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03-01-1994 Meetingn ~~ • CITY OF CLERMON7" MINUTES PLANNING AND ZONING COMMISSION MEETING MARCH 1, 1994 The meeting of the Planning & Zoning Commission was called to order Tuesday, March 1, 1994 at 7:00 P.M, by Chairman John Sargent. Members present were Joseph Janusiak, Joseph Wiebush, James Brown, Robert Smythe, David Duncan, Darryl Bishop and Marilyn George. Member Wendell McDannel was absent. Also attending were Lanny Harker Director of Planning and Mimi Shaw Planning Technician. MINUTES of the meeting held January 4, 1994 were approved as presented. ORGANIZATIONAL MEETING: Nominations for Chairman and Vice-Chairman Marilyn George nominated John Sargent for Chairman, seconded by Joseph Wiebush. There being no other nominations the nominations were closed. Mr. Sargent was unanimously elected Chairman. Robert Smythe nominated Marilyn George for Vice-Chairman, seconded by James Brown. Ms. George declined the nomination. Robert Smythe nominated 3oseph Wiebush for Vice-Chairman, seconded by James Brown. There being no other nominations the nominations were closed. Mr. Wiebush was unanimously elected Vice- Chairman. Chairman Sargent stated that, due to the lack of representation, at the present time, for the first two items on the agenda, the Commission would begin with item number 3 on the agenda and then address items 1 and 2 at the conclusion of the other scheduled agenda items. 3. REQUEST FOR .CONDITIONAL USE PERMIT APPLICANT: Lake Christian Fellowship OWNER: David Johnson LOCATION: 1705 South Grand Highway REQUEST: A request for a Conditional Use Permit to allow the operation of a church in the M-1 Industrial District. Mr. Harker explained that the applicant is requesting a Conditional Use Permit to convert an existing vacant industrial building located at 1705 South Grand Highway. Historically, the building has been used for various industrial uses and has previously been granted use as a temporary church location (Open Door Baptist Church). The applicant's submittal includes an explanation covering the need for a temporary location. • CITY OF CLERMONI' C7 MINUTES PLANNING AND ZONING COMMISSION MEETING MARCH 1, 1994 Page - 2 - Staff would recommend against any building conversion or modification that would increase the permanent nature of a church use, due to the existing location of the site in the City adopted and State approved commercial expansion area. However, since the proposed use is understood to be of a temporary nature and does not appear to have any direct adverse effect on the surrounding community, staff recommends approval subject to the following conditions in addition to the standard 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. The property may be used as a temporary Church facility only. No expansion of the use or additions to this facility shall be permitted except as approved by another Conditional Use Permit. 4. The structure is to be inspected by the Fire Marshall for life safety requirements, all requirements must be met prior to any certificate of occupancy being issued. 5. The structure is to be inspected by the County Building Inspector and all building code violations must be corrected prior to a certificate of occupancy being issued. 6. ~ Landscape buffers shall be installed according to City code which would include perimeter hedge (parking area screening) and tree (abutting yard and right-of- way) requirements, including a reliable source of irrigation to ensure vegetative buffer survival. 7. Required on-site parking spaces must be delineated in accordance with City standards (10' x 20' spaces). 8. The permittee shall agree to vacate the premises within ninety (90) days of formal notice by the City that a permanent business has been permitted for the area which would cause land use (business) conflict to occur between the temporary (church use) and permanent business operations of the area. Basis for this agreement shall be vested upon the applicants letter dated February 10; 1994 which formally states recognition of the potential business conflict and suggestion for this condition as a part of any approved Conditional Use Permit. • CITY OF CLF,RMONT MINUTES PLANNING AND ZONING COMMISSION MEETING MARCH 1, 1994 Page-3- 9. This permit shall become null and void if the church use has not begun within one (1) year from the date of formal grant by the City Council. 10. This Conditional Use Permit shall be valid for a period of twelve (12) months from the date of formal grant by the City Council. 11. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 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. 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 Richard Carlson of 694 Michigan, Groveland, Florida and Colburn Colyer of 1297 S. Kansas, Groveland, Florida. Rev. Carlson noted that condition #8 was suggested by them as they are in favor of the law that requires a distance of 500 feet between a church and any facility that sells alcoholic beverages. In reference to condition #6, due to the temporary nature of this project, we would like to be excused from the landscape requirements. A motion was made by Robert Smythe to recommend approval to the City Council as presented by staff with condition #6 being omitted, seconded by Joseph Wiebush, approved by a unanimous vote. 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Robert T. Kennedy, Jr. OWNER: Qadir B. Khan LOCATION: 850 East Montrose Street REQUEST: A request for a Conditional Use Permit to allow the operation of a dry cleaners/laundry in the C-2 Commercial District. Mr. Harker explained that at approximately 4:55 p.m. this date, Mr. Kennedy had phoned and asked that this request be tabled until the April 5, 1994 meeting. • • CITY OF CLF.RM01V7' MINUTES PLANNING AND ZONING COMMISSION MEETING MARCH 1, 1994 Page-4- A motion was made by Marilyn George to table this request until the April Sth meeting, seconded by Joseph Janusiak, approved by a unanimous vote. 1. REQUEST FOR REZONING APPLICANT: William H. Gibb, Jr., Trustee OWNER: William H. Gibb, Jr., Trustee LEGAL DESCRIPTION: Tracts 21 and 22, Lake Highlands Company, Sec. 20, Twnshp. 