01-04-2000 Regular Meeting~ • •
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
JANUARY 4, 2000
The meeting of the Planning & Zoning Commission was called to order Tuesday,
January 4, 2000 at 7:00 P.M. by Vice Chairwoman Elaine Renick. Members present
were Joseph Janusiak, Charles Forth, Wanda Andrews, Bill Rauch, Misty O'Bar.
Members Michael Floyd and Richard Tegen 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 November 2, 1999
were not approved. A revision was requested by Wanda Andrews on page 4, last
paragraph, 3~d sentence. Ms. Andrews wanted the wording changed from "Staff would
like to have a workshop" to "Staff will have a workshop." Elaine Renick requested
clarification of a comment made by City Attorney Guthrie on page 5, paragraph 5.
Planning Director Brown introduced and welcomed Jane McAllister newly employed
Planning Technician whose employment brings the Planning and Zoning Department to
full staff.
1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: New Horizon Church, Dr. R.W. Tindell
OWNER: Clermont Woman's Club and the City of Clermont
REQUEST: For a Conditional Use Permit to allow the Clermont Woman's Club to be
used for church services on Sunday mornings and Wednesday evenings for a period of
two (2) years.
LOCATION: Clermont Woman's Club, 655 West Broome Street.
EXISTING LAND USE: Clermont Woman's Club. Property to the North is residential to
the East and South is commercial and to the West is property owned by the First United
Methodist Church.
FUTURE LAND USE: The future land use classification is Commercial and is in the
Non-established District (NED-1 ).
EXISTING ZONING: C-1 Commercial. Zoning to the North is R-3
Residential/Professional and zoning to the East, South, and West is C-1 Commercial.
Planning Director Barry Brown stated that the applicant wishes to use the Clermont
Women's Club to hold Sunday morning and Wednesday evening church services. This
site was previously approved for this use with a CUP that expired in June
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
JANUARY 4, 2000
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of 1998. The applicant has received approval for the use of the building by the
Woman's Club and has received approval from the First` United Methodist Church to
use their property for overFlow parking. Staff has not received any complaints from
surrounding property owners regarding the prior church use. Since this is, in essence,
and extension of a previously approved use, staff recommends approval.
Bill Rauch informed the Commission of construction going on at the First United
Methodist Church in which the parking facility will be used for storing building materials.
This will cut down on the available parking for both churches. There will not be a
problem unless the applicant experiences large rapid growth. Wanda Andrews pointed
out that permission for the applicant to use the parking facility was granted in a letter
dated January 1999. Barry Brown suggested that it might be a good idea to approve the
request for one (1) year instead of two (2) years.
A motion was made by Wanda Andrews to recommend approval of this request for a
period of one (7) near instead of the two (2) years repuesfed. The motion was
seconded by Bill Rauch and approved by a unanimous vote.
2. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: Lamb of the Shepherd Inc.
OWNER: Lamb of the Shepherd Inc.
REQUEST: For a Conditional Use Permit to expand the size of an existing child care
facility.
LOCATION: 176 East Highland Avenue. This business was formerly known as Gem of
the Hills Child Care Center. The subject property is in the vicinity of the intersection of
S.R. 50 and East Avenue. It is visible from S.R. 50 and located between the Merrill
Insurance office and the Denise Pyke Construction office.
EXISTING LAND USE: The existing use is a day care facility.
FUTURE LAND USE: The future land use classification is Residential/Professional in
the Established Residential District (ERD-8) land use district. Properties to the East and
West are also Residential/Professional and to the North is Institutional.
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JANUARY 4, 2000
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EXISTING ZONING: R-3-A, Residential/Professional. Zoning to the South, East and
West is also R-3-A.
Planning Director Barry Brown stated that the applicant is enclosing an existing carport.
This will not create a need for additional parking or storm water retention. Staff
recommends approval with the condition that the applicant pave the portion of the
entrance driveway that us currently grass. The driveway shall be constructed to provide
paved access to the rear of the building. The drive must be paved to the front building
setback line. Also, the rocked area in the parking lot shall also be paved. A
handicapped parking space shall be constructed to code.
Wanda Andrews questioned the need for paving rather than using rock or mulch.
Barry Brown explained that due to heavy traffic over the driveway any material other
than paving would be washed into the storm sewers.
