04-03-2007 Regular MeetingCity of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
April 3, 2007
Page 1
The meeting of the Planning & Zoning Commission was called to order Tuesday April 3, 2007 at
7:00 p.m. by Chairman David Pape. Members present were Bill Banzhaf, Nick Jones, Sy
Holzman, Gail Ash, Robert Boyatt, Cuqui Whitehead and Elwood Treadwell. Not present was
David Outlaw. Also in attendance were Curt Henschel, Planner, Emily Stallings, Planner, Daniel
Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant.
MINUTES of the Planning and Zoning Commission meeting held March 6, 2007 were approved
as written.
REPORTS
There were no reports.
1. REQUEST FOR CONDITIONAL USE PERMIT
PROJECT NAME: Super Kids Learning Center
OWNER: Clermont Hillside Terrace, LLC
APPLICANT: Marcia Huerta
REQUESTED ACTION: Request to amend Resolution No. 1472 to allow a child care
center.
EXISTING ZONING: C-2 (General Commercial) / PUD
LOCATION: 2400 S. Highway 27
EXISTING LAND USE: Clermont Hillside Terrace
FUTURE LAND USE DISTRICT: Undeveloped District 8 (UD-8)
FUTURE LAND USE CLASSIFICATION: Commercial District
Emily Stallings stated the applicant is requesting one amendment to Resolution No. 1472 of their
conditional use permit, which was executed in March 2006. This request is to include one
additional use to Section 2 -Land Use, number 1 to include a child care center. Uses already
listed include the following: residential, professional office, personal service, lounge, medical
office, financial institution, and restaurant.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
April 3, 2007
Page 2
The applicant proposes to occupy 1,070 square feet of building space available within Unit 4109
in the Clermont Hillside Terrace commercial center. The applicant is seeking the capability to
care for children ages three to nine for a maximum of 90 minutes while parents utilize services
within the Clermont Hillside Terrace commercial center. A staff of two attendants will be
available for supervision.
Staff recommends ~proval of the request for an amendment to CUP Resolution No. 1472 to
allow a child care center.
Meeting Discussion:
Marcia Huerta, 15339 Ponce de Leon Lane, Clermont, stated she did not speak English too well
but she would answer any questions the best she could. (Translated by Commissioner
Whitehead) Ms. Huerta stated it is going to be a convenience for the parents while they utilize
the shopping center.
Commissioner Whitehead asked what would be the maximum number of children occupying the
facility at one time.
Ms. Huerta stated there would be no more than thirty children at one time.
Chairman Pape asked if anyone in the audience had any comments or questions pertaining to this
application.
Commissioner Banzhaf asked about the previous CUP application that Ms. Huerta submitted for
the child care center that was to be located at the Clermont Commons.
Ms. Huerta stated the owner of Clermont Commons did not want to lease to her after she had
been approved for the previous CUP.
Commissioner Ash asked about hours of operation for the facility.
Ms. Huerta stated the hours of operation would be from 11 a.m. to 7 or 8 p.m.
Commissioner Ash asked about the playground. She expressed concern about all the items that
will be in a small place. She asked what type of equipment she will have for the children to use.
Ms. Huerta stated there will be a playground, tables for activities, computers, a climbing wall
and TV. She stated she would have to divide a section off for parties for the kids.
Commissioner Ash stated that according to Ms. Huerta's drawing, she does not see where there
would be a kitchen facility for the kids' parties.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
April 3, 2007
Page 3
Ms. Huerta stated she drew the drawing from her computer. She says once her CUP is approved
then she would talk to the architect to draw out her layout.
Commissioner Jones asked that if this is a build out, are there any variances.
Mr. Henschel stated Ms. Huerta is not applying for a variance, she is just asking for an added use
for that property.
Commissioner Holzman asked where the public notice signs were for the applicant.
Mr. Henschel stated the signs might have been removed because the signs do tend to be taken
from areas for unknown reasons.
Commissioner Ash commented it would be hard to see from her drawing-and not a scaled
drawing-how a playground, climbing wall, TV, videos, tables and kitchen. How will all fit in
this small space.
Commissioner Jones stated those items will be determined at site review.
