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05-06-1986 Regular Meeting CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 6, 1986 The regular meeting of the Planning and Zoning Commission was called to order on Tuesday, May 6, 1986 at 7:30 p.m. by Chairman John N. Sargent. Members attending were Kathy Bloebaum, Debbie Gaines, Buddy Rogers, John N. Sargent, Cecil Smart, Don Smith and Bob Thompson. Adelbert Evans and Marie Mc Kinney were excused. Also attending were City Manager Wayne Saunders, Planning Director Dean Perlick, and Planning and Zoning Technician Marilyn George. MINUTES of the meeting held April 1, 1986 were approved as presented. CONDITIONAL USE PERMIT. Mr. Sargent introduced a request by Hector Fernandez for a Conditional Use Permit (CUP) to allow construction of a 3,840 square foot retail/professional building in the C-1 Light Commercial Zoning District on Lots 17, 18 and 19, less the N 60 feet of Lot 17; Block 73. Mr. Thompson declared a conflict of interest. Mr. Saunders explained that buildings over 3,000 square feet require a CUP in the C-1 zone, and that side and rear yard variances had been granted by City Council for a professional office building. The CUP request is for a retail store building, and Mr. Saunders stated that the request should be tabled if the use of the building is to be retail rather than professional. Walter Poynter, the contractor for the project, stated that he was not aware that the variance had been granted for professional offices only, and that all suggested conditions were acceptable. The City Manager said that the Commission could recommend a change in designation from "retail" to "retail/professional". A letter from Ted Majewski, an adjacent property owner was read, and is attached to these minutes. Discussion concerned the number of retail units, and it was determined that the size of the building was the only question that the Commission should be concerned with, not the division into units. A motion as made by Buddy Rogers, seconded by Don Smith and unanimously approved, with Mr. Thompson abstaining, THAT IT BE RECOMMENDED TO CITY COUNCIL TO GRANT THE CONDITIONAL USE PERMIT FOR A 3,840 SQUARE FOOT OFFICE BUILDING ON LOTS 17, 18 & 19 IN BLOCK 73 WITH THE FOLLOWING CONDITIONS: 1. The property must be developed in substantial accordance with an approved site plan. 2. If, at a future date, parking at this site proves inade- quate, the applicant understands and agrees that the City may require additional parking or rescind this CUP. 3. No further expansion of the use or additions to this facility shall be permitted except as approved by another CUP. 1 CITY OF CLERAlONT MINUTES PLANNING AND ZONING COMMISSION May 6, 1986 4. All applicable rules and regulations shall be met, including final sit~an approval, landscaping, drainage, parking and sign regulations, and all yard setbacks except for variances granted to permit a seventeen (17) foot rear yard setback and an east side yard setback of eight (8) feet. All re- quired landscaping must be served with a permanent irriga- tion system and must be properly maintained. The drainage and stormwater retention requirements of the Lake County Pollution Control Board and FAC 17-25 must be met, and approved by the City Engineer. These areas must be properly maintained. 5. This property may be used only as a retail/professional building. No other business operation may be conducted from this facility. This CUP is not transferable to any other business use, person or corporation. 6. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 7. This permit shall expire if construction has not begun within one year of the date of this CUP. 8. If any of the stated conditions is violated, the applicant understands and agrees that the City Council may revoke this CUP by resolution. 9. The two large oak trees near the eastern boundary of the property must be preserved. 10. A fence wi 1 1 be required on the east boundary of the proper- ty if the parking lot abuts that of the property to the east. CONDITIONAL USE PERMIT. Mr. Sargent introduced a request by Hector Fernandez for a CUP for a professional/retail building of approximately 3200 square feet on Lots 14 and 16, Block 45. Mr. Saunders explained that the side yard setback is shown as eight (8) feet on the western boundary of the property. He recommended that the request be approved if three palm trees on the property can be preserved and the twelve (12) foot side yard setback maintained. Joseph Z. Washuta, present owner of the property, explained that the front yard setback is greater than required in order to facilitate parking, and that the smaller side yard setback is requested in order that a building may be built to accommodate the larger front yard. After a brief discussion regarding the side yard setback, a motion was made by Mr. Smart, seconded by Mrs. Bloebaum and carried by unanimous vote THAT APPROVAL OF THE REQUEST FOR A CUP TO ALLOW A PROFESSIONAL/RETAIL BUILDING OF APPROXIMAT ELY 3200 SQUARE FEET ON LOTS 14 AND 16, BLOCK 45 BE RECOMMENDED TO CITY COUNCIL WITH THE FOLLOWING CONDITIONS: 1. The property must be developed in substantial accordance with an approved site plan. 2. If, at a future date, parking at this site proves inade- 2 ~ i CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 6, 1986 quate, the applicant understands and agrees that the City may require additional parking or rescind this CUP. 3. No further expansion of the use or additions to this facility shall be permitted except as approved by another CUP. 4. Al l applicable rules and regulations shal l be met, including final site plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks. All required landscaping must be served with a permanent irrigation system and must be properly maintained. The drainage and stormwater retention requirements of the Lake County Pollu- tion Control Board and FAC 17-25 must be met, and approved by the City Engineer. These areas must be properly main- tained. 