A motion was made by Wanda Andrews to recommend approval of this request. The
motion was seconded by Joe Janusiak and approved by a unanimous vote.
3. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: Jeffrey C. Biddle, Mulberry Inn
OWNER: Same
REQUEST: For Conditional Use Permit to amend and existing CUP, Resolution
No.952, to allow the expansion of retail, professional office, and restaurant use within
the existing structures.
LOCATION: 915 W. Montrose Street. The subject property is the Mulberry Inn, located
at the corner of Montrose and West.
EXISTING LAND USE: The existing use is a bed and breakfast with retail and
restaurant use.
FUTURE LAND USE: The future land use classification is Central Business District in
the Existing Business District (EDB-1) land use district.
EXISTING ZONING: Central Business District. Zoning to the North and East is CBD
and zoning to the South and West is R-3 Residential/Professional
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JANUARY 4, 2000
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Planning Director Barry Brown stated that the applicant currently operates a bed and
breakfast along with related restaurant and retail service's. The applicant wishes to
reduce the square footage of the existing structures devoted to B&B bedrooms and
residential uses and increase the square footage for retail, professional office, and
restaurant uses. The property has the proper land use and zoning for the requested
uses. The proposed uses are compatible with other uses in the area and therefore he
recommends approval with the conditions outlined in the Commissions packet.
Vice Chairman Renick asked all those present who wished to speak in regard to this
case be sworn in. Persons sworn in were Charles Weatherbee, 2120 The Crescent,
Clermont, FL., Margaret Weatherbee, 2120 The Crescent, Clermont, FL., Charlene
Forth, 939 W. Desoto St, Clermont, FL., Charles Nemar, A&S Auto 898 W. Montrose
St., Clermont, FL., Karen Denitis, 721 West Ave., Clermont, FL., Debbie Carlucci, 741
W. Montrose St, Clermont, FL., P.J. Marks, 931 W. Montrose St., Clermont, FL., Mr
Holgren, 719 West Avenue, Clermont, FL., Jeff Biddle, 915 W. Montrose St., Clermont,
FL.
Jeff Biddle was asked to speak first in reference to his request. He said he is required
to have thirteen (13) parking spots and that is what he has. He is changing some of his
living space to office space.
Mr. Charles Weatherbee speaking against approval of the request stated that the
Mulberry Inn has already exceeded reasonable boundaries . He questions the safety of
the establishment and inspections by the Fire Department and Health Department of
this wood frame building. He owns property across the street from the Mulberry Inn and
said there had been sufficient parking in the area since the 1920's until the bed and
breakfast opened. He requested revocation of the present CUP and denial of the CUP
currently under consideration.
Mrs. Peggy Weatherbee stated that her business, Lakeshore Realty, along with Bee's
Auto and A&S Auto are not businesses that can operate with a two (2) hour parking
limit for on street parking. She said the two hour parking limit should be abolished. It
does not interfere with the bed and breakfast but is interfering with other commerce in
the area.
Charlene Forth handed out a letter from Cheri Blanchard, 756 West Avenue, Clermont,
Florida to be entered into the proceedings. She read the letter aloud. Ms. Blanchard is
complaining about noise and having to clean trash in her yard from patrons at the
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Mulberry Inn. She does not like patrons of the bed and breakfast parking in front of her
house and fears even more parking problems with the proposed expansion of Retail
space at the Inn. Ms. Blanchard wants Mr. Biddies request to be denied.
Charlene Forth spoke for herself and said she lives around the corner from the
Mulberry Inn. She thought a bed and breakfast would be a nice addition to the
neighborhood. Now it has become an annoyance when there are functions going on at
the Inn. There are not enough parking spaces in the area to accommodate all the extra
functions.
Mr. Charles Nemar of A&S Auto was told he needed 21 parking spaces in order to be
able to enclose a lift area. He asked why Mr. Biddle is only required to have thirteen
(13) parking spaces with all the different services he provides. There is a parking
problem and it will be worse with additional retail shops in the Inn. Mr. Nemar felt that
Mr. Riddle's request should not be approved.
Karen Denitus thinks additional retail space in the downtown area is a good thing.
Parking is a problem but she wants Mr. Biddle to get approval for his expansion.
