12-06-1988 Regular Meeting• •
PLANNING & ZONING COMMISSION MEETING
The regular scheduled meeting of the Planning & Zoning Commission
meeting was called to order by Chairman John Sargent, Members
attending were Marilyn George, Don Smith, Debbie Gaines, Curt
DiCamillo, Adelbert Evans, Cecil Smart and Rob Mitchell. Bonnie
Kranz was excused. Also attending were James McAllister Planning
Director and Jane Warren Planning Technician.
MINUTES of the meeting held November 1,
presented.
NEW BUSINESS
REQUEST ZONING CHANGE
APPLICANT: City of Clermont
1988 were approved as
LEGAL DESCRIPTION: Sunnyside Unit, Block 8, and Block Q Lots 14
thru 17.
GENERAL LOCATION: N.E. Corner of East Avenue and Hwy 50
Zoning: Present R-2
RECOMMENDATION: Approve
Proposed R-3-A
Mr. McAllister stated that the Commission had heard a request at
the November 1, 1988, meeting requesting the rezoning of
Sunnyside Unit Block 8, Lots 10 and S. 36.5' of Lot 11. The
Commission recommended approval of that request to the City
Council.
Staff is proposes to rezone the whole block rather than deal with
many individual rezoning requests in the future.
Staff recommends approval of the request based on the
recommendations of Mrs. Nellie Hunt's request and based on the
changes one year ago amending of the Future Land Use Map.
accomodate.
After a brief discussion a motion was made by Mrs. George to
recommend approval of this request, seconded by Mr. Evans and
approved by unanimous vote.
CONDITIONAL USE PERMIT REQUEST
OWNER: Nellie Hunt
1013 East Avenue
Clermont, Fla. 32711
APPLICANT: Randall Langley (Buyer)
PROPERTY:
Sunnyside Unit Block 8 Lot 10 and the South 36.5 feet of Lot
11.
LOCATION:
1013 East Avenue
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ZONING: R-3-A Residential/Professional District
REQUEST:
To operate a professional office in the R-3-A
Residential/Professional District.
RECOMMENDATION: Approval with Conditions
Mr. McAllister stated that the applicant is requesting a
Conditional Use Permit to convert a single family home to a
professional office. This parcel was presented to the Planning &
Zoning Commission for consideration for rezoning to R-3-A at the
November meeting upon which a recommendation of approval was
delivered. The rezoning of this parcel will be heard on December
13, 1988 at the City Council meeting.
The existing structure is approximately 1890 square feet in area
with approximately 2272 square feet in parking area. Parking
requirements for office use are one space per 200 square feet of
office area thereby warranting 10 parking spaces. The site plan
as presented does not adequately delineate these 10 required
parking spaces. Mr. McAllister suggested that an additional
condition of the Conditional Use Permit be that before a new
Certificate of Occupancy is issued on this structure, a site plan
indicating l0 parking stalls must be submitted and approved by
the Planning Director.
The site plan as submitted indicates availability for only seven
vehicles. The applicant has the option for applying for a
variance from the parking requirements or to expand the parking
area thereby requiring site plan review and a permit from St.
Johns River Water Management District.
Mr. McAllister also pointed out a five foot landscaped buffer
complete with trees and a hedge will be required along the north
and east property lines as well as between parking areas and
right of way. Credit will be given for existing trees on the
property.
Mr. Sargent expressed concern about the numbers of business that
could possible operate from this location, and suggested that
condition No. 5 be specific.
Mr. McAllister suggested that the condition state for "one
professional office only".
After a brief discussion a motion was made by Cecil Smart to
recommend to the City Council approval of this request with the
following amendments:
1. Landscape buffer along north and east property line.
2. No Certificate of Occupancy will be issued until the
3. Condition No. 5 shall state for one professional office
only.
The motion was seconded by Marilyn George and approved by
unanimous vote.
DISCUSSION
The following items were discussed by the Commission:
PROPOSED ZONING CODE AMENDMENTS
1. In the R-1-A. R-l, R-2, R-3-A, R-3 and R-R Zoning Districts:
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A. Delete"Boathouses" from Conditional Use Permit and
allow as a permitted accessory use.
The following concerns and views were expressed by the
Commission:
Mr. Smith expressed concern that the City would be loosing
the opportunity to scrutinize future construction of docks
and boathouses on our lakefront property.
Mr. Sargents requested that a clarified definition of
"Boathouses" be drafted.
Mrs. George stated that if all the necessary permits have
been obtained from the other regulatory agencies, it would
be major disadvantage to the property owner to require them
to go through the Conditional Use Permit process.
It was the consensus of the Commission to allow boathouses
as a permitted use.
2. In the R-3 Zoning District:
A. Add "Personal Services" as a CUP.
It was the consensus of the Commission not to add "Personal
Services" as Conditional Use. Members of the Commission
stated that they felt the term "Personal Services" was too
vague and the left the door open for possible undesirable
businesses.
