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11-01-1988 Regular Meeting• • • PLANNING AND ZONING COMMISSION NOVEMBER 1, 1988 The regular scheduled meeting of the Planning and Zoning Commission meeting was called to order at 7:30 p.m. on November 1, 1988 by Chairman John Sargent. Members present were Don Smith, Cecil Smart, Marilyn George, Robert Mitchell,Debbie Gaines and Bonnie Kranz. Member Adelbert Evans was excused. Also attending were James McAllister Planning Director and Jane Warren Planning Technician. MINUTES of the October 4, presented. 1988 meeting were approved as NEW BUSINESS ITEM NO. 1 REQUEST FOR REZONING Nellie Hunt 1013 East Avenue LEGAL DESCRIPTION: Sunnyside Unit, Block 8, Lot 10 and the South 36.5 feet of Lot 11 GENERAL LOCATION: N.E. Corner of East Avenue and Hwy 50 Approximate lot size: 106.5' X 140' (Estimate number of acres in property, as well as an estimate of the physical features, i.e. 1/3 swamp, 1/3 grove, etc.) Zoning: Present R-2 Land Use: Present ERD-8 Proposed R-3-A Proposed N/A Mr. Sargent requested staff's recommendation. At this time Mr. McAllister recommended approval of the request stating the following rationale. The applicant is requesting rezoning from the R-2 Medium Density Residential District to R-3-A Residential/Professional Office District. Stated intent is to utilize the existing structure as a professional office. The subject property was granted a Future Land Use Map Amendment in August 1987 in which the entire block was changed from ERD-7 to ERD-8. The rationale at that time was that professional offices would be a suitable use for that location. Insofar as the future land use category was upgraded to include professional offices it is only reasonable to recommend approval of this rezoning request based on the same rationale as the future land use district amendment. 1 • Mr. McAllister stated that several property owners in Block 8 had contacted and requested that all of Block 8 be considered for rezoning at this time. Mr. McAllister informed the Commission that only the property owners adjacent to Mrs. Hunt's property had been contacted regarding this request and that it would be necessary to contact all of the property owners in Block 8 and all adjacent property owners if the Commission wished to addressed the possible rezoning of all of Block 8. Mr. Smith expressed concern of possible spot zoning if only Mrs. Hunt's property was rezoned. Mrs. Hunt stated that she has spoken to many of the property owners in Block 8 and all had expressed a desire for the proposed change. Mr. McAllister stated there had not been any opposition to the request when the Block's Land Use had been changed to the current ERD-8 District. Mrs. Gaines made reference to the fact that the R-3-A District was established in part as compatible zoning for the ERD-8 District, and did not have any opposition to the request Mr. Smart suggested that the property is currently more desirable as commercial. Mr. McAllister suggested in order to accommodate all of the parties involved, approval of this request be granted subject to all property owners and adjacent property owners of Block 8 be notified of the proposed rezoning change. After a brief discussion a motion was made by Cecil Smart to recommend to the City Council approval of this request and further recommend consideration of the rezoning of the entire Block 8, seconded by Marilyn George, and approved by unanimous vote. ITEM NO. 2 CONDITIONAL USE PERMIT REQUEST OWNER: Julian P. Donohue APPLICANT: Owner PROPERTY: Sec 23-22S-25E A parcel of land lying in Government Lot 7. LOCATION: 1.9 acres on Broome Street with 15' right of way on Highway 50. ZONING: C-2 General Commercial Business District. REQUEST: To construct mini-storage facilities. At this time Mr. Sargent requested staff's recommendation and rationale. Mr. McAllister recommended approval of this request with conditions stating the following rationale: The applicant is requesting a Conditional Use Permit to construct a mini-warehouse facility on approximately 1.9 acres situated on Broome Street between Emerald Lakes Plaza and Emerald Lakes Mobile Home Park. 2 • • The property is presently occupied by a small CBS building that was once used as a radio station and is presently vacant. A small pond once occupied the northwestern portion of the site until it was filled approximately five (5) months ago by the applicant. At that time, staff informed the various state and county environmental agencies of the filling in of the pond. Apparently, the pond was considered an isolated wetland of no significance thereby warranting no state action. The applicant was notified however by St. Johns River Water Management District that turbidity screens would have to be installed downstream of the pond in order to prevent turbid waters from entering Lake Palatlakahaw. The applicant has since been told by City staff to stop the filling and apply for a Conditional use Permit for the mini- warehouse facility. Much of the site is in the floodplain as the 100 foot contour