06-02-1998 Regular Meeting~ »
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
JUNE 2, 1998
The meeting of the Planning & Zoning Commission was called to order Tuesday, June 2, 1998 at
7:00 P.M. by Chairman Robert Smythe. Members present were Joseph Janusiak, Bill Rauch,
Marilyn MacLauchlin, Michael Floyd, Darryl Bishop, Keith Mullins and Scott Grubbs. Member
Joseph Wiebush was absent. Also attending were Lanny Harker, Director of Planning, Barry
Brown, Principal Planner and Sharon Martin, Planning and Zoning Clerk.
MINUTES of the Planning and Zoning Commission meeting held May S, 1998 were approved as
presented.
1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Levitt Homes
GENERAL LOCATION: Project generally located north of State Road S0, south of"Old"
Highway S0, west of and adjacent to Greater Hills Subdivision.
REQUEST: A request for a Conditional Use Permit to amend Resolution No. 988. The request
is to amend the legal description of the previously approved Planned Unit Development by
amending the legal description to obtain consistency with the realignment of North Hancock
Road.
Mr. Harker briefly explained that the applicant is requesting an amendment to their west property
line to match the relocation of the proposed North Hancock Road. Staff therefore recommends
approval of the proposed use with the following condition:
1. Approval of the proposed use shall be conditioned upon compliance with all previous
conditions specified in Resolution No. 988.
A motion was made by Bill Rauch to recommend approval to the City Council as presented by
staff, seconded by Joseph Janusiak, approved by a unanimous vote.
2. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: George E. Wood
LOCATION: 1260 Grand Highway
REQUEST: A request for a Conditional Use Permit to amend Resolution No. 820 to allow the
operation of a professional office in conjunction with a residential dwelling unit, located in the
R-3-A ResidentiaVProfessional Office District.
Mr. Harker explained that the applicant is requesting a Conditional Use Permit for a combined
residence and architects office to be located on the above described property.
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The subject site lies on the northwest corner of the intersection of Grand Highway and Almond
Street. Surrounding land uses include residential to the north and west, residential and
commercial to the south, and commercial (Clermont Regional Shopping Center) to the east.
Surrounding zoning is R-2 (Medium Density Residential) to the north and west, R-3-A
(ResidentiaVProfessional District) and C-2 (Highway Commercial) to the south, and C-2
(Highway Commercial) to the east.
At the request of property owners fronting Grand Highway this site and other contiguous
properties were rezoned to R-3-A on Apri126, 1994. Subsequent to that formal action, on May
24, 1994 the City Council approved a Conditional Use Permit for aone-person Doctors Office.
That office ceased operation approximately 1-2 years ago and has not functioned as any form of
professional office since that time. The applicant is now requesting utilization of the property for
a combined residence and Architects Office which is a less intensive use than that previously
approved for this location.
Based upon demonstrated consistency with required zoning district classification, future land use
district and land use map designations, and previous approval for a professional office use at this
location, Staffrecommends approval of the proposed use with the conditions as outlined in the
Commissions packet.
A motion was made by Marilyn MacLauchlin to recommend approval to the City Council as
presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote.
3. REQUEST FOR REZONING
APPLICANT: Steven J. Richey, P.A.
GENERAL LOCATION: Parcel generally located west of U.S. Highway 27 and lying both
north and south of Vista Del Lago Blvd.
LEGAL DESCRIPTION: A portion of the abandoned Monte Vista Farms, lying in Section 9,
Township 23 South, Range 26 East.
REQUEST: Rezoning from UE Urban Estate Residential District to C-1 Light Commercial
District.
Mr. Harker explained that the subject site, containing 5 +\- acres, is located west of and adjacent
to US Highway 27, and south of the approved Legends Planned Unit Development. Vista Del
Largo Boulevard is essentially the west continuation of Hartwood Marsh Road which enters the
Vista Del Largo Subdivision. The applicant has requested annexation into the City and subsequent
rezoning to a commercial land use. The annexation and rezoning are scheduled for final City
Council action on June 23, 1998.
