03-07-2000 Regular Meeting•
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
March 7, 2000
The meeting of the Planning & Zoning Commission was called to order Tuesday, March
7, 2000 at 7:00 P.M. by Chairwoman Elaine Renick. Members present were Charles
Forth, Bill Rauch, Richard Tegen, Garrett Paquette, and John Atwater Frank Caputo.
Members Wanda Andrews and Misty O'Bar were absent. Also in attendance were
Barry Brown, Director of Planning, Mimi Ogden, Planner I, and Jane McAllister Planning
Technician 2.
MINUTES of the Planning and Zoning Commission meeting held February 1, 2000 were
approved as presented.
Chairwoman Elaine Renick announced that the City Council requested that the Kings
Ridge CUP, on the agenda for this meeting, be delayed until the April 4"' meeting. Also
postponed until the April 4~' meeting is the Lost Lake Reserve CUP. The South Lake
Hospital CUP was withdrawn when it was discovered that they still have an additional
six months until the original CUP expires.
A motion was made by Richard Tegen to postpone fhe Kings Ridge CUP until April 4.
2000. The motion was seconded by Frank Caputo and approved by a unanimous vote.
A motion was made by Frank Caputo to postpone the Lost Lake Reserve CUP until
~ri14, 2000. The motion was seconded by Bill Rauch and approved by a unanimous
vote.
1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: John A. Wert
OWNER: John A. Wert
REQUEST: For a Conditional Use Permit to operate a landscape materials business.
GENERAL LOCATION: The property is located on the west side of U.S. 27, north of
Montrose St. and Ambassador Cleaners.
SIZE OF PARCEL: 1.4 acres
EXISTING LAND USE: The subject parcel is currently used as a landscape materials
business. Property to the north is vacant, to the west residential and to the south is
Ambassador Cleaners.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
March 7, 2000
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FUTURE LAND USE DISTRICT: The subject property is in the Established Business
District-2 (EBD-2) land use district and the requested use is allowable.
FUTURE LAND USE CLASSIFICATION: The subject property is classified as
Commercial land use. The requested use is allowed in the Commercial land use
classification.
EXISTING ZONING: C-2 General Commercial.
Planning Director Barry Brown gave a summary of the CUP stating that a previous CUP
had been granted in August of 1998 but that it had expired in September 1999. This is
a reapplication. Mr. Brown stated that the new CUP does not include the R-3 area that
was included in the previous CUP request. The proposed project is a landscape
materials business providing trees, shrubs, bark, stone and other materials utilized in
landscaping. The business will also have a combination office and storage building. The
proposed use is consistent with the land use designations and the zoning district. It is
also consistent with development in the area and therefore staff recommends approval
with the conditions as outlined in the Commissions packet.
Chairman Renick asked if the applicant was present and would like to be swom in to
add anything further, or if there was anyone else who would like to be swom into speak
about this issue.
Hosea Wootsen, 505 E. Montrose Street, and Howard Bany, 459 Carroll St. were
sworn in.
Mr. Wootsen's family owns property next to Mr. Werts property and he expressed
concern that there is no access to the property owned by the Wootsen family from U.S.
27 or from Pitt Street. He is asking for access through Mr. Werts property.
Director Barry Brown explained that the Wootsen family property in that area has no
direct access from U.S. 27. It is significantly below the U. S. 27 road grade, and the
elevation of Mr. Wert's property. The only viable access would probably be from other
Wootsen family owned property on Minneola Ave.
Mr. Wootsen replied that the steep grade is the result of D.O.T. making U.S. 27 a four
lane highway. He stated that entering the property through other Wootsen property
would decrease the value of those properties. Mr. Wootsen is concerned with making
the Wootsen property saleable.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
March 7, 2000
Page 3
City Attorney Guthrie stated that there may have been financial arrangements made by
D.O.T. with the family at the time of the widening of U.S. 27, but that is a different
matter and needed to be researched. Mr. Guthrie suggested that the Commission
proceed with the matter at hand, the Wert CUP.
Elaine Renick asked Mr. Wert to be sworn in so she could ask him a question. Sworn
in was John Wert, 2127 Citron Court, Clermont, FL 34711. Elaine Renick asked Mr.
Wert if he was aware of the problem with the Wootsen family property. His reply was
yes, and that he had offered Mr. Wootsen three or four thousand dollars and would use
the property in question for water runoff, but Mr. Wootsen refused the offer because he
wanted to sell additional lots that Mr. Wert was not interested in.
Commissioner Forth suggested that the property adjacent to the Wootsen property
could possibly be re-platted in the future as a solution to the problem.
