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).
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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.
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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.
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1 ,John N. Sargent, hairman
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ATTEST:
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Mimi Shaw, Planning Technician
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