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In accordance with adopted City regulation, all properties annexed into the City of Clermont
automatically receive designation as Urban Estate District (UE) upon formal approval for
annexation by the City Council. The rezoning request from Urban Estate District (UE) is a
separate action which is scheduled to immediately follow the annexation request.
The property, as currently designated in Lake County, has an "Urban Expansion" Future Land
Use Designation and a CP (Planned Commercial) Zoning Classification. The applicant\owner of
the property is requesting development as commercial property and rezoning to a City
Commercial Land Use Designation for the site.
The subject site is presently vacant. At the time of this request no plans have been submitted to
the City for specific development of the site.
Surrounding land use includes the Kings Ridge Development of Regional Impact project to the
north and northeast, on both sides of US Highway 27. Vista Del Largo Subdivision to the west.
Vacant property and residential development to the south, and vacant property to the east.
The Lake County Comprehensive Plan indicates the area to develop in an "urban expansion" land
use pattern. The subject property presently has "vested rights" commercial land use in
accordance with the adopted Lake County Comprehensive Plan, and commercial zoning is already
established as part of the Vista Del Largo Subdivision approval. In addition, the subject site
directly abuts the designated commercial land use area permitted as part of the Kings Ridge DRI.
Mr. Harker further stated that recognizing the site is adjacent to one of the two approved
commercial areas of the Kings Ridge Development of Regional Impact, demonstrates consistency
with approved Lake County Land Use directives for future growth and development, and
currently demonstrates "vested rights" interest for commercial use of the site, the City Staffwill
recommend approval of the rezoning from UE (Urban Estate District) to C-1 (Neighborhood
Commercial Business District) subject to formal action of the City Council for the requested
annexation.
Mr. Jimmy Crawford, representative of the applicant, stated that the potential buyer of this
property is presently negotiating with potential users of the property, one of these being a
restaurant which require a Conditional Use Permit.
A motion was made by Marilyn MacLauchlin to recommend approval to the City Council as
presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote.
4. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: School Board of Lake County
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GENERAL LOCATION: Parcel generally located approximately 1 mile north of Hartwood
Marsh Road on the east side of Hancock Road.
REQUEST: A request for a Conditional Use Permit to allow the construction of a Public School
Facility (middle school), located in the UE Urban Estate Residential District.
Mr. Harker explained that the proposed project is to be located on the "new" south extension of
Hancock Road between Johns Lake Road and Hartwood Marsh Road. The total campus is to
cover thirty (30) acres of land area adjacent to the City of Clermont Utility Site.
Essentially, the school facility is a product of the final Development Order for the Kings Ridge
Development of Regional Impact. As one of the conditions of the approval the developer was to
make available a school site for purchase by the Lake County School Board. The school board
was provided an option to purchase the site at any time within one (1) year of the effective date of
the Development Order. The school board has exercised that option and now wishes to formally
permit the school through the City of Clermont Conditional Use Process.
The City of Clermont Land Development Regulations allow placement of a school facility in any
of the City Zoning Districts provided that a Conditional Use Permit is granted by the City
Council. As part of the request for the facility the school board has asked provision of a 40' x
220' easement (ingress, egress and utilities) across the City Utility Site.
Recognizing the City Council has already discussed and approved potential provision of a school
at this location through the Development Order and Conditional Use Permit for the Kings Ridge
Project, Staff recommends approval of the Lake County School Board Conditional Use Permit
with the conditions as outlined in the Commissions packet.
Mr. Jerry Cox, representative of the School Board, stated that they would be having a meeting
with City Staff next week to discuss some of the conditions.
A motion was made by Bill Rauch to recommend approval to the City Council as presented by
staff, seconded by Joseph Janusiak, approved by a unanimous vote.
5. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: School Board of Lake County
GENERAL LOCATION: Parcel generally located at the end of Johns Lake Road approximately
'/e of a mile west of Hancock Road.
REQUEST: A request for a Conditional Use Permit to allow the construction of a Public School
Facility (elementary school), located in the R-1 Urban Residential District.
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Mr. Harker explained that the proposed project is to be located on the property at the west end of
the existing John's Lake Road. The total campus is to cover twenty-two (22) acres of land area
adjacent to Lake Felter and north of Kings Ridge. The City of Clermont Land Development
Regulations allow placement of a school facility in any of the City Zoning Districts provided that a
Conditional Use Permit is granted by the City Council.