5. This property may be used only as a professional/retail building. No other business operation may be conducted from this facility. This CUP is not transferable to any other business use, person or corporation. 6. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 7. This permit shall expire if construction has not begun within one year of the date of this CUP. 8. If any of the stated conditions is violated, the applicant understands and agrees that the City Council may revoke this CUP by resolution. 9. Three palm trees on the property must be allowed to remain, either where they are presently located or relocated on the site. CONDITIONAL USE PERMIT. Mr. Sargent introduced a request by Thomas E. Smith and Kevin T. Roberts for a CUP to build a 40,000 square foot shopping center at the southwest corner of the inter- section of Highway 50 and Twelfth Street, described as follows: Commence at the intersection of the centerline of SR50 and the center 1 ine of SR561 (12th Street) as shown on State Road Department ROW Map Sec. No. 1107-204-106, Sheet 16; thence S00 deg.20'35"W along the centerline of said SR561 a distance of 181.02 ft. to a point that is N OOdeg.20'35"E a distance of 30 ft. from the inter- section of the centerline of Broome St. and said centerline of SR561; thence N89deg.l8'22"W parallel with and 30 ft. N'ly of the centerline of said Broome St. a distance of 74.52 ft. to the W'ly ROW line of said SR561, as shown on the aforesaid State Road De- partment ROW map and the POB; thence continue N 89deg. 18'22"W, a distance of 668.20 ft; thence N21deg. 13'30"E 410.76 ft. to an intersection with the S'ly ROW line of SR50; thence S65deg.56'40"E along said S'ly ROW line a distance of 281.31 ft. to the point of a curve of a circular curve concave SW'ly having a radius of 500 ft.; thence SW'ly along the arc of said curve through a central angle of 44deg.48'44", a distance of 391.06 ft. to the POB. 3 CITY OF CLERNONT MINUTES PLANNING AND ZONING COMMISSION May 6, 1986 Mr. Sargent then stated a conf 1 ict of interest, saying he would participate in discussion but refrain from voting. The City Manager explained that the site plan referred to in the packet each member had received was unacceptable, but that a meeting had been held with the applicants and anew site plan had been distributed before the meeting. In addition, Conditions 9 through 16 were appended and distributed before the meeting. He stated that the City Staff recommends approval of the request. John Hause, architect for the project, objected to Condition No. 10, stating that it would be preferable to have two-way traffic through the opening. He requested that a recommended decelera- tion lane be located along their own property rather than to the west of the shopping center. Byron Banks, Director of Marketing for General Homes Development, explained that moving the previously mentioned entrance about eighty (80) feet to the east would clear the northeast corner of the west end of the building. It was explained that residents to the south of the proposed center will have an aesthetically pleasing view both because the back of the building will be architectually similar to the front and landscaping will be installed. Mr. Smith expressed disapproval of the entrances on Broome Street being the major ones for the project, and suggested that Highway 50 access to the center be provided for traffic traveling in an easterly direction only. He suggested that a condition be added prohibiting the developer from requesting that the Department of Transportation make a cut in the median strip. Mr. Hause stated that the east entrance from Broome Street will be used more than the western one, and that leaving the median intact would be satisfactory. After further discussion regarding access to and from Broome Street and Highway 50, a motion was made by Mr. Smith, seconded by Mr. Smart and approved by unanimous vote with Mr. Sargent abstaining THAT APPROVAL BE RECOMMENDED TO CITY COUNCIL OF THE REQUEST TO CONSTRUCT A 40,000 SQUARE FOOT SHOPPING CENTER AT THE SOUTHWEST CORNER OF HIGHWAY 50 AND TW ELFTH STREET, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The property must be developed in substantial accordance with an approved site plan. 2. If, at a future date, parking at this site proves inade- quate, the applicant understands and arees that the City may require additional parking or rescind this CUP. 3. No further expansion of the use or additions to this faci 1 ity sha 1 1 be permitted except as approved by another CUP. 4. All a~ li~cable rules and regulations shall be met, including fina sl ite plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks. All required landscaping must be served with a permanent irrigation system and must be properly maintained. The drainage and 4 • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 6, 1986 stormwater retention requirements of the Lake County Pollu- tion Control Board and FAC 17-25 must be met, and approved by the City Engineer. These areas must be properly main- tained. 