Loading...
06-05-2018 P & Z Minutes (Draft)City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 5, 2018 Page 1 The meeting of the Planning & Zoning Commission was called to order 5, June, 2018 at 6:30 p.m. by Chairman Cuqui Whitehead. Other members present were Herb Smith, Carol Thayer, David Colby, Julie Santos, Max Krzyminski and Tony Hubbard. Curt Henschel Planning Manager, John Kruse, Senior Planner, Regina McGruder, Senior Planner, Dan Mantzaris, Legal Counsel for the City, were also in attendance. MINUTES of Planning and Zoning Commission meeting held on May 1, 2018 were approved as written. REPORTS: Chairman Whitehead wished all men a Happy Father's Day. Wished Commissioner Santos early birthday wishes. Curt Henschel stated July 3, 2018 Planning & Zoning meeting be cancelled due to Holiday proximity. REQUEST: Item # 1: The applicant has requested a postponement to the August 7, 2018 meeting APPLICANT: 7Eleven Gas Station CUP Chairman Whitehead entertained motion for item 1 to be tabled to August 7, 2018. Commissioner Hubbard moves to approve the requested motion; it was seconded by Commissioner Smith. The vote was unanimous for approval. 7-0 REQUEST: Item # 2: Consider ordinance to amend a Planned Unit Development (PUD) for condominiums located northwest of the intersection of 1 Oth Street and Montrose. APPLICANT: Victory Pointe Condominiums Rezoning Acting Development Services Director, Curt Henschel, presented the staff report as follows: The Applicant, Victory Pointe LLC, has submitted an application for PUD amendment. On April 24, 2018 the Applicant, Victory Pointe LLC, received City Council approvals for the following: Ordinance to change the future land use from Medium Density Residential to Downtown Mixed Use for a parcel located northwest of the intersection of Montrose Street and 1 Oth Street. • Ordinance to rezone from Central Business District and R-3 Residential Professional to Planned Unit Development (PUD) for condominiums. The PUD land use and specific conditions provided the project to achieve a density of up to 25 units per acre within the project and (17) 17, single-family condominiums. After the approvals by council, staff discovered we made an error when calculating the overall acreage on the site. This left the site with an overall calculation of 16 units when the applicant was seeking a total of 17 units. The Applicant, has provided a survey demonstrating the site contains .649 acres. At 25 du/ac maximum, the density calculation for the site area can only support 16.225 dwelling units, which results in a 16-unit project. Since the LDC provides density bonus provisions to allow up to 40 du/ac, the applicant is applying to amend the PUD to allow for one additional unit for a total of 17 condominium units via the density bonus method. If approved, the resulting density would be 26.2 du/ac. The applicant has met the criteria for the Community benefit agreement to achieve the additional one additional unit (for a total of 17 units) Staff has reviewed the applicant's proposal for an amendment to the PUD and believes the proposed increase in density at this location is compatible with the existing residential and commercial uses in the downtown. Staff has reviewed and is in agreement, the project is in accordance with the vision of the Downtown and Waterfront Master Plan and meets the Comprehensive Plan. Therefore, staff recommends approval of Ordinance 2018-25 for PUD Amendment to be developed in substantial accordance with the conceptual plan prepared by Germana Engineering and Associates, LLC., dated 03/29/2018. Applicant Paul Gaynor, 1375 Briarhaven Lane, is present to answer any questions the public might have. Chairman Whitehead opened the floor to the public Resident, Dan Beckham, 411 W. Minnehaha Ave. Have property a 003 W. Montrose and just found out about the potential future land use. Would like information and what the project entails. Curious if the zoning change will affect the current property? Curt stated this is the only zoning change in this area. The request is to increase the density by one unit. Resident, Dan Beckham, states his property is near the construction site, and would like to know if his property would be affected. He requested more information on the project. Applicant, Paul Grainger stated that the only change tonight is a change in the unit density, and no further details could be provided. Dan Mantzaris, City Attorney, stated that there is no way to know what the actual impact, but he does know that there will be an increase in property value. Chairman Whitehead closed to public portion of the hearing, and returned it to the Board. Commissioner Max K. ask if any units would be occupied by the management company? Paul Grainger responded with a no. All condos will be independently owned. Commissioner Thayer needed clarification on the location of the site. Chairman states she is pleased this is finally going through. Chairman Whitehead entertained motion for item 2. Commissioner Smith moves to approve the requested motion; it was seconded by Commissioner Colby. The vote was unanimous for approval. 