P.J. Marks lives next door to the Mulberry Inn building and has not had any problem
with noise, patrons or parking. Mr. Marks stated he would like to see the CUP
approved.
Debbie Carlucci has a business at Montrose St and 7~' St. She stated more retail stores
are needed for the Downtown Business District. Parking is a problem in all of downtown
due to growth. Jeff Biddle has added to the district and the CUP should be approved.
Gordon Holgren West Ave Antiques has his shop across the street from the Mulberry
Inn and says that the Mulberry Inn does not create the parking problem in the area.
There is off street parking at the Mulberry Inn.
Wanda Andrews agreed that parking was indeed a problem and was the result of the
growth the city and the downtown business district are experiencing. She asked Mr.
Biddle what kind of retail store he planned on having and he replied "specialty shops".
Mr. Biddle also assured the Commission and others present that he does indeed
possess all licenses, state, county, and local that are required of him, and that his
establishment has been regularly inspected as required. He also mentioned that he is
the only one in the area that has off street parking. He does not understand why
parking is an issue as far as this CUP is concerned.
Charles Forth explained that the revised land development requirements are less for
the downtown business district, as far as providing parking spaces are concerned, than
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
JANUARY 4, 2000
Page-6-
they are for other areas. Member Charles Forth brought to the attention of the
Commission that Mr. Biddle is required to have, at minimum, fifteen (15) rather than
thirteen (13) parking places. Planning Director Barry Brown stated he believed the
previously approved CUP did not require additional parking spaced for the employees
of the restaurant, as it is also run by Mr. Biddle who already lived on the property. Mr.
Forth stated that the restaurant could be run by someone other than Mr. Biddle at any
time. Mr. Biddle was agreeable to this.
After discussion, a motion was made by Charles Forth for approval of the request as
presented by staff, with a condition being added to require that two (2) more parking
spaces be provided. The motion was seconded by Bill Rauch and approved by a
unanimous vote.
4. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: P.J. Marks
OWNER: P.J. Marks
REQUEST: For a conditional use permit to operate a boardinghouse and wakeboard
camp.
LOCATION: 848 Osceola St. The subject property is located on Lake Minneola
between West and Eighth Streets, North of the Colony Cove restaurant, and West of
the City fishing pier.
EXISTING LAND USE: The existing use is residential rental units. Lake Minneola is the
North property line, property to the West is the Waterfront Park and the City fishing
pier, to the South is the Colony Cove restaurant, and to the West is a warehouse.
FUTURE LAND USE: The future land use is Central Business District in the Existing
Business District (EBD-1) land use district. Surrounding properties are also classified
Central Business District and in the EBD-1 land use district.
EXISTING ZONING: Central Business District. Zoning to the South, East and West is
Central Business District.
Planning Director Barry Brown stated that the applicant operates a wakeboard camp
and wishes to use the subject property for the following: a boardinghouse, a classroom
for onshore instruction, a recreation area, an office and a place to store boats. The
property has the proper land use and zoning for the proposed uses.
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JANUARY 4, 2000
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Staff recommends approval with the following conditions:
1. The applicant shall provide the required landscape buffers per code.
Landscape buffers shall be constructed along Osceola St. and around the car
and boat parking area to screen the parking area from view.
2. A landscape buffer in excess of code may be required to screen the boat
parking area. The nature of this buffer will be determined by staff during site
plan review.
3. The property shall be developed in substantial accordance with an approved
site plan incorporating all conditions of this Conditional Use Permit. Said
plans shall be submitted for review and approval by City staff prior to
authorization and issuance of a development permit. The conceptual plan
submitted with the CUP application is not an approved site plan.
Mr. P.J. Marks informed the Commission that his business has benefited the other
downtown businesses by bringing people to the area. He said he is an environmentalist
and is concerned with keeping the lakes clean since his business depends on the
lakes. Mr. Marks assured the Commission that he is extremely careful with fuel for his
boats and cleans trash in and around the lakes. He assured the Commission that there
will not be a marina.
Member Bill Rauch asked for Mr. Marks to define "boardinghouse". Mr. Marks replied it
would be a place for people to sleep. No food would be cooked at the facility.
Member Misty O"Bar requested that condition 1 be changed to "landscape buffers shall
surpass code".
