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HomeMy WebLinkAbout02-05-1985 MeetingCITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION February 5, 1985 This organizational meeting of the Planning and Zoning Commission of the City of Clermont was called to order at 7:30 p.m. on February 5, 1985 in the City Council Chambers by Chairman John N. Sargent. Members attending were Don Beal, Adelbert Evans, Debbie Gaines, Nick Jones, Buddy Rogers, John Sargent and Bob Thompson. Those absent and excused were Marie McKinney and James Shepherd. ~lso attending were City Manager George Forbes and Planning and Zoning Technician Marilyn George. Mr. Evans nominated John Sargent to serve as Chairman of the Commis- sion for 1985. The nomination was seconded by Mr. Beal. Mr. Thompson moved that nominations be closed. Mr. Sargent was unanimously elected Chairman. Mr. Thompson and Mrs. Gaines nominated Nick Jones to serve as Vice Chairman. Mr. Rogers moved that nominations be closed. Mr. Jones was unanimously elected Vice Chairman. REZONING REQUEST. Mr. Sargent introduced a request by Mary K. Black- burn to have Lots 7 and 8, Block "I" rezoned from R-1 Single Family Residential to R-2 Medium Density Residential. Mr. Forbes explained that both zoning classifications can be con- sidered to be medium density, and that the high school and East Lake serve as natural buffers for the property. He stated that nearby areas are already some R-2 zoning in the area. Ben Blackburn, the surveyor of the property, explained that Mrs. Blackburn plans for the property to be developed with duplex resi- dences, and that roads and a cul-de-sac will be built. Bruce Hatfield, who lives in the area, expressed concern that a large rental subdivision of low-cost housing would be detrimental to the neighborhood, and was assured by Mr. Blackburn that these would not be built as rentals. Ellen York, daughter of Mrs. Blackburn, stated that a nice subdivi- sion with a homeowners' association was planned. A brief discussion of "spot" zoning ensued. It was explained that the Subdivision Advisory Committee must approve the development, and would establish any necessary controls. A motion was made by Mr. Jones, seconded by Mr. Thompson and carried. by affirmative vote of six members THAT IT BE RECOMMENDED TO CITY OUNCIL TO APPROVE THE REZONING OF LOTS 7 AND 8, BLOCK "I" FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-2 MEDIUM DENSITY RESIDENTIAL. Mr. Evans voted "Nay with reservations" because he felt more information should be provided about how the property will be developed. REZONING REQUEST. Mr. Sargent introduced a request by William Misuraca to have the South 90 feet of Lots 14, 15 and 16, Block 73 rezoned from C-1 Light Commercial to C-2 General Commercial to allow him to establish a used car sales lot on the premises. Mr. Forbes explained that C-1 generally abuts residential districts. He pointed out that this particular parcel is too shallow for C-2 zoning and that C-1 is a compromise. He recommended that commission members consider the effect of rezoning on the neighborhood and also consider that C-2 zoning is logical for highway frontage. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION February 5, 1985 Page two Mr. Misuraca described his proposed use of the location as "a good clean operation with good clean cars." He stated that it would not be a noisy business and that he felt it would not be detrimental to the area. He pointed out that C-2 zoning exists across Seventh Street. His plans are to upgrade the existing building for an office. r. Sargent read letters from three owners of abutting property. The letters are attached to these minutes. Bill Clay, who lives on Seventh Street about a block and a half away, expressed concern that the intersection of Highway 50 and Seventh Street is potentially dangerous, and that parking would be a problem. Other residents who spoke against the request were Dan Michele, Robert and Martha Turley, Ruby Abel and William Burleigh. Their con- cerns were with parking, traffic, and the fact that there is another used car lot only two blocks away. Bill Delaney, Mr. Misuraca's real estate agent, stated that, of the sorts of businesses which might be built on this site, a used car lot is one of the least offensive in terms of traffic and customer park- ing. He emphasized that no new structure will be added if this re- zoning request is granted. Mr. Misuraca explained that vision is obscured by dead trees and shrubs at present and that he plans to make the property as attrac- tive as possible. Mr. Forbes, in answer to Mr. Sargent's question, stated that the setback from Highway 50 is 50 feet, from Seventh Street is 12 feet, and from the rear property line is 25 feet. He also stated that a variance would be required to allow the existing building to remain, and that the small amount of usable area on the site would be con- sidered a hardship so that a variance would probably be granted. Mr. Thompson did not join in the discussion because he represents the property owner to the east - a conflict of interest. Mr. Jones expressed the opinion that C-2 zoning in this location would be desirable, but