Surrounding land use patterns include the Kings Ridge Community south of Lake Felter. A
mixture of one to five acre residential tract development to the east, and vacant property to the
north and west which abuts Us Highway 27. The existing vacant acreage has been discussed at
City Council workshop and is proposed to develop as a mixed use project known as Lost Lake
Reserve.
Understanding the Lake County School Board is actively trying to construct educational facilities
to meet increasing demand in the South Lake area, and based upon demonstrated consistency with
future land use development directives (Urban Expansion Areas) of the appropriate jurisdictional
entities, Staff recommends approval of the project with the conditions as outlined in the
Commissions packet.
A motion was made by Keith Mullins to recommend approval to the City Council as presented by
staff, seconded by Michael Floyd, approved by a unanimous vote.
SMALL SCALE COMPREHENSIVE PLAN AMENDMENTS
Principal Planner Barry Brown gave a brief synopsis of the process involved in conducting a Small
Scale comprehensive Plan Amendment.
1. APPLICANT: Kevin and Beverly Cunningham
PROPERTY ADDRESS: 6 Sunnyside Dr., near intersection of Sunnyside Dr. and Bowman St.
LEGAL DESCRIPTION: Lots 22, 23, and 24, Block 7, Sunnyside Unit Clermont Heights.
REQUEST: The applicant is requesting a change from Residential land use classification to
ResidentiaUProfessional and a change in land use district designation from ERD-2 (Established
Residential District-2) to EBD-2 (Established Business District-2).
Principal Planner Barry Brown explained that the subject property consists of 3 lots with an
existing residential dwelling unit. The purpose of the request is to allow professional office use as
well as residential use of the existing residence. Property adjacent to the north is classified
ResidentiaUProfessional land use, while other surrounding properties to the east, south, and west
are classified as Residential land use. The subject property is zoned R-2. Property to the north is
R-3, while zoning to the east, south, and west is R-2.
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Property to the north includes professional office/residential use. To the east and south are
residential structures and the property immediately adjacent to the west is vacant. Although
properties to the north are currently professional office, they all front Bowman St. This land use
change would allow the first professional office use on Sunnyside Dr.
The requested change to ResidentiaVProfessional land use classification is not consistent with the
land use district designation of ERD-2 (Established Residential District-2) and will require a
change to EBD-2 (Established Business District-2).
Although properties to the north are classified residentiaUprofessional, they all front Bowman St.
and are across the street from mostly commercial and professional office uses. By granting the
request, professional office use would be extended west on Sunnyside Dr. and into established
residential neighborhoods. Staff recommends denial of the request based on the potential negative
impacts of professional office use to the established residential neighborhoods and the adverse
precedent set for extending the Established Business District-2 (Highway Commercial) into
historic, existing residential areas.
Member Darryl Bishop asked the zoning of lots 1-4 directly across the street from the subject
property.
Mr. Brown stated that they were both single family residential and duplexes on these lots.
At this time Chairman Smythe asked all those present who wished to speak in regard to this case
be sworn in.
Persons sworn in were:
Mr. Harold Roberts of 1115 Chestnut Street, Clermont, Florida.
Mr. James Hawkins of 1400 Bowman Street, Clermont, Florida.
Mr. Roberts stated that he is opposed to this change and he feels this would encroach into the
residential area too much. The present residentiaVprofessional area is along Bowman Street
which would seem to be the natural break into a residential area on Sunnyside Drive.
A motion was made by Darryl Bishop to recommend denial of this request to the City Council,
seconded by Marilyn MacLauchlin, recommendation to deny by a unanimous vote.
2. APPLICANT: Asbury Floyd
GENERAL LOCATION: Northeast corner of Bloxam Av. and Desoto St.
LEGAL DESCRIPTION: Clermont, Homedale South 2 of Lot 19, Blk 2.
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REQUEST: Change land use classification from Residential to Commercial and a change in land
use district from UD-3 (Undeveloped District-3) to NED-4 (Non-Established District -4).
