02-02-1988 Regular Meeting•
CITYOF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
FEBRUARY 2, 1988
The regular scheduled meeting of the Planning and Zoning
Commission was called to order by Chairman John Sargent on
February 2, 1988 at 7:30 p.m. Members attending were Cecil
Smart, Adelbert Evans, Debbie Gaines, Bonnie Kranz, Don Smith
Curt DiCamillo and Marilyn George. Also attending were
Wayne Saunders City Manager, James McAllister Planning
Director and Jane Warren Planning and Zoning Technician.
MINUTES of the meeting he7~1 ,7;-,.,~,;; y 5, 19r.Y ~.~~ ~ : ~ .,~ ::~ as
prF~sented.
At this time Mr. Sargent welcomed new member Bonnie Kranz to
the Commission.
Mr. Sargent also announced Ron Carden had resigned as of
February 1, 1988.
ORGANIZATION MEETING
Mr. Sargent advised the Commission of the need to elect a
chairman and vice-chairman for the new year of 1988.
Mr. Sargent requested nominations for Chairman.
Mr. Evans made a motion to retain Mr. Sargent as chairman,
Seconded by Mrs. George.
Mr. Sargent requested nominations for Vice-chairman.
Mrs. Gaines made a motion to retain Mr. Evans as Vice-
chairman, seconded by Mr. Smith.
NEW BUSINESS
Mr. Sargent introduced Item No. 1.
ITEM NO.1 CONDITIONAL USE PERMIT REQUEST FOR COLONY SQUARE II
APPLICANT: Hecfer Development
1411 E1 Paso Avenue
Orlando, Fla. 32806
PROPERTY: City Block 45 Lots 14 and 16
Colony Square II
LOCATION: 470-482 W. Hwy 50
ZONING: C-1-Light Commercial District
REQUEST:
To allow PERSONAL SERVICE as a permitted use.
At this time Mr. Sargent requested staff's recommendations.
Mr. McAllister recommended approval, with conditions.
Mr. McAllister gave the following rationale:
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The applicant desires to add personal services to the
approved schedule of uses for the project. Currently only
retail and professional offices are permitted by Resolution
No. 528.
Colony II is currently experiencing an
problem in that there is no designated
area. Consequently, delivery vehicles,
beverage vehicles, are forced to back o
This is an unacceptable situation that
immediately.
off-street loading
off-street loading
specifically large
ut onto Highway 50.
must be remedied
Section 26-24 of the Clermont Zoning Code states as follows:
On every lot on which a business, trade or industry use is
hereinafter established, space with access to a public street
or alley shall be provided as indicated below for the loading
and unloading of vehicles off the public street or alley.
(1) Retail Business, Wholesale and Industrial:
One space of at Least 10 X 50 feet for
each 10,000 square feet of floor space or
any part thereof .
Colony Square II does not provide for any off-street loading
area. Section 26-24 had been interpreted by the former
Director of Planning as requiring off-street loading area for
building over 10,000 square feet in size. Colony Square II
being 3200 square feet in size was determined to be exempt
from Section 26-24. Staff's interpretation of Section 26-24
had since changed and it was determined that all retail and
professional offices regardless of size must provide at least
a 10 X 50 foot loading area. Since adding this loading area
would mean decreasing two parking spaces, staff recommends
granting the personal services use and revoking the
professional offices use as this use would require two (2)
parking spaces needed for the loading area.
Staff therefore recommends approval subject to the following:
1. This property shall be used only for retail and
personal services.
2. Creation of an 10 X 50 foot loading area utilizing the
two (2) parking spaces at the northeastern portion of
the parking area. The handicapped space shall be moved
accordingly along with the handicapped ramp. This
loading area shall be properly designated as such and
the owner shall be responsible for the illegal parking
^f Customers cr ::i:tpl:.yee vehicles ir, this area.
3. All conditions on the previous Conditional Use Permit
shall remain in effect except #5.
Mr. Sargent requested a response if any from the developer.
