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12-06-2011 Regular Meeting City of Clermont MINUTES PLANNING AND ZONING COMMISSION DECEMBER 6, 2011 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday December 6, 2011 at 7:00 p.m. by Chair Cuqui Whitehead. Other members present were Robert Boyatt, William Henning, Nick Jones, Raymond Loyko and Judy Proli. Also in attendance were Curt Henschel, City Planner, Jim Hitt, Planning and Zoning Director, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held November 1, 2011 were approved as written. REPORTS Commissioner Proli stated that Lake County Commissioners unanimously reinstated the night time ambulance service at Fire station #3. Commissioner Jones stated that there is a Christmas concert coming up on Friday night in Mount Dora at the St. Patrick's Cathedral. Chairwoman Whitehead stated that the Taste of South Lake was absolutely marvelous. She stated that Light Up Clermont was one of the largest attended Light Up's and proud of Clermont making an effort. 1. REQUEST FOR CONDITIONAL USE PERMIT REQUESTED ACTION: Request for a CUP to allow a church facility in the C -2, General Commercial Zoning District. PROJECT NAME: Fountain of Hope Ministry OWNER: ERC Properties, Inc. APPLICANT: Abel Rivera / Fountain of Hope Ministry LOCATION: 349 North US Highway 27. FUTURE LAND USE: Commercial EXISTING LAND USE: Retail/ Office Building (4 Unit vacant building, approx. 5,000s.f.) EXISTING ZONING: C -2 General Commercial City planner Curt Henschel stated that the applicant is requesting a conditional use permit to operate a house of worship in the C -2 zoning district. Mr. Henschel stated that the applicant proposes to occupy approximately 1,500 square feet of vacant building space located across Highway 27 from the Citrus Tower Village Publix. He stated that the church intends to have 20 seats for Sunday service (1:00 to 3:00), and will hold a Wednesday and Friday evening bible study from 6:30 to 8:00. He stated that with the existing businesses operating at normal business hours, and the church operating at typical non - business hours, staff believes there will not be any parking issues on or off site. City of Clermont MINUTES PLANNING AND ZONING COMMISSION DECEMBER 6, 2011 Page 2 Mr. Henschel stated that staff recommends approval of the request for a Conditional Use Permit to allow a church facility on this C -2 (General Commercial) zoned parcel. Commissioner Loyko moved to recommend approval of the conditional use permit; seconded by Commissioner Proli. The vote was unanimous to recommend approval for the conditional use permit to City Council. 2. REQUEST FOR CONDITIONAL USE PERMIT PROJECT: T. D. Weaponry Gun Range REQUESTED ACTION: Request to amend the Conditional Use Permit (CUP) to include definitions and clarify uses for the Gun Range within the C -2 General Commercial District. APPLICANT /OWNER: Carol Heck LOCATION: West of Highway 27, south of Twisty Treat and North of Desoto St. FUTURE LAND USE: Commercial EXISTING LAND USE: Vacant Land EXISTING ZONING: C -2, General Commercial Planning Director Jim Hitt stated that the applicant is requesting only that definitions and uses be clarified for the gun range Conditional Use Permit which was previously approved in October 2010. He stated that this request is to include definitions for Fully Automatic and Semi - Automatic firearms. He stated that the applicant would like to include those firearms up to semi- automatic, but exclude fully automatic. He stated that the definitions for the type of firearms and uses at the gun range are: a. Autoloader shall be defined as: Any firearm that loads another bullet or cartridge from a magazine without the need to operate a bolt or other loading mechanism. b. Semi - automatic firearm shall be defined as: Any autoloader firearm that fires only one shot at each pull of the trigger. Single fire and Semi - automatic weapons may be discharged on the gun range. c. Fully automatic firearm shall be defined as. Any autoloader firearm that fires continual (two or more) shots when the trigger is pulled No fully- automatic weapons shall be discharged at this facility at anytime. Mr. Hitt stated that the applicant has worked with staff to address this clarification of the intended uses and the associated definitions and recommends approval of the amendment. Carol Heck, 13206 Via Roma Circle, stated that she was present to answer questions. City of Clermont MINUTES PLANNING AND ZONING COMMISSION DECEMBER 6, 2011 Page 3 David Boone, 11841 Grace's Way, stated that they are including the definitions, but also wants to change the wording so that they can work with the Clermont Police Department and the way it's worded now, they cannot do that. Edward Shelton, 722 E. Desoto St., stated that they tried to change the decision once to allow a gun range in the worst neighborhood in Clermont. Tim Kendrel stated that Ms. Heck is in agreement with the language being proposed for the Conditional Use Permit. Commissioner Loyko asked if there is a copy of the original staff report. Mr. Hitt stated that the staff report is the same thing as before but with Section 2, number 6 which is the definitions. Commissioner Proli stated that she is glad to see clarification on the type of weapons that are going to be allowed. Commissioner Jones gave condolences to Ms. Heck for the loss of her husband. Commissioner Henning asked if clients will bring their own guns or will there be guns at this location as well. Commissioner Whitehead stated that the clients will be allowed to bring their own guns however there will also be guns for sale at the location as well. She stated that she has problems with the location as she did previously. She stated that she hopes that the clientele coming and going will keep the guns safely secured. Commissioner Jones moved to recommend approval of the conditional use permit; seconded by Commissioner Boyette. The vote was unanimous to recommend approval for the conditional use permit to City Council. 