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05-02-2006 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION May 2, 2006 Page -- 1 - The meeting of the Planning & Zoning Commission was called to order Tuesday, May 2, 2006 at 7:00 p.m. by Chairman David Pape. Members present were Elwood Treadwell, Peter Geigel, David Outlaw, Nick Jones, Bill Banzhaf and Stephen Berlinsky. Sy Holzman was absent. Also in attendance were Jim Hitt, Planning Director, Barbara Hollerand, Principal Planner, Yvette Brown, City Attorney and Jane McAllister, Planning and Zoning Secretary. MINUTES of the Planning and Zoning Commission meeting held March 7, 2006 were approved as written. MINUTES of the Planning and Zoning Commission workshop held April 4, 2006 were approved as written. ELECTION OF OFFICERS Stephen Berlinsky nominated David Pape for Chairman of the Commission; seconded by Elwood Treadwell. The vote was unanimous in favor of retaining David Pape as Chairman. Elwood Treadwell nominated Sy Holzman for Vice Chairman of the Commission; seconded by Nick Jones. The vote was unanimous in favor of retaining Sy Holzman as Vice Chairman. REPORTS Jim Hitt mentioned that Roger Pierce has resigned from the Commission due to illness. 1. REQUEST FOR SMALL SCALE COMPREHENSIVE PLAN AMENDMENT DEVELOPMENT NAME: Cassady -Clermont Services Group property. OWNER: Kenneth A. and Tracy L. Cassady APPLICANT: Administrative REQUESTED ACTION: To change the Future Land Use from County Urban to • Undeveloped District 2 (UD-2) Commercial. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 2, 2006 Page-2- EXISTING ZONING: C-2, General Commercial PARCEL SIZE/LOCATION: 4.08 acres located on the southwest corner of S.R. 50 and Oakley Seaver Drive. EXISTING LAND USE: Vacant. FUTURE LAND USE DESIGNATION: Lake County Urban. This request was introduced by Planner Barbara Hollerand who said that this is an administrative small-scale comprehensive plan amendment to update the City's Future Land Use Map to recognize the December 13, 2005 annexation (ORD. 538-M) of the 4-acre proposed commercial development and to assign and Undeveloped District 2 (UD-2) Commercial future land use designation to the property. At the time the property was annexed into the City and rezoned to C-2, it had Urban future land use in the County, which was sufficient to develop the property as commercial. • The City must assign annexed properties a City future land use and update its Future Land Use Map through the comprehensive plan amendment process. Because this property is adjacent to the Undeveloped District 2 (UD-2) district, it is appropriate to add the property to this district. No text changes to the comprehensive plan are necessary with this annexation. The parcel is adjacent to the extension of Oakley Seaver Drive south from S.R. 50. The owner is currently developing a plan for a restaurant and a commercial building on the site. Staff recommends approval of the Future Land Use Map change. Chairman Pape asked if there was anyone in the public who wished to speak about this issue. There was no one. Commissioner Treadwell moved to approve the request; seconded by Commissioner Geigel The vote was unanimous in favor of approval. 2. REQUEST FOR SMALL SCALE COMPREHENSIVE PLAN AMENDMENT. • DEVELOPMENT NAME: Seidle property 2 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • May 2, 2006 Page - 3 - PARCEL SIZE/LOCATION: 0.98 acres on the south side of S.R. 50 and west of the extension of Citrus Tower Blvd. APPLICANT: Administrative OWNER: Robert K. Seidle REQUEST: To change the Future Land Use from County Urban to Undeveloped District 2 (UD-2) Commercial. EXISTING ZONING: C-1, Light Commercial. EXISTING LAND USE: Two single family residences. FUTURE LAND USE DESIGNATION: Lake County Urban. Planner Barbara Hollerand introduced this request by saying that this is an administrative small-scale comprehensive plan amendment to update the City's Future Land Use Map to recognize the August 23, 2005 annexation (Ord. 528-M) . of the 1-acre proposed commercial development and to assign an Undeveloped District 2 (UD-2) Commercial future land use district designation to the property. At the time the property was annexed into the City and rezoned to C-1, it had Urban future land use in the County, which was sufficient to develop the property as light commercial. The City must assign annexed properties a City future land use and update its Future Land Use Map through the comprehensive plan amendment process. Because this property is adjacent to the Undeveloped District 2 (UD-2) district, it is appropriate to add the property to this district. No text changes to the comprehensive plan are necessary with this annexation. The parcel is adjacent to the extension of Citrus Tower Blvd. south of S.R. 50. This section of Citrus Tower Blvd. will have a mixture of professional offices, retail and single family projects along its corridor. The subject parcel is also adjacent to existing City commercial land uses along the western property line. Staff recommends approval of the Future Land Use Map change. Chairman Pape asked if there was anyone in the public who wished to speak regarding this request. There was no one. Commissioner Outlaw asked about the right-of-way to the west of this property and whether it needs to be annexed to make this property contiguous. 