02-06-1990 Meeting~ •
PLANNING & ZONING COMMISSION
FEBRUARY 6, 1990
The regular scheduled meeting of the Planning & Zoning Commission
was called to order on February 6, 1990 by Chairman John Sargent.
Members present were James Brown, Marilyn George, Don Smith, Ed
Ivey, Peter Bertonaschi, Adelbert Evans and Bonnie Kranz. Also
attending were James McAllister Planning Director and Jane Warren
Planning Technician.
ORGANIZATIONAL MEETING:
Nominations for Chairman
Marilyn George nominated John Sargent for chairman, seconded by
Adelbert Evans. There being no other nominations the nominations
were closed and Mr. Sargent was elected chairman by a unanimous
vote.
Nominations for Vice-Chairman
Marilyn George nominated Adlebert Evans for vice-chairman, seconded
Ed Ivey.
Adelbert Evans nominated Marilyn George, seconded by Bonnie Kranz.
There being no other nominations Marilyn George was elected vice-
chairman by a 5-3 vote.
NEW BUSINESS:
REQUEST FOR CHANGE OF ZONING
APPLICANT: City of Clermont
OWNER: Marvin Sutton
991 Chestnut Street
Clermont, Fla. 34711
Blue Goose Growers Inc.
P.O. Box 1120
Vero Beach, Fla. 32961
GENERAL DESCRIPTION
LOCATION
Blue Goose Growers Inc.and that property located directly
southeast of CBS Lumber.
Johnson Replat, Block 117 Lots 1,2, and 3 and that area
south of Lake Minneola, east of west line of Section 24-
22-25, west of West Avenue and north of the Seaboard
Coastline Railroad and that property bounded on the north
by same railroad, on south by Osceola Street, and the
east by West Avenue and on west by west line of Section
24-22-25
ZONING: Present: M-1 Light Industrial
Proposed: C-1 Light Commercial District
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RECOMMENDATION:
Mr. McAllister reminded the Commission this request was originally
presented to the Commission on January 2, 1990, but had been tabled
at the requested of the property owner.
Mr. Adelbert Evans motioned to removed the request from the table,
seconded by Marilyn George and approved by a unanimous vote.
Mr. McAllister suggested in light of the recent freeze and the
likehood that the existing use would cease, now would be the
appropriate time to rezone this property which is a critical
lakefront area, and implement a more suitable zoning, such as C-l.
Mr. McAllister implied that the current designated Land Use for
the property (NED-6) discourages industrial expansion.
Mr. McAllister informed the Commission that Dole Citrus and
Clermont Builder Supply were opposed to the proposed rezone.
Mr. John McQuire was present, representing Dole Citrus, and stated
because of the recent freeze the company had not had time to
evaluate the possible damage to their groves, nor were they able
to project at this time their future operation of the site. Mr.
McQuire informed the Commission that the company would need time
to properly evaluate the situation, and suggested tabling the
proposal until July of 1990, at which time the damages sustained
by the freeze could be determined.
Mr. McGuire stated he was aware of the concerns of the City to
protect the lakefront area and emphasized the willingness of Dole
Citrus to cooperate with the City, but at the same time did not
want to limit the existing or future uses of the site.
Mr. Leonard Baird City Attorney, was present and advised all
present that a rezone of the property would not limit the present
operation of business, nor wauld it limit the operation of a future
owner, as long as the current use did not lapse for more than one
year. Mr. Baird also informed the property owners that the current
or future owners could expand the use through the Conditional Use
Permit process.
Mr. McAllister stated that City's request is prompted by the need
to bring properties in conflict with the Comprehensive Plan into
compliance and is not an attempt to limit any existing operations.
Mr McAllister also emphasized that any grandfathered or non-
conforming use would able to expand the Conditional Use Permit
process.
Mr. Baird stated the proposed rezone is a house cleaninct attempt
to bring this property into conpliance with the Comprehensive Plan,
which is required by the state.
Mr. McAllister also emphasized that the State does require all
cities to bring their zoning into compliance with the Comprehensive
Plan and pointed out that the State can withhold revenues until
such time that the guidlines are met.
Mr. Lawson Wolfe owner of CBS Industries, was present and stated
his opposition to the request.
Mr. Wolfe stated he felt labeling the property as a non-conforming
use would negatively reflect on the value of his property.
