05-02-1989 Regular Meeting•
PLANNING & ZONING COMMISSION
MAY 2, 1989
The regular scheduled meeting of the Planning and Zoning Commission
was called to order on May 2, 1989 at 7:30 p.m. by Chairman John
Sargent. Members attending were Marilyn George, James Brown, Don
Smith, Curt DiCamillo, Bonnie Kranz, Adelbert Evans and Cecil
Smart. Member Robert Mitchell was excused. Also attending were
James McAllister Planning Director and Jane Warren Planning &
Zoning Technician.
MINUTES of the meeting held April 4,
presented.
NEW BUSINESB
ITEM NO. 1
Requested Zoning Change
APPLICANT: William Thomas
ADDRESS: 1040 12th Street, Clermont
1989 were approved as
LEGAL DESCRIPTION: Block 137 Lots 4, 5, 6, 7, 8, and 9.
30' of Highland avenue abandoned by City.
LOCATION/GENERAL DESCRIPTION: West side of 12th Street
approximately 300 feet south of Highway 50.
APPROXIMATE ACREAGE: 1.4 acre
ZONING: Present: R-1-A
Proposed: R-3-A
Mr. Sargent pointed out that the applicant is requesting rezoning
from R-1-A Urban Residential to R-3-A ResidentialjProfessional for
a tract of land located on the west side of 12th street
approximately 300' south of State Road 50. The property is
immediately north of and contiguous to the 12th Street Park, and
south and east of Emerald Lakes Mobile Home Park. The property
consists of six (6) platted lots and approximately 10,200 square
feet of abandoned right-of-way totaling 1.4 acres more or less.
There currently exists one single family structure on the property.
Mr. McAllister pointed out that the request is for rezoning to R-
3-A for which no specific reason has been stated. There is no R-
3-A zoning of this side of East Avenue. R-3 zoning exists to the
north and west of the property and as such, should be the
recommended zoning category in this request. As the applicant has
not stated the specific reason for rezoning to the R-3-A, staff
recommends that the property be rezoned to R-3.
Mr. McAllister informed the Commission that no letters either in
favor of or in opposition to this request had been received.
Mr. Evans also pointed out that the subject property did not abut
any wetlands, but suggested that the proximity of wetlands to this
project should be a concern of the commission.
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After a brief discussion a motion was made by Adelbert Evans to
recommend to the City Council that this property be rezoned to R-
3-A Residential/Professional Office, seconded by James Brown and
approved by a unanimous vote.
ITEM NO. 2.
Conditional Use Permit Request
OWNER: David Fojo
APPLICANT: Same
PROPERTY: City Block 47, lot 1, 2, and 3 less the W 75'thereof
LOCATION: South of Desoto Street, north of Juniata Street and east
of Crystal Lake Drive.
ZONING: R-2 Medium Density Residential
REQUEST: To construct a duplex and a triplex.
Mr. Sargent explained that the applicant is requesting a
Conditional Use Permit to construct a duplex and a triplex on one
lot consisting of approximately 27,310 square feet.
Mr. McAllister pointed out that previous property owners had
received a variance to construct with a rear yard setback of 14'
on the center and westernmost section of this parcel. At this time
only the western unit has been constructed and all other variances
have expired.
Mr. McAllister also pointed that there exists numerous oak trees
on the site that exceed 25 feet in height, and suggested that all
trees to be removed by the applicant must be indicated on the site
plan and reviewed by staff during the site plan review process.
Trees should be removed in accordance with staff's recommended
standards for tree removal in the draft tree ordinance.
The site plan indicates a proposed beach area along Crystal Lake.
The applicant is only permitted to clear a 25 foot wide area. The
approval of this Conditional Use Permit does not imply approval of
the beach area as indicated'on the plan.
Mr. McAllister also pointed out that an easement would be needed
in regard to a sewer line connecting the existing duplex to the
west to the sewer manhole located on the applicant's property.
Mr. McAllister stated the only response from adjacent property
owners was from Mr. & Mrs. Norman Horton. The letter stating
opposition was read into the records.
In additions to the standards conditions of a Conditional Use
Permit, staff recommends approval of this xequest, subject to the
following conditions:
1. Applicant will provide the property owner to the west
with an easement for the sewer line.
2. All trees to be removed must be approved by city staff
prior to removal.
3. No more that a 25' wide area can be cleared on the lake
shore without obtaining the necessary permits from the
state and county agencies.
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Mr. David Fojo, the applicant was present and stated that he felt
the proposed project would be very attractive and an asset to the
neighborhood.
