11-02-1999 Regular Meeting• •
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
NOVEMBER 2,1999
The meeting of the Planning & Zoning Commission was called to order Tuesday,
November 2, 1999 at 7:30 P.M. by Vice Chairwoman Elaine Renick. Members present
were Joseph Janusiak, Charles Forth, Wanda Andrews, Bill Rauch, Misty O'Bar,
Richard Tegen and Michael Floyd. Member Robert Smythe was absent. Also in
attendance were Barry Brown, Director of Planning, Robert Guthrie, City Attorney and
Mimi Ogden, Planner I.
MINUTES of the Planning and Zoning Commission meeting held October 5, 1999 were
approved as presented.
Planning Director Brown introduced and welcomed Mr. Richard Tegen who was
appointed to the Planning and Zoning Commission by the City Council on October 26,
1999.
1. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: South Lake Angels of Mercy
OWNER: Carolyn J. McCracken
REQUEST: For a Conditional Use Permit to use one room of the South Lake Angels of
Mercy building as a learning center for low income families.
LOCATION: The subject property is located between Millholland and Hampton Streets
and north of the Burger King and Pizza Hut.
EXISTING ZONING: C-2 Commercial. Zoning to the North, South, East and West is C-
2General Commercial.
EXISTING LAND USE: The existing use is a thrift store for the South Lake Angels of
Mercy. Property to the North is a car wash and professional office, to the East is
commercial use, to the South is the Burger King and Pizza Hut, and to the West is the
First Union bank.
FUTURE LAND USE: Commercial land use classification in the EBD-2 land use district.
Surrounding properties are also classified Commercial land use and in the EBD-2 land
use district.
Planning Director Brown explained that the applicant wishes to expand the services
they are currently providing to include a learning center for low income families. They
are proposing to equip one room of the existing building with computers and other
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PLANNING AND ZONING COMMISSION
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learning aids in order provide training in reading, writing, and math skills, life skills,
communication, money management, career development, computer skills, and bible
study.
Staff supports the proposed use, however, there is the potential for the availability of
parking to be an issue in the future. Therefore, staff recommends that the learning
center portion of the operation be limited to one room. Future expansion of the learning
center will require approval by City staff. The requested use is in accordance with the
City's Future Land Use Map and with criteria established for the EBD-2 land use district.
Staff recommends approval with the conditions as outlined in the Commissions packet.
At the time Vice Chairman Renick asked all those present who wished to speak in
regard to this case to be sworn in. Persons sworn in were Mr. Cecil Schrader of 1394
West Lakeshore Drive, Clermont, Florida.
Mr. Schrader explained that the center has qualified instructors to teach the classes.
The primary function of the center is to educate adults and children who have marginal
reading, writing and math skills. The service is free of charge to persons with an
income of $16,000 per year or less. Mr. Schrader noted that there are presently some
17 parking spaces on site, however the size of these spaces do not meet the City's
code. Once the spaces are re-striped to meet City code there will probably be around
14 or 15 parking spaces, which Mr. Schrader felt should be adequate.
Ms. Joy Cooper of 1146 Hampton Street, Clermont, Florida was sworn in at this time.
Ms. Cooper gave a synopsis of the types of services that the Angels of Mercy provide to
the community.
A motion was made by Charles Forth to recommend approval to the Citv Council as
presented by Staff, the motion was seconded by Michael Flo dy and approved by a
unanimous vote.
2. REQUEST FOR REZONING
APPLICANT: Robert D. Thompson
OWNER: Aftab Qadir
REQUEST: Rezone 3+/- acres from UE Urban Estate Residential District to C-1 Light
Commercial District. And rezone 3+/- acres from UE Urban Estate to R-3
ResidentiaVProfessional District.
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LOCATION: The subject property is located on the south side of S.R. 50, adjacent to
and east of Dr. Pennachio's office. The parcel runs from S.R. 50 in the North to the
proposed Hook St. right-of-way in the South.
SIZE OF PARCEL: 6 acres
EXISTING ZONING: Property that is annexed into the City is automatically assigned UE
Urban Estate zoning. Prior to the annexation, the northern 3+/- acres had a Lake
County zoning of C-1 Commercial and the southern 3+/- acres had a Lake County
zoning of RP Residential/Professional. Property to the North is zoned C-2 Commercial
and properties to the South, East, and West have County zoning.
EXISTING LAND USE: Vacant. Property to the North, South, and East, and Southwest
is vacant while property to the West is Dr. Pennachio's office building.
FUTURE LAND USE: Lake County land use designation of Urban. Properties to the
East, South, and West also have Lake County Urban Land Use. Property to the North
has recently been annexed into the City and is proposed to have commercial land use
classification and UD-5 land use district designation.