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Commission Member Don Smith stated he felt the proposed change is
inevitable and suggested that the current use is not endangering
the lake but if the property were to remain M-1 Light Industrial,
a changed use in the future could possible be less desirable and
possibly damaging to the environment.
Commission Member Evans emphasized the responsibility on the
Planning & Zoning Commission, concerning the Comprehensive Plan is
to visualize as much as possible the growth and development of the
City and to try to set the standards which will assist and protect
the property owners, residents and environment of the City.
Mr. Wolfe questioned why there was an ongoing revision of the
Comprehensive Plan, and suggested that the City should have been
in compliance long ago.
Mr. Baird advised all present that the State has made amendments
which require the City to redo the Comprehensive Plan and to also
address the issues of zoning compliance within the City.
Mr. McAllister stated the state has set tough guidelines, but they
are clearly defined and the City needs to address any conflict
within the City.
After further discussion a motion was made by Member Don Smith to
recommend to the City Council approval of this request as presented
by staff, seconded by Adelbert Evans.
The motion was approved by a 7-1 vote. Member Ed Ivey voting nay.
Member Ivey wished to go on record as stating that he did not feel
the City gave the property owner's concerns proper consideration,
nor did he feel a decision should be made because of pressures and
decisions handed down by Tallahassee.
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REQUEST FOR CONDITIONAL USE PERMIT
OWNER: Rick Weber
APPLICANT: Same
PROPERTY: City Block 79. lots 15, 17, 19 and the N 50'
of lots 18 and 20.
LOCATION: Minneola Villas, south of Osceola Street and east
of Eighth Street
ZONING: R-3 Residential/Professional District
C-2 General Commercial Business District
REQUEST: To construct two (2) additional townhomes.
RECOMMENDATION:
Mr. McAllister informed the Commission that the applicant was
originally granted a Conditional Use Permit (Resolution No. 582)
in May 1988.
Condition No. 7 states the Conditional Use Permit will expire if
construction has not begun within one (1) year of the date of the
Conditional Use Permit, this being the case the developer is
required to seek another Conditional Use Permit before construction
can commence.
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Mr. McAllister stated the plans presented had been reviewed and
approved by the Site Review Committee and recommended approval of
this request subject to the original conditions as stated in the
original Conditional Use Permit.
After a brief discussion by the Commission a motion was made by
Member Ivey to recommend to the City Council approval of this
request as presented, seconded by Bonnie Kranz and approved by a
unanimous vote.
REQUEST FOR CONDITIONAL USE PERMIT
OWNER: Robert Roberts
LOCATION: 997 West Highway 50
ZONING: C-2 General Commercial Business District
REQUEST: To operate a convenience store (with existing gas
station).
RECOMMENDATION:
Mr. McAllister stated the applicant is requesting a Conditional Use
Permit to operate a foodmart from an existing Chevron Service
Station located immediately west of City Hall.
According to the applicant's floor plan, the foodmart will occupy
approximately 300 square feet in floor area.
Mr. Robert Roberts owner of the property, was present and stated
the reason for the request was an attempt to improve the existing
business and to enhance the appearance of the site with additional
signage and landscaping.
Mr. McAllister pointed out that the site plan as presented
indicates five (5) parking spaces to be dedicated for patron
parking only, in actuality, only four parking spaces can be
accommodated, as there exists only 45 feet. Added parking can be
placed on the east side of the building.
The applicant has mentioned in the past that there exists a problem
with motorists cutting across the applicant's parking lot to get
to City Hall, Clermont Recreation Center and Westgate Storage.
Mr. McAllister recommended that the applicant construct a
landscaped area according to code between the City Hall parking
lot and the applicant's lot. A landscape area will also be
required between the parking area on the west side of 10th Street.
Mr. McAllister stated he had received a letter from the Redi-Mart
which stated they were opposed to the project.
The Redi-Mart Corporation stated they were denied a request to
operate a gas station in conjunction with their convenience store
and suggested approval of this request would create direct
competition for the existing convenience store.
Member George pointed out the reason for the denial of the request
for a gas station by the Redi-Mart Corporation was because of there
was not sufficient setback area on the site.
Mr. McAllister recommended approval of this request subject to the
following conditions:
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CONDITIONS:
1. The convenience store shall be limited to the existing
300 sq. ft. of office area within the building as
designated on the attached plan.