22, Rng. 26. GENERAL LOCATION: Property lying north of Jacks Lake Road and east of Grand Highway. REQUEST: A request for rezoning from RR (Residential District) to R-1 (Urban Residential District). Mr. Harker stated that in accordance with adopted 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. This is the current zoning district classification of the subject parcel along with a CUP for cattle grazing. The applicant and owner of this site are now requesting rezoning to R-1, Urban Residential District for the 20 +1- acre parcel. According to City Attorney determination, the existing CUP for cattle grazing will not be impacted until infrastructure placement is formally initiated via the City subdivision platting process. 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.). In addition to meeting required R-1 criteria, the applicant/owner has indicated all lots will provide a minimum eighty (80) feet of frontage along required roadways. Mr. Harker further stated that the City adopted and state approved Comprehensive Plan indicates this area for expansion in a residential pattern as evidenced by the UD-5 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. • CITY OF CLF.RMONT • MINUTES PLANNING AND ZONING COMMISSION MEETING MARCH 1, 1994 Page - 5 - Based upon the applicant/owners expressed intent to develop a single family subdivision and the demonstrated consistency with 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). Chairman Sargent read a letter received from Claude Smoak, adjoining property owner, stating that he had no objections to the rezoning. 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: Harry Morrison of 14348 Grand Highway, Clermont Mr. Morrison stated his concern regarding the growth of Clermont, the vacation of Jacks Lake Road and various other difficulties he saw with the proposed subdivision. Chairman Sargent apprised Mr. Morrison that the only issue that could be addressed by this Commission was the actual rezoning of the property, not the design of the proposed subdivision. A motion was made by Robert Smythe to recommend approval to the City Council, seconded by Joseph Janusiak, approved by a unanimous vote. 2. REQUEST FOR REZONING APPLICANT: Rick E. McCoy OWNER: Kathryn C. Ustler, Trustee LEGAL DESCRIPTION: Tracts 24, 25, 26, 27 and 28, Lake Highlands Company, Sec. 20, 'I~vnshp. 22, Rng. 26. GENERAL LOCATION: Property lying at the northeast corner of Grand Highway and Pitt Street. REQUEST: A request for rezoning from RR (Residential District) to R-1 (Urban Residential District). CITY OF CLERMON7' • MINUTES PLANNING AND ZONING COMMISSION MEETING MARCH 1, 1994 Page-b- Mr. Harker explained that this request is basically a repeat of the previous request. The applicant and owner of this site are requesting rezoning to R-1, Urban Residential District for the 54 +/- acre parcel described above. Current zoning district classification is Rural Residential (RR) along with a CUP for cattle grazing. According to City Attorney determination, the existing CUP for cattle grazing will not be impacted until infrastructure placement is formally initiated via the City subdivision platting process. The subject property is situated adjacent to the previous parcel discussed (William H. Gibb, Jr., Trustee) and fronts on both Grand Highway and Pitt Street. The applicant has expressed a desire to develop this area as part of the previously discussed single family subdivision meeting the R-1 zoning district criteria (i.e. 7,500 square foot lots, etc.). In addition to meeting required R-1 criteria, the applicant/owner has indicated all lots will provide a minimum eighty (80) feet of frontage along required roadways. The City adopted and state approved Comprehensive Plan indicates this area for expansion in a residential pattern as evidenced by the UD-5 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. Based upon the applicantiowners expressed intent to develop a single family subdivision and the demonstrated consistency with 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). 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: William Carrier of 13000 Jacks Lake Road, Clermont Rick McCoy, representative of the applicant, of X21 West Avenue, Clermont Mark Swanson of 14446 Grand Highway, Clermont Sam Wheeler of 14440 Clerando Drive, Clermont Roy Caughell of 14426 Clerando Drive, Clermont Mr. McCoy noted that the plans for the subdivision are only preliminary drawings at this time. Mr. McCoy further stated that the proposed R-1 zoning is in compliance-with the • Cl7Y OF CI.ERMON7" MINUTES PLANNING AND ZONING COMMISSION MEETING MARCH 1, 1994 Page-7- Future Land Use designation for the area and that according to the Land Use District for this area, the property abutting Grand Highway could actually be developed at a density of eight (8) units to the acre. Mr. William Carrier, resident of Jacks Lake Road, stated his concern with the closing of Jacks Lake Road. Chairman Sargent once again stated that the only issue tonight is the rezoning, not the placement of roads, lots, etc. Robert Smythe explained that the road would be relocated. Mr. Roy Caughell asked the difference between RR and R-1 zoning districts. Mr. Harker explained that the basic difference was that RR requires a lot size of 1 acre with 100 feet of road frontage and minimum living area of 1,200 square feet, whereas R- 1requires aminimum lot size of 7,500 square feet with 75 foot wide lots and a minimum living area of 1,000 square feet. Mr. Caughell asked if this area should be this dense. Mr. Harker noted that the Future Land Use District designation for this area (UD-5) is four (4) units per acre. Further discussion followed regarding the proposed change in density for this area. A motion was made by Marilyn George to recommend approval to the City Council, seconded by Darryl Bishop, approved by a unanimous vote. There being no further business the meeting was adjourned. _~ , ~.~ ~ ~,, John argent, Chair ATTEST: Mi i Shaw, Planning Technician