The developer Mr. Hector Fernandez was not present nor was
his representavive Mr. Chris Giachetti of Century 21.
Mr. Sargent requested the recommendations of the Commission.
Mr. Smith stated when the applicant was originally requesting
a Conditional Use Permit, there was much consideration
regarding the the parking and loading, and also of not
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allowing convenience stores as a permitted use. Mr. Smith
questioned the difference of a discount beverage store which
currently exist verses a convenience store.
Mr. Saunders stated the situation is a gray area as the
tenant is a discount beverage store which does not fall under
our definition of a convenience store. Mr. Saunders advised
the Commission our current Zoning Ordinance requires an
applicant for a convenience store to request a Conditional
Use Permit.
Mr. Smith suggest because of the current loading and delivery
problems that a condition be added to the Conditional Use
Permit which would not allow this type of retail in the
future.
Mrs. Gaines questioned the benefit of eliminating
professional offices and adding personal services. Mrs.
Gaines suggested. Personal Services would generated more
traffic than professional Offices.
Mr. McAllister stated Professional Office generate more
traffic and emphasized the Zoning Ordinance requires 1
parking space for every 200 sq. ft. of office space. For
retail and personal service 1 space for every 250 sq.ft. of
floor space is required. Mr. McAllister stated the deletion
of professional office would then reduce the number of
required parking spaces and allow for a more appropriated
loading and delivery area.
Mr. Saunders suggested the proposed loading area, which is in
the far east end of the parking area, would allow any
delivery vehicle to pull in and back in to the loading area,
and then allow the vehicle to exit the parking lot in the
forward position.
A motion was made by Mr. Smith to recommend to the City
Council approval of this Conditional Use Permit as present by
staff with the provision that the staff address the issue of
delivery vehicles, appropriate retail use and to incorporate
a restriction as part of this recommendation, seconded by
Cecil Smart and approve by 7-1 vote. Members Smart, Evans,
Kranz, Gaines, George, Smith and Sargent voting aye. Member
DiCamill voting nay.
Mr. Sargent introduce Item No. 2.
ITEM NO. 2 CONDITIONAL USE PERMIT FOR COLONY SQUARE I
APPLICANT: Hec-Fer Development
~ Century 21 Realty
305 East Highway 50
Clermont, Fla. 32711
OWNER: Hecfer Development
1411 E1 Paso Avenue
Orlando, Fla. 32806
PROPERTY: City Block 73 Lots 17, 18, and 19.
Colony Square I
LOCATION: 630-642 W. Hwy 50
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ZONING: C-1-Light Commercial District
REQUEST: To allow PERSONAL SERVICE as a permitted use.
Mr. Sargent requested staff present their recommendations.
Mr. McAllister recommended approval with conditions.
Mr. McAllister gave the following rationale:
The applicant is requesting an amendment to
Use Permit granted for Colony Square I by
527. The applicant desires to add personal
approved schedule of uses for the project.
retail and professional offices are permitt~
No. 527.
the Conditional
Resolution No.
services to the
Currently, only
ed by Resolution
Although Colony Square I is not presently experiencing the
same off-street loading problem as Colony Square II, staff is
of the opinion that it is only a matter of time before Colony
Square I will experience the same problem. Colony Square I
was also permitted without an off-street loading area.
Colony Square I, however, has the necessary parking needed to
maintain office use and provide for an off-street loading
area. Staff therefore recommmends approval of this request
subject to the following:
1. This property shall be used only for personal
services, retail and professional offices.
2. Creation of an 10 X 50 foot
three (3) parking spaces at
the parking area. Thi
designated as such and the
for the illegal parking
vehicles in this area.
loading area utilizing the
the northeastern portion of
s area shall be properly
owner shall be responsible
of customers or employee
3. All conditions on the previous Conditional Use Permit
shall remain in effect except #5.
Again Mr. Sargent requested a response if any from the
developer. The developer Mr. Hector Fernandez was not present
nor was his representavive Mr. Chris Giachetti of Century 21.
