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08-11-1987 Regular Meeting~ s ~ " C,?TY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION AUGUST 11, 1987 The regular scheduled meeting of the Planning and Zoning Commission was called to order August 11, 1987 at 7:30 p.m. by Vice-Chairman Adelbert Evans. Members attending were Debbie Gaines, Cecil Smart, Don Smith, Marilyn George, and Ron Carden. Members John Sargent and Curt Dicamilla were excused. Member Gloria Johnson was absent. Also attending were Wayne Saunders City Manager and Jane Warren Planning and Zoning Technician. MINUTES of the meeting held July 7, 1987 were approved as presented. NEW BUSINESS Mr. Evans introduced ITEM NO. 1 Consider revocation of the Conditional Use Permit issued to Initial Capital Outlay, Inc. September 14, 1983, (Hillside Villas). Mr. Evans requested the staff recommendations at this time. Mr. Saunders presented the a history of the project outlining the sporadic work and lack of progress. Mr. Saunders stated he informed I.C.I., Inc. that due to the lack of progress on the project the Conditional Use Permit was being referred to the Planning and Zoning Commission and the City Council for revocation on the respective dates. Within a week a new contractor was on the job. On Friday, July 24, work stopped again and as of this date has not resumed. Article VI, No. (9) of the Zoning Ordinance states that if development actions required by the grant of a Conditional Use are not taken within any time limits set in the Conditional Use Permit, the Planning and Zoning Commission shall review the circumstances and recommend to the City Council that: (A). Revised time limits be set; or (B). That the grant of Conditional Use be canceled. Condition No. 7, of the Conditional Use Permit states that construction must begin within one year of the Conditional Use Permit which would have been September 14, 1984. Mr. Saunders stated the City has given I.C.O., Inc. every opportunity to perform and almost three years have elapsed since the date that construction was to have begun. Mr. Saunders recommended because of the history of the project as outline, revocation of the Conditional Use Permit. Mr. Saunders further stated that the March 31, 1986 letter required a 530,000 Cash Performance Bond to be placed in escrow. Should the Conditional Use Permit be revoked, he am requested authorization to utilize the funds to reclaim and restore the site. Mr. Evans commented that Condition N0. 7 of the Conditional Use Permits states that the permit shall expire if construction has not begun within one year. Mr. Saunders concured with Mr. Evans, 1 • • • C[TY QF CLEttMONT' IviIN UTES and also advised the board that the city attorney had advised him that revocation of a Conditional Use Permit, does require action from the Planning and Zoning Commission and the City Council. Mr. Evans asked for any comments from the audience concerning the staff recommendations, there being none, Mr. Evans advised the discussion of the possible revocation be limited to the Planning and Zoning Commission. Mr. Smart questioned what would become of the site if the Conditional Use Permit were revoked. Mr. Saunders advised that the Performance Bond would be used to finance the reclamation of the site, which would entail stablizing the site, but would not remove any improvements that have been made to the site. Mr. Smith expressed concern for the possible legal repercussion if this Conditional Use Permit were revoke. Mr. Smith quoted Condition No. 7 of the Conditional Use Permit states "This permit shall expire if construction has not .begun within one year of the date of the Conditional Use Permit." Mr. Smith stated he felt site preparation which has begun at this site, would be consider "construction". Mr. Saunders advised the commission "construction" would be a structure. Mr. Saunders also advised the Commission of the two permits required for this project. One being Site Preparation Permit, which was obtained, and second a Construction Permit which has not been applied for. Mr. Smith suggest that along with the time schedule for commencement a time frame for completion should be reviewed. Mr. Smart questioned who would be responsible for future erosion after the property had been stablized. Mr. Saunders advised Mr. Smart the responsibility would revert back to the property owner. A motion was made by Mr. Smart, to recommend to the City Council immediate revocation of the Conditional Use Permit, seconded by Mr. Carden and approved by unanimous vote. Mr. Evans introduced ITEM NO. 2, Proposed Amendments to the Comprehensive Plan. PROPOSED AMENDMENT NO i. Amend the adopted Future Land Use Map by changing the