08-03-1993 Meeting• CITY Or CIJJeMONT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
AUGUST 3, 1993
The meeting of the Planning & Zoning Commission was called to order Tuesday, August
3, 1993 at 7:00 P:M. by Chairman John Sargent. Members present were Joseph Janusiak,
Joseph Wiebush, Jim Hoskinson, Don Smith, James Brown, Bonnie Kranz, Wendell
McDannel and Marilyn George. Also attending were Lanny Harker Director of Planning
and Mimi Shaw Planning Technician.
MINUTES of the meeting held July 6, 1993 were approved as presented.
At this time Chairman Sargent gave a brief description of all items on the agenda.
Chairman Sargent explained, in regard to agenda item 6, which is a request for a retail
shopping center at the intersection of S.R. 50, U.S. Highway 27 and Grand Highway, that
the applicant has asked that this request be tabled until the September 7, 1993 Planning
and Zoning Commission meeting.
A motion was made by Marilyn George that this request be tabled until the September 7,
1993 meeting, seconded by Wendell McDannel, and approved by a unanimous vote.
Chairman Sargent stated, in regard to agenda item #8, which is a request by John Garzia
to construct a 6,000 square foot retail store in the South Lake Shopping Center. This
item should not ~e on the agenda because it does not meet the requirements of the
Citys' Comprehensive Plan as to the floor area ratio. Chairman Sargent stated that the
applicant would have to pursue this matter with the City Council, however, if the
applicant wishes to have a discussion on this issue with the Commission he may do so
when this item comes up on the agenda.
Mr. Harker explained that the existing shopping center has a floor area ratio which
exceeds the allowable F.A.R. of 18°/o allowed by the City Comprehensive Plan. With the
proposed addition the center would be at approximately 23~/o F.A.R.
Mr. Garzia stated that he would like to speak to the Commission on this issue when his
request is up for discussion.
1. REQUEST FOR REZONING
APPLICANT: Shepherd of the Hills Lutheran Church
LEGAL DESCRIPTION: Lots 8, 9, 10 and 11, Block 8, Ella Vista Heights
GENERAL LOCATION: The northeast corner of Chestnut Street and Second Street
• •
CITY OF CLI.RMONP
MINUTES
PLANNING AND ZONING COMMISSION MEETING
AUGUST 3, 1993
Page-2-
REQUEST: Request for change of zoning from R-2 Medium Density Residential
District to R-3-A Residential/Professional Office District.
Mr. Harker noted that the church has requested a CUP for apre-school facility which
was heard by the Commission at the July meeting. The applicants must rezone this
portion of the property because the R-2 zone does not allow for day cares.
Mr. Harker further explained that the existing zoning of the entire church site includes
C-1 along S.R. 50, R-3 along East Avenue and R-2 on the four lots being requested for
amendment. Adjacent zoning of the area reflects the same scenario with C-1 along the
highway, R-3 to the east and R-2 to the south and west. However, the R-2 area directly
south of Chestnut Street has also requested amendment to R-3-A for their property.
The requested R-3-A zoning is consistent with the Future Land Use District designation
(NED-3) which would permit a maximum density of eight (8) units per acre, and is
compatible with Future Land Use Map directives that indicate residential and
residential/professional offices to the east, and commercial uses to the north.
Mr. Harker stated that based upon the surrounding existing land uses of the area, and
the NED (Non-Established District) Future Land Use classification of the site and
general area, Staff recommends approval of rezoning to R-3-A as requested.
Chairman Sargent stated that anyone wishing to speak in favor of, or in opposition to the
Rezoning should be sworn in. There being no one present to speak in regard to this
request, Chairman Sargent closed the Public Hearing.
A motion was made by Wendell McDannel to recommend to the City Council approval
of this rezoning from R-2 to R-3-A, seconded by Marilyn George and approved by a
unanimous vote.
2. REQUEST FOR REZONING
APPLICANT: South Lake Presbyterian Church
LOCATION: 131 Chestnut Street
REQUEST: Request for change of zoning from R-2 Medium Density Residential
District to R-3-A Residential/Professional Office District.
• C17S' OF CI.F,RMOIV7' •
MINUTES
PLANNING AND ZONING COMMISSION MEETING
AUGUST 3, 1993
Page - 3 -
Mr. Harker explained that this request is similar to the previous request. The requested
R-3-A zoning is consistent with the Future Land Use District designation (ERD-2) which
would permit a maximum of eight (8) dwelling units per acre and is compatible with
Future Land Use Map directives which indicate residential development to the south and
west, and residential-professional uses to the north and northeast.
