05-06-1997 Regular Meeting
CITY OF CLF.RMONf
MINUTES
PLANNING AND ZONING COMMISSION
MAY 6, 1997
The meeting of the Planning & Zoning Commission was called to order Tuesday, May 6, 1997 at
7:00 P.M. by Chairman Robert Smythe. Members present were Keith Mullins, Darryl Bishop,
Joseph Janusiak, Marilyn MacLauchlin, Joseph Wiebush, Michael Floyd and Bill Rauch. Member
James Brown was absent. Also attending were Lanny Harker, Director of Planning and Mimi
Shaw Ogden, Planning Technician.
MINUTES of the Planning and Zoning Commission meeting held April 1, 1997 were approved as
presented.
1. REQUEST FOR REZONING
APPLICANT: Orange Blossom Fruit Company, Inc. & Crittenden Fruit Company, Inc.
LEGAL DESCRIPTION: The north 5/8 of the east 1/2 of the northwest 1/4; and the
south 3/4 of the southeast 1 /4 of the northwest 1 /4, lying in Section 3, Township 23
South, Range 26 East.
GENERAL LOCATION: Parcel generally located approximately 1,300 feet south of
Johns Lake Road.
REQUEST: Rezoning from UE Urban Estate to R-1 Urban Residential District.
Mr. Harker explained that the subject site, containing 80 +1- acres, is located south of
John's Lake Road, east of Hancock Road and adjacent to the existing City central
water and sewer facility. At the time property is annexed into the City of Clermont it
automatically receives designation as Urban Estate (UE) which requires a one (1) acre
lot size. The owner of this site is requesting rezoning to R-1, Urban Residential
District, for the property described above.
The property was historically utilized as a citrus grove but since the freezes of the
1980's that form of agricultural has been terminated and the site has remained dormant
to this time. A single family subdivision is planned for the site however a specific plan
for development has not been formulated as of this date.
Existing land use of surrounding properties shows five (5) acre parcel residential
development to the north, vacant/agriculture to the south and east, and the City utility
and Kings Ridge Planned Unit Development to the west.
Mr. Harker further stated that the City Comprehensive Plan and zoning of adjacent
property indicates a residential expansion pattern for the area. The applicant has
indicated future development as residential. Based upon consistency with the
approved Comprehensive Plans of the City and County, Staff recommends approval of
the rezoning from UE (Urban Estate District) to R-1 (Urban Residential District).
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At this time Chairman Smythe asked all those present who wished to speak in regard to
this case be swom in.
Persons swom in were:
Charles Harrell of 12121 C.W. Harrell Road, Clermont, Florida
Shirley Harrell of 12117 C.W. Harrell Road, Clermont, Florida
Charles Harrell distributed to the Commission a written copy of the reasons for
opposition to this rezoning and a petition signed by nearby property owners. Mr.
Harrell explained their concerns regarding overcrowding of schools, like rural living not
urban and desire to raise animals (i.e. cows and horses).
Shively Harrell stated that her property directly adjoins the subject property, she does
not wish to relocate, and further noted problems that can arise when rural properties
abut urban properties.
Chairman Smythe noted that he too would have these concerns if he were in the same
situation. The overcrowding of the schools is not an issue the City can address, the
growth is moving in the direction of Clermont and there is nothing that can be done to
stop it.
Member Marilyn MacLauchlin explained that by annexing the property into the City, the
City would have greater control of its development (i.e. density, roads, etc.), however, if
the property were to be developed while in the county the density could be greater.
Planning Director Harker explained that 60°~ of all building permits issued in Lake
County are being issued in South Lake County. The County does not want to be a
supplier of water and sewer, if the City does not provided these items the only other
alternative will be package plants, which have historic problems with environmental
compliance. The City is basically trying to control there own destiny. The City can
regulate the density or the County can regulate the density.
Charles Harrell asked that the Commission consider requiring one acre parcels along
the back of this property that abuts the existing Agricultural properties.
Much further discussion followed regarding ingress/egress to the subject property.
A motion was made by Darryl Bishop to recommend approval to the City Council as
presented by staff, seconded by Bill Rauch, approved by a unanimous vote.
2. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Jeffrey C. and Rose M. Biddle
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MAY 6, 1997
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LOCATION: 915 West Montrose Street
REQUEST: A Conditional Use Permit to amend Resolution No. 870 to allow retail
sales and restaurant uses in conjunction with the existing Bed and Breakfast in the
CBD Central Business District.
Planning Director Harker stated that Staff ask that this request be postponed until the
June 3, 1997 meeting.
3. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Bob Wade
GENERAL LOCATION: Northwest corner of U.S. Highway 27 (Service Road) and
Hook Street.