Mr. McAllister stated that the applicant, without a Conditional Use
Permit, could construct two units per lot. Mr. McAllister reminded
the Commission that the Conditional Use Permits allow the City to
impose conditions which ensures the integrity of the project and
provides additional review of the project to protect the existing
residential neighborhood. Mr. McAllister emphasized should
conditions would not exist under the guidlines of Permitted Uses.
Mr. Richard Harris, an adjacent property owner, stated his
opposition to the project as presented. Mr. Harris stated he would
rather see the development of the previous property owners pursued.
Mr. Warren Fowler, an adjacent property owner, stated his
opposition to the project, siting density as a concern.
Mr. Prentice Tydall, an adjacent property owner, also stated his
opposition expressing concern for in integrity of the neighborhood.
Mrs. Cuqui Whitehead, an adjacent property owner, objected to the
project because of what she considered numerous variances to the
previous project, the quality of construction, the topography of
the land, and the preservation of the lake.
Mr. Frank Fojo emphasized his intentions to preserve the trees and
to project the lake. Mr. Fojo stated the reason for requesting a
triplex was because of the topography to the parcel.
Mr. Smart stated that he felt the on-site retention would help
maintain the quality of the lake.
Mr. Evans stated he was concerned about the topography of the
parcel and also emphasized the importance of proper water
retention.
After a brief discussion a motion was made by Don Smith to
recommend to the City Council approval of this request as amended
with the additional condition #3, seconded by Marilyn George and
approved by 7-1 vote. Member Curt DiCamillo voting nay.
ITEM NO. 2
Conditional Use Permit Request.
APPLICANT: South Lake County Hospital d/b/a/
South Lake Memorial Hospital
847 Eighth Street
Clermont, Fla. 32711
PROPERTY:
Section 18, Township 22 South, Range 26 East, Lake County,
Florida, Begin at a point 630' S. of the NW corner of Block
55 of the official map of the town of Minneola, according to
plat book 9, page 31, public records of Lake County, Run
thence S.89 deg. 57' E., 929', more or less, to the westerly
right-of-way of Hwy 27, run thence southerly along said
westerly right-of-way line of Hwy 27, to the S. line of Tract
62 in Section 18, Township 22 S. Range 26 E. of Lake Highlands
Company, plat book 3, page 28, public records of Lake County,
Run thence W to the SW corner of said Tract 62, Run thence N
to the common corner of Tracts 51, 52 and 62 in said Section
18, Township 22 S, Range 26 E. Lake Highlands Company, Run
thence W. along the S. line of Tract 52 and the extension
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thereof to the centerline of Galena Avenue now vacated; run
N to the S line of Division Street; Run thence E. to the E.
line of Galena Avenue; Run thence N to the point of beginning,
less and excepting therefrom Bloxam Avenue.
ALSO: Tract 61 in Section 18, Township 22 S, Range 26 E.
GENERAL LOCATION: North of Grand Highway, West of Highway 27,
East of Edgewood Place Subdivision.
ACREAGE 31 M.O.L.
LAND USE MAP DESIGNATION: Present UD-4
Proposed: UD-3, with additional uses,
and increased density.
ZONING:Present C-2 and R-3 Proposed None
PURPOSE FOR AMENDMENT REQUEST: To allow construction of a
hospital, medical and professional offices and other healthcare-
related business and to increase the density to 12 units per acre.
Mr. Sargent stated he would not be voting on the item because of
a possible conflict of interest.
Mr. McAllister pointed out the necessity for staff to address the
concerns of the residents of Edgewood Place since there exists very
little vegetation at this end of the property, thereby providing
no visual relief for the residents.
Mr. McAllister pointed out that staff is only considering the
project for conceptual approval based on the proper land use
disposition and suggested the additional conditions be considered:
1. A 50' buffer be maintained on the western boundary
line.
2. A height restriction of 2 story.
Mr. McAllister pointed out that the applicant is requesting a
density of 12 dwelling units per acres on the site for the adult
congregate living facility element.
The City has as the maximum density requirement within the U-D 3
District of 8 dwelling units per acre. Staff recommends that until
the future land use element is completed, no changes to the density
provision occur.
Mr. McAllister also pointed out that staff would like to be advised
before any trees are remover from this parcel.
Mr. McAllister also suggested, if the Conditional Use Permit is
granted, that the construction be required to start within two (2)
years of the date of approval.