Mr. Harker further noted that the surrounding zoning of the area is R-2 to the west, R-1
to the south, and R-3 to the north and northeast. It should be noted the R-3 zoning
district located to the north may allow up to twelve (12) dwelling units per acre; however,
the NED-2 Future Land Use District still maintains the eight (8) units per acre
requirement. Therefore, to maintain consistencies of the Future Land Use District
directives, this area better corresponds to the requested R-3-A classification.
Staff therefore recommends approval of this request.
Chairman Sargent stated that anyone wishing to speak in favor of, or in opposition to the
Rezoning should be sworn in. There being no one present to speak in regard to this
request, Chairmen Sargent closed the Public Hearing.
A motion was made by Joseph Janusiak to recommend to the City Council approval of
this rezoning from R-2 to R-3-A, seconded by James Brown and approved by a
unanimous vote, with Marilyn George abstaining from the vote due to a possible conflict
of interest.
3. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: South Lake Presbyterian Church
LOCATION: 131 Chestnut Street
REQUEST: A Conditional Use Permit to allow the operation of apre-school and
expand the existing church facility.
Mr. Harker informed the Commission that the applicant is requesting a CUP to expand
the existing church office area by 2,100 s.f. and operate apre-school facility in the
existing, original Fellowship Hall.
Mr. Harker further noted that the subject site is situated at the southwest corner of East
Avenue and Chestnut Street and encompasses the land area between Chestnut Street and
Linden Street. Land use of the surrounding area includes institutional (Lutheran
• CITY OF CIF.RMONT •
MINUTES
PLANNING AND ZONING COMMISSION MEETING
AUGUST 3, 1993
Page - 4 -
Church) to the north, which has also applied for rezoning and aPre-school operation,
and residential uses to the south, east and west. The Future Land Use District
designation (ERD-2) and Future Land Use Map category (residential) will not be
adversely affected by the request for either of the CUP actions.
Therefore, based upon the information provided previously, Staff recommends approval
of the church office expansion, and approval of the Pre-school facility contingent upon
rezoning to R-3-A. Approval for either or both uses should also include the following
conditions:
1. The conditions as set forth in the Conditional Use Permit shall be in addition to
conditions required by Resolution #510 for the church facility and shall be legally
binding upon any heirs, assigns and/or successors in title or interest.
2. The property shall be developed in substantial accordance with an approved site
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 ~ development permit.
3. All applicable rules and regulations shall be met, including but not limited to i"inal
site plan approval, landscaping, drainage, parking, sign regulations and all yard setbacks.
All required landscaping must be served with a low volume permanent irrigation system
including City approved and State mandated backflow prevention device and rain sensor
gauge. All landscaped areas must be properly maintained.
4. The site shall be provided with a masonry dumpster enclosure with wooden gates
which shall be indicated on the approved site plan.
5. The permittee shall provide a sidewalk constructed in accordance with City and
ADA standards along Chestnut Street and East Avenue, the length of the subject
property.
6. The permittee shall provide a five foot wide landscape buffer, in accordance with
City standards along the south and east property lines adjacent to the existing residential
uses.
7. All of the requirements of other regulatory agencies concerning day care or pre-
school facilities must be met. All required improvements must be completed prior to
issuance of a certificate of occupancy for the requested use.
CI'!Y OP CLF.RMON7'
MINUTES
PLANNING AND ZONING COMMISSION MEETING
AUGUST 3, 1993
Page - 5 -
8. This permit shall become null and void if substantial construction work for the
church offices has not begun within one (1) year of the date of grant of this Conditional
Use Permit. "Substantial Construction Work" means the commencement and continuous
prosecution of construction of required improvements ultimately finalized at completion.
9. The permit for the pre-school/day care facility shall become null and void if the
proposed use has not formally begun within one (1) year from the date of grant by the
City Council.
10. The final Certificate of Occupancy or Occupational License cannot be issued until
each of the stated conditions has been met.
11. No further expansion of the use or additions to the facility shall be permitted
except as approved by another Conditional Use Permit.
12. 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.
Chairman Sargent stated that anyone wishing to speak in favor of, or in opposition to the
Conditional Use Permit should be sworn in. There being no one present to speak in
regard to this request, Chairman Sargent closed the Public Hearing.
Mr. Smith asked why Staff was not requiring a sidewalk on Linden Street.
Mr. Harker explained that Staff had researched the original sidewalk study for the City
and both East Avenue and Chestnut Streets appear on the initial list of streets proposed
to have sidewalks. Linden Street is also only two blocks long which dead ends, and has
limited access. However, Chestnut Street could potentially become a collector street in
the future.