2. Landscape buffer required on east property line and
between the parking area to the west and 10th Street.
3. The convenience store will remain as an ancillary use to
the main use, that of a service station.
After a brief discussion a motion was made by Member George to
recommend to the City Council approval of this request as
presented, seconded by Don Smith and approved by a unanimous vote.
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REQUEST TO AMEND THE COMPREHENSIVE PLAN/
FUTURE LAND USE DISTRICT MAP
APPLICANT: Capital Gains Partners IV, Ltd.
604 Courtland St. Suite # 200
Orlando, Fla. 32790
PROPERTY: All of tract 58 lying E of US Hwy 27, Sec. 29, Twn. 28S
Rge 26E, Lake Highlands Company Subdivision
GENERAL LOCATION: East of Hwy 27 and approximately 1/2 mile south
of Hwy 50
ACREAGE 5.9
LAND USE MAP DESIGNATION: Present: County
Proposed: UD-2
ZONING: C-2 General Commercial District
PURPOSE FOR AMENDMENT REQUEST: To join property to tracts 55-A and
55-B which are presently zoned C-2 General Commercial District and
UD-2 (Undeveloped District).
STAFF ANALYSIS AND RECOMMENDATION:
Mr. McAllister informed the Commission that the property in
question was originally annexed into the City on October 24, 1989
and at that time, rezoned to C-2. All that remains to legitimize
the annexation is to issue the property a Future Land Use District
designation.
Mr. McAllister pointed out that the requested designation of the
UD-2 Future Land Use District would complete the pattern initiated
by the applicant last year when tracts 55-A and tracts 55-B of Lake
Highlands Subdivision were annexed into the City, rezoned to C-2
and assigned to the UD-2 Future Land Use District.
Mr. McAllister stated no formal development plan has been submitted
by the applicant, but it is expected that the property will be
developed as commercial in the near future.
After a brief discussion a motion was made by Mr. Smith to
recommend to the City Council approval of this request, seconded
by Adelbert Evans and approved by unanimous vote.
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REQUEST TO AMEND THE COMPREHENSIVE PLAN/
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FUTURE LAND USE DISTRICT MAP
APPLICANT: Richard Gallup
310 Almond Street
Clermont, Fla. 34711
PROPERTY: Sunnyside Unit, Block 2, Lots 7 and 8
GENERAL LOCATION: 310 Almond Street
ACREAGE city lot 100' x 150'
LAND USE MAP DESIGNATION: Present: NED-5 (Non-established
District)
Proposed: EBD-2 (Established Business
District)
ZONING: R-2 Medium Density Residential District
PURPOSE FOR AMENDMENT REQUEST:
To convert the existing one-story former single family residence
into a professional office.
RECOMMENDATION:
Mr. McAllister stated the applicant is requesting reclassification
from NED-5 to EBD-2 for an approximately 15,000 sq. ft. lot
located on the northeastern corner of Bowman and Almond Street.
The reason for the request is to convert the existing one-story
former single family residence into a professional office.
Surrounding land uses include a shopping center to the north, a
duplex to the east, vacant residential property to the south and
residential and office uses to the west.
Looking east of lots 7 and 8, there exists one duplex and vacant
property (lots 76 and 69). Lots 76 and 69 are virtually
undevelopable as separate lots due to the fact that the First
Federal Saving & Loan of Lake County has developed much of that
area including parts of those lots. The generalized future land
use pattern north of this existing boundary line is generally
commercial. Staff is of the opinion to reclassify lots 7, 8, 9 and
10, and lots 69 and 76 of Clermont Heights to EBD, would allow for
an acceptable buffer (office use) between the predominantly
residential south side of Almond Street and the predominately
commercial north side.
Mr. Gallup owner of the property was present and stated if the
request were approved he would follow up with a request to rezone
to R-3 Residential/Professional. Mr. Gallup also stated he was
under the impression when he originally purchased this property
professional offices were a permitted use within the existing
zoning.
Mrs. Kranz questioned why was the boundary line of the land use
designation drawn in the middle of the block rather than the end
of the block (Almond Street).
Mrs. George suggested the boundaries were drawn to accommodate the
existing businesses and residences at that specific time.
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Mr. Ivey questioned the amendment process and expressed concern
regarding the Land Use change prompted by the City rather than by
the property owners.
