01-04-1994 Meeting~ •
CITY OF CLERMON7"
MINUTES
PLANNING AND ZONING COMMISSION MEETING
JANUARY 4, 1994
The meeting of the Planning & Zoning Commission was called to order Tuesday, January
4, 1994 at 7:00 P.M. by Chairman John Sargent. Members present were Jim Hoskinson,
Joseph Janusiak, Joseph Wiebush, Wendell McDannel, James Brown and Marilyn
George. Members absent were Bonnie Kranz and Don Smith. Also attending were
Lanny Harker Director of Planning and Mimi Shaw Planning Technician.
MINUTES of the meeting held December 7, 1993 were approved as presented.
1. REQUEST FOR REZONING
APPLICANT: Dennis K. Benbow
OWNER: Beatrice Ettinger, Et AI
LEGAL DESCRIPTION: Tracts 53A, 53B, 54A, 54B, 59 and 60 Lake Highlands Co.,
Section 29, Township 22, Range 26 and Tract 5, Lake Highlands Co., Section 32,
Township 22, Range 26.
GENERAL LOCATION: Property lying east of US Highway 27, north and south of
Steve's Road.
REQUEST: A request for rezoning from RR (Residential District) to R-1 {Urban
Residential District).
Mr. Harker stated that in accordance with current City regulation all properties annexed
into the City of Clermont automatically receive designation as Rural Residential District
(RR) upon formal approval for annexation by City Council. The applicant and owner of
this site are requesting rezoning to R-1, Urban Residential District for the 52 +/- acre
parcel described above.
Mr. Harker further noted that the subject property is situated at the southeast corner of
U.S. 27 and Steve's Road, adjacent to the existing City boundary surrounding Wilma
Lake. The applicant has expressed a desire to develop a single family subdivision
meeting the R-1 zoning district criteria (i.e. 7,500 square foot lots, etc.) The City
adopted and state approved Comprehensive Plan indicates this area for expansion in a
residential pattern as evidenced by the UD-10 Future Land Use Map category which
recommends development of detached single family units. Therefore, rezoning to R-1,
Urban Residential District, would be in conformance with approved directives for future
City growth and development.
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Based upon the City adopted and state approved Comprehensive Plan, Staff recommends
approval of the rezoning from RR (Rural Residential District) to R-1 (Urban Residential
District) subject to formal action of the City Council for the requested annexation.
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 Dennis Benbow, 324 Interlachen Avenue, Winter Park, Florida.
Member Jim Hoskinson asked if improvements would be made to Steve's Road.
Mr. Benbow stated that Steve's Road would be paved.
A motion was made by Jim Hoskinson to recommend approval to the City Council as
presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote.
2. REQUEST FOR REZONING
APPLICANT: Thompson/Homan Investment Group
OWNER: Osceola Financial Corporation
LEGAL DESCRIPTION: Lots 1, 2, 3 and 4, Lakeview Heights Subdivision
GENERAL LOCATION: Approximately 150' north of the intersection of Grand Highway
and SR 50, on the west side of Grand Highway.
REQUEST: A request for rezoning from R-2 (Medium Density Residential District) to
R-3-A (Residential/Professional District).
Mr. Harker informed the Commission that the applicant is requesting rezoning from R-2
to R-3-A to facilitate proposed professional office use in this area. The request made by
the applicant is the minimum classification necessary to facilitate operation of
professional office uses which may not occur in R-2 zoning districts of the City.
The requested R-3-A zoning is consistent with both Future Land Use District
designations (UD-2 and UD-5) which would permit residential/professional office uses
and is compatible with Future Land Use Map directives which indicate
commerciaUprofessional office use development to the south, east and west, and
CITY OF CLERMONT
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residential/professional uses to the north. In order to eliminate potential confusion
concerning the parcels in question, it should be clarified that lot #1 lies in the UD-2
Future Land Use District designation and lots #2, #3, and #4 lie in the UD-5 district.
Surrounding zoning of the area is R-2 and C-2 to the west, C-2 to-the south and east,
and R-2 to the north.
Therefore, based upon the above information and criteria and demonstrated compliance
with Future Land Use directives for the area, Staff recommends approval of this request
for rezoning from R-2 to R-3-A.
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 Greg Homan, 20570 Sugarloaf Mountain Road, Clermont,
Florida.
Mr. Homan explained that they do hope to purchase lots 5 and 6, which would extend to
Almond Street.
Mr. Harker noted that the Future Land Use Map does designate all of the Lakeview
Heights Subdivision to be Residential/Professional Office area.
A motion was made by Marilyn George to recommend approval to the City Council as
presented by staff, seconded by James Brown, approved by a unanimous vote.
3. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Thompson/Homan Investment Group
OWNER: Osceola Financial Corporation
LEGAL DESCRIPTION: Lots 1, 2, 3 and 4, Lakeview Heights Subdivision
GENERAL LOCATION: Approximately 150' north of the intersection of Grand Highway
and SR 50, on the west side of Grand Highway.
REQUEST: A request for a Conditional Use Permit to allow the construction of a
professional office in the R-3-A Residential/Professional District.
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Mr. Harker stated that the applicant is requesting a Conditional Use Permit to construct
a professional office building in the R-3-A Residential/Professional District. The
structure would be comprised of two (2) stories with a bank facility located on the lower
level and real estate offices being located on the second. The site is located on the west
side of Grand Highway, approximately 150' north of S.R. 50. The Future Land Use
District designations are UD-2 and UD-5 which allow retail sales and business, and
professional offices, respectively. The proposed request is also consistent with directives
of the Future Land Use Map and Zoning District designation which permit quasi-
commercial oriented uses.
The surrounding land uses include retail, professional office and commercial to the south,
residential to the north and west and commercial to the east.
The site plan included in the information packets indicates the office structure located
adjacent to the existing professional office use and vacant property awaiting future
commercial development. The parking, stormwater and required buffer areas have been
placed adjacent to the existing residential properties to afford some open space and
buffering from the residential uses.
It should also be noted that lot #1 lies within the UD-2 Future Land Use district which
could potentially allow development of some form of high intensity commercial use which
would not have to proceed through the Conditional Use Permit process for approval.
The proposed action is in essence a cooperative effort to provide a form of less intensive
land use in a demonstrated transitional area of the City.
Therefore, staff recommends approval of the CUP with 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. 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 regulations shall be met, including but not limited to, final
site plan approval, landscaping, drainage, parking and 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 back-
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flow prevention device. If an automatic irrigation system is utilized a City
approved and State mandated rain sensor gauge shall be installed. All landscape
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. Prior to formal application fora "development permit" the applicant shall dedicate
to the City a ten (10) foot wide right-of-way, the length of the subject property
along Grand Highway, to meet compliance with collector road status of the
adopted Comprehensive Plan.
5. The applicant shall construct a right turn lane along Grand Highway, including
necessary appurtenant roadway and intersection improvements to S.R. 50,
accel/decel lanes, and ingress/egress drives as approved by the City Site Review
Committee. The appropriate FDOT and Lake County permits shall be obtained
and filed with the City prior to issuance of a development permit for the project.
6. At such time as a traffic light is warranted at the intersection of S.R. 50 and
Grand Highway, the applicant shall pay a pro rata share of costs, based on traffic
counts, for implementation of the required improvement in conformance with
Transportation Element directives of the Comprehensive Plan.
7. The site shall be provided with a masonry dumpster enclosure with wooden gates
which shall be indicated on the approved site plan.
8. The permittee shall provide a sidewalk constructed in accordance with City
standards along Grand Highway the length of the subject property.
9. All lighting for the proposed facility shall be designed and located such that light
and/or glare shall be directed upon the subject property only.
10. No further expansion of the use or additions to the facility shall be permitted
except as approved by another Conditional Use Permit.
11. This permit shall become null and void if substantial construction work has not
begun within one (1) year of the date of issuance of this Conditional Use Permit.
"Substantial construction work" means the commencement and continuous
prosecution of construction of required improvements ultimately finalized at
completion.
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12. The final Certificate of Occupancy shall not be issued until each of the stated
conditions has been met.
13. 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.
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 Greg Homan of 20570 Sugarloaf Mountain Road, Clermont,
Florida.
Mr. Homan asked the Commission for their support on changing condition #10. Mr.
Homan explained that the Comprehensive plan currently only allows a floor area ratio of
18%, however, City Staff does recognize that this is very restrictive, and this will
hopefully be changed in the near future. We would therefore like to request that
condition #10 be changed so that a revision of the Conditional Use Permit would not be
necessary when we expand the building.
Mr. Harker explained that this is a standard condition of a CUP. This is a requirement
of a CUP due to the fact that a use that seems appropriate for a particular area now,
might not seem appropriate in the next five years, because of it's uniqueness it may or
may not flit in. The impacts on the infrastructure in this area may be different in years to
come and it might not be feasible at the time to expand the structure.
Mr. Homan further reiterated his desires to have condition #10 changed.
Further discussion followed regarding the changing of condition #10.
A motion was made by Wendell McDannel to recommend approval to the City Council
as presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote.
Member Jim Hoskinson noticed those present that, due to the fact that he will be
moving outside of the City limits, he will be resigning from the Planning and Zoning
Commission effective immediately.
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CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION MEETING
JANUARY 4, 1994
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There being no further business the meeting was adjourned.
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,' John N. argent, Chairm n
ATTEST:
Mim Shaw, Planning Technician