following described property from Land Use designation ERD-7 to ERD-8. Lots 5 and 18 and the east 1I2 of lots 6 and 17 of Block 8. Located at 172 East Highland Avenue. This is located in the first block east of East Avenue. Mr. Saunders advised the Commission that this request was being made by Mr. Marino Thomas as the first step in rezoning the property from the current R-2 statue to R-3 which would allow professional offices in this area. The allowable residential density in the area would also be increased from 8 units per acre to 12 units per acre. This does not mean the property must be rezoned to R-3. The property would remain R-2 or be rezoned R-3, or R-3-A which would allow professional offices and keep the density at 8 units per acre. 2 • • . • Cd7Y OF C.LERMUNT MII~1U'~'ES Mr. Saunders recommended that if the Planning and Zoning Commission and the City Council consider professional offices an appropriate use for this area, the entire Block 8, north of Highland Avenue should be included in the change to ERD-8. To change only Mr. Thomas property which is located in the middle of the block would be spot zoning and inappropriate. Block 8 is abutted by existing ERD-8 designated property on the east, the cemetery on the north, C-1 property to the west and city owned strip and Highway 50 to the South. A petition supporting this change has been signed by owners representing approximately half of the total property located in the area. Mrs. Gaines expressed concern for the residents on East Avenue, stating Professional Offices could be bothersome and also create a possible parking problem. Mr. Saunders advised the Commission any professional office development would have to fall under the restriction of a Conditional Use Permit. J Mrs. Nell Hunt was present and stated as a resident in the area she was in favor of the request. Mr. Smith stated his only reservation was the possible extention to commercial use on East Avenue. Mr. Saunders advised the Commission that the property could not be rezoned to commercial use under the ERD-8 District After further discussion a motion was made by Mr. Smith to recommend to the City Council, that the entire Block 8 be changed to ERD-8 District, seconded by Mrs. George and approved by unanimous vote. Mr. Evans introduced ITEM NO. 3 PROPOSED AMENDMENT NO. 2. Amend the criteria for the land use designation NED-2 to include Professional Offices as a permitted land use. Mr. Saunders advised the Commission that, Mr. Keith Hogan, owner of the N 100' of lots 11, 12, 13, Block 74 had requested this change. All of the property in the which normally allows profess Permit. The Comprehensive allow professional offices. Conditional Use Permit for a Comprehensive Plan. NED-3 area is currently zoned R-3 Tonal offices under Conditional Use Plan Designation of NED-3 does not The City Council cannot issue a use that is not compatible with the By making this change the property would revert back to its status before the adoption of the Comprehensive Plan. The NED_3 area is basically west of 5th Street, north of Bowman Street and runs north to Lake Minneola, with a irregular western boundary of the EBD-1 or Central Business District Area. Mr. Saunders explained under the present NED-2 Land Use the only permitted uses are single family and multi-family residences, with a maximum density of 12 units per acre. 3 • s s • CITY OF CLERh10N1' MII~U'~'ES Mr. Saunders called attention to the zoning of Mr. Hogan's property which is R-3, and identified the conflict between the Ordinance 245-C which allows professional offices and NED-2 which does not. Mr. Smith expressed concern regarding the size of the area that would be affected and also the possibilty that portion of the area, being primarily residential would not be suited for professional offices. Mr. Smith suggested boundaries be set within the NED-2 area, rather than changing the entire area. After further discussion a motion was made by Mr. Smith to recommend to the City Council denial of the requested change, and also request that the Council direct the Planning and Zoning Commission to review the alignment between EBD-1 and NED-2 Districts seconded by Mrs. Gaines. Motion failed because of the lack of a majority. Members Smith, Gaines and Evans voting aye. Members Smart, Carden and George voting nay. Mr. Smart made the motion to recommend to the City Council approval of the request as presented, seconded by Mr. Carden. Motion failed because of the lack of a majority. Members Smart, Carden, and George voting aye. Members Smith, Gaines and Evans voting nay. Mrs. Gaines suggested the possibility of creating a new Land Use District which would allow professional office. A motion was