3 City of Clermont MINUTES PLANNING AND ZONING COMMISSION . May 2, 2006 Page - 4 - Planning Director Jim Hitt explained that it is permissible to jump roadways and waterways when determining what property is contiguous. Chairman Pape asked that staff find out about this right-of-way before this matter goes before the City Council. Commissioner Outlaw moved to approve the reguest,• seconded by Commissioner Banzhaf. The vote was unanimous in favor of approval. 3. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Roberto Rodriguez APPLICANT: Kimberly Brown for South Lake Animal Clinic REQUEST: To allow for the expansion of an existing veterinary clinic. LOCATION: 1067 W. Highway 50 (corner of Linton Court) • EXISTING ZONING: C-2, General Commercial EXISTING LAND USE: Animal clinic. FUTURE LAND USE DISTRICT: Non-Established District 1 (NED-1). FUTURE LAND USE CLASSIFICATION: Commercial. This request was introduced by Planning Director Jim Hitt who said that the applicant is requesting a Conditional Use Permit to expand an existing veterinary clinic in a C-2 General Commercial zoning district. The applicant previously obtained a Conditional Use Permit in September 2003 but failed to start construction rendering the permit void. The applicant is now requesting the same conditional use permit that was granted in September 2003 and is ready to construct the addition. The expansion will consist of a 1,348 square foot addition that will be connected to the existing building. The existing veterinary building totals 2,052 square feet. The total proposed building is 3,400 square feet. Parking will be reconfigured and enlarged to accommodate the additional square footage. There remains a mixture of commercial, industrial and residential uses in the • vicinity of the subject property. Staff recommends approval of the request to expand the veterinary clinic. 4 City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 2, 2006 Page-5- Chairman Pape asked if the applicant was present. Ernesto Gonzales, 976 Lake Baldwin Lane, Suite 202, Orlando, FL 32814 Chairman Pape asked if there was anyone in the public who wished to speak about this request. There was no one. Commissioner Treadwell asked about the height of the retaining wall shown on the plans. Mr. Gonzales said it is about 7 feet high and is necessary because the property slopes toward the lake. It will keep the run off from going into the lake. Commissioner Geigel asked what is different in this application from the original one that was approved. Mr. Gonzales said staff had him move the handicap parking off of Highway 50 to Linton Court and there was a change in the water retention. Commissioner Treadwell moved to approve the request, seconded by Commissioner Banzhaf The vote was unanimous in favor of approval. 4. REQUEST FOR CONDITIONAL USE PERMIT OWNER: First United Methodist Church APPLICANT: McCree Architects & Engineers, Inc. REQUEST: To amend Resolution No. 1421 to allow for the construction of a 35,000 square foot Social Hall, a 28,000 square foot Sanctuary and a 6,000 square foot Administration building. EXISTING ZONING: C-2, General Commercial District, R-3, Residential/Professional District and CBD, Central Business District. LOCATION: 950 7th Street. EXISTING LAND USE: Church FUTURE LAND USE DISTRICT: Non-Established District 2 (NED-2). FUTURE LAND USE CLASSIFICATION: Residential/Professional Office. City of Clermont MINUTES PLANNING AND ZONING COMMISSION • May 2, 2006 Page - 6 - Planning Director Jim Hitt introduced this request by saying that the First United Methodist Church has requested an amendment to the existing Conditional Use Permit for an expansion of its Church facilities. First United Methodist Church has decided upon a master development plan for the overall facility to include a new Social Hall, Sanctuary, Administration Building and additional parking areas. The proposed build out will consist of three phases: Phase I will consist of a 35,000 square foot two story Social Hall. Phase II will consist of a new 28,000 square foot Sanctuary and the demolition of the two former single family residences across Seventh Street to provide additional parking areas. Phase III will consist of the demolition of the existing Hancock Building on Seventh Street and construction of a new 6,000 square foot Administration Building to take its place. Three variances are also being requested along with the CUP amendment. The first is for a building height to exceed 45 feet and the habitable height to exceed 35 feet. The proposed sanctuary has a building height of 52 feet. The second request is for the overall parking count to be less than the code requirement (by approximately 96 spaces.) The third request is to allow for grass parking spaces rather than paved spaces. Staff recommends approval for the request. • Chairman Pape asked if the applicant was present. Andrew Ness, McCree Architects & Engineeers, Inc. 500 E. Princeton Street, Orlando, FL 32803. Chairman Pape asked if anyone in the public would like to speak about this request. There was no one. Commissioner Jones said he is a member of the church and asked if it would be a problem for him to vote on this matter. City Attorney Yvette Brown informed Commissioner Jones that he could vote on the church matter. Commissioner Banzhaf asked for architectural renderings of what the finished buildings will look like. Mr. Ness said