7-0 REQUEST: Item # 3: Consider a Conditional Use Permit for a carwash facility located in the C2 General Commercial zoning district on 1.63 acres located at the southeast corner of Oakley Seaver and SR 50. APPLICANT: King's Car Wash CUP Senior Planner, John Kruse, presented the staff report as follows: Requested Item # 3 be tabled to August 7, 2018 agenda. Chairman Whitehead entertained motion for item 3. Commissioner Colby moves to approve the requested motion; it was seconded by Commissioner Hubbard. The vote was unanimous for approval. 7-0 REQUEST: Item # 4: Consider request to amend Conditional Use Permit to allow for a medical and dental office uses for property located at 242244 E. Highland Avenue. APPLICANT: 242244 E. Highland Avenue Conditional Use Permit Senior Planner, Regina McGruder, presented the staff report as follows: The applicant, is requesting to amend a Conditional Use Permit to allow for a medical and dental office use in the R-3 Residential/Professional zoning district. The property is located at 242/244 East Highland Avenue. The Land Development Code, Section 122-184 (1) requires a Conditional Use Permit for medical and professional offices in the R-3 zoning district. The subject property was granted a Conditional Use Permit in 2002 (Resolution No 1268) to allow for a professional office use only; any other use, including medical or dental offices, does require another Conditional Use Permit. The proposed site as developed will not require any additional parking. The site is currently a professional office use; with an access point off East Highland Avenue. The medical and dental office use provides a minimum traffic impact because most medical offices usually only see patients with appointments. When evaluating a request for a Conditional Use Permit, the Land Development Code, Section 86-144 requires specific development standards be met for granting the request. Staff has reviewed the proposed development in accordance with the development standards and finds the proposed use does meet the general criteria for granting the requested Conditional Use Permit. Staff finds the following facts of compliance for the proposed request to amend the Conditional Use Permit to allow for a medical and dental office at this location. 1) The intensity and character of a medical and dental office use is consistent with the surrounding development patterns and the intent of the R-3 Residential/ Professional zoning district. 2) The proposed use of medical and dental office does not require additional parking per the Land Development Code, Section 98.14. 3) The proposed use of a medical or dental office will comply with the regulations and the conditions specified in the codes and will not be detrimental to the health, safety and general welfare of persons residing or working in the vicinity. The proposed request to amend the Conditional Use Permit to allow for a medical and dental office use does comply with the intent of the R-3 Residential/Professional zoning district at this location. Therefore, staff recommends approval of the request to amend the Conditional Use Permit to allow for a medical and dental office use with the conditions contained in Resolution No. 2018-15R. Applicant Paul Fallman, 1932 Brandley Circle, had no further comment. Was available on answer any questions. Chairman Whitehead opened the floor to the public. There was no one present to speak. Chairman Whitehead immediately closed to public portion of the hearing, and returned it to the Board. Chairman Whitehead entertained motion for item 4. Commissioner Hubbard moves to approve the requested motion; it was seconded by Commissioner Colby. The vote was unanimous for approval. 7-0 REQUEST: Item # 5: Consider Conditional Use Permit to allow for a tire store with eight bays in in the Planned Unit Development zoning district for property located at the southeast corner of Citrus Tower Blvd and US Highway 27. APPLICANT: Kings Crossing Tire Store Conditional Use Permit Senior Planner, Regina McGruder, presented the staff report as follows: The applicant, is requesting a Conditional Use Permit to allow a tire store with eight bays in the Planned Unit Development zoning district. The property was part of the Lost Lake DRI, it was later sold and rezoned to PUD; with C-1 Light Commercial uses. The Land Development Code, Section 122-204 (12) requires a Conditional Use Permit for any automotive and truck services business in the C-1 zoning district. The subject property is located at the southeast corner of US Highway 27 and Citrus Tower Boulevard. The applicant is proposing a 5, 400 square feet tire store with eight service bays. The project will provide an access point on US Highway 27. The applicant has identified one variance request to allow for a parking deficient of four spaces instead of the 38 spaces required by the Land Development Code, Section 98.14. When evaluating a request for a Conditional Use Permit, the Land Development Code, Section 86-144 requires specific development standards be met for granting the request. Staff has reviewed the proposed development in accordance with the development standards and finds the proposed use does not meet the general criteria for granting the requested Conditional Use Permit. Staff finds the following areas of concern for the proposed tire store with eight bays are: 1) the intensity and character of automotive sales and services establishments are a better fit in the C-2 General Commercial zoning district; the intent of the Code for C-1 Light Commercial zoning is for a less intense development such as office, retail and personal services. 