unfair to adjacent property owners unless the entire block is rezoned. He stated that he would not support the rezoning of a small portion of the block. After a lengthy discussion, a motion was made by Mr. Evans and seconded by Mrs. Gaines THAT DENIAL OF THE REQUEST TO REZONE PORTIONS OF LOTS 14, 15 AND 16, BLOCK 73 BE RECOMMENDED TO CITY COUNCIL. oting was as follows: Mr. Thompson abstained; Mr. Rogers voted nay; Mr. Beal, Mr. Evans, Mrs. Gaines, Mr. Jones and Mr. Sargent voted aye. CONDITIONAL USE PERMIT. Mr. Sargent introduced a request for a Conditional Use Permit to allow construction of an 11,250 square foot steel building for storage and assembly of fire protection piping. An addition to an existing office building was also requested. Mr. Forbes explained that a similar request had been granted in 1983 but was allowed to expire. In the interim the applicants have pur- chased more land at the site and have determined that an office addition is necessary. The improvements are planned in phases over a 30-month period. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION February 5, 1985 Page three Benny Heath, Vice President of Lawson's Fire Protection Division, added that a temporary fabrication shed would be necessary while the existing one is razed, and that they would like the option of having a two-story addition in phase three. fter a very brief discussion, a motion was made by Mr. Jones, seconded by Mr. Evans and unanimously carried THAT IT BE RECOMMENDED TO CITY COUNCIL TO GRANT THE CONDITIONAL USE PERMIT FOR THE CONSTRUC- TION OF AN 11,250 SQUARE FOOT BUILDING AND AN ADDITION TO THE OFFICE BUILDING, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The property must be developed in substantial accordance with an approved site plan. 2. If, at a future date, parking at this site proves inadequate, the applicant understands and agrees that the City may require more parking or rescind this CUP. 3. No further expansion of the use or additions to this facility shall be permitted except as approved by another CUP. 4. All applicable rules and regulations shall be met, including final site plan approval, landscaping, drainage, parking, and sign regulations; and all yard setbacks, except for the office building setback in phase IIT as shown on the approved site plan. All required landscaping must be served with a permanent irrigation system and must be properly maintained. The drainage and stormwater retention requirements of the Lake County Pollu- tion Control Board and FAC 17-25 must be met, and approved by the City Engineer. These areas must be properly maintained. 5. Slats shall be woven through the chain link fence or buffer landscaping provided, with sprinkling system to maintain same, on the north, east and south property lines to buffer outdoor storage from public view and residential uses. 6. Construction of the warehouse and assembly building may be phased as shown on the approved site plan. Construction of Phase I must begin within twelve (12) months after the date of this CUP, and construction of Phases II and III within 30 months of the date of this CUP. All site improvement for the entire project must be completed prior to the issuance of any Certifi- cate of Occupancy. The two-story building shall be brought into compliance with the ~• Southern Standard Building Code and National Electrical Codes prior to occupancy or be razed. The temporary fabrication shelter must be razed within 30 days after a Certificate of Occupancy is issued for Phase I (the assembly building). 8. All storage of materials and equipment must be within completely enclosed building or screened from public view, in compliance with City Codes. 9. This property may be used only as Lawson Plumbing and related activities. This CUP is not transferable to any other business use, person or corporation. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION February 5, 1985 Page f our 10. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 11. This permit shall become null and void if construction has not begun within one year of the date of this CUP. 12. If any of the stated conditions is violated, the applicant under- stands and agrees that the City Council may revoke this CUP by resolution. J ~ , ~ \_. John N. Sargen Chairman ATTEST: Marilyn G. Geo .; j L r an ing and Technician FORM 4 MEMORANDUM OF VOTING CONFL{CT LAST NAME-FIRST NAME-MIDDLE NAME Robert D. Thompson THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE !S A UNIT OF: MAILING ADDRESS 1748 Bow!nan Street CITY COUNTY Clermont FL 32711 Lake WHICH VOTE OCCURRED bruary 5, 1985 {CITY O COUNTY O OTHER LOCAL AGENCY O STATE NAME OF POLITICAL SUBDIVISION OR STATE AGENCY City of Clermont NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Planning and Zoning Commission WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).) The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN I S DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on February 5 ~ Iq 85 , (a) I abstained from voting on a matter which (check one): x inured to my special private gain; or x inured to the special gain of Charles 5trebi by whom I am retained. M 4-REV. 10-84 PAGE 1