B. Amend lot coverage requirement to 40% maximum for
all residential uses.
Mr. George and Mr. Smith expressed concerns regarding
parking requirements for multi-family development.
Mr. Smart pointed out that the present 25% requirement is
not consistent with our density restrictions.
Mr. Smith stated he felt in the future many homes would be
rebuilt in various location throughout the City that could
possible be 0-lot line, townhomes, ect., and suggested
further review of this proposal.
It was the consenses of the Commission to delay and
recommendation regarding this proposal until additional
research has been done by staff and presented to the
Commission.
3. In the C-1 Zoning District:
A. Add "Restaurants" as a CUP.
It was the consensus of the Commission to add "Restaurants
as a Conditional Use Permit in C-l.
B. Change #11 under uses allowed as a CUP to "Coin
Operated Launderies."
C. Change #2 under Permitted Uses as to insert after...
"dry cleaners and launderies (the cleaning of which
is off site only.)
D. Under CUP, after "Launderies", add (on site cleaning)
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It was the consensus of the Commission that the difference
between, Coin Operated Launderies, On-Site Laundry,
Laudromat, and Dry Cleaners needed to be clarified and
specific definitions adopted before any decision could be
made regarding proposal 3. B, C, D and 4. A. and B.
4. In the C-2 District:
C. Add to off Street Parking "Manufacturing."
Requirements shall be same as in the M-1 District.
There was no opposition to the above proposal.
5. Section 26-18 Buffer Strips:
A. Add "Multi-family" so as to read "Whenever a multi-
family, commercial or industrial use abuts a
residential use, there shall be provided a buffer
strip between the two uses."
There was no opposition to the above proposal.
OTHER AREAS OF DISCUSSION
1. Section 26-40 Continuance of Non-Conforming Uses.
2.
3.
A. Is is necessary to require a CUP for the expansion of a
non-conforming use? Why not a variance?
B. Perhaps a CUP can be required for a use that is non-
conforming due to area, lot coverage and/or property
dimensions. A use that is lawful in all respects with
the exception of a setback requirement(s) may be
enlarged without a CUP if the addition is otherwise
permitted and meets all current setback requirements.
It was the consensus of the Commission that a variance
should be considered as an alternative to the required
Conditional Use process, but the members of the Commission
requested that Mr. McAllister review the Zoning Ordinance
for additional inconsistencies that may exist.
In the M-1 Zoning District:
A. Currently, all uses allowed in C-2 are allowed in the
M-1 District. From a compatibility point of view, does
this section need further scrutiny?
It was the consensus of the Commission that staff review the
uses allowed in C-2 and address need to separate a
commercial district from a manufacturing district. The
commission also suggested the possible need for an
additional district such as M-1-A or M-2.
In all Districts:
A. Possibility of regulating liquor sales (consumption on
presmises, off premises, drive thru, etc...)
The Commission suggested that the regulation of liquor sales
be regulated thru the types of licensing in a specific
zoning district.
B. Regulate location of churches vis-a-vis liquor
establishments.
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There was much discussion regarding the restriction that
existing churches impose on the future use of commercial
property.
Mr. Smart suggested that the churches accept the uses and
restrictions that go hand in hand with locating in a
commercial district.
Mrs. Gaines stated there should be a separation of church
and state and the rights of commercial property owners
should not be restricted by a non-commercial use within that
district.
Mr. Smith suggested that future churches locating in a
commercial district forego the 500' restriction and that any
existing churches be grandfathered and would loose that
grandfathering priviledge if they should relocated in a
commercial district.
C. Regulate all drive-thru facilities.
The Commission suggested drive-thru facilities be addressed
as a Conditional Use.
LANDSCAPE ORDINANCE CHAPTER 11B
I. REQUIRED LANDSCAPING ALONG DEVELOPMENT PERIMETERS
On the site of a multi-family, commercial or industrial use where
such use is abutting a single family or duplex residential use,
there shall be provided a landscaped buffer strip as follows:
1. A strip of land at least five (5) feet in depth located
between the two uses with landscaping as to include one
(1) tree for each fifty (50) lineal feet or fraction
thereof. In addition, a hedge, wall or other durable
landscape barrier of at least two (2) feet in height
shall be placed along the inside perimeter of such
landscaped strip. If such durable barrier of nonliving
material, for each ten (10) feet thereof, one (1) shrub
shall be planted abutting such barrier. Such shrubs
shall be planted along the side facing the less intense
use. The remainder of the landscaped area shall be
landscaped with grass, ground cover or other landscape
treatment excluding paving.
At this time Mr. Sargent advised those Commission member whose
term expires in January 1989 to submit a letter to the City
Manager if they wish to be reappointed to the Commission
There being no further business, the meeting was adjourned.
r
John argent, Chairman
ATTEST:
/'..
J~ne Warren
lanning & Zoning Technician
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