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,
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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.
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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.
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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.
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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
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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.
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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
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ATTEST
2'-~~'
an arren
P nning & Zoning Technician
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