3. REQUEST FOR LARGE -SCALE COMP PLAN AMENDMENT REQUEST: A large scale comprehensive plan amendment to change the future land use from Residential /Office to Office. PROJECT NAME: Hospital View — Phase 2 OWNER/APPLICANT: South Lake Hospital, Inc. — John Moore, CEO PARCEL SIZE: 17.44 acres +/- LOCATION: North of Oakley Seaver Dr. and east of Citrus Tower Blvd. FUTURE LAND USE: Vacant EXISTING LAND USE: UE Urban Estate Low Density Residential District City of Clermont MINUTES PLANNING AND ZONING COMMISSION DECEMBER 6, 2011 Page 4 City planner Curt Henschel stated that the applicant is requesting a land use amendment to go from Residential/Professional to Office on a 17 plus acre parcel north of Oakley Seaver Rd. He stated that this will permit the processing for another phase of hospital and medical associated uses in the future. Mr. Henschel stated that this request is being processed concurrently with a rezoning from UE Urban Estate to 0-1 Office zoning. She stated that these two changes are consistent with each other to allow for the proposed uses as originally outline in previous conditional use permits approved for the south and west properties. Mr. Henschel stated that re- platting will be required once more than two lots have been separated which is consistent with the Land Development Code. Mr. Henschel stated that this site is centrally located on Oakley Seaver Dr. and is consistent with the developments in the area. He stated that access to the site will be from internal driveways connecting to Oakley Seaver Dr. and a transportation impact analysis will have to be completed and approved in accordance with the City's Land Development Code as part of the site plan approval process. Mr. Henschel stated that the land use change to Office would be consistent with this request and the area as a whole. Mr. Henschel stated that there are no wetlands on the site. He stated that City water and sewer lines are adjacent to the property and adequate water and sewer capacity is available. He stated that water service would be provided by the City's East Side potable water system. The City's East Side Water Reclamation Facility will provide sewer service to the development. He stated that this site meets City standards for stormwater management. Mr. Henschel stated that access to the property is by Oakley Seaver Dr (collector drive). Mr. Henschel stated that staff recommends approval of the Future Land Use Map change to Office Land Use John Moore, 1984 Brantley Circle, stated that he was present to answer any questions. Commissioner Loyko stated that his concern is traffic because of the hill on that road. Mr. Moore stated that as the site grows and a traffic study is required, they will more than likely have to put in a traffic device. He stated that as the site is fully developed, Don Wickham Drive is planned to connect to Oakley Seaver Dr., so the traffic will be able to exit either to Citrus Tower Blvd. or Oakley Seaver Dr. City of Clermont MINUTES PLANNING AND ZONING COMMISSION DECEMBER 6, 2011 Page 5 Commissioner Proli agrees with the traffic issues in that area. She asked if there will be several medical building there. She asked that adequate parking being available as they proceed with this project. Mr. Moore stated that there is one tenant interested in this area along with the one facility that already exists, but eventually the plan is to have other facilities at this location. Commissioner Jones asked if the three lots west of the main entrance are still vacant. Mr. Moore stated that one lot is occupied, but two are still vacant. Commissioner Boyette asked what height restrictions are allowed in Office zoning. Mr. Henschel stated that code will allow a height of 55 feet which will allow a three story building. Commissioner Jones moved to recommend approval of the large -scale comprehensive plan amendment; seconded by Commissioner Proli. The vote was unanimous to recommend approval for the large -scale comprehensive plan amendment to City Council. 4. REQUEST FOR REZONING REQUEST: Rezoning: From UE Urban Estate Low Density Residential District to 0-1 Office District PROJECT NAME: Hospital View -Phase 2 OWNER: South Lake Hospital, Inc. — John Moore, CEO APPLICANT: Germana Engineering and Associates — Chris Germana, P.E. PARCEL SIZE: 17.44 acres +/- LOCATION: North of Oakley Seaver Dr. (& East of Citrus Tower Blvd.) FUTURE LAND USE: Residential /Office (applied for Office) EXISTING LAND USE: Vacant City planner Curt Henschel stated that the applicant is requesting to rezone this site from UE Urban Estate Low Density Residential District to 0-1 Office District in order to permit the processing for another phase of hospital and medical associated uses in the future. He stated that the remainder of the site will be developed in accordance with the Land Development Code. Mr. Henschel stated that this site is centrally located off Oakley Seaver Dr. and is consistent with the developments in the area. He stated that access to the site will be from internal driveways connecting to Oakley Seaver Dr. and a Transportation Impact Analysis will have to be completed and approved in accordance with the City's Land Development Code as part of the site plan approval process. City of Clermont MINUTES PLANNING AND ZONING COMMISSION DECEMBER 6, 2011 Page 6 Mr. Henschel stated that this request is being processed concurrently with a Comprehensive Plan amendment from Residential/Professional to Office. He stated that these two changes are consistent with each other to allow for the proposed uses as originally outline in previous Conditional Use Permit approved for the south and west properties. Mr. Henschel stated that re- platting will be required once more than two lots have been separated, which is consistent with the Land Development Code. Mr. Henschel stated that the rezoning to 0-1 Office would be consistent with this request and the area. Mr. Henschel stated that staff recommends approval of the rezoning request. Commissioner Jones moved to recommend approval of the rezoning; seconded by Commissioner Boyette. The vote was unanimous to recommend approval for the rezoning to City Council. There being no further business, the meeting was adjourned at 7:38 pm. /191/Jd'/ C Whitehead, Chairwoman ATTEST: Rae Chidlow — Administrative Assistant