be something more substantial.
Bob Shakar pointed out that for the entire project to go forward they will eventually need
a PUD/CUP and will have had to address the right-of-way issue in order to get those.
Bill Rauch moved that this rezoning be approved subject to the conditions in the letter
being fulfilled. Richard Tegen seconded the motion, which was approved by a
unanimous vote.
7. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: Brian Henry Harper
OWNER: Margie Robbins
LOCATION: Southeast corner of S.R. 50 and Fourth St. in the Robbins Realty building.
REQUEST: To allow the operation of a tattooing business in C-1, Light Commercial
zoning district.
EXISTING LAND USE: Professional office; Robbins Realty building. Property to the
north included the New Jacob's Chapel, asingle-family residence, and vacant property.
To the east and south is residential and to the west is commercial, Aaron's lawnmower
repair.
FUTURE LAND USE DISTRICT: Non-Established District -3 (NED-3)
FUTURE LAND USE CLASSIFICATION: Residential/Professional.
EXISTING ZONING: C-1, Light Commercial District. A tattooing business is a
conditional use.
Barry Brown, Planning Director, introduced this CUP by saying that the subject property
is in an area of the City that is identified in the Comprehensive Plan as being in need of
revitalization. This area has been characterized by affordable housing (some
substandard), small businesses and a history of crime and drugs. However, in the last
couple of years, neighborhood residents, business owners, and the City have worked
together to revitalize the area. Abandoned structures have been razed, policing has
been increased, and new businesses have been opened.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 5, 2000
Page - 10 -
The area has been transitioning from primarily residential uses to professional office
uses as directed by the comprehensive plan. Evidence of this transition includes the
subject property itself, Robbins Realty, which was converted from a duplex to an office
use. Other new businesses in the area include the Pet Shack and Tony DiNatalie's
plumbing offices. In addition, the City is constructing a new fire station to the west of the
subject property and Dr. Gonzales has been approved to construct a medical and
professional office complex to the east.
The comprehensive plan states that redevelopment activities should include elimination
of uses inconsistent with the community's character and proposed future land uses.
While the land use district and land use classification allow for professional office and
personal service uses, the two categories that most closely describe a tattooing
business, staff does not believe that a tattooing business is the type of use that is
conducive to the continuing redevelopment of the area. And it is not in keeping with the
nature of the neighborhood that includes the New Jacobs Chapel diagonally across
S.R.50. Please see enclosed letter from the church.
In addition, parking may not be adequate to serve the real estate office and the
tattooing business. Currently there are six parking spaces on site, four paved and two
mulched spaces.
Staff recommends denial of the requested conditional use permit, however, if the
request is approved by the Planning & Zoning Commission, staff recommends that in
addition to standard conditions, no neon signage, and additional parking.
Charles Forth asked if there was anyone present who would like to speak in favor or
against this CUP.
Brian Henry Harper, the applicant, 840 S. Grand Highway, Clermont, was sworn and
stated that tattooing is an art form and more refined than in the old days. He pointed out
that many people from many walks of life get tattoos and that his studio would have a
positive influence on the community. He added that he will be the only operator and that
he can only do one tattoo at a time so that parking should not be a problem.
Margie Robbins, 1117 Fourth Street, Clermont, FL was sworn. She is the owner of the
property in question and stated that she is not a high volume realtor and does not have
a lot of traffic at the site. There has been an attorney sharing the property until recently
and there was never a parking problem. She stated she owns a lot adjacent to the
property that could possible be used for additional parking should that become
necessary. She further stated that if the applicant did well the first year he would then
rent the entire building for his business.
• i
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 5, 2000
Page - 11 -
Bill Rauch asked if there would be any other activity at the location besides tattooing,
such as body piercing.
Mr. Harper replied that his business would be strictly decorative tattooing.
Ms. Robbins added that she has discussed hours of operation with the applicant and
there will be no late night hours or neon signs allowed.
Richard Tegen asked the applicant how he feels his business would generate revenue
for the area.
Mr. Harper replied that he is well knovilfor his talent and people who come from other
areas will use local motels, restaurants etc. He added that when you do good work you
get repeat business.
Bill Rauch pointed out that the people from Jacobs Chapel are strongly opposed to this
use of the property across the street from them, as indicated in a letter from them which
is included in these minutes.
Mr. Harper stated that he would only allow people age 18 and over to use his services,
and that there would be no smoking, drinking, or drugs. He also stated that he probably
should have spoken to the church members in order to relieve them of any fears they
might have.
Dave Lange stated that if indeed Mr. Harper's talent was so much in demand his
following would find him and that he could locate his business somewhere else. He
further stated that the use doesn't seem to be consistent with the other uses in the
area.
Frank Caputo asked Barry Brown if Staffs recommendation would change if the people
at Jacobs Chapel had no objections to the presence of a tattooing business across the
street.
Barry Brown replied that it would not. The church is only one of several factors.
Bill Rauch suggested that Mr. Harper go to Orlando and see what is around several of
the tattooing businesses there, and then he might understand why people are not in
favor of having them in their neighborhoods.
Mr. Harper replied that he understands that, but that he is trying to make a positive
impact. He pointed out that the area of Chestnut Street from Fourth Street back is a
ghetto and that his business would not impact the area in a detrimental way.
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 5, 2000
Page - 12 -
Frank Caputo made a motion to deny this CUP. The motion was seconded by John
Atwater. The vote to deny the CUP was unanimous.
There being no further business the meeting was adjourned.
i
Charles Forth, Chair
ATTEST:
~/' ' ~ ~"
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C. McAllis r -Planning Technician II
,,
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DEFARTMENT OF
PUBLIC WORKS
~ a eox Taos
123 North Slnclafr Avenue
TAYARES FLORIDA 32778 7$00
LAKE Cii PUBLIC
ta° "y
~~91._ r a0~ ~
Grand Highway/Citrus Tower/ US 27
•
ReceptioniaUl nfonnat+on
FAX (352) 253-4920
SUNCOM 659-t 900
~+reaor's once
Engineering dlvlsion
Map Sales
R+ght~-Way
Raad Operations D+vi5lon
Special Services Division
Adrnini5trdtbrl
Mosquito/Aquatic Plant Mgt.
Stormvrater Management
This letter is to confirm a verbal agreement pertairYing to the above intersection
project, between Lake County and Bob Shaker, representing John P. and Ann
Adams Family Limited Partnership.
1t is the County's understanding that upon completion of survey and design for
certain improvements as agreed, the property owner will grant right of way
needed to accomplish project.
Please contact Fred Schneider, Engineering Director or Patti Harker, Right of
Way Manager, at (3a2) 253-4975, if you need any~additional information.
Signed, this 5~' day of December, 2000.
Senior hector blic Works
~n1
(352)253.4900
(352) 253905
(352) 253944
(352)253-4970
(352) 253-4943
(352) 253-4990
(352) 253~t9p7
(352) 253905
(352)343-9682
(352)Z53-490Q
F:IUSERStDENISEIPROJEC7SLGrsndhMyCiWSTowaAShakar.doc
DISTRICT ONE 0~5'fRICY 7WQ DISTRICT THREE ~ DISTRICT FOUR DISTRICT FIVE
JENNIFER HILL ROBERTA POOL oEBeIE sTIV1=NpEa i CATHERINE C. HANSON WEt.TdN ~ ~40WELL