Mr. Smith stated that he thought the Citys original plan was to have sidewalks placed on
all streets, he did not realize some streets had been eliminated.
Mr. Harker explained that the study he is referring to was started in 1977, however, he
believes the Citys intent is to place sidewalks on all streets eventually.
Mr. Smith noted that if we did not require the applicant to do it now, it will become the
tax payers obligation when the City decides that all streets will have sidewalks. Mr.
Smith recommended that the conditions be changed to require a sidewalk along Linden
Street.
C.l7Y OF CLF.RM01V7' •
MINUTES
PLANNING AND ZONING COMMISSION MEETING
AUGUST 3, 1993
Page-6-
Chairman Sargent noted that the representative of the applicant had arrived. Chairman
Sargent reopened the Public Hearing portion of the meeting. Rick McCoy, Project
Engineer, of 721 West Avenue, Clermont was sworn in by Planning Technician Mimi
Shaw.
Mr. McCoy noted that the applicant would have no problem with installing the sidewalk
along Linden Street. Other aspects of the site plan, such as possibly adding some
additional asphalt parking, will be discussed in site review.
A motion was made by Don Smith to recommend to the City Council approval of the
CUP as recommended by staff with an additional condition requiring the installation of a
sidewalk on Linden Street, seconded by Joseph Janusiak, and approved by a unanimous
vote, with Marilyn George abstaining from the vote due to a possible conflict of interest.
4. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Surin Construction, Inc.
i
OWNER: Blessed Sacrament Catholic Church
LOCATION: ?20 12th Street
REQUEST: A request for a Conditional Use Permit to amend Resolution #342 to
allow the addition of a classroom/meeting room to the existing church in
the R-3 Residential/Professional District.
Mr. Harker informed the Commission that the applicant is requesting authorization to
expand the existing church structure by adding a 24'x48' (1,152 square feet)
classroom/meeting room. Alteration is to occur under the present roofed-over area on
the west side of the structure.
The subject site is located on the northwest corner of Twelfth Street and S.R. 50 and
falls within the NED-1 and NED-b (Non-Established District) Future Land Use Districts.
Mr. Harker noted that based upon the surrounding existing land uses of the area and the
NED Future Land Use classification of the general area, Staff recommends approval
subject to the following conditions:
crr~- or cr.~rroNr
MINUTES
PLANNING AND ZONING COMMISSION MEETING
AUGUST 3, 1993
Page-7-
1. The conditions as set forth in the Conditional Use Permit shall be in addition to
conditions require by Resolution #342 for the church facility and shall be legally binding
upon any heirs, assigns and/or successors in title or interest.
2. The property shall be developed in substantial accordance with an approved site
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 a development permit.
3. All applicable rules and regulation shall be met, including but not limited to final
site plan approval, landscaping, drainage, parking, sign regulations and all yard setbacks.
All required landscaping must be served with a low volume permanent irrigation system
including City approved and State mandated backflow prevention device and rain sensor
gauge. All landscaped areas must be properly maintained.
4. The permittee shall provide a sidewalk constructed in accordance with City
standards along Twelfth Street, the length of the subject property.
5. No further expansion of the use or additions to the facility shall be permitted
except as approved by another Conditional Use Permit.
6. The final Certificate of Occupancy or Occupational License cannot be issued until
each of the stated conditions has been met.
7. 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.
Chairman Sargent stated that anyone wishing to speak in favor of, or in opposition to the
Conditional Use Permit should be sworn in. There being no one present to speak in
regard to this request, Chairman Sargent closed the Public Hearing.
Don Smith recommended that the Commission consider requiring a sidewalk to be
installed along the south side of Montrose Street.
Further discussion followed regarding the installation of a sidewalk on Montrose Street.
A motion was made by Marilyn George to recommend to the City Council approval of
this request as presented by Staff, seconded by Joseph Janusiak and approved by a
unanimous vote.
CITY OF CLCRMOlV7'
MINUTES
PLANNING AND ZONING COMMISSION MEETING
AUGUST 3, 1993
Page-B-
S. REQUEST FOR REZONING
APPLICANT: Nick Jones and Associates
OWNER: John P. Adams
LEGAL DESCRIPTION: Tract 17, less the east 25' and Tract 18, Lake Highlands
Company, Section 28, Township 22, Range 26
LOCATION: Southwest corner of S.R. 50 and Hancock Road
REQUEST: A request for rezoning from RR (Residential District) to C-2 (General
Commercial Business District).