Mr. Brown explained that the subject parcel is the South'/z of Lot 19 and contains a vacant
building that was used as a Hair Salon in the past. The purpose of this request is to allow the
applicant to once again use the existing building as a Hair Salon. After adoption of the Future
Land Use Map, the Salon became anon-conforming use that would be allowed today if it had
stayed in continuous use. The property lost its vested use rights because it was vacant for over
one year. A Future Land Use change is now necessary to permit the historic use of the property.
The property retains its original C-l, Commercial zoning.
Property to the north, east, and west is classified as Residential land use and property to the south
is Public Facilities/Institutional. Property to the north and east is currently in residential use;
property to the South is the newly designated William N. McKinney Park; property to the
southwest is Clermont Elementary School and property to the northwest is vacant.
Commercial land use is not consistent with the UD-3 (Undeveloped District-3) and therefore a
redesignation to NED-4 (Non-Established District) is required.
Based upon the need for personal services internal to the community and given the parcel retains
its Commercial zoning, staff recommends approval for this land use change.
A motion was made by Marilyn MacLauchlin to recommend approval to the City Council as
presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote.
3. APPLICANT: Jim Gant
GENERAL LOCATION: Corner of Sunnyside Dr. and Laurel Street
LEGAL DESCRIPTION: Lots 25 and 26 Sunnyside Unit Clermont Heights.
REQUEST: Change in land use classification from Residential to ResidentiaUProfessional and a
change in land use district from ERD-2 (Established Residential District 2) to EBD-2 (Established
Business District-2).
Mr. Brown explained that the subject property is two vacant lots on Sunnyside Dr., one of which
is on the corner of Sunnyside Dr. and Laurel Street. The owner is planning to construct three
residential rental units on the parcel and would like the potential to convert these units to
professional office in the future.
Surrounding properties are classified as Residential land use and are zoned R-2. Actual land use
to the north is vacant, to the east, south and west residential.
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While the subject parcel is not currently adjacent to the requested Residential/Professional, the
adjoining property to the east (Cunningham parcel) is adjacent to Residential/Professional and is
requesting a similar change. If the Cunningham property is granted the requested
ResidentiaUProfessional, there is the potential for a continuous stretch of ResidentiaUProfessional
along Bloxam St. and Sunnyside Dr. from S.R. 50 to Laurel St.
The requested land use change is not consistent with ERD-2 (Established Residential District-2)
and will require a change to EBD-2 (Established Business District-2).
The subject property is not currently adjacent to ResidentiallProfessional land use. By granting the
request, professional office use would be extended west on Sunnyside Dr. to Laurel St. and into
established residential neighborhoods. Staffrecommends denial of the request based on the
potential negative impacts of professional office use to the established residential neighborhoods
and the adverse precedent set for extending the Established Business District (Highway
Commercial) into historic, existing residential areas.
A motion was made by Bill Rauch to recommend denial of this request to the City Council,
seconded by Michael Floyd, recommendation to deny by a unanimous vote.
4. APPLICANT: Mary L. Hull-Hams
GENERAL LOCATION: Northwest corner of intersection of Bloxam and Minnehaha.
LEGAL DESCRIPTION: Clermont, Forty Pines Lot 3
REQUEST: Change in land use classification from Residential to Residential/Professional and
change in land use district from NED-5 (Non-Established District-5) to EBD-2 (Established
Business District-2).
Mr. Brown explained that the subject parcel is a single lot that contains asingle-family residential
dwelling unit. The purpose of the request is to allow for professional office use of the existing
structure.
Property to the south and west is classified as Residential land use and property to the north and
east is Commercial. The subject property is zoned R-2. Property to the south and west is zoned
R-2, to the north C-1 and to the east C-2. Actual use of the property to the south is residential; to
the west is residential, including the Oak Park ACLF property adjacent to the north is residential
and to the east commercial.
The requested use is not consistent with the NED-5 land use district and will require a change to
EBD-2 (Established Business District-2).
