02-06-1996 Regular Meeting• •
CCIY OF CI,ERMON7"
MINUTES
PLANNING AND ZONING COMMISSION
FEBRUARY 6, 1996
The meeting of the Planning & Zoning Commission was called to order Tuesday,
February 6, 1996 at 7:00 P.M. by Chairman Robert Smythe. Members present were
Marilyn MacLauchlin, Keith Mullins, Joseph Janusiak, James Brown, Joseph Wiebush,
Wendell McDannel and Bill Rauch. Member Darryl Bishop 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 January 2, 1996 were
approved as presented.
NOMINATIONS FOR CHAIRMAN AND i~ICE-CI~IAIRMAN
Marilyn MacLauchlin nominated Robert Smythe for Chairman and Joseph Wiebush for
Vice-Chairman seconded by Joseph Janusiak. There being no other nominations the
nominations were closed. Mr. Smythe and Mr. Wiebush were unanimously elected
Chairman and Vice-Chairman respectively.
1. REQUEST FOR REZONING
APPLICANT: William A. Dawson
GENERAL LOCATION: Parcel located east of U.S. Highway 2? and south of Steve's
Road (See attached map -Ref. Ordinance #290)
REQUEST: A request for rezoning from UE Urban Estate Residential District to R-1
Urban Residential District.
Mr. Harker explained that the subject site, containing 20+~- acres, is situated
approximately 300 feet east of US 27 and 660+\ feet south~;iteve's Road (CR 2-124$).
In accordan5.e with current City regulation, all properties annexed into the City of
ler;nont automatically receive designation as Urban ,?state District (UF) upon formal
approval for annexation by the City Council. The owner ~~f this site is requesting
e~oning to R-1, Urban Residential District, for the properry descn'bed above.
Future land use recommended by the Lake County Comprehensive Plan indicates Urban
develo merit for the area. This category includes reside:~tial density up to 7 units per
acre; therefore, the 4 units per acre requested by the owner is consistent with densities
recommended to occur in this area.
The existing land use of the property is vacant(agriculture (pine plantings) with no
apparent development project at the present tire. Existing land use of surrounding
properties shows commercial to the west, vacant/agriculture to the east, vacant City
property to the north, and vacant property to the south.
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The City Comprehensive Plan and zoning of adjacent property indicates a residential
expansion pattern for the area. Therefore, rezoning to R-1, Urban Residential District,
and construction of residential housing would be in conformance with approved directives
for future City growth and development.
Mr. Harker further noted that 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) subject to formal action of
the City Council for the requested annexation.
At this time Chairman Smythe asked all those present who wished to speak in regard to
this case be sworn in. No one present wished to be sworn in.
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 REZONING
APPLICANT: Roper McAllister, Inc.
GENERAL LOCATION: Parcel located east of U.S. Highway 27 (See attached map -
Ref. Ordinance 292-M)
REQUEST: A request for rezoning from UE Urban Estate Residential District to R-1
Urban Residential District.
Mr. Harker explained that the subject site, containing 253+\ acres, is located adjacent to
and east of US 27, and approximately 1500 feet south of Steve's Road (CR 2-1248}. In
accordance with current City regulation, all properties annexed into the City of Clermont
automatically receive designation as Utba~i Estate District (UE) upon formal approval
for annexation by the City Council. The owner of this site is requesting rezoning to R-1,
Urban Residential District, for the property. A mixed use, Planned Unit Development
type pattern of development has been indicated for potential use in the future.
Future land use recommended by the Lake County Comprehensive Plan indicates Urban
development for the area. 'This category includes various types of urban development
with residential density up to 7 units per acre; therefore, the 4 units per acre requested
by the owner at this time is consistent with densities and land use patterns recommended
to occur in this area.
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The existing land use of the property is vacantlagriculture with no immediate schedule
indicated for development at the present time. Existing land use of surrounding
properties shows County commercial and residential uses to the west, vacantlagriculture
to the east, vacant City annexed property (Ordinance #290-M) to the north, and vacant/
agriculture property to the south.
The City and County Comprehensive Plans and zoning of adjacent properties indicates
an urban expansion pattern for the area. Therefore, rezoning to R-1, Urban Residential
District, and construction of residential housing would be in conformance with approved
directives for future City growth and development.
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) subject to formal action of the City Council for the
requested annexation.
At this time Chairman Smythe asked all those present who wished to speak in regard to
this case be sworn in. Mr. Robert Londeree of P.O. Box 1077, Windermere, Florida.
Mr. Londeree informed the Commission that he was present to represent Roper
McAllister and Contour Groves, should the Commission have any questions.
A motion was made by Marilyn MacLauchlin to recommend approval to the City Council
as presented by staff, seconded by James Brown, approved by a unanimous vote.
3. REQUEST FOR REZONING
.APPLICANT: Contour Groves, .Inc.