After brief discussion, a motion was made by Bill Rauch for approval of this request as
approved by staff with the change in condition #7 being added that the landscape buffer
shall exceed code. The motion was seconded by Charles Forth and approved by a
unanimous vote. ~-
4. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: Janet Christoff
OWNER: David and Marilyn Bender
REQUEST: A Conditional Use Permit for a Planned Unit Development (PUD) to
construct a professional office complex.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
JANUARY 4, 2000
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GENERAL LOCATION: The property is located north of Pitt St. between Bloxam Ave.
and U.S. 27. The property is north of and adjacent to the Sunnyhill Apartment complex.
SIZE OF PARCEL: 5+/- acres
EXISTING LAND USE: The subject parcel and property to the north is vacant. To the
South is Sunnyhill Apartment complex and to the West are single family residential
units.
FUTURE LAND USE: The subject property is in the Undeveloped District -5 (UD-5)
land use district. The requested use in an allowable use in the UD-5 with a PUD.
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, Residential Professional. Zoning to the North and South is R-
3 and to the West is R-1.
Planning Director Barry Brown stated that the proposed professional office complex is
consistent with the land use designations and the zoning. Staff recommends approval
with the following conditions in the Site Development section of the CUP request:
1. A dust abatement and soil erosion plan shall be submitted to the City
detailing measures to be taken to eliminate the migration of dust particles and
soil erosion. All disturbed areas that are not to be developed immediately
shall be seeded and mulched or sodded within 30 days after grading is
completed.
2. Along the east and west boundaries either a wall and a 10 ft. landscaped
buffer or a 20 ft. landscaped buffer shall be provided. In addition, if the back
wall(s) of the westernmost building(s) are facing Bloxam, they will require
additional landscaping to screen them from the residential units.
3. Along the North and South property lines, either a wall with 10 ft. landscape
buffer or a 20 ft. landscaped buffer shall be provided.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
JANUARY 4, 2000
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Jimmy Crawford stated he would prefer to use berms with plantings rather than walls so
that the look is more appealing.
Sworn in Janet Christoff who is the applicant. Ms. Christoff agrees that berms with
plantings is preferable over a wall.
Member Wanda Andrews expressed concern about building walls. She prefers to see
landscaping used as buffers.
Member Charles Forth expressed concern that having entrances to the complex
opposite each other, one on U.S. 27 and one on Bloxam Ave. would have people using
the complex as a cut through. It was decided that this problem could be alleviated by
moving the entrance slightly to the north on U.S. 27, which would put a slight curve in
the driveway, which may deter people from using it as a cut through.
After discussion a motion was made by Charles Forth to approve the request with the
condition that it be limited to professional offices that retentive plantings be used as the
base of the berms and that the Wesf side landscaping be doubled. The motion was
seconded by Wanda Andrews and approved by a unanimous vote.
Vice Chairman Renick called for new business.
Wanda Andrews asked Barry Brown if he had any feedback from the City Council about
open space and recreation mentioned in the previous minutes. He replied that he had
not. Wanda Andrews then requested that the paragraph be included in the
present minutes with a request that the Council respond by the next meeting.
The following is an excerpt from the November 2"d minutes Member Wanda Andrews is
referencing. "Member Wanda Andrews stated that she would like the City Council to
start looking for some areas that can be used for open space, parks and recreation,
including passive recreation areas. Member Andrews stated that she would strongly
recommend that the Council start looking for a place to build a skateboard park in the
City."
It was agreed that the Commission would request a workshop with the City Council to
review land uses along S.R.50.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
JANUARY 4, 2000
Page 10
A newspaper article was submitted by member Wanda Andrews, with the request that it
be made part of the packet to be used at the City Council retreat.
There being no further business the meeting was adjourned.
Elaine Renick, Vice-Chairman
ATTEST:
Jane C. McAllister -Planning Technician 2
in Lake County plains the role of law enforcement in html on the Worl~Wide"PVeb ~ '~ -
~' ''~
._ esn't .