2) The proposed development is not consistent and not compatible with the existing development pattern in the area and the intent of the C-1 zoning code, other approved development in the area include professional office, retail and a Dunkin Doughnuts, which are classified as less intense developments that are in character with the surrounding areas and neighborhoods. 3) The proposed landscaping does not provide adequate screening of the bay doors and any outside storage of tires and other aspects of the facility that may be undesirable to the public. The proposed use of automotive services will be out of character and does not comply with the intent of the C-1 Light Commercial zoning district at this location. Therefore, staff recommends denial of the request for a Conditional Use Permit for a tire store with eight bays in the PUD with C-1 Light Commercial zoning district. Jimmy Crawford, 1201 W. Hwy 50, who represents the applicant states he understands staff recommendations, but is slightly disappointed on the picking on giving them a negative staff recommendation. They state the staff stated their building will be unfavorable to its location. States their building could be buffered in all location. Staff stated it cannot recommend approval as they are unable to correctly screen the doors. He shows the City of Clermont, Resolution 2017. States the engineer is also present to answer any questions. Chairman Whitehead opened the floor to the public. There was no one present to speak. Chairman Whitehead immediately closed to public portion of the hearing, and returned it to the Board. Commissioner Krzyminski asked on the location of the bay doors. Josh Bradley, 15903 Better leaf Lane, Land O'Lakes, FL, answered Max's questions. Commissioner Krzyminski asked staff on the true concern on the bay doors due to its location being near residential. States automotive fits more in a C2 usage. States the current buildings such as the carwash and the gas station are in future potential change. Mr. Crawford states there is no residential properties around their future building. Questions the verbiage of the current C2 and C 1 location. Commissioner Hubbard believes this building could fit right in there. Commissioner Smith asked the zoning for the RaceTrac. It is a C2 with a CUP. As well as the future potential construction of a Sam's Club. He states the Sam's Club if built would have a tire shop as well. Commissioner Colby is asking if all work is done within the bay. Mr. Bradley verified that no work is done outside. He has no complaints on the 15 other locations that are open. Commissioner Thayer is asking if any tires are stored outside. Mr. Bradley confirms that no tires are stored outside. Commissioner Max asked if cars stay outside. Mr. Bradley stated all cars usually stay inside the Bay. Chairman Whitehead brought up the parking issues. Mr. Bradley stated they truly need 18 parking spaces. They are attempting to meet the minimum parking requirement. He states this is the highest parking spaces request. They are attempting to meet the minimum parking as well as maintaining the buffers. Chairman Whitehead entertained motion for item 5. Commissioner Hubbard moves to approve the requested motion; it was seconded by Commissioner Colby. 5-2 REQUEST: Item #6: Consider ordinance to change the future land use from Lake County Commercial and City of Clermont Residential/Office to City of Clermont Commercial for property located at SR 50 and Omar Street. Item # 7: Consider ordinance to change the zoning from Lake County Agriculture and City of Clermont R3 Residential/Professional to City of Clermont C2 General Commercial for property located at SR 50 and Omar Street. APPLICANT: Jordan Small Scale Comp Plan Amendment Jordan Rezoning Senior Planner, John Kruse, presented the staff report as follows: The applicant, Greg Beliveau with LPG Urban & Regional Land Planners, Inc., is requesting a small scale comprehensive plan amendment and a rezoning for the subject property. The property is located north and northwest of the intersection of SR 50 and Omar Street. The overall property is approximately 3.28 +/- acres in size. The applicant wishes to develop the property and use City services. The small scale comprehensive plan amendment would change the Future Land Use from Lake County's Commercial and the City's Residential/Office to the City's Commercial designation. The property fronts on a major six -lane arterial