Mr. McAllister informed Mr. Ivey of the procedure to notify
adjacent property owners and also pointed out owners of any
property, other than that proposed in the request, would be
notified by staff.
After a brief discussion a motion was made by Bonnie Kranz to
recommend to the City Council the following property be
redesignated as EBD-2:
Sunnyside Unit, Block 2, Lots 7, 8, 9, 10 and
Clermont Heights Lots 69 and 76.
Seconded by Adelbert Evans and approved by a 6-2 vote.
Members Edwards and Bertronashi voting nay.
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REQUEST TO AMEND THE COMPREHENSIVE PLAN]
FUTURE LAND USE DISTRICT MAP
APPLICANT: Gui Govaert, as Chapter 7 Trustee for
Roy Woodruff a/k/a
4100 North Miami
Florida, 33127
PROPERTY: Portion of lot 5, City Block F
GENERAL LOCATION: South of Grand Highway and west
of undeveloped portion of Bloxam Ave right of way.
ACREAGE 1.5
LAND USE MAP DESIGNATION: Present: UD-4 (Un-developed
District), with a density of 4 units per acres.
Proposed: UD-4 (Un-developed
District), with a density of 8 units per acres.
ZONING: R-3 Residential/Professional District
PURPOSE FOR AMENDMENT REQUEST:
property to 8 units per acre.
To increase density of entire
RECOMMENDATION:
Mr. McAllister clarified that the applicant is seeking an amendment
to the text portion of the Comprehensive Plan identifying permitted
land uses within the UD-4 Future Land Use District.
The purpose of the request is to allow the applicant a uniform
density throughout the property. Currently, eight units to the acre
are allowed on lot 6 while lot 5 is confined to a maximum of four
units to the acre.
Ideally, all of lot 5 should have been designated medium density
regardless of the fact that low density residential exists on a
relatively small piece of property within this area.
Future land use trends within the City dictate medium density
residential in this area.
Mr. McAllister stated he felt the property was well suited for
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eight (8) units per acre and pointed out much of the area to south
to Pitt Street was planned as medium density residential, that is,
up to eight dwelling units per acre.
Mr. Warren Thomas and Mr. Steve Johnson adjacent property owners,
were present and stated their concern regarding the increase
density and suggest such an increase would burden the water and
sewer system and also create additional traffic problems on Grand
Highway.
Mr. McAllister stated the area has been designated as a medium
density area and suggested a density of four (4) units per acre
would not be economically feasible for property owners, but also
pointed eight (8) units per acre would create over crowding.
Mr. McAllister emphasized that any construction in the area would
have to meet the restrictions set forth in the Zoning Ordinance.
Mr. Thomas question how the proposed density would affect the
existing single family homes presently in the R-l.
Mr. McAllister pointed out that the R-1 Residential District does
not allow multi-family as a permitted or as a conditional use,
therefore this amendment would only affect those homes unless a
zoning change were requested.
Mr. Johnson question what buffers would be required of future
developers.
Mr. Smith pointed out if the proposal were not granted, more than
likely Bloxam Avenue would be come the natural buffer between the
two existing densities, but Mr. Smith also emphasized that a future
development would have to adhere to all zoning and landscaping
requirements which would require buffering.
Mr. McAllister recommended approval of this request only if the
entire lot 5 would be reclassified. To not include lot 5 would
require a metes and bounds description for this small area which
would be inconsistent with good long range planning practice.
After a brief discussion a motion was made by Member Ivey to
recommend to the City Council approval of this request, seconded
by Bonnie Kranz and approved by unanimous vote.
DISCUSSION:
Central Business District - Parkinq Requirements
Mr. McAllister pointed out the Central Business District (CBD) is
exempt for on site parking.
Mr. McAllister informed the Commission that new or expanded uses
are not required by the Zoning Ordinance to address additional on-
site parking in the downtown area.
Mr. McAllister stated that are many times when the current parking
is not adequate existing businesses .
Mr. McAllister pointed out several projects in the area are in the
review process, and suggested the need to look at possible
alternatives.
After a brief discussion the following alternatives were suggested:
1. Require additional on-site parking.
2. Establish a parking impact fee
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3. Reduce the size of the CBD District.
4. New business would be required to provide an established
percentage of parking required in other business districts.
There being no further business the meeting was adjourned.
John N. Sargent, Chairman
ATTEST:
Jane Warren,
Planning Technician
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