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With commercial use to the east and Commercial zoning to the north, the requested Professional
Office will provide a buffer between these commercial uses and the established residential uses to
the south. Staff recommends approval of the requested land use change. However, staff has
concerns with the proximity of this property to the intersection of Bloxam Avenue and Minnehaha
Avenue and the potential for congestion at this intersection. Based on the potential for adverse
traffic conflict, staff recommends a future restriction in zoning to the R-3-A district.
At this time Chairman Smythe asked all those present who wished to speak in regard to this case
be sworn in.
Persons sworn in were:
Shirley Boudreau of 1550 Bloxam Avenue, Clermont, Florida.
Mrs. Boudreau stated that she feels the property is a danger due to a large tree that needs to be
removed.
Chairman Smythe explained that the Planning and Zoning Commission could take any action
regarding the removal of the tree.
At this time Mary Hams, applicant, of 401 Community Way, Howey-in-the Hills, Florida was
sworn in.
Mrs. Hams stated that she has had her insurance agent look at the tree and he does not feel it is a
danger.
A motion was made by Marilyn MacLauchlin to recommend approval to the City Council as
presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote.
5. APPLICANT: John Kamanar
GENERAL LOCATION: 872 Hook St. B Near intersection of Hook St. and U.S. 27.
LEGAL DESCRIPTION: Clermont, Lake Minneola Chain O' Lakes Lot 1, Blk 2
REQUEST: Change land use classification from Residential to ResidentiaUProfessional and
change in land use district from ERD-6 (Established Residential District-6) to UD-2
(Undeveloped District-2).
Mr. Brown explained that the subject parcel is on Hook St. to the west of the Cumberland Farms
on U. S. 27. It contains asingle-family residential unit. The purpose of the request is to make the
property more marketable as professional office.
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Property to the south and west is classified as Residential land use, zoned R-1, and in the ERD-6
land use district. Property to the north and east is Commercial, zoned C-2, and in the UD-2
(Undeveloped District-2). Actual land use to the south and west is residential, to the north is
vacant commercial currently under construction, and Cumberland Farms adjoins the subject
property to the east.
The request is not consistent with the ERD-6 district and will require a change to UD-2. It will
also require rezoning from R-1 to R-3.
Prior Councils established Hook St. as the dividing line between commercial to the north and
residential uses to the south. In the past the City has used ResidentiaUProfessional to buffer
residential from commercial uses. In these instances, a strip of ResidentiaUProfessional was used
as a transition zone and buffer, whereas this request is for a single lot only. Also, this lot is not
adjacent to any existing ResidentiaVProfessional land use. Staff recommends denial.
A motion was made by Keith Mullins to recommend denial of this request to the City Council,
seconded by Marilyn MacLauchlin, recommendation to deny by a unanimous vote.
6. APPLICANT: South Lake Center, Inc.
GENERAL LOCATION: South side of S.R. 50, West of East Jack=s Lake Rd.
LEGAL DESCRIPTION: Tract 18, Section 29, Township 22 South, Range 26 East.
REQUEST:. Change in land use classification from ResidentiaUProfessional to Commercial.
Mr. Brown explained that the subject property is approximately 9 vacant acres with frontage on
the south side of S.R. 50. The purpose of the request is to allow development of a mixed-use
project consisting of retail commercial, restaurant, and professional office.
Property to the north is classified as Commercial land use; property to the east, south, and west is
in the unincorporated County. County zoning on property to the east is Commercial and
Residential; to the south R-6, Residential; and to the west Commercial. The parcel is currently
zoned R-3 and will require rezoning to Commercial.
The actual use of surrounding properties is vacant to the north and south, residential to the east
and mostly vacant with some commercial to the west.
The requested use is consistent with UD-2 (Undeveloped District-2) which allows for commercial
uses.
One of the goals of planning is to avoid strip commercial in an effort to protect traffic flow and
promote mixed uses. Currently there are approximately 45 acres of Commercially zoned land to
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the north of the subject property and the potential for even more commercial to the west near the
intersection of S.R. SO and U.S. 27. In addition, the nature of the immediate area is being defined
by: existing professional office at the corner of S.R. SO and E. Jacks Lake Rd., existing residential
to the east, and a future Adult Congregate Living Facility to the south.