G~o~h do
sues
growth and development alone. ~~ve to mean
es and training are needed to
fall business and to attract a di-
igh-wage manufacturing jobs. ~
eve declined despite an overall ~ o'~ ~ ~~ o o d hf e
~s and a successful drive to build
's industrial park.
unty, named for its 1,400 lakes,
out apollution-control depart- ike a backyard sunset clear distinction between rural
' ral years. In the early 1970s, marred by power lines, areas and urban areas, so the
kvas one of the first counties in iJ the spirit of Lake County two don't blend together to cre-
. ve apollution-control depart- is still there. But these days ate a sprawling mess.
strong director. Pollution prob- you have to look for it. ~ Support efforts to make
pressing than ever. It's shame- Back-to-back freezes in the ake County an eco-tourism
'critical job go undone. Citizens late '80s turned fruited hills to destination, and push for more
id it be re-established this year. dead wood. While some dedicat- improvements such as a recre-
from the Orlando-Orange ed growers endured and contin- ational trail connecting South
~ sway Authority and the state ue to keep citrus alive in Lake Lake County to the hugely suc-
~ rity will meet with Lake Coun- County, other landowners con- cessful West Orange Trail.
i ~ month to help improve trans- verted to homes and real estate. ^ Press for a stronger shore-
for the future. While many of At that time, county leaders ine protection.. law. County
~I oad problems can be traced to could have anticipated the de- leaders at first seemed interest-
' sin the county's growth plan, it mands of growth so that every- ed in protecting the shorelines
illy important for the county to one - oldtimers and newcome- from destruction, but have
into the regional transportation rs alike -would have a more since weakened a proposal to
pleasant place to live. the point where it is meaning-
ns are how to handle the in- But as the population less. The ordinance must be re-
er of commuters on busy State surged, leaders visited and
establishing a regular link be- were caught up strengthened
bus service and the Orlando in the gold rush • "~ ").~~ before adoption
rea. and followed ~• ~ 1 this year.
o escaping taxes, but when it along. ~'"' ~ ^ Cities
pay the tab, taxpayers do have Consequently, ''~ £.~,. should bolster
ect an accurate bill. Tax bills today's leaders ~t\~ ! '"~~ "'` sign `laws this
~Zp thanks to a lack of communi- have some '`~ ~ year so. they are
' several county agencies. This tough challeng- at least as tough
hould make it a priority to en- es on their '"~° ~. as the 'county's
ture tax bills are accurate. hands. ~11~ ~ new ordinance.
The county's •: This consistency
:.,
irreplaceable will help guard
nd woe natural re- Lift the spirit the visual land-
sources, its scape.
lakes, hills and woodlands, face ^ The county passed a good
destruction. landscape ordinance last year
to form cross-cultural friend- Everyone who lives here has and two .cities - Eustis and
a stake in stopping this destruc- Leesburg -made great strides
wn in Lake County should fol- tion. in restoring their downtowns.
s example and increase patrols Who wants to live by polluted What's needed riow: A commit-
ay traffic and target unsafe lakes? ment from all the cities to beau-
enter city limits. As traffic on Who wants to picnic on con- tify highway entrances and,
441 enters Tavares, Eustis and Crete? whenever possible, make them
speed limits drop -but cars With proper direction, consistent with downtown ar-
ntinue to zip and zoom as if growth can be shaped to im- chitecture.
ing on the turnpike. In Lees- prove the cities and leave the ^ During the next"two years,
o a friendly but observant crew countryside green and beauti- branch libraries are expected to
rs, it's a different story. ful. open in Four Corners, Grov-
infects our institutions, cul- Good growth can bring im- eland and the Mount Plymouth-
rnment. There is much harsh provements to the cultural Sorrento area. With good plan-
h.blame. It's easy to grow dis- landscape, too. ning, every. community could
every new tale of woe. Mount Dora has been alead- have ready access to library
out those Lake Countians who er here, with its annual art fes- books as the population contin-
timism? Those who take it up- tival and new Spring Festival ues to grow.
s to make their corner of the featuring music and literature. ^ Cultural arts performanc-
ompassionate, more tolerant, All residents can work to- es in Mount Dora and at Lake-
less violent and less materialis- gether to lift the spirit of Lake Sumter Community College, as
ounty. For example: well as other community thea-
~egrown problem solvers need ~ ^ Insist that county and city ter productions in Lake County,
beer them on and share their leaders team up to guide deserve widespread support.
Is, growth in and around the cities Everyone should make an effort
body could be you. Celebrate and press county leaders to to attend. These programs en-
l self-reliance this .year. These strengthen the countywide plan rich the _ spirit and make Lake