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01-05-1993 Meeting~ • MINUTES PLANNING & ZONING COMMISSION January 5, 1993 The meeting of the Planning & Zoning Commission was called to order Tuesday, January 5, 1993 at 7:30 P.M. by Chairman John Sargent. Members present were Don Smith, James Brown, Joseph Janusiak, Joseph Wiebush, Wendell McDannel, Jim Hoskinson, Bonnie Kranz and Marilyn George. Also attending were Lanny Harker Director of Planning and Mimi Shaw Planning Technician. MINUTES of the meeting held December 1, 1992 were approved as presented. NEW BUSINESS: 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Chester C. Fosgate Company, Inc. LOCATION: Property generally lying between S.R. 50 and Old Highway 50 and extending east of Jack's Lake Road to Greater Hills subdivision ACREAGE: 1227 Acres +\ REQUEST: A request for a Conditional Use Permit to sanction the grazing of cattle in the RR (Rural Residential Zoning District). Mr. Harker informed the Commission that the applicant is requesting a Conditional Use Permit to allow the grazing of approximately one-hundred fifty (150) head of cattle in a designated Rural Residential (RR) Zoning district. A system of fencing and cross-fencing is to be constructed in order to accommodate the grazing operation. Historically, the property is a portion of the former citrus holdings of the Chester Fosgate Company. At the time of annexation into Clermont the former owners were in legal process of obtaining approval as a Development of Regional Impact through the Department of Community Affairs, and a Conditional Use Permit for a Planned Unit Development from the City. However, due to the inclement economic climate that occurred during that time, formal approvals were never obtained and the project was suspended. Over the past two (2) year interim the subject property has changed ownership but the general scenario for development essentially remains the same. It is within reasonable understanding that unknown time factors, staff, and resources will be required to secure necessary authorization for such a project. Therefore, the overall intent of this requested action is to allow some form of viable economic use of the site while securing time for re-establishing the development process and acquiring approvals for the larger magnitude project. The Rural Residential (RR) Zoning District provides for field crops, orchards, non- commercial greenhouses and other horticultural uses as permitted uses within the adopted zoning classification. Although cattle grazing does not specifically appear as a permitted use, it may be presumed that as an agricultural oriented use it may reasonably be granted under certain circumstances and conditions. Additionally, it must be recognized that the property itself has unique characteristics with regard to size, location, ownership pattern and existing land use (i.e. Over two (2} sections of land, lying totally fallow, under single ownership, within the Ciry boundaries). 1 • • Mr. Harker stated that due to the uncommon and atypical characteristics of the site discussed previously, staff is recommending approval of this request subject to the standard Conditional Use Permit conditions and the following conditions: 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and/or successors in title or interest. 2. No change of the use or additions to the use shall be permitted except as approved by another Conditional Use Permit. 3. This Conditional Use Permit shall become valid for a period not to exceed five (5) years from the formal date of grant. 4. The cattle grazing operation shall be conducted in an appropriate manner with regard to accepted standards and practices for cattle grazing as prescribed by the USDA (United States Department of Agriculture), BLM (Bureau of Land Management) and SCS (Soil Conservation Service) or other appropriate agencies. 5. The property shall be developed in substantial accordance with an approved site and operations plan incorporating all conditions of this Conditional Use Permit. Said plans shall be submitted for review and approval of the site review committee prior to authorization and issuance of any development permit. 6. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by resolution. Mr. Sargent read a letter received from Claude Smoak and a telephone message received from David Black, both stating that they had no objections to the project. At this time Mr. Sargent asked all those present who wished to speak in regard to this case be sworn in. Persons sworn in were: Vera Pennington, 14012 Old Highway 50, Clermont, Florida Mary Brasher, South Highway 561, Clermont, Florida Del Ellis, 113 Sumter Street, Minneola, Florida Darryl Carter, 908 South Delaney Avenue, Orlando, Florida Arlene Kuster, 15910 Bay Lakes Trail, Clermont, Florida Cleo Ellis, 15528 Hidden Lake Circle, Clermont, Florida Bernice Ellis, 15528 Hidden Lake Circle, Clermont, Florida Ms. Mary Brasher, adjoining property owner, stated that she had no objections to the proposed project. Ms. Vera Pennington, adjoining property owner, stated that she had no objections to the project, however, she would request that the feeding and watering facilities not be located next to residential areas. Mr. Cleo Ellis and Mrs. Bernice Ellis, adjoining property owners, expressed their concerns of the possible odor problem and the degrading of the aesthetic view that the project could have on their property. Mr. Darryl Carter, applicant, assured Mr. and Mrs. Ellis that the limited number of cattle proposed to be placed on the property would be of such a small density that no odor problem should occur. 2 • • Mr. Harker informed the Commission that the number of cattle proposed to be placed on this large site would calculate to approximately one (1) cow per eight and one-half (8.5) acres. Mr. Sargent noted that most operations of this nature rotate the cattle, meaning that the cattle would not be grazing on the entire 1,200 acres at one time, but rather would be limited in pasture space and then moved to a different portion of the property in a given time. Mr. Jim Hoskinson questioned the use of barbed wire adjacent to a residential area. Mr. Sargent suggested that perhaps the applicant might have to place a double fence, one of standard material adjacent to the residential area with a barbed wire fence behind it. Further discussion followed regarding the use of barbed wire and limiting the number of cattle allowed to graze on the property at any one time. Ms. Dale Ellis, lessee of the proposed project, explained the proposed scope of the project. Further discussion followed regarding the location of feeding and watering facilities for the cattle. A motion was made by Don Smith to recommend approval to the City Council as presented by staff with the following additional conditions: 1. A fence (other than barbed wire) is to be provided to separate the grazing area from the developed residential areas. 2. Any feeding or watering facilities shall be a minimum of 1,000 feet from the fence that borders developed residential areas. 3. The total number of cattle to be permitted on the property at any one time shall be no greater than two-hundred fifty (250) mature head of livestock. The motion was seconded by Marilyn George, approved by a unanimous vote. There being no further business the meeting was adjourned. / / \. J 1 ,John N. Sargent, hairman t ATTEST: ~~ Fes- ~~,~'- Mimi Shaw, Planning Technician 3