While reviewing the recommended conditions mr. McAllister requested
that the following changes be made:
7. The project shall be developed in accordance with an
approved site plan. This plan is only conceptual in
nature and shall not be constitute preliminary or final
approval.
14. The applicant shall grant a joint access to the property
to the north in exchange for the for the vacation of
Bloxam Avenue.
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In consideration of Condition No. 11, Mr. Don Smith suggested
required landscaping should be indigenous to the area. Mr. Smith
also suggested that such a consideration should be a standard
conditional of a Conditional Use Permit.
Mr. Pat Smith, representing the hospital, stated he was in
agreement with the City's request regarding buffering the adjacent
subdivision from the project.
Mr. John Chapman, project engineer, was present and stated the
plans presented are conceptual in nature to determine if the site
is functional for the operation of a hospital.
From an engineering point of view Mr. Chapman suggested the major
concerns of the hospital are 1.) Access to the site from the two
highways 2.) To provide an acceptable transition from the abutting
residential neighborhood to a high density hospital facility. 3.)
To provide stormwater management and maintain good water quality
of the lake.5.) The topography of the site.
Mr. Chapman emphasized that the plan presented is just a conceptual
plan.
Mr. Wayne Sheppard, an adjacent property owner, stated he was not
opposed to the project but his concerns were wit buffering, traffic
on Grand Highway and the noise impact.
Mr. Warren Thomas of 661 Grand Highway, an adjacent property owner,
voiced his. concerns regarding trucks on Grand Highway and the
possible expansion of the right-of-way of Grand Highway. Mr.
Thomas strongly urged that the density limited.
Diane James, Manager of the Citrus Tower and an adjacent property
owner, stated her concern regarding traffic. Mrs. James was also
concerned about the lack of sidewalks east of Edgewood Place
Subdivision.
Mr. Smart stated even though the plan in conceptual, he was pleased
with manner in which the hospital and the engineering staff had
addressed concerns of the City and the residential neighborhood.
Mr. Brown stated he felt the plan was an excellent one, and would
prove to be a great asset to the City.
Mr. Evans stated that the hospital had stated earlier that the
purchase of this land was speculative and requested if the hospital
still considered this an investment venture at this time.
Mr. Pat Smith he stated that the proposed purchase was an
investment proposition in the since that in the future the price
of land is expected to increase rapidly in Clermont, and
considering the future needs of the Community, the price of such
a purchase would be greatly increased.
Don Smith question why the City of Minneola was not present.
Mr. Pat Smith stated that he had spoken with the Mayor of Minneola
and had not received any objection to the property.
Mr. Don Smith stated he felt that 1.) Topography would be very
difficult to work with. 2.) Bloxam should be a through street
sometime in the future. 3.) A service road should be constructed
from Minneola to Clermont.
Mr. Don Smith also mentioned his concern of a non-elected taxing
authority spending tax money in competition with private
enterprise.
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Mr. Don Smith objected to widening the right-of-way on the south
side of Grand Highway, Mr. Smith suggested taking property from the
developers property instead.
After a brief discussion a motion was made by Cecil Smart to
recommend to the City Council approval of this request as presented
by staff, seconded by Bonnie Kranz and approved by a 4-2 vote.
Members Don Smith and Adelbert Evans voting nay and Chairman John
Sargent abstaining,
Mr. Sargent reminded the Commission of the upcoming meeting of the
Local Planning Agency on May 8, 1989 at 7:30 p.m.
There being no further business the meeting was adjourned.
c~ ~~~
John Sargent, Chairman
ATTEST:
J e Warren,
lanning & Zoning Technician
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FORM 86 ME RANDOM- OF VOTI CONFLICT FOR
COUNTY, MUNlCI L, AND OTHER LOC PUBLIC OFFICERS
E-MIDDLE NAME
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LAST' NAl•1E-FIRST NA NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
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MAILIN ~ ADD ESS
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~ THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON
WHICH 1 SERVE IS A UNIT OF:
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~ CITY i :COUNTY I . C7rHER LOCAL AGENCY
CO
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L e ~- NAME OF POLITICAL SUBDIVISION:
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DATE ON ~ti'H1CH VOTE OCCURRED
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ELECTIVE APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
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• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
1(~H~I RB U!-R6
PAGE I
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DISCLOSURE OF STATE OFFICER'S INTEREST
I, ~' F ~ , hereby disclose that on _ ~ 19
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(a) measure came or will come before my agency which (check one)
inured [o my special private gain; or
inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
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a ..~
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Date Filed
by whom I am retained.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
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CE FORM 8B - 10-86 PAGE 2