After substantial discussion regarding the appropriate retail
use and delivery concerns it was the consensus of the
Commission to request the City Council to address the issue
of delivery vehicles and appropriate retail use in regard to
future tenants.
A motion was made by Mr. George to recommend to the City
Council approval of this amendment to the Conditional Use
Permit, as presented by staff, seconded by Mrs. Gaines and
approved by unanimous vote.
Mr. Sargent introduce Item No. 3.
Item No. 3. Proposed Amendment to Ordinance No. 245-C.
Mr. Sargent requested staff to present their recommendations.
Mr. McAllister reviewed the the definitions to be added to
the ordinance.
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DEVELOPMENT: A subdivision or any improvement to land,
except the following: (a) A single building of one dwelling
unit and any accessory improvements there to, or (b) for
agriculture as defined herein.
IMPROVEMENT TO LAND.Any change to land or to any
structure on the land and shall include any movement or
grading of land, clearing of indigenous vegetation, the
construction, reconstruction, converture provided, however,
that any to a building floor area shall not be deemed an
improvement to land.
AGRICULTURE. The growing and harvesting, primarily for
sale of vegetation, crops, or plants, and/or the feeding and
raising, primarily for sale, of livestock and timber
production. The definition shall include any normal
accessory structure thereto provided, however, the following
shall not be included in this definition: (a) commercially
owned and/or operated citrus plants, (b) livestock sales
facilities, (c) packing plants, and (d) other similar
commercial or industrial type facilities.
Mr. McAllister stated the adoption of the amendment would
basically protect the City from any unnecessary moving of
lands, creating of fill, where there exist a lack of a
comprehensive development plan. Mr. Mc Allister informed the
Commission this proposal. would require anyone wanting to
develop property for any other purpose than a single-family
residence or agricultural use to obtain a Development Permit
through the Site Plane Review process.
Mr. McAllister advise the only other change would add the
following sentence to Section 26-10. Building and
Development Permits:
All development, as defined herein, shall be required to
obtain development approval prior to initiating development
activity.
Mr. Howard Barry of 439 Carroll Street questioned the reason
for exempting single-family residences. Mr. McAllister
explained a single-family residence is not considered
"development".
After a brief discussion a motion was made by Mr. Evans to
recommend to the City Council that Ordinance No. 256-C be
adopted as presented, seconded by Mr. DiCamillo and approved
by a 7-1 vote. Members Smart, Evans, Gaines, DiCamillo,
Sargent, George and Rranz voting aye. Member Smith voting
nay.
Mr. Sargent introduce Item No. 4
Item No. 4. Request for an amendment to the Comprehensive
Plan/Future Land Use District Map.
Applicant:
Richard Oliver
1754 Morning Drive
Clermont, Fla. 32711
Property: 1754 Morning Drive
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Land Use Map Designation: Present ERD-1 Proposed ERD-6
Zoning: Present R-1-A Proposed R-2
Mr. Sargent requested staff present their recommendation.
Mr. McAllister recommended denial of the request, stating the
principal impact would be incompatable with surrounding '
existing single family homes. Mr. Mc Allister also stated if
approved the proposed zoning change could be viewed as spot
zoning.
Mr. Sargent asked for any response if any, from the applicant
or adjacent property owners.
Mr. Oliver was present and stated the reason for the request
is to renovate the existing carport into an apartment for his
mother and father-in-law. Mr. Oliver, referring to possible
spot zoning, stated his property is adjacent to property that
is currently zoned R-2.
Mrs. Juniata Short Hull was present and stated she did not
have any opposition to this proposal.
Mr. Saunders emphasized that the Comprehensive Plan deals
with the future land use of the City. Mr. Saunders also
pointed out this property was deemed as single family area by
the City Council and recommended denial of this request.
Mr. Evans pointed out a zoning change of one lot could be
interpreted as spot zoning, which is a violation of state
law.
Mr. Smith suggested the need for an ordinance which would
address the need of "in-law" apartments. Mr. Smith stated he
felt there should be some type of assistance the city could
offer when individuals are attempting to privately care for
the elderly within their homes.