they don't have anything on the Sanctuary because, it is years down the road, but that he has elevations for the Social Hall. He added that the new sanctuary will be the same height as the existing one. 6 City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 2, 2006 Page - 7 - Commissioner Geigel asked about impervious surface and run off into Center Lake. Ness said they are required to provide water retention for 100°t° of run off. Commissioner Outlaw pointed out that the square footage of the proposed Social Hall on the plans does not match square footage in the request. Mr. Ness explained that the second floor will be larger than the first floor footprint. Commissioner Outlaw asked if the grass parking was meant to be permanent, adding that other churches request grass parking as a temporary thing and when the project is complete the parking is paved. James Baysinger, 1009 Whitebark Ct., Minneola, FL said he understands the City allows grass parking for churches. Commissioner Outlaw said that this church should be made to comply as the other churches have. Commissioner Banzhaf said the grass parking would relieve some run off. Commissioner Berlinsky said the grass parking would be more aesthetically pleasing than concrete. Commissioner Jones agreed with Commissioners Banzhaf and Berlinsky. Commissioner Banzhaf voiced his objection to the variance that would allow less parking spaces than what the code calls for. Mr. Ness said that in the past the city said you need to meet parking for the sanctuary, and not parking for additional buildings like a social hall. The City has changed its interpretation and is now requiring parking for all buildings. Chairman Pape suggested that the commission be wary about setting a precedence that would allow something in this one instance that might not be prudent in other instances. He asked what the City's stand is on this subject. Planning Director Jim Hitt said that we should take into consideration all of the square footage in the entire development when determining the number of parking spaces required. n lJ 7 City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 2, 2006 Page - 8 - Commissioner Geigel moved to approve the reguest• seconded by Commissioner Banzhaf. The vote was 7-1 for approval with Commissioner Outlaw opposed. 5. REQUEST FOR CONDITIONAL USE PERMIT OWNER /APPLIICANT: Two Brothers & A Cousin, LLC/ Richard Ogla REQUEST: To allow for a gas station with a drive thru convenience store. LOCATION: 811 E. Highway 50 (SW corner of Highway 50 & Highway 27) EXISTING LAND USE: Sunoco Gas Station & convenience store. EXISTING ZONING: C-2, General Commercial. FUTURE LAND USE DISTRICT: Established Business District 2 (EBD-2). • This request was introduced by Planning Director Jim Hitt who said that the applicant has removed the car wash fixtures on the interior of an existing building on the south side of the site and created a larger drive-thru convenience store. There will be an attendant at all times to assist with merchandise. The drive-thru will have one way access (from west to east) which is opposite from the way traffic traveled through the car wash. Due to the influx of new car wash establishments in the area, the car wash component of the business has decreased, which the necessity for a larger convenience store with drive-thru capability is appealing to the applicant's client base. Because the existing structure and general uses are remaining the same, staff recommends approval of this request. Chairman Pape asked if the applicant was present. Richard Ogla, 811 E Highway 50, Clermont. FL. said there has been no change to the structure of the building. He showed a floor plan and explained that everything is movable and nothing is attached. Chairman Pape asked if anyone in the public wished to speak about this request. • There was no one. 8 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • May 2, 2006 Page - 9 - Commissioner Outlaw said he has visited the site, and that the renderings are not representative of the site. He said what is there on site is very nice. Commissioner Banzhaf said he and Commissioner Berlinsky were on Code Enforcement Board when this applicant was before that board. He said there were several problems with the business and that this is a good solution for the applicant. Chairman Pape said he visited the site as well and asked about the traffic flow mixing with traffic coming from pumps. Jim Hitt said the station's clients are familiar with the site and there is not a problem with traffic flow. Commissioner Jones expressed his concern about ventilation inside the store. Richard Ogla said they have large fans in place, but have not needed to use them. He added that the Health Department has inspected the premises and did not have any problem with ventilation. • Commissioner Geigel mentioned that the planned interchange of Highway 27 and Highway 50 may cause a traffic problem for ingress and egress at the station. Planning Director Jim Hitt said that D.O.T. has not finalized the planned interchange yet, and that actual construction will not take place for several years. Commissioner Outlaw moved to approve the repuesf: seconded by Commissioner Banzhaf. The vote was unanimous in favor of approval There being no further business the meeting was adjourned. ATTEST: l _ c • ~. -:f ne C. McAlli er -Admin. Asst. David Pape; 9