REQUEST: A request for a Conditional Use Permit to allow the construction of a motel
and two additional commercial uses, located in the C-2 General Commercial Business
District.
Mr. Harker explained that the applicant is requesting a CUP for a Motel and two (2)
additional commercial uses to be located on the former drive-in theater property and
adjacent property along the U.S. 27 frontage road. The project is to be subdivided into
three (3) separate parcels with the motel occupying the center parcel and the
commercial parcels being located at each end of the subject property. A frontage road
connector system is proposed to assist in accommodation of truck and automobile
traffic generated by the proposed uses.
Surrounding land use is commercial (Clermont Bait and Tackle Shop), residential (Oak
Ridge Apartments), and vacant property to the north, the Hook Street right-of-way,
commercial (Cumberland Farms convenience store) and residential to the south,
institutional (First Christian Church) and residential to the west, and U.S. 27 to the east.
Surrounding zoning is R-2 (medium density residential} to the west, R-1 (Urban
Residential) and C-2 (Highway Commercial) to the south, and C-2 (Highway
Commercial) to the north and east.
The proposed request is in conformance with the designation of the Future Land Use
Map (Commercial Land Use), Future Land Use District designation (UD-2), and Zoning
District classification (C-2) for the proposed use.
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Pursuant to information provided above, Staff recommends approval of the Conditional
Use Permit for the proposed use with the following conditions:
1. The conditions as set forth in this Conditional Use Permit shall be legally binding
upon any heirs, assigns and/or successors in title or interest.
2. 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 of the City Site Review Committee prior to
authorization and issuance of a development permit.
3. The Permittee/ Developer shall eliminate all formal pending Code Enforcement
violations pertinent to the site prior to receipt of a development permit from the City and
initiation of ~ form of development activity on the site. Specifically, development of
the site shall not occur until legal resolution of the Code Enforcement Violation has
been performed.
4. All applicable rules and regulations for development within the City shall be met,
including but not limited to, final site plan approval, landscaping, drainage, parking and
sign regulations, and all yard setbacks. All required landscaping shall be served with a
low volume permanent irrigation system including City approved and State mandated
back flow prevention device and rain sensor gauge. All landscape areas shall be
properly maintained. The drainage and stormwater retention requirements of the City
and the appropriate regulatory agencies shall be met, and approved by the City
Engineer. These areas shall be properly maintained.
5. A St. John's River Water Management District stormwater permit shall be
required and filed with the City prior to issuance of a development permit or any
development activity.
6. stormwater retention areas shall be constructed at a maximum relief 3:1 (H:V).
The side slopes shall be sodded. All other areas being disturbed shall be stabilized
with a combination of grass species appropriate for prevention of erosion according to
standards acceptable to and approved by the City Site Review Committee.
7. Permeability tests must be submitted as part of the site plan review process.
8. Verification of the stormwater run-off data and other assumption 8~ calculations
shall be provided and approved by the City Engineer prior to any development activity.
Positive outfall for stormwater shall be provided as approved by the City Engineer.
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MAY 6, 1997
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9. The applicant shall submit a detailed excavation, grading and erosion control
plan for the site during the site plan review process which must be approved by the City
Site Review Committee prior to initiation of development activity.
10. All excavated material shall be stored in a location approved by the City
Engineer.
11. Roadway improvement plans for Hook Street, the Frontage Road and U.S. 27,
including but not limited to right-of--way dedication, access drives, accel/decal lanes,
turn lanes, traffic signalization devices, signage, traffic movement lanes and curb and
gutter shall be submitted to and approved by the City Site Review Committee, Lake
County and Florida Department of Transportation prior to commencement of any
development activity. Total costs of the improvements will be borne by the applicant.
All applicable Florida Department of Transportation and Lake County permits shall be
required prior to commencement of any development activity.
12. The developer/permittee shall be responsible for the cost of all required on-site
and off-site infrastructure improvements necessitated by impacts of the project.
13. All lots shall be provided ingress/egress from the interior roadway system. The
actual number and location of driveways from the US 27 frontage road shall be as
approved by the City Site Review Committee and the Florida Department of
Transportation.
14. The permitteeldeveloper shall install a sidewalk in accordance with City
standards along Hook Street and along the US 27 frontage road as approved by the
City Site Review Committee. All required sidewalks shall extend the length of the
subject property.
15. The permittee/developer shall submit a landscape plan which will address
required landscape provisions for the site, to include a berm incorporating a ten (10)
foot wide opaque buffer adjacent to the north side of the property. All other required
landscape shall be provided in compliance with City codes for buffering and screening.
The required plan shall be submitted to and approved by the Site Review Committee
rior to issuance of any development permit.