roadway encouraging commercial use and has existing commercial uses to the east and across SR 50 to the south. The Commercial designation is supported by the proximity of the property on SR 50 and the existing development pattern of comparable intensity in the area. In addition, the Commercial future land use would be comparable with Lake County's Commercial designation and most appropriate based upon the development pattern and location. The northern portion of the property is located in Lake County and is currently zoned Agriculture. The property east of Omar Street is currently being used for single-family residential use. The property to the west of these homes is currently vacant. Upon annexation, the zoning would default to Urban Estate. The southern portion of the property on the west side of Omar Street is currently in the City with a zoning designation of R-3 Residential/Professional. A small office is currently on this portion of the property along SR 50. The applicant is requesting a change to C-2 General Commercial. The owner is requesting to develop the property as a mixed -use commercial development with all permitted C-2 uses allowed. The concept site plan was only provided to ensure the parcel could accommodate future development. This was submitted as a "fit test" to show buildings and parking could be laid out within the site. Staff has reviewed the applicant's proposal and believes general commercial uses at this location is compatible with the uses in the area. Therefore, staff recommends approval of the small scale comprehensive plan amendment to change the future land use from Lake County Commercial and City Residential/Office to Commercial in the City and recommends approval of the request for a rezoning to C-2 General Commercial. Applicant Sheri Land, 1162 Camp Avenue, Mount Dora, FL is present to answer any questions. Chairman Whitehead opened the floor to the public. There was no one present to speak. Chairman Whitehead immediately closed to public portion of the hearing, and returned it to the Board. Commissioner Smith asked if there is an elevation change. John Kruse confirmed that elevation change, and only one retaining wall be necessary. States the applicant might have to return for future changes. Commissioner Krzyminski has concerns with potential residential noise, but no questions. Chairman Whitehead entertained motion for item 6. Commissioner K. moves to approve the requested motion; it was seconded by Commissioner Smith. The vote was unanimous for approval. 7-0 Chairman Whitehead entertained motion for item 7. Commissioner Santos moves to approve the requested motion; it was seconded by Commissioner Smith. The vote was unanimous for approval. 7-0 REQUEST: Item # 8: Curt has verbiage. APPLICANT: CBD Lot Size Changes Acting Development Services Director, Curt Henschel, presented the staff report as follows: Staff is recommending changes to the Land Development Code to allow an increase in the range of single family residential product types within the Central Business District zoning district. In October to 2017, the city council approved the increase of dwelling units per acre (up to 40). This increase is geared toward multi -family developments with multi story buildings. This current proposal is geared toward single family residential lots. The current city code requires single family lots to have a minimum lot width at the road frontage of 100 feet. In an effort to encourage more single family development within the down town district, staff is recommending reducing this frontage width requirement to 40 foot lots. This will allow for the redevelopment of existing lots to expand the residential product mix within the downtown. Resident, Jason Stringfellow, 1455 W. Lakeshore Drive, would like to make some suggestions on trying to encourage some single family detached homes downtown. He is attempting to encourage committee to think outside the CBD. He believes it is more desirable and simple and would highly increase the density in the future. Wants to encourage the city old feel by changing lots that are 100 feet deep making them 35 feet width. Dan Mantzaris states the details Mr. Stringfellow provided tonight would have to be brought up at a later date, but only the issue that is being presented tonight be address. Commissioner Santos is asking if this were to be approved, would there be a guarantee that no further duplexes be built. Curt Henschel answered by stating that this item is requesting single family homes. Curt Henschel states that the city's code is old, and they would like to change it a bit. They would like to have the option of building smaller homes in the downtown area and expanding as you go out. Chairman Whitehead is concerned about minimizing the space between each home. She is concerned that this code change would encourage future home builders to follow this code. Chairman Whitehead entertained motion for item 8. Commissioner Hubbard moves to approve the requested motion; it was seconded by Commissioner Colby. 4-3 Meeting adjourned at 7:44 p.m.