Chairman Pape stated he is -sure staff will take a look at the scaled drawing.
Commissioner Jones asked if this is a licensed daycare.
Chairman Pape stated yes it is a licensed daycare.
Commissioner Banzhaf moved to approve the request as presented, seconded by Commissioner
Whitehead. The vote was unanimous to recommend for approval to City Council.
2. REQUEST FOR CONDITIONAL USE PERMIT
PROJECT NAME: Gonzalez Office Building
OWNER/APPLICANT: Gonzalez Holding, LLC
REQUESTED ACTION: Request for a conditional use permit for a building to exceed
20,000 square feet within the C-2 zoning district.
EXISTING ZONING: C-2 (General Commercial District)
LOCATION: East of U.S. 27, south of the Citrus Tower (east of the House of
Presidents)
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
April 3, 2007
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EXISTING LAND USE: Motel 8 (closed)
FUTURE LAND USE DISTRICT: Un-Established District 5 (UD-5)
FUTURE LAND USE CLASSIFICATION: Commercial District
Curt Henschel stated the applicant is requesting a conditional use permit to construct a 24,166
square foot professional office building. The site currently has an abandoned building formerly
operated as the Motel 8. The existing motel building would be leveled in order to make way for
the new 3 story building and parking lot.
The applicant will also be requesting two variances to develop the site.
• For a building to exceed an overall height of 45 feet
• For sloped landscape buffers.
Staff recommends APPROVAL of the request for a CUP to allow a professional office with over
20,000 square feet within the C-2 General Commercial Zoning District.
Meeting Discussion:
John Nehmatellah, 1743 Park Center Dr. Orlando, stated he was here to answer any questions.
Chairman Pape asked if anyone in the audience had any comments or questions pertaining to this
application.
Commissioner Boyatt asked why the height requirement is going to be fifty five feet.
Mr. Nehmatellah stated they are going to have to put the water tanks on the roof. The height is
to conceal the condensers and equipment.
Chairman Pape asked how tall the parapit walls are going to be.
Mr. Nehmatellah stated they probably would be approximately ten feet.
Commissioner Ash stated that it seems to her the building is too big for this lot. She asked if
they considered looking at other designs that are smaller.
Mr. Nehmatellah stated they looked at different designs. They are trying to maximize the
benefits of the consumer and the client. They did have a larger size that was 28,000 square feet.
City of Clermont
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PLANNING AND ZONING COMMISSION
April 3, 2007
Page 5
Commissioner Ash stated that with so many limitations to the site, she is surprised he is using it.
They are violating the City's regulations in order to use the site to their best advantage. She
stated they are trying to keep the City nice by keeping their regulations.
Mr. Nehmatellah stated this is one of the highest sites in Clermont. One of the highest points we
have is the Citrus Tower. We also have another building directly behind this site which is the
medical plaza. Given the proximity of the medical plaza and the Citrus Tower, Mr. Nehmatellah
stated he believes his building height would not seem out of scale with surrounding buildings.
Commissioner Banzhaf stated he agrees with Mr. Nehmatellah. Due to the location and the
height of the other buildings around him the extra ten or twenty feet would not be a terrible eye
sore.
Commissioner Ash. asked about Mr. Nehmatellah mentioning putting water tanks on the roof.
Mr. Nehmatellah stated it is because of the water pressure issue in that part of the City that he
would probably have to put water tanks on the roof.
Commissioner Ash asked Mr. Henschel if he found out what the height of the medical building
was.
Mr. Henschel stated he did not find out the actual height but did determine that there was no
variance for the medical building or bank so they were within the City's height code.
Commissioner Holzman asked if there was a variance for an interior height change.
Mr. Nehmatellah stated there is a variance requesting a little additional interior height.
Commissioner Whitehead moved to approve the request as presented, seconded by
Commissioner Banzhaf. The vote was 6-2 to recommend for approval to City Council.
Opposing were Commissioners Ash and Boyatt.
3. REQUEST FOR CONDITIONAL USE PERMIT
PROJECT NAME: Brickhouse Restaurant & Pub
OWNER: Mike French
APPLICANT: DeMar Ventures, LLC & Debra Lacek (by Bret Jones, attorney)
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
April 3, 2007
Page 6
REQUESTED ACTION: Request a Conditional Use Permit to allow a Restaurant & Pub
within the Central Business Zoning District.