Mr. Harker explained that in accordance with current City regulation all properties
annexed into the City of Clermont automatically receives designation as Rural
Residential District (RR) upon formal approval for annexation by City Council. The
applicant and ovbner of this site are requesting rezoning to C-2, General Highway
Commercial Designation for the 19.4 +!- acre parcel described above.
Mr. Harker noted that the subject property is situated at the southwest corner of S.R. 50
and Hancock Road, adjacent to the existing City boundary located on the north side of
S.R. 50. The City adopted and state approved Comprehensive Plan indicates this area as
one of Clermonts designed commercial nodes. Therefore, rezoning to C-2, General
Commercial Business District, would be in conformance with approved directives for
future City growth and development.
Based upon the City adopted and state approved Comprehensive Plan, Staff recommends
approval of the rezoning from RR (Rural Residential District) to C-2 (General
Commercial Business District) subject to formal action of the City Council for the
requested annexation.
Chairman Sargent stated that anyone wishing to speak in favor of, or in opposition to the
Rezoning should be sworn in. Mr. Nick Jones, applicant, of 1322 Bowman Street,
Clermont, Florida was sworn in.
Mr. Hoskinson stated that this would appear to be strip zoning, being so far away from
any other commercial zoning.
CITY OF CLERMOlV7'
MINUTES
PLANNING AND ZONING COMMISSION MEETING
AUGUST 3, 1993
Page-9-
Mr. Smith noted that he would be fearful that if this parcel were to be developed the
City would be required to provided water and sewer services which would be a difficult
venture for the City.
Mr. Hoskinson asked why it would be necessary for this parcel to be annexed into the
City of Clermont in order to be developed.
Mr. Harker noted that based on Lake Countys current Comprehensive Plan they need a
population of 200,000 people. This parcel is directly across the street from the City's
designated commercial node which has been approved by DCA. We have already
entered into agreements in placing a water system in this area.
Mr. Smith stated that he felt he does not have enough information to make a decision on
this request. Mr. Hoskinson agreed.
Further discussion followed.
A motion was mJade by Bonnie Kranz that the Commission recommend approval of the
rezoning from RR to C-2 to the City Council, seconded by Marilyn George, approved by
a vote of 6 to 3, with Don Smith, Joseph Wiebush and James Hoskinson voting nay.
T. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: Kurt Damron
LOCATION: 1295 West Highway 50
REQUEST: A request for a Conditional Use Permit to allow a specialty automobile
parts sales business and ancillary light manufacturing business in the C-2
General Commercial Business District.
Mr. Harker explained that the applicant is requesting a Conditional Use Permit to allow
temporary, limited manufacturing in conjunction with a retail specialty car parts sales and
parts distribution business in the former Restor Industries building located on S.R. 50.
The light manufacturing is what requires this use to obtain a CUP.
Mr. Harker noted that he and the City Manager had visited the applicants present
operation in Orlando. The applicant desires to temporarily relocate the business to the
Restor building until a new facility can be constructed on his property in the Clermont
Industrial Park located on Mohawk Road.
.. M- N
CITY OF CI.ERMONT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
AUGUST 3, 1993
Page - 10 -
Mr. Harker further stated that the proposed request is in conformance with designations
of the adopted Future Land Use Map (commercial), Future Land Use District
Designation (NED-1 Non-Established District), and Zoning District classification (C-2
Highway Commercial) for the proposed use. The C-2 zoning district allows
manufacturing in a C-2 commercial district with a CUP, provided, such manufacturing
employs not more than five (5) persons and is incidental, complementary to and in
conjunction with a retail business or service.
Mr. Harker stated that based upon conformance with local regulations and historic
precedence of light manufacturing occurring within the proposed facility, Staff
recommends approval of the CUP with the fallowing 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. The property shall be developed in substantial accordance with an approved site
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 a development permit.
3. All applicable rules and regulation shall be met, including but not limited to final
site plan approval, landscaping, drainage, parking, sign regulations and all yard setbacks.
All required landscaping must be served with a low volume permanent irrigation system
including City approved and State mandated backflow prevention device and rain sensor
gauge. All landscaped areas must be properly maintained. The drainage and stormwater
retention requirements of the City and the appropriate regulatory agencies shall be met
and approved by the City Engineer. These areas shall be properly maintained.
4. The site shall be provided with a masonry dumpster enclosure with wooden gates
which shall be indicated on the approved site plan.
5. The manufacturing operation shall be permitted for a period of twelve (12)
months from the date of grant by the City Council.
6. There shall be' no outside storage or fabrication of materials or parts; all such
operations and storage shall be within the enclosed building.