Planning Director Brown explained that the subject property is currently in the County,
therefore this rezoning request and an annexation request are being processed
concurrently. All properties annexed into the City of Clermont are automatically zoned
UE Urban Estate. The purpose of the rezoning is to allow commercial uses on the
northern (S.R. 50) portion of the property and professional office use on the southern
portion of the property, which is essentially the same zoning that the property presently
has in the County.
In order to prohibit undesirable uses, the property will be annexed pursuant to an
annexation agreement that will limit allowable uses. The annexation agreement will
probably prohibit uses such as fast food restaurants, car lots, convenience stores,
service stations, and tourist accommodations. The agreement will also require cross-
access through the property from S.R. 50 in the North to Hook Street in the South. The
dedication of right-of-way for the future extension of Hook Street will also be addressed.
If the annexation and annexation agreement are approved, staff recommends approval
of the rezoning.
Vice Chairman Renick asked if it were common practice for the City to annex property
that is only contiguous with the present City limits across the street, property on either
side is not within the City limits.
Planning Director Brown explained that it is common practice.
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At the time Vice Chairman Renick asked all those present who wished to speak in
regard to this case to be sworn in. Persons sworn in were Bob Thompson of 1958
Brantley Circle, Clermont, Florida.
Mr. Thompson stated that owner of the property does not have a development plan for
the property at this time. Mr. Thompson stated that he does not believe the owner
would want a gas station, fast food restaurant or convenience store, but he would
possibly like to see a nice restaurant, retail store, etc.
Member Wanda Andrews asked Mr. Thompson why he wants to annex the property
into the City.
Mr. Thompson stated that he believes the property could be developed as it presently is
zoned in the County. However, if it is annexed into the City, the City will have more
control (i.e. sidewalks, landscaping, access, etc.)
Vice Chairman Renick stated that if this parcel is annexed, the parcels to the west will
want to be annexed which will increase the service responsibilities of the City.
Mr. Thompson stated that as a resident of the City he would rather see the City annex
the property and have control over its development, rather than it being developed in
the County and the City having no control.
Member Wanda Andrews stated that the City will be doing a land use plan for those
areas that are adjoining the City and are likely to be annexed into the City.
Vice Chairman Renick stated that she believes a lot of people think that when Hook
Street is extended it will be relatively congestion free. If we start changing the zoning
on Hook Street to allow businesses it will be a congested area.
Planning Director Brown explained that Hook Street will act almost like a reverse
frontage road, as well as an alternate route to the east.
Member Wanda Andrews expressed her concern in regard to annexing small parcels of
land, which makes it difficult to plan. Annexing one large parcel would be better from a
planning stand point.
Director of Planning Brown agreed that annexing one parcel at a time does make it
more difficult. However, all annexations are voluntary therefore the City does not
control when property owners request annexation. In the future, Staff will have a
workshop with the Commission and the City Council to review the land uses along The
east Highway 50 corridor, including Hook Street and along south Highway 27, in a
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comprehensive manner. It is very likely that a lot of the properties along the Hook
Street corridor will annex into the City. The School Board is also considering a site on
Hook Street for a new High School.
Vice Chairman Renick stated that as the City has not yet formed a land use plan for this
area, this annexation would appear to be putting the cart before the horse.
A motion was made by Member Charles Forth to recommend denial of the request to
the Citv Council. Mr. Forth noted that if the application is denied the applicant can
reapply in 12 months, which will give the City time to restudy the Comprehensive Plan
to decide where the City wants to head with this area Mr Forth also stated his
concerns with the available road capacities. The motion was seconded by Mist OY 'Bar
Robert Thompson, applicant, stated that the property could be developed in the County
as it presently has the County zoning needed to develop the front portion of the
property as commercial and the rear portion as professional offices. The reason he
wanted to annex the property into the City is for insurance purposes and to receive City
services (police and fire protection).
City Attorney Guthrie stated that according to Chapter 171, which is the annexation law,
properties that are annexed into the City will come in with the land use designation that
was assigned to the property by the County, and further noted that the property can
only be zoned consistent with the land use designation of the property. If the City's
zoning district of UE is not consistent with the land use designation of the property, it
can not be zoned UE. After annexation the County Comprehensive Plan is in force until
the City amends it's Comprehensive Plan.
After discussion. a vote was taken on the motion on the floor to recommend denial of
the application to the City Council. The vote was a tie of 4 to 4 with Members Floyd
Tegen. Rauch and Janusiak vofing nax
A motion was made by Bill Rauch to table the request until the December 7, 1999
Commission meeting, the motion was seconded by Richard Tegen.