LOCATION: 794 W. Minneola Ave.
EXISTING ZONING: CBD (Central Business District)
EXISTING LAND USE: Vacant
FUTURE LAND USE DISTRICT: Establish Business District I - (EBD)
FUTURE LAND USE CLASSIFICATION: Central Business District - (CBD)
Curt Henschel stated the applicant is requesting a conditional use permit for a restaurant & pub
to be located at 794 W. Minneola Ave. The proposed restaurant & pub will be open for lunch
and dinner. In May 2000, the previous occupant (the Chefs Table) was approved for a
Conditional Use Permit (Res. No. 1126) to operate a sandwich shop with retail food sales. The
previous CUP did not permit any other uses and was specific to the sandwich shop and retail
food sales.
The applicant intends to operate the restaurant & pub in a manner which will improve and
compliment the existing atmosphere of downtown Clermont.
Staff recommends approval of this Conditional Use Permit request to operate a Restaurant & Pub
located at 794 W. Minneola Ave.
Meeting Discussion:
Bret Jones, 700 Almond St., stated they are back with the application to include a restaurant.
Chairman Pape asked if anyone in the audience had any comments or questions pertaining to this
application.
Commissioner Whitehead moved to approve the request as presented, seconded by
Commissioner Boyatt. The vote was unanimous to recommend for approval to City Council.
4. REQUEST FOR CONDITIONAL USE PERMIT
PROJECT NAME:
Pillar Office Building
OWNER/APPLICANT: Pillar Development LLC
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
April 3, 2007
Page 7
REQUESTED ACTION: Request to allow a professional office within an R-3
Residential/Professional Zoning District.
EXISTING ZONING: R-3 (Residential/Professional District)
LOCATION: West side of Bowman Street, approximately 300 feet south of
intersection of State Road 50 and Bowman
EXISTING LAND USE: Vacant
FUTURE LAND USE DISTRICT: Established Residential District 8 (ERD-8)
FUTURE LAND USE CLASSIFICATION: Commercial District
Curt Henschel stated the applicant is requesting a conditional use permit to construct a 2,600
square foot professional office building. Current zoning is R-3 (Residential/Professional
District). Professional offices are classified as a conditional use within the R-3 zoning district.
The uses of the adjacent properties to the north, south, and east of the property are also office
establishments, permitted as conditional uses in the R-3 zoning district.
Because adjacent properties on three sides of the property are currently permitted as office use,
staff recommends approval of the request for a Conditional Use Permit to allow a professional
office within the R-3 Residential/Professional Zoning District.
Meeting Discussion:
Mr. Unroe, Unroe Engineering 5728 Major Blvd. Orlando, stated he was present to answer any
questions.
Chairman Pape asked if anyone in the audience had any comments or questions pertaining to this
application.
Commissioner Treadwell stated it is a bad looking lot. He stated there is commercial all around
with the exception of one house across the street, and he feels this is a good use for the land.
Commissioner Whitehead stated she feels it would fit in with the area.
Chairman Pape asked what the cut and fill would be for that lot.
Mr. Unroe stated there is going to be two retaining walls at the back that will be below six feet
high. He stated they would fill it up and put the retention under the parking area.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
April 3, 2007
Page 8
Commissioner Holzman stated he walked the property and it is going to be tough to make the
building work on this lot.
Commissioner Jones stated that this property is right next to his and the last plan was superior to
this plan. Due to the fact it was difficult to get approval, he has wound up with less than what he
would have had and he preferred that the other plan had been approved so the building would
have faced the road. He feels this project will enhance his property.
Commissioner Banzhaf moved to approve the request as presented, seconded by Commissioner
Ash. The vote was unanimous to recommend for approval to City Council.
Chairman Pape stated he wanted to thank Commissioner Treadwell for all the time and effort he
has put into the Planning and Zoning Board being this is going to be his last meeting.
Commissioner Treadwell stated he has purchased a house in Groveland.
There being no further business the meeting was
TEST•
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Rae Chidlow -Administrative Assistant