7. Hours and days of operation for the manufacturing portion of the business shall
be from ?:00 a.m. to 8:00 p.m. Monday through Saturday.
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
AUGUST 3, 1993
Page - 11 -
8. No further expansion of the use or additions to the facility shall be permitted
except as approved by another Conditional Use Permit.
9. If at a future date parking at this site proves inadequate the applicant understands
and agrees the City Council may rescind this Conditional Use Permit by resolution.
10. This permit shall expire if the business has not begun operation within one (1)
year from the date of grant by the City Council.
11. If any of the stated conditions are violated, the applicant understands and agrees
the City Council may revoke this Conditional Use Permit by resolution.
Chairman Sargent stated that anyone wishing to speak in favor of, or in opposition to the
Conditional Use Permit should be sworn in. Mr. Rick McCoy, Project Engineer, of 721
West Avenue, Clermont and Nat Jackson, representative of the applicant, of 4025
Ponderosa, Orlando were sworn in by Planning Technician Mimi Shaw.
Mr. McCoy stated in reference to the portion of condition #3 which refers to stormwater
and drainage retention, no additional building will be constructed, therefore no
stormwater or drainage facilities should be required.
Mr. Harker noted that this was a standard condition and no drainage facilities would be
required unless more impervious surface was created, i.e. additional parking.
Chairman Sargent asked how much traffic would be generated by this use.
Mr. Nat Jackson stated that at this time there would only be three employees and
perhaps a small truck, not asemi-tractor, occasionally on Saturdays to pick up a car,
which would only be on the premises for 30 to 45 minutes.
Mr. McCoy, asked that condition #3 be revised to omit the portion stating "the drainage
and stormwater retention requirements of the City and the appropriate regulatory
agencies shall be met and approved by the City Engineer."
Mr. Harker stated perhaps this could be changed to state "the drainage and stormwater
retention requirements of the appropriate regulatory agencies shall be met". In doing so
the applicant will not have to comply with the stormwater requirements unless he is
mandated to do so by SJRWMD.
Mr. McCoy agreed with this change.
N ~
Cl7Y OF CLERMON7'
MINUTES
PLANNING AND ZONING COMMISSION MEETING
AUGUST 3, 1993
Page - 12 -
A motion was made by Jim Hoskinson to recommend approval of this request to the City
Council as presented by Staff with condition #3 being revised to state "the drainage and
stormwater retention requirements of the appropriate regulatory agencies shall be met".
Seconded by Joseph Wiebush and approved by a unanimous vote.
8. REQUEST FOR A CONDITIONAL USE PERMIT'
APPLICANT: John B. Garzia, Jr. for John J. Hurtak, Trustee
LOCATION: East Highway 50 -South Lake Plaza
REQUEST: A request for a Conditional Use Permit to amend Resolution No. 571 to
allow the construction of a 6,000 square foot retail building in the C-2
General Commercial Business District.
Chairman Sargent stated that as previously mentioned at the beginning of this meeting,
this request exceeds the F.A.R. of 18% allowed by the Citys Comprehensive Plan, in fact
the presents structures exceed this amount, however they are vested as they are already
in existence.
Mr. Harker explained that it was recently discovered that the existing shopping center
has a F.A.R, of 21.9%. If this proposed project were to be added to the center the
F.A.R. would be 23.9%. If the bank and the Kentucky Fried Chicken sites are added to
this the F.A.R. would be 21%, not including the proposed Hallmark store. The only way
to allow this project would be to amend the Citys Comprehensive Plan. Therefore, this
Commission can not act upon this request as it does not meet the requirements of the
City's Comprehensive Plan.
Mr. John Garzia, applicant, stated that as a small business owner, he is afraid the City is
approving to many large projects (i.e. the new shopping center by Quincys) way ahead of
what the City can economically support at this time. He had attended meetings with Mr.
Saunders and the Planning Director, and was aghast the issue came up after all this time.
Mr. Garzia stated that he would like to request that he be reimbursed for all costs he has
incurred for this project. Further stating that he does not feel confident in the numbers
that have been presented as far as the F.A.R. is concerned.
Further discussion followed regarding the Floor Area Ratio issue.
' ~ ,
C17Y OF CLERMOIV?'
MINUTES
PLANNING AND ZONING COMMISSION MEETING
AUGUST 3, 1993
' Page - 13 -
Chairman Sargent informed Mr. Garzia of the direction he should take in being
reimbursed for the expenses he has incurred.
There being no further business the meeting was adjourned.
r ~~ ~i
;; / John DIV.
~'
ATTEST:
M mi Shaw, Planning Technician