01-05-2016 P&Z Minutes City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
January 5, 2016
Page 1
The meeting of the Planning& Zoning Commission was called to order Tuesday January 5, 2016
at 6 30 p m by Chairman Nick Jones Other members present were Herb Smith, Judy Proli,Tony
Hubbard, and Cuqui,Whitehead Also in attendance were Barbara Hollerand, Development
Services Director, Curt Henschel, Planning Manager, John Kruse, Senior Planner, Dan
Mantzans, City Attorney, and Rae Chidlow, Planning Specialist
MINUTES of the Planning and Zoning Commission meeting held November 3, 2015 were
approved as written
REPORTS
Chairman Jones stated that the Florida Lakes Symphony Orchestra will be playing at the First
United Methodist Church on January 15, 2016
Vice-Chair Whitehead reminded everyone that this is the first Friday coming up with Music on
Montrose along with the food trucks
1. REQUEST FOR REZONING
REQUEST: To change the zoning from R-1 Single-family Medium Density Residential to C-1
Light Commercial for property located at the southeast corner of Citrus Tower Blvd and S
Highway 27
APPLICANT: Randy Langley
Planning Manager Henschel presented the staff report as follows
The owner is requesting a rezoning from R-1 Single-family Medium Density Residential district
to C-1 Light Commercial zoning district The property has 6 55 acres of upland developable
property and is located at the southeast corner of Highway 27 and Citrus Tower Blvd
The parcel has a future land use of Commercial which is compatible with the proposed C-1 Light
Commercial zoning district
Currently, the owner does not have a site plan ready for review, but does anticipate retail and
restaurant uses for the parcel
With the commercial future land use and the location of the parcel on Highway 27, staff
recommends approval of the rezoning from R-1 Single-family Residential to C-1 Light
Commercial
Randy Langley, 725 Norton St , Longboat Key, stated that he was here to answer any questions
Commissioner Proli asked if a gas station was planned for this site
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PLANNING AND ZONING COMMISSION
January 5, 2016
Page 2
Mr Langley stated that all rights for gas stations were given up when the Racetrac was sold
Commissioner Smith asked if there will be an entrance off of Highway 27
Mr Langley stated that they have previously had two conditional use permits on this property
and they were approved with a right-in and nght-out
Commissioner Whitehead moved to recommend approval of the rezoning, seconded by
Commissioner Smith The vote was unanimous to recommend approval
2. REQUEST FOR REZONING
REQUEST: To change the zoning from UE Urban Estate to Planned Unit Development for the
Hartle Grove multi-family parcel
APPLICANT: Staff
Senior Planner Kruse presented the staff report as follows
This administrative request is being heard concurrently with a request for annexation The city is
requesting annexation of the subject parcel as authorized by the utility agreement with the
property owner The agreement with the city was executed on September 16, 2011 The property
is vacant and is under consideration for development
The property is approximately 25 acres and had entitlements granted by Lake County for a
multifamily project Only a portion of the original Planned Unit Development will be annexed
and rezoned at this time and the remaining portion, approximately 44 acres, will be annexed and
rezoned at a future date A related administrative comprehensive plan amendment request also
will be processed at a future date
The rezoning request is to change the zoning from Urban Estate (was Planned Unit Development
in Lake County) to the city's Planned Unit Development zoning classification The project
received entitlements through Lake County with approval of Ordinance No 2011-50 This
permitted up to 103 single family homes, 380 multifamily units, and commercial uses on 69
acres The single family portion and a majority of the commercial have been developed The
multifamily project will be developed according to the conditions in the existing Planned Unit
Development that have been carried forth to the city's Planned Unit Development with a few
minor additions Staff has met with the property owner on the proposed multifamily project and
has provided comments to the developer through the site review process
Based upon the above information, staff recommends approval of the rezoning from Urban
Estate to the City's Planned Unit Development zoning classification with the conditions outlined
in Planned,Unit Development Ordinance 2016-03
Emery Rosenbluth, Broad & Cassel P A , Orlando, attorney representing the property owner
BFG Lakeshore, LTD, stated that BFG feels that this hearing should not proceed this evening