made by Mr. Smith to recommend to the City Council the creation of two new districts, NED-7 from Lake Avenue west to the EBD-1 district and north to Minneola Drive and NED-8 from Lake Avenue west to the EBD-1 District and south to Broome Street. Both of these districts would allow professional offices. The motion was seconded by Mrs. George and approved by a 5-1 vote. Members Smith, Gaines, Smart, Carden and George voting aye. Member Evans voting nay. Mr. Evans introduced ITEM NO. 4 PROPOSED AMENDMENT NO. 3 Amend the Future Land Use Map by changing the following described property from Land Use Designation NED-5 to EBD-2. Mr. Saunders advised the Commission that Mr. George Gallup, owner of Lot 4, Forty Pines is requesting this change which would allow this property to be considered for rezoning from R-2 to C-2. Mr Gallup's property is located on the SE corner of .the intersection of Bloxam Avenue and Magnolia Street. He is abutted on the north by Magnolia Street and C-2 Zoning (Chain-o-Lakes Auto Parts), on the east by Bloxam Avenue and C-2 (Winn-Dixie). The property is abutted on the south and west by R-2 property developed as single family residential. The EBD-2 District is the least restrictive district in the City and permits any C-2 use. Mr. Saunders expressed his concern for the property owners but 4 Cf7'7 OR CLEF~IdUN1' MII~1U'~ES • expressed concerns regarding potential problems of the surrounding area. Mr. Saunders reiterated that the EBD-2 District, is the least restrictive land use. Mr. Saunders emphasized the fact that C-2 Zoning, would be allowed and could possibly back up the R-2 residential zone which is already a developed area. Mr. Gallup was present and stated the many disturbances cause by the existance of the Winn-Dixie Shopping Center and also the Chain-of-Lakes Auto Parts Store. Mr. Gallup also stated there are many late night deliveries to the shopping center as well a many large sand hauling and delivery trucks. Mr. Jay VanderMeer was present and spoke on behalf of the Gallup's stating the glare from vehicles going in and out of the shopping center shine directly into the Gallup house. Mr. Vander Meer also stated he felt the house if changed, would probably be used for some type of professional office and would not create a traffic of noise problem far the adjoining residents. After further discussion a motion was made by Mr. Smart to recommend to the City Council approval of this request, seconded by Mr. Carden. The motion failed for the lack of a majority. Members Smith, Gaines, and Evans voting nay. Members George , Smart, and Carden voting aye. Members Smith, Gaines and Evans expressed their concern regarding the implication of spot zoning such a small area. Mr. Smith also expressed his concerns far the Gallup's stating the attempt to sell this property as residential would be greatly handicapped because of the present businesses in the area. Mr. Evans suggest the major difficulty with this request is the proposed rezoning of one lot. Mr. Evans suggested the Commission look more closely at the surrounding lots. Mrs. Gaines stated her concerns regarding the change from a residential district to a district that would allow heavy commercial. Mr. Saunders explained to the commission any changes to the Land Use District would not automatically change the zoning of the property in question, this would be required by a separate petition from the property owner. Mr. Smith pointed out that lots 1 and 2 have a newly constructed duplex on the property. Mrs. George suggested Mrs. Hu11 owner of lot 3, would like to have professional offices available in the area. Mr. Saunders suggested if the consensus of the commission were to change the entire block, which is currently zone R-2, future control could be regulated by the Commission and the City Council at the time of a rezone request. A motion was made by Mr. Smith to recommend to the City Council approval of this request, with the change being Lots 1, 2, 3, 4, and 5 being placed in the EBD-2 Land Use District, seconded by Mr. Smart and approved by unanimous vote. 5 • • • ClT1' OF CLEk'dt7~~T MITrI~U'TES Mr Saunders advised the Commission and all interested parties that the requests will be heard for introduction by the City Council at the August 11, 1987 regular council meeting. All amendments introduced at that time will then be forward to the State of Florida Department of Community Affairs which had 45 days in which to review and comment. A final public hearing will then be conducted by the City Council at the first meeting in October. There being no further business the meeting was adjourned. Adelbert Evans, Vice-chairman J ATTEST 2'-~~' an arren P nning & Zoning Technician 6