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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 1 r • 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. Z • • 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. ******************************~***~*~~r*************************** 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. 3 • • 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: 4 • • 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. ***************************************************************** 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. ************************************************~~*~r~**~********* REQUEST TO AMEND THE COMPREHENSIVE PLAN/ 5 • • 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. 6 • • 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. *********~********~r**~~******************************************* 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 7 • • 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 8 • • 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 9