Given the existing trend toward residential and professional office uses in the area and a need to
provide professional office and multi-family units to serve the hospital and college to the north,
staff recommends reserving the south half of the intersection of S.R. SO and E. Jacks Lake Rd. for
residentiaUprofessional office uses and therefore recommends denial of the request.
At this time Chairman Smythe asked all those present who wished to speak in regard to this case
be sworn in.
Persons sworn in were:
Patricia Shoemaker of 14745 Johns Lake Road, Clermont, Florida.
Robert Thompson, applicant, of 1958 Brantley Circle, Clermont, Florida.
Mr. Thompson said it is not the intention to put a stripe center at this location. He believes their
intent is to build a commercial building, hopefully a restaurant. Mr. Thompson stated that
allowing commercial on the front half of his parcel and professional office on the south half would
give a buffer to the residential properties to the south. Perhaps this could be redefined to include
only the front half as commercial. Mr. Thompson asked if this was the recommendation.
Principal Planner Brown explained that the recommendation was to keep the entire property as
residentiaUprofessional office.
Planning Director Harker explained that this is essentially the function of the land use surrounding
this parcel, with professional office on the east side, existing professional office on the west side
and at least a ten acre AILF on the southwest side, with existing residential also presently located
on the east side. Putting commercial in the middle of all that residential and non-commercial
areas, just does not fit. Secondly one of the main focuses of the Department of Community
Affairs is to not allow strip commercial. Staff has therefore recommended that this parcel remain
residentiaUprofessional office.
Mr. Thompson said that he believes the property owner to the west of his parcel is anticipating his
property to go commercial. The property to the north is presently commercial. Mr. Thompson
further stated that he does not feel it would be bad to allow commercial on what will be a six lane
highway in the near future.
A motion was made by Bill Rauch to recommend denial of this request to the City Council,
seconded by Michael Floyd, recommendation to deny by a unanimous vote.
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Mr. Bishop asked why staff would not want to see a restaurant at this location.
Mr. Harker explained that the application before the Commission is for the entire parcel to be
changed to commercial. It would therefore be necessary for the applicant to reapply, changing
the request to only the north'/z of the parcel, when the next small scale amendment is done.
Much further discussion ensued regarding the location of commercial and professional office
nodes.
At the conclusion of the discussion, Mr. Thompson stated that he would withdraw his application
and resubmit a revised application at a latter date.
7. APPLICANT: Kathy M. Hillary
GENERAL LOCATION: U. S. 27 and Steve's Rd.
LEGAL DESCRIPTION: Lake Highlands 32-22-26 Tract 5
REQUEST: Change in land use classification from Residential to Commercial.
Mr. Brown explained that the subject property is approximately 10 acres of vacant land. The
purpose of the request is to allow commercial development.
Property to the north is classified as Residential land use and is zoned R-1. Property to the east is
in the County and has a future land use classification of urban expansion, which would allow for
commercial use. Property to the south is in the City but has not been assigned a land use
classification. Property to the west has recently been annexed into the City and zoned
Commercial.
The actual land use of surrounding properties is vacant. The requested use is consistent with UD-
2 (Undeveloped District-2) which allows highway commercial.
Compatible land uses in the area include County zoned commercial at the intersection of U.S. 27
and Steve's Road and commercial and industrial uses north of Steve's Rd. on U.S. 27. The
requested use is a logical expansion of neighborhood commercial. Based on consistency with
UD-2 (Undeveloped District-2) uses, the current zoning of properties to the west, and proximity
to U. S. 27, staff recommends approval for this land use change.
At this time Chairman Smythe asked all those present who wished to speak in regard to this case
be sworn in.
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Persons sworn in were:
Kathy Hillary, applicant, of 2390 Lakeview Avenue, Clermont, Florida.
Mrs. Hillary stated that this is the eastern portion of 15 acres at the corner of Steves Road and
Highway 27 that was recently annexed into the City.
A motion was made by Marilyn MacLauchlin to recommend approval to the City Council as
presented by staff, seconded by Bill Rauch, approved by a unanimous vote.
There being no further business the meeting was adjourned.
Robert Smythe, Chair an
ATTEST:
t ~
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Mimi gden, Planning nd Zoning Specialist