16. Ingress/egress to the site for construction shall be from the frontage road only.
No ingress or egress of machinery or trucks shall be allowed directly from Hook Street.
17. Noise levels during construction of the project shall not exceed those
recommended by F.D.E.P. Heavy equipment and normal work operations will be
allowed on the site between the hours of 7:00 A.M. and 7:00 P.M. Monday through
CITY OF CLERMONT
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Saturday. Construction equipment preparation, noise or machinery engines will not
commence earlier than 7:00 A.M. on any day.
18. In the event that overall site preparation is proposed to commence prior to actual
structure construction for a specific phase or phases of the project, the permittee, heirs
or assigns shall provide a complete reclamation plan for the land area being prepared.
Reclamation shalt be performed in conformance with the reclamation plan approved by
the City Engineer, and in accordance with accepted best management practices (BMP)
designated by publications of the U.S.D.A. Soil Conservation Service and St. Johns
River Water Management District. The minimum reclamation plan shall address the
following characteristics:
A. Objective -The primary objective of the reclamation plan is to provide for
a final project site which is conducive to future development, compatible
with the surrounding topography and approximate pre-construction
surface water drainage characteristics without subsequent erosion. The
~nai grading of the project site shall conform to the grades, lines, slopes
and contours shown on the approved reclamation site plan.
B. Grading and stabilization -All areas disturbed during the land
preparation operation shall be graded, dressed and stabilized, in
accordance with the approved reclamation site plan and the U.S.D.A.,
S.C.S. recommendations. Topsoil from the site shall be stockpiled and
applied as the final soil cover material for all reclaimed areas. The
retention areas shall be regraded to the original dimensions and
stabilized in accordance with plans approved by the City Engineer.
C. .Landscaping and reforestation- Within 30 days all areas of the subject
site shall be seeded and mulched, or sodded, as required to control
erosion and prevent the creation of washes, rills, gullies, etc. All site
areas shall also be seeded with a quick growing grass species which wilt
provide an early cover during the season in which it is planted, and will
not later compete with the permanent grassing. All City of Clermont
landscape and tree requirements shall be complied with. All reforestation
operations shall provide a minimum density of 20 hardwood trees per
acre. Acceptable tree species shall be in compliance with the City of
Clermont Land Development Regulations. Conversely, tree species
designated as undesirable by the City of Clermont Land Development
Regulations shall not be acceptable.
D. Reclamation time horizons - At the end of six months from the
completion of the reclamation project, at least 80% of the reclaimed areas
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MAY 6, 1997
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shall have permanently established ground cover. By the end of one
year, ground cover shall be established on 100°~b of the reclaimed areas.
Should erosion problems occur prior to final approvals by the City of
Clermont, such eroded areas shall be regraded and stabilized as
necessary to comply with the intent of this reclamation requirement.
E. Structure and debris eradication -All debris, refuse, junk, poles, piling,
cables and other related articles shall be removed from the project area
as part of the reclamation process. Any structures erected during the
development operation shall be dismantled and removed, unless
approvals from the appropriate jurisdictional entity permits otherwise. In
general, the area shall be returned to natural conditions that are
conducive to future development and compatible with the surrounding
topography.
19. A site lighting plan shall be provided for review and approval of the City Site
Review committee. Street lighting shall be required along all road frontages in
accordance with adopted FDOT and City Codes.
20. All dumpster and other equipment sites shall be enclosed with masonry
structures with wood gates, in accordance with requirements of the City of Clermont
Land Development Regulations and plans approved by the City Site Review
Committee.
21. All signage shall conform to adopted City Codes and Regulations.
22. Land uses developed on the two (2) end parcels shall be consistent with those
described as commercial business including restaurants, personal service and
professional office uses described under the C-2 Zoning District category. Land uses
other than those described above and those defined as "conditional uses" under C-2
Zoning criteria shall warrant City Council review and approval on an individual parcel
by parcel basis.
23. This permit shall become null and void if substantial construction work on the
site has not begun within one (1) year from the date of formal grant by the City Council
for this Conditional Use Permit. "Substantial construction work" means the
commencement and continuous prosecution of construction of reQUired improvements
ultimately finalized at completion.
24. If any of the stated conditions are violated, the applicant understands and
agrees that the City Council may revoke this Conditional Use Permit by resolution.
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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:
Margaret Price of 836 Hook Street, Clermont, Florida.
Lawson Wolfe of 1275 West Lakeshore Drive, Clermont, Florida.