There was further discussion relating to how high landscape materials would be piled
and what kind of trucks would be entering and exiting the property.
Sean Jones, 14735 Yellow Pine Lane, Clermont, FL. was sworn in to answer questions
since he will be running the landscape business. He assured the Commission that as
far as he knows there will be only straight trucks delivering to the site. Commissioner
Forth expressed concern that the structures that contain the landscape materials
should be of masonry material and be no higher than 6 feet in height.
A motion was made by Commissioner Charles Forth to approve the Conditional Use
Permit with the additional condition that the right in right out from U.S. Highway 27 be
complete within 1 year or fhe CUP will be void. Also, the containment devices be no
higher Phan 6' and be of masonry construction or as approved by the site review
committee, and store, eg of any landscape material can not exceed the height of the
containment device, and section 5, condition 1 contain the wording that the landscaping
be maintained. The motion was seconded by Bill Rauch. The motion was approved by a
vote of six to one, with Renick voting NaLr.
2. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: Jeffrey P. Rhoden
OWNER: Donald L. Markey
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C1TY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
February 1, 2000
Page 4
REQUEST: For a Conditional Use Permit for professional office use in a R-3-A zoning
district.
GENERAL LOCATION: The property is located on East Avenue at the northeast corner
of East Avenue and Highland Street. It is between the American Casualty Insurance
agency and Nay Nay's Playhouse.
EXISTING LAND USE: The subject property is residential. Property to the north, east,
south, and west is professional office.
FUTURE LAND USE DISTRICT: The subject property is in the Established Residential
District (ERD-8) land use district and the requested use is an allowable use.
FUTURE LAND USE CLASSIFICATION: The subject property is classified as
Residential/Professional. The requested use is allowed in the Residential/Professional
land use classification.
EXISTING ZONING: R-3-A Residential/Professional District. Professional office is a
conditional use in the R-3-A zoning district.
Planning Director Barry Brown stated that the proposed uses are consistent with the
land use designations and other uses in the area. Planning Director Brown explained
that the required parking spaces have been met by allowing parking in the backyard,
requiring a driveway through the property to the south which is also owned by Mr.
Markey.
Applicant Jeff Rhoden, 420 E Minnehaha Ave, Clermont was swom in. Mr. Rhoden
stated he is in the land surveying business. The employees will be parking in the rear
and customers will be parking in the front parking spaces.
Commissioner Caputo expressed concern with the runoff of rainwater. Barry Brown
informed him that the parking area will be mulch, therefore there won't be much runoff.
Nancy Fullerton, Montrose St. was swom in. She asked if the property owner also
owned the lots through which the driveway will pass. The answer is yes.
Mr. Guthrie suggested a perpetual easement be written so that the driveway will always
be able to serve the parking area in the rear of the building.
A motion was made by Richard TeQen fo approve the application with the condition that
a perpetual easement be wrrtfen for lofs 10. 11, and 12. The motion was seconded by
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
March T, 2000
Page 5
John Atwater and approved by a unanimous vote.
Chairwoman Elaine Renick introduced the issue of the E.A.R. report in reference to the
City of Clermont 1991 Comprehensive Plan.
Planning Director Barry Brown explained the E.A.R. and the necessity of having the
approval of the Planning and Zoning Board of the E.A.R. report response so that it can
be sent back to D.C.A. and the City can move forward and amend its Comprehensive
Plan as necessary.
After a lengthy discussion it was decided that the best course of action was to postpone
a resolution and send it to the Council the second meeting of the month to give the
Commissioners additional time to review the full E.A.R. report response.
Prior to the vote Charles Forth requested to make a statement for the record and that is
in the short amount of time that he did review the document he did want to state for the
record that his vote will only reflect that there are still elements within this plan that are
not answered within the document. Specifically the well fields that have not been
identified by the city. It was required by D.C.A. My statement is that it's something that
will come up in our meeting on Thursday but that by adopting or recommending for
adoption there are still certain things with in the EAR report that still guides the city and
how it will take it's future plans that must be recognized or this report basically is null
and void.
A mofion was made by Elaine Renick That the Planning & Zoning Commission pass a
resolution approving the E.A.R. report response to D.C.A. but only if if is delayed two
weeks in going to the City Council so that people will have a chance to review it and
formulate any questions that they might have. The mofion was seconded by Richard
Tegen and approved unanimously.
There being no further business, the meeting was adjourned.
.~?~ > ~,
Elaine Renick, Chai an
ATTEST:
J~(ne C. McAllis~Yer -Planning Technician II
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