5. This property may be used only as a shopping center. No other business operation may be conducted from this facili- ty. This CUP is not transferable to any other business use, person or corporation. 6. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 7. This permit shall expire if construction has not begun within one year of the date of this CUP. 8. If any of the stated conditions is. violated, the applicant understands and agrees that the City Council may revoke this CUP by resolution. 9. The entrance off Broome Street (Emerald Lakes Drive) is to be located in such a manner that bank drive-in traffic will not interfere with entrance and exit lanes of the shopping center. 10. The entrance on Highway 50 may be located to the east far enough to clear the NE crest of the building and allow for a decelleration lane per DOT requirements. 11. Landscape berm or decorative wall with hedge along the south property line and along the west edge of the water retention area with a minimum height of six feet will be required. 12. The architecture of the south and west sides of the building is to be consistent with the overall building design. 13. No parking is to be shown along the front of the shopping center. This area must be marked for a fire lane. 14. All trash containers must be in a screened area. 15. The traffic pattern is subject to approval by City Staff. 16. The developer is to be restricted from requesting a cut in . the median of Highway 50 in the future. REZONINGS. (See attached list.) The City Manager explained that the State of Florida Growth Management Act requires each gov- ernmental entity to adopt a Comprehensive Plan, and that the rezonings on the agenda are requested as a result of the Land Use Element of the Plan, in order to bring the zoning into confor- mance with the districts shown on the Future Land Use Map. In answer to a question from Regis Frye he stated that the area north of Lake Winona had been zoned R-3 since before 1980. The first rezoning on the agenda was Hillside Terrace from R-3 Residential/Professional to R-2 Medium Density Residential. Attorney Dennis Horton spoke against the rezoning, claiming that 5 • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 6, 1986 by establishing zoning which would not permit property owners to rebuild if their investment were destroyed the City is taking away part of the "bundle of rights" of property owners. He also stated that he felt he should have been notified personally before the Comprehensive Plan was adopted. This statement opened the floor to discussion about the method of notice given for the adoption of the Comprehensive Plan and the question of whether property rights of individuals were being violated by rezoning their properties to other uses than were permitted at the time of purchase. Citizens who expressed opinions during the discussion were: H. Clifton Bailey, Carle Bishop, Lawson Wolfe, Walter Poynter, Herb Rogers, Jean Bettencourt (representing Milton Kuharske), John Spanogle, Flo Nita Edgington Spanogle, Jo Cunningham, Philip Windheim, Richard Bell and Kathleen Parsell. After a very lengthy discussion, Mr. Sargent restricted comments to members of the Commission. He expressed the opinion that it should be recommended to Council to table the request until legal advice could be sought. Mr. Thompson said that he agreed that adequate notice might not have been given before the Comprehensive Plan was adopted, even though the State requirement for notice had been observed. He also said that it wasn't made clear at the time the Plan was being formulated that rezoning of nonconforming parcels would be required under the State guidelines. Mr. Smart and Mrs. Gaines stated that it seemed unfair that property owners would not be permitted to rebuild nonconforming structures in the event they were damaged beyond fifty percent of their value. Mr. Saunders explained that the Zoning Ordinance allowed a nonconforming use to be rebuilt with a Conditional Use Permit, and that an amendment could be made to the Comprehensive Plan to allow for rebuilding. Mr. Perlick suggested that a variance might be granted in such a case. After more discussion regarding the method of notifying property owners, about whether errors in judgement had been made in estab- lishing Future Land Use Districts, and whether Commission members had been fully informed regarding zoning changes necessitated by the adoption of the Comprehensive Plan, a motion was made by Mr. Thompson, seconded by Mr. Smith and approved by a five to one vote THAT TABLING OF ACTION ON THE REZONINGS BE RECOMMENDED TO CITY COUNCIL. Mr. Rogers voted nay. There being no futher business, the meeting was adjourned at 11:00 p.m. ATTEST: Marilyn G. George, P & Z Technician 6