Rick McCoy, Project Engineer, of 713 W. Montrose Street, Clermont, Florida
Jeff Ball of 11513 CR 455, Montverde, Florida
Rick McCoy, Project Engineer, explained that the site would eventually be subdivided into
separate parcels and gave a brief synopsis of the proposed project. Mr. McCoy noted that as the
motel will be built as a separate entity, they would ask that condition # 12 and # 14 be changed to
allow phasing of certain improvements (i. e. sidewalks, curbing, etc) to be done at the time each
parcel is developed. Condition #13 requires a 10 foot wide buffer adjacent to the north side of
the property, however, this should probably be changed to state the west side of the property as a
buffer between the church property and the residential properties.
Mr. Jeff Ball asked if the condition giving the developer one year meant that construction had to
be completed on all three parcels within that time frame.
Planning Director Harker stated that this condition required construction on the six acre site to
begin within that time frame.
A motion was made by Marilyn MacLauchlin to recommend approval to the City Council as
presented by staff, seconded by Keith Mullins.
Member Darryl Bishop noted that condition #15 should be changed to state west side instead of
north side and condition #18(C) should be changed to read "Within 30 days of notification by the
City all..."
Member Marilyn MacLauchlin amended the motion to include these changes, seconded by Joseph
Janusiak and approved by a unanimous vote.
4. REQUEST FOR REZONING
APPLICANT: City of Clermont
GENERAL LOCATION: Lots 1 through 7, Johnsons Replat Block 117 and parcel of
land lying approximately 100' west of West Avenue, bounded on the north by Lake
Minneola, on the south by railroad right-of-way and on the west by west section line of
Section 24, Township 22, Range 25.
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REQUEST: Rezoning from R-3 Residential/Professional District and C-1 Light
Commercial District to CBD Central Business District.
Mr. Harker explained that the City Council is initiating rezoning of the present
residential and commercial properties located between the railroad right-of--way and
Lake Minneola, that include the former City Maintenance facility and the Dole Citrus
property from R-3 and C-1 to CBD to facilitate complementary business expansion of
the Central Business District. The rezoning will amend only those properties situated
adjacent to Lake Minneola The proposed action is simply a continuation of the
prevailing development pattern within the lake front/downtown business area.
Surrounding zoning of the area is C-1 and M-1 to the south, R-3 to the west, CBD to
the east and Lake Minneola to the north.
The proposed zoning classification CBD is consistent with the Future Land Use District
designation (NED-6, Non-Established District). Mr. Harker read the Non-established
District (NED) as follows:
°A contiguous area of primarily existing development that has demonstrated a tendency
over time toward change in its existing character due to factors that may include
zoning, proximity to major thoroughfares, structural depreciation, speculation and types
of ownership. Criteria established for this district would allow an orderly and desired
change in the existing land use through controlled new development and/or renovation
of existing development."
Mr. Harker further noted that the requested rezoning is also consistent with Future
Land Use Element directives which indicate mixed commercial, residential, professional
office use development and enhanced recreational use to occur in this transitional area
of the City.
Based upon consistency with existing development patterns, and demonstrated
compliance with Future Land Use directives for the area, Staff recommends approval of
this request for rezoning from R-3 and C-1 to CBD.
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:
Howard P. Barry of 439 Carroll Street, Clermont, Florida
CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
MAY 6, 1997
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Mr. Barry stated that he felt the Commission should deny the rezoning request. It
should be the desire of this Commission and the City Council to restrict, as much as
possible, any kind of commercial activities near the Lakes.
Mr. Lawson Wolfe stated that he too is against the rezoning of this property. When the
City originally proposed this rezoning it was to facilitate a marina. Why does the
property need to be rezoned if the marina is no longer an issue and there are no
present plans for development. The Central Business District zoning was originally
designed to facilitate the old downtown area where the existing buildings do not meet
todays requirements (i.e. setbacks). There is also still a big issue on the easement
that was granted to the City by Clermont Builders Supply.
Much further discussion followed.
Susan Wood of 607 West Desoto Street, Clermont, Florida was sworn in.
Mrs. Wood stated that the 1885 plat of the City of Clermont shows this designated as a
park. Mrs. Wood further stated that if the City is going to put a boat ramp on the old
Blue Goose property they should utilize the remainder of the property as a park not as
a commercial venture.
After further discussion, a motion was made by Bill Rauch to recommend denial of the
rezoning to the City Council, seconded by Marilyn MacLauchlin. The motion passed by
a vote of 7 to 1 with Member Darryl Bishop voting nay.
5. Discussion: Downtown Community Redevelopment Agency
Principle Planner Barry Brown gave a brief synopsis and provided discussion on
potential adoption of a Downtown Community Redevelopment Agency (CRA).
There being no further business the meeting was adjourned.
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t
Robert Smythe, Chairman
ATTEST:
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Mimi Shaw Ogden, Planning Technician