line bisects the site from northeast to southwest. The City of Clermont Floodplain Ordinance does not specifically prohibit development within the floodplain: however, the ordinance does state as its purpose, "to control the alteration of natural flood plains, stream channels and natural protective barriers which are involved in the accomodation of the flood waters" and, "to prevent and regulate the construction of flood barriers which will unnaturaly divert flood waters or which may increase flood hazards to other lands." After consultation with the City Engineer, it was recommended to staff that the applicant mitigate that part of the floodplain lost on account of the future placement of fill. This mitigation shall occur on a one to one basis. It has been the City's policy in the past to require developers to mitigate floodplain losses on a one for one basis. The site plan does not indicate the appropriate landscape buffers as required by code. The applicant must allow for the buffers and indicate such on a revised plan to be submitted to staff provided this request is approved. All other regulations pertaining to fencing, parking etc..., must be adhered to and if required, indicated on a revised plan prior to permitting. This request is consistent with the goals and objectives of the City of Clermont Comprehensive Plan and as such, staff recommends approval subject to the standards conditions of a Conditional Use Permit and the additional conditions listed below: 1. Floodplain loss will be mitigated on a one for one basis. 2. Paved access to radio station will be from Broome Street only. 3. All other development regulations relating to landscaping, buffering, fences, parking, etc.., will be adhered to. 4. Mini-warehouses will be for residential storage only. Existing structure shall only be used as a office. Mr. McAllister pointed out to the Commission that it would be very difficult from an engineering point of view to develope this 3 s • property, but if all the conditions could be met by the owner he would be within his rights to proceed. Mrs. Gaines expressed concern about the development in the wetlands area, and referred to the existing problems facing the Emerald Lakes Mobile Home Park regarding water levels and moisture problems. Mr. Gaines pointed out residents in the past have considered possible law suits against the City, developer and such because of these existing problems. Mr. McAllister pointed any development would be required to meet all the restrictions of the Floodplain Ordinance and suggested that asbuilt plans be submitted and certified before the City issues any Certificate of Occupancy is issued. Mrs. Gaines also pointed out that this area is environmentally sensitive and should possibly be preserved as such. Mr. McAllister pointed out that the State has suggested that because the area is so small that they would not consider the development of this property as a major threat to the wetlands. Mr. Sargent pointed out that the applicant was not present and suggested tabling this request until the applicant would be present. It was the concensus of the Commission to review the request and forward their recommendations to the City Council. Mr. Smith expressed concern about the proper mitigation and also questioned what uses were available to the property owner. Mr. McAllister stated that the property being C-2 had several options available as far as a commercial site, but was severally limited because of the contour of the land and possible engineering problems. Mrs. George pointed out if the request were granted the project would have to be reviewed by the Site Review Committee. Mr. Sargent also pointed out that the applicant had filled in the area before obtaining the proper development permits. Mr. McAllister informed the Commission that when Mr. Donohue was asked to stop filling and to obtain the proper permits he did so willingly. Mrs. Gaines emphasized that it was duty of the Commission to protect and preserve any wetlands areas. Mr. Smith pointed out that many other agencies and boards would not approve a request where it would be necessary to fill in the floodplain area and where mitigation cannot be provided. Mr. Mitchell suggested it was up to the Commission to decide the importance of this property as a wetlands. After further discussion a motion was made by Mr. Mitchell, to recommended denial of tYiis request because of the environmentally sensitive area and possible adverse effects on the floodplains of the Chain-O-Lakes, seconded by Mrs. George and approved by a 6-1 vote. Members Mitchell, George, Smith, Kranz, DiCamillo, Sargent voting aye. Member Smart voting Nay. 4 • DISCUSSION: Mr. McAllister informed the Commission that the City Attorney is advising the City Council to proceed with amending the present Zoning Ordinance and requested the Commission's input at the next meeting. There being no further business the meeting was adjourned ATTEST: ..- ~6~~ `~~~~ 2zc ~. ~ mane warren '- Planning & Zoning Technician r ~~~ John Sargent, hairman 5