After further discussion a motion was made by Mrs. George to
recommend to the City Council denial of the requested
amendment to the Comprehensive Plan, seconded by Mrs. Gaines
and approved by unanimous vote.
Mr. Sargent introduce Item No. 5.
Item No. 5. Request for an amendment to the Comprehensive
Plan/Future Land Use District Map.
Applicant:
Poynter Construction
295 E. Hwy 50
Clermont, Fla. 32711
Owner:
Marilyn Langley
1213 Richmond Road
Winter Park, Fla. 32789
Property:
City Block BB S 1/2 of lot 11, Lots 14 and 15 less E 300"
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Land Use Map Designation: Present ERD-1 Proposed ERD-6
and as a permitted use Multi-family as a Planned Unit
Development.
Zoning: Present R-1-A
Mr. Sargents requested staff's recommendation.
Mr. McAllister recommended denial stating the predominant
land use and zoning surrounding the parcel is single family
with an existing mobile home park to the east.
Mr. McAllister emphasized that the Land Use Map is intended
to be comprehensive in nature and represent the general
development patterns of land use in the City. It is not
intended to be site specific as this only undermines the
values of the characteristic of the predominant land use in
the area.
Mr. McAllister recommended that this property remain as ERD-1
until such time as a full reconsideration of the status of
the area lying between Minneola Avenue, Hook Street and Ramie
Drive can be made. A preliminary examination of this area
will be carried out by the Planning Department during' the
spring of 1988.
Mr. Sargents asked if there had been response, either for or
this proposal, from any adjacent property owners.
Mr. McAllisters stated there had been approximately 25-30
phone calls stating opposition to the request. Mr.
McAllister also supplied members of the Commission with
copies of petitions and letters from property owners stating
their opposition to this request.
The following residents were present and stated their
opposition to this request; Rose Marie Line, John Fleming,
Fred Saunders, Al Ruona, James Dawkins, Millard Coggshall,
Chester Calvert and Bill Misuraca. Mrs. Juniata Short Hull
and Mrs. Pat McCaffrey were presented and stated they had no
opposition to this request.
Walt Poynter the developer was present and stated the intent
of the request was not to go to the full density allowed in
ERD-6, 8 units per acre, but to allow him to request 6.4
units an area which would be permitted in the ERD-6 District,
whereas ERD-1 allows 4 units per acre. Mr. Poynter stated he
would like to develop 38 units on this parcel. Mr. Poynter
also stated he felt a development of this nature would be a
good transition from the abutting trailer park into the R-1-A
District.
Mr. Al Ruona questions what would be the means of ingress and
egress.
Mr. Poynter stated access would have to be either from
Lakeshore Drive or a possible land purchase with access on
Bloxam Avenue.
Mr. McAllister pointed out that you cannot put conditions on
a Land Use Amendment, such as restricting the density of 6.4
units per acres, when the allowable density is 8 units per
acre. Mr. McAllister also pointed out that the zoning and
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land use stays with the property and is not eliminated when
there is a change in ownership. Mr. McAllister emphasized if
this requested were granted with the understanding that Mr.
Poynter would develop with a guideline of 6.4 units an acres.
there are no means for the City to hold Mr. Poynter or any
future property owner to that commitment.
Mr. Smart stated he felt development of the property would
be difficult because of the adjacent mobile home park and
suggested the requested change would offer a compromise
between the R-2 Medium Density Residential District and the
R-1-A Urban Residential District.
Mr. Saunders pointed out that for the last 43 years single
family homes have developed all around the mobile home park.
Mr. Evans stated it was the responsibilty of the Commission
to follow the guidelines setforth by the Comprehensive Plan
and to protect the "Future Land Use" in the City.
After further discussion a motion was made by Mr. Smith to
recommend to the City Council, denial of the request to amend
the Comprehensive Plan, seconded by Mrs. Gaines and approved
by unanimous vote.
There being no further business, the meeting was adjourned.
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John Sargen Chairman
ATTEST:
~---
ane Warren
Planning & Zoning Technician
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