After further discussion, City Attorney Guthrie stated that the Commission could leave
the original motion of denial as a tie and forward this application to the City Council with
that vote.
The Commission agreed to forward the original motion recommending denial of the
application, to the City Council with a tied vote of 4 fo 4
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Planning Director Brown stated that he will be drafting an annexation agreement for this
property to go along with the annexation request to the City Council and suggested that
they discuss what uses the Commission would believe to'be undesirable on this property.
Staffs recommendation is that fast food restaurants, car lots, convenience stores, service
stations, and tourist accommodations be disallowed. The agreement will also require
cross-access through the property from S.R. 50 in the North to Hook Street in the South
and will require the dedication of right-of-way for the future extension of Hook Street.
Member Wanda Andrews suggested that car washes, strip malls and banks be added to
the list of prohibited uses.
Vice Chairman Renick suggested that automotive services also be disallowed.
3. APPLICATION FOR A SMALL SCALE COMPREHENSIVE PLAN
AMENDMENT
APPLICANT: Richey & Crawford, P.A. for Janet Christoff
OWNER: David and Marilyn Bender
REQUEST: A Small Scale Comprehensive Plan amendment changing the Land Use
Classification from Residential to ResidentiaVProfessional and changing the Land Use
District from UD-3 to UD-5 for the purpose of constructing a professional office
complex.
LOCATION: The subject property is located between U.S. 27 and Bloxam Av., North of
Pitt St. and directly North of the Sunnyhill Apartments.
SIZE OF PARCEL: 5 +/- acres.
EXISTING ZONING: R-3 Residential/Professional District. Zoning to the North, South,
and West is R-3 and zoning to the East is C-2 Commercial.
EXISTING LAND USE: Vacant. Property to the North and East is vacant, to the South
is the Sunnyhill Apartments, and to the West is single family residential.
FUTURE LAND USE: Residential. Property to the East and South is classified
Commercial land use and property to the North and West is Residential land use. The
subject property and all surrounding properties are in the Undeveloped District-5 (UD-5)
land use district.
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PLANNING AND ZONING COMMISSION
NOVEMBER 2,1999
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Director of Planning Brown explained that the applicant is proposing to develop a
professional office complex. Professional office is an appropriate use for this area and
provides an appropriate buffer between U.S. 27 to the East and single family residential
uses to the West, Staff therefore recommends approval of this request.
At the time Vice Chairman Renick asked all those present who wished to speak in
regard to this case to be sworn in. Persons sworn in were Chris Davis of 110 Patricia
Street, Clermont, Florida.
Mr. Davis, representative of the applicant, stated that they believe the professional
offices would be a good buffer between Highway 27 and the residential area on the
west side of Bloxam Avenue. Mr. Davis stated that he has spoken with the 3
homeowners to the west of the property and 2 of the 3 agreed that professional offices
would be a good use for the property, the third believed that leaving the property vacant
would be the best use.
Member Michael Floyd asked if the properties access would be from Highway 27 or
Bloxam Avenue.
Mr. Davis stated that they have been working with FDOT and they would have access
from both Highway 27 and Bloxam Avenue.
Planning Director Brown noted that the property is zoned R-3 which would allow
professional offices but only with a Conditional Use Permit, which would give the
Commission the ability to require additional buffering to the west between the
professional offices and the residential properties and any other conditions the
Commission would feel necessary.
Member Misty O'Bar expressed her concerns with additional traffic in this residential
area and near the elementary school.
Vice Chairman Renick agreed with Member Misty O'Bar and felt the property should
remain residential.
Planning Director Brown reminded the Commission that the property is presently in the
UD-3 Future Land Use District which allows single family residences, multifamily
attached residences and tourist accommodations. It is unlikely that the property would
be developed for single family residences with its close proximity to Highway 27. The
other option would be multifamily, which with the UD-3 Land Use District would allow a
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density up to 8 units per acre. UD-5 Land Use District would allow single family, duplex
and town homes, multifamily, parks, schools, utilities, etc. Parcels located west of
Grand Highway, such as the subject property, would also be allowed nursing home
facilities, professional offices, retail businesses, including restaurants as a Planned Unit
Development.
After a brief discussion, a motion was made by Charles Forth to recommend approval
of the request, with the notation that the Planning and Zoning Commission would like
the access to the proeerty from Highway 27, not through to Bloxam Avenue. The
motion was seconded by Bill Rauch and approved by a unanimous vote.
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.
There being no further business the meeting was adjourned.
Elaine Renick, Vice-Chairman
ATTEST:
Mimi Ogden, Planning and Zoning Secretary