GENERAL LOCATION: Consisting 9f two parcels -the brst parcel is generally located
east of Steves Road and the second parcel is generally located west of Johns Lake Road
and south of Lost Lake Road (See attached snap -Ref. Ordinance #294-M)
REQUEST: A request for rezoning from UE Urban Estate Residential District to R-1
Urban Residential District.
Mr. Harker again explained that the subject sites, containing 131 +\- acres, ere located
east of Lake Wilma and north of Lake Felter, respectively. In accordance with- current
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 owner of this site is requesting rezoning to R-1, Urban Residential
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District, for the property. This is a continuation of the preceding rezoning request where
a mixed use, Planned Unit Development type pattern of development has been indicated
for potential use in the future.
Future land use recommended by the Lake County Comprehensive Plan indicates Urban
development for the area. This category includes various types of urban development
with residential density up to 7 units per acre; therefore, the 4 units per acre requested
by the owner at this time is consistent with densities and land use patterns recommended
to occur in this area.
The existing land use of the property is vacant/agriculture with no immediate schedule
for development at the present time. Existing land use of surrounding properties shows
vacant/agriculture uses to the west, vacant/agriculture and County large lot residential to
the east, vacant/agriculture to the north, and vacant/agriculture property to the south.
The City and County Comprehensive Plans and zoning of adjacent properties indicates
an urban expansion pattern for the area. Therefore, rezoning to R-1, Urban Residential
District, and construction of a mixed use/residential housing use would be in
conformance with approved directives for future City growth and development.
Again, 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) subject to formal action of the City Council for the
requested annexation.
At this time Chairman Smythe asked all those present who wished to speak in regard to
this case be sworn in. There was no one present who wished to be s~vvorn in.
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.
4. REQUEST FOR REZONING
APPLICANT: Charles E. Bosserman, Jr. Trustee
GENERAL LOCATION: Parcel lying both east and west of U.S. ):highway 27 (See
attached map -Ref. Ordinance #296-M).
REQUEST: A request for rezoning from UE Urban Estate Residential District to R-1
Urban Residential District.
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Mr. Harker conveyed that the subject sites are located approximately two (2) miles south
of the intersection of S.R. 50 and US 27. The properties lie on both the east and west
sides of US 27. The applicant has expressed a desire to develop the area in a single
family residential use pattern. In accordance with current 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 owner of
this site is requesting rezoning to R-1, Urban Residential District, for the property.
Future land use recommended by the Lake County Comprehensive Plan indicates Urban
development for the area. This category includes various types of urban development
with residential density up to 7 units per acre; therefore, the 4 units per acre requested
by the owner at this time is consistent with densities and land use patterns recommended
to occur in this area.
The existing land use of the property is vacant/agriculture with no immediate schedule
for development at the present time. Existing land use of surrounding properties shows
vacant and County residential uses to the west, vacant and developing residential (King,s
Ridge Planned Unit Development) to the south and east, and vacantlagriculture (County
and Qrdinance #292-M) to the north.
The City and County Comprehensive Plans and zoning of adjacent properties indicates
an urban expansion pattern for the area. Therefore, rezoning to R-1, Urban Residential
District, and construction of single family residential housing would be in conformance
with approved directives for future City growth and development.
Mr. Harker advised that 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) subject to formal action of the City
Council for the requested annexation.
At this time Chairman Smythe asked all those present who wished to speak in regard to
this case be sworn in. There was no one Fresent wishing to be sworn in.
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: R>~QUEST FOR REZONING
APPLICANT: Steven J. Vessels
LOCATION: Lots 1, 3, 5, 7 and 9 Block 93
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PLANNING AND ZONING COMMISSION
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REQUEST: A request for rezoning from:
Lots 1, 3, S and 7, Block 93 from C-2 General Commercial
Business District to CBD Central Business District.
Lot 9, Block 93 from R-3 Residential/Professional District to CBD Central
Business District.
Mr. Harker explained that the applicant is requesting rezoning of the above indicated
properties for conformance with adjacent Central Business District (CBD) zoned
properties located along Eighth and Osceola Streets. Therefore, Staff recommends
approval of the requested action which represents a logical' expansion of the Central
Business District in the existing downtown area.
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 Steve Vessels, applicant, of 663 West Minneola Avenue,
Clermont, Florida, John Birch of 785 West Osceola Street, Clermont, Florida and Sarah
Birch of 785 West Osceola Street, Clermont, Florida.
Mrs. Sarah Birch stated that they are not in favor of the property being rezoned from
professional uses to commercial uses. The professional uses usually close at 5:00 p.m. or
shortly thereafter, allowing the residents in the area quite evenings and weekends. The
proposed business will not conform to these hours.
Discussion followed regarding potential problems with the proposed use, however, it was
noted that these items should be discussed when the Conditional Use Permit is
addressed.
A motion was made by Wendell McDannel to recommend approval of the rezoning to
Central Business District to the City Council, seconded by Marilyn MacLauchlin,
approved by a unanimous vote.
6. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Sunset Colony Properties, Inc.