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MINUTES
PLANNING AND ZONING COMMISSION
January 5, 2016
Page 3
due to the property not being within the city's jurisdiction He stated that BFG has not had
sufficient time to prepare a presentation due to insufficient notice for the hearing and required
information necessary for a response from BFG He requested to defer this hearing for 30 days
City attorney Mantzans stated that there is a utility agreement between the property owner and
the city that states the city can annex the property He stated that this commission does not hear
annexations, however the city has traditionally processed the zoning and land use applications at
the same time as the annexation which requires it to come before the commission pnor to
annexation He stated that the city's planned unit development allows the identical entitlements
as the county's planned unit development He stated that the city agreed that the owner can
develop the property with a multifamily use back in 2011
Mr Rosenbluth stated that the property is not in the city's jurisdiction so the rezoning should not
be heard
Commissioner Whitehead stated that the rezoning is being heard concurrently with the
annexation She stated that this commission does not make the final approval, only a
recommendation
Mr Mantzans stated that the reason local government does the procedures like they do is to
allow the property owner to know what the zoning will be prior to annexing into the city
Tom Lawler, 9 Pine St Windermere, stated that he is the potential new owner of the property
He wanted clarification on the entitlements because Mr Mantzans stated that the entitlements
are the same, however Mr Kruse stated that there will be minor modifications He stated that he
is concerned that the property will not have the multi-family use should the property deal fall
through
Chairman Jones asked staff to elaborate on the differences between the planned unit
developments
Mr Kruse stated that the date on Exhibit A in the City's planned unit development was
December18, 2015 He stated that on the county's planned unit development it allows for a trash
compacter, however the city's code says for every 25 units it requires a dumpster which was
added as a condition He stated that the project is gated and by city code it has to have approval
so the condition was added to allow for a gated community He stated that the parking was
modified and the maximum building height was not clear in the county's planned unit
development, however it has been included in the city's planned unit development
Mr Lawler stated that he approves of the comments that the city has added to the planned unit
development
James Fant, BFG Lakeshore, LTD, stated that he is the owner of the property and that Mr
Lawler is the potential new owner who submitted the proposed site plan He stated that as the
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
January 5, 2016
Page 4
owner of the property, if the property is annexed in and approved with Mr Lawler's site plan but
the sale falls through, he will lose his ability to do townhomes which is included in the county's
planned unit development He stated that he does understand that he did sign the utility
agreement that states the city has the nght to annex the property He stated that this is the wrong
time to annex
Commissioner Whitehead moved to recommend approval of the rezoning, seconded by
Commissioner Hubbard The vote was unanimous to recommend approval
3. REQUEST FOR LDC AMENDMENT
REQUEST: To amend Chapter 62, Section 62-39 Parking for Certain Purposes
APPLICANT: City Staff
Senior Planner Kruse presented the staff report as follows
This land development code amendment to Section 62-39 Parking for Certain Purposes, includes
a minor amendment to Article II, Section 62-39 (2) which clanfies that parking regulations must
be adhered to
Upon annexation of the remaining portion of SR 50 from the South Greater Hills Blvd to the
Lake/Orange County line, parking on the nght-of-way would not be permitted and vanous
businesses will all have to comply with applicable laws,both local and state
Commissioner Whitehead moved to recommend approval of the land development code
amendment, seconded by Commissioner Proli The vote was unanimous to recommend approval
Commissioner Hubbard nominated Commissioner Jones as Chairman, seconded by
Commissioner Proli The vote was unanimous to accept Commissioner Jones as Chairman
Commissioner Proli nominated Commissioner Whitehead as Vice-Chair, seconded by
Commissioner Smith The vote was unanimous to accept Commissioner Whitehead as Vice-
Chair
There being no further business, the meeting was adjourned at 7 24 pm
J%nes, Apf
'
ATTEST
1
ALA
Rae Chidlow—Planning Specialist