GENERAL LOCATION: Southwest corner of Osceola Street and Eighth Street
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PLANNING AND ZONING COMMISSION
FEBRUARY 6, 1996
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REQUEST: A request for a Conditional Use Permit to allow the operation of a
restaurant and community theater, to allow a variance for the reduction of the number of
required parking spaces from seventy-four (74) to sixty-four (64), and to allow a variance
for provision of sixteen (16) vehicle spaces measuring 9'x20' rather than 10'x20' as
normally required, located in the Central Business District.
Mr. Harker explained that the applicant is requesting a Conditional Use Permit to
develop a combined community theater and restaurant facility. The proposed project will
consist of the existing small office building located adjacent to Eighth Street, and
expansion of the existing structure located at the rear of the site. The large building is to
house a 100 seat theater, and a 2200 square feet restaurant.
Two (2) variances concerning provision of on-site parking will be heard by the City
Council at their February 27, 1996 meeting, and utilization of the City Parking Space
Exchange Program will occur to accommodate the proposed venture.
The theater will provide live productions for both adult and children aged audiences.
The actual number of annual productions has not been determined at this time.
Information further explaining the overall scenario of the venture has been provided by
the applicant and may be found in the case documentation.
Surrounding land uses include retail, personal service, professional office and commercial
to the north, Lake Minneola and non-conforming structures to the south, and residential
to the east and west.
Mr. Harker stated that based zapon information provided for the proposed use, staff
recommends approval of the Conditional Use Permit 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. 'i'he 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 Site Review Committee prior to
authorization and issuance of a development permit.
3. All applicable rules and reg~slations shall be met, including but not limited to, final
site- playa approval, landscaping, drainage, parking, sign regulations, and all yard
setbacks. All required landscaping must be served with a low volume permanent
source of irrigation including City approved and State mandated back-flow
prevention device and rain sensor gauge. All landscape areas must be properly
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PLANNING AND ZONING COMMISSION
FEBRUARY 6, 1996
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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.
4. The developer shall be responsible for the cost and installation of any required
on-site and off-site infrastructure improvements necessitated by unpacts of the
project (i.e. Concurrency Management).
5. The permittee shall provide a sidewalk constructed in accordance with ,City
standards along City Streets, the length of the subject property.
6. The site shall be provided with a masonry dumpster enclosure with wooden gates
which shall be indicated on the approved site plan.
7. The developer shall construct a five (5) foot wide landscape buffer along parking
areas and adjacent City Streets in conformance with adopted City standards.
Buffering from adjacent uses shall also be required in conformance with City
Code. The buffer areas shall be provided with a .low volume, permanent source of
irrigation, back-flow prevention device and rain sensor device in conformance with
City and State regulation.
8. T'he Permittee shall provide the required number of parking spaces through on-
site provision, or through appropriate compensation via utilization of the one (1)
time Parking Space Exchange Program. Said compensation shall be provided to
the City prior to receipt of a development permit or any form of construction
activity on the site.
9. The applicant shall provide a signed and recorded cross parking agreement for the
seventeen (17) parking spaces located on the adjacent Funeral Home Property.
Said agreement shall be reviewed and approved by the City prior to
commencement of any development activity on the site.
10. Stormwater data, calculations, and logistical configurations shall be approved by
the City prior to any construction activity. P~~sitive ou;fall for stormwater shall be
provided as approved by the City Engineer.
11. A St. Johns River Water Management District stormwater permit or letter of
exemption shall be required and filed with the City prior to receipt of a
development permit or any form of construction activity on the site.
1'l. All inghting for the proposed facility shall be designed and located such that light
and/or glare shall be directed upon the subject property only.
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13. No further expansion of the use or additions to the facility shall be permitted
except as approved by another Conditional Use Permit.
14. This permit shall become null and void if substantial construction work has not
begun within one (1) year of the date of issuance of this Conditional Use Permit.
"Substantial construction work" means the commencement and continuous
prosecution of construction of required improvements ultimately bnalized at
completion.
15. The final Certificate of Occupancy shall not be issued until each of the stated
conditions has been met.
16. If any of the stated conditions are violated, the applicant understands and agrees
the City Council may revoke this Conditional Use Permit by Resolution.
At this time Chairman Smythe asked all those present who wished to speak in regard to
this case that and were not previously sworn in to do so at this time. There was no other
persons wishing to speak.
Mrs. Sarah Birch, nearby property owner, stated that she was concerned that there would
not be adequate parking as there already exist a parking problem with another nearby
restaurant.
Planning Director Harker noted that a series of satellite parking lots, rails-to-trails
parking improvements and the one time Parking Space Exchange Fee would hopefully
take care of the parking situation in the downtown area.
A motion was made by Marilyn George to recommend approval to the City Council as
presented by staff, seconded by Joseph Janusia:K approved by a unanimous vote.
There being no further business the meeting was adjourned. ,~
" :F i'
s ~. N "t~ ~~ ~' Y
Robert Smythe, C'h$x~nan
.ATTEST:
Mi Shaw Ogden, Planning echnician