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07-01-2003 Regular MeetingCITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 1, 2003 The meeting of the Planning & Zoning Commission was called to order Tuesday, July 1, 2003, at 7:00 p.m. by Chairman Richard Tegen. Members present were David Pape, Maggie Miller, John Carlson, Dave Lange, Ronaldo Camargo, Sy Holzman, Jim Douglas, and John Atwater. Also in attendance were Barry Brown, Director of Planning, Robert Guthrie, City Attorney and Jane McAllister, Planning Technician II. MINUTES of the Planning and Zoning Commission meeting held June 3, 2003 were approved as written. 1. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Kids R Kids OWNER: Bart Sutherin REQUEST: For a Conditional Use Permit to amend an existing Condition Use Permit to allow for the expansion of a daycare facility by constructing an additional 4,800 square foot building. LOCATION: Lots 6 & 7 of the Clermont Commons Business Park. EXISTING LAND USE: Daycare facility. Properties to the north and east are residential, to the south are professional office and church uses and to the west is light industrial. FUTURE LAND USE DISTRICT: Undeveloped District 5 (UD-5). FUTURE LAND USE CLASSIFICATION: Industrial. EXISTING ZONING: M-1 Industrial. Daycare facilities are a conditional use in all zoning districts. Planning Director Barry Brown introduced this request by saying that the proposed use meets the criteria of the land use designations and zoning district. The use is appropriately located near residential subdivisions. A Montessori school and church with daycare currently operate within the business park and they have proven to be compatible with other uses in the park. Mr. Brown stated that Kids R Kids will need a • variance to allow for the provision of sixty-seven (67) parking spaces rather than the seventy-two (72) that are required by code. He further stated that staff recommends approval of this request. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 1, 2003 Page - 2 - Bart Sutherin, 17119 Magnolia Island Blvd., Clermont, FL was sworn in and said that the facility needed the additional space to accommodate after school children. He said that these children are taking space in the original facility that was intended for younger children. He stated further that they are at capacity and that the additional building will only be used after school and during the summer for the school aged children. Rick McCoy, 713 W. Montrose St., Clermont, FL was sworn in. Mr. McCoy is the engineer for Kids R Kids and offered to answer any questions the Commission might have. Mr. Tegen asked if there was anyone present who wished to speak about the request. There was no one. David Pape made a motion to approve the request. John Carlson seconded the motion. The vote was unanimous in favor of the request. • 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Clint Webster REQUEST: For a Conditional Use Permit for a professional office in the R-3 Residential/Professional zoning district. OWNERS: Clint and Mary Webster. GENERAL LOCATION: 925 W. Minneola Ave. West of the intersection of Minneola Ave. and West Ave. SIZE OF PARCEL: 18,750 square feet or .43 acres. EXISTING LAND USE: Duplex. FUTURE LAND USE DISTRICT: Established Business District -1 (EBD-1). FUTURE LAND USE CLASSIFICATION: Central Business District. • EXISTING ZONING: R-3, Residential/Professional. Director of Planning Barry Brown introduced this request by saying that the applicant is proposing to demolish an existing duplex and construct an office building. In May of 2002, the Council approved a Small Scale Comprehensive Amendment to change the • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 1, 2003 Page-3- land use district from NED-6 to EBD-1 and to change the land use classification from Residential to Central Business District. At that time the applicant also requested a rezoning from R-3 Residential/Professional to CBD Central Business District. While the Council supported the proposed office use, it did not want the site to be under parked as the CBD zoning would have allowed. Therefore, the Council denied the rezoning, but intimated that they would support setback variances to allow for reasonable development of the property as an office use. Mr. Brown stated that the applicant would be asking the City Council for a variance to allow for a ten foot wide landscape buffer along Minneola Ave. rather than the fifteen feet wide buffer required by code, and to allow for a fifteen foot rear yard setback rather than the twenty-five foot rear yard setback required by code. Mr. Brown went on to say that the property to the north and east is in the Central Business District. To the north is City owned property with two rental properties that are planned for demolition. To the east is the Watson Realty office. A single residential • property lies to the west and to the south are residential properties. The requested office use is appropriate for the area and staff recommends approval of the request. Arthur Nix, 17550 CR 455, Montverde, FL was sworn in and stated that he is the engineer for the project and would answer any questions the Commission might have. He further stated that the parking for the project would be located on site and that there will be only one tenant. Mr. Nix stated that there would be underground stormwater storage. Mr. Tegen asked if there was anyone present who wished to speak about the request. There was no one. Sv Holzman made a motion to approve the request. Ronaldo Camarqo seconded the motion. The vote was unanimous in favor of the request. 3. REQUEST FOR A REZONING APPLICANT: Jimmy D. Crawford of Gray, Harris and Robinson, PA. OWNER: Premier Promenade Plaza, LLC. • REQUEST: To rezone the subject property from UE Urban Estate to C-2 General Commercial. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 1, 2003 Page-4- GENERAL LOCATION: North side of S.R. 50 between Citrus Tower Blvd. and Hancock Rd.; between the Clermont water tower and the Florida Power substation. SIZE OF PARCEL: 3 +/- acres. EXISTING LAND USE: Vacant. FUTURE LAND USE DESIGNATION: Lake County Urban. EXISTING ZONING: Lake County C-2 Commercial. Barry Brown introduced this request by stating that this request and the one following for a Conditional Use Permit are by the same applicant and owner for the same property and should be discussed together and then voted on separately. He stated further that the owner of the property is planning to develop a hotel. The property is currently in Lake County and has the proper County land use and zoning for the proposed hotel. • The owner is requesting annexation and City utilities and services. Since all annexed properties enter the City with UE Urban Estates Residential zoning, the applicant is requesting rezoning to C-2 General Commercial zoning. The property is appropriately located in a strip of land bounded on the south by S.R. 50 and on the north by the planned frontage road. To the north is the Lake Sumter Community College and the South Lake Hospital campus; to the east is undeveloped property with Lake County commercial land use and zoning; toe the south is undeveloped commercial property and to the west is undeveloped property with professional office land use. Staff recommends approval of the requested rezoning to C- 2General Commercial. 4. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Jimmy D. Crawford of Gray, Harris & Robinson, PA. OWNER: Premier Promenade Plaza, LLC. LOCATION: North side of S.R. 50 between Citrus Tower Blvd. and Hancock Rd.; between the Clermont water tower and the Florida Power substation. SIZE OF PARCEL: 3 +/- acres. EXISTING LAND USE: Vacant. FUTURE LAND USE DESIGNATION: Lake County Urban. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 1, 2003 Page-5- EXISTING ZONING: Lake County C-2. Planning Director Barry Brown introduced this request by stating that the owner is planning to develop the subject property as a hotel. The property is currently in Lake County and has the proper land use and zoning for the proposed hotel. The owner is requesting annexation and City utilities and services. A hotel is a conditional use and therefore the applicant is requesting a conditional use permit. The property is appropriately located in a strip of land bounded on the south by S.R. 50 and on the north by the planned frontage road. To the north is the Lake Sumter Community College and the South Lake Hospital campus; to the east is undeveloped property with Lake County commercial land use and zoning; to the south is undeveloped commercial property and to the west is undeveloped property with professional office land use. The hotel property is three acres of a larger 15 acre parcel, 5 acres of which are already • in the City. In the future the seven acres in the County will be annexed and the entire 15-acre parcel will be zoned as a PUD. We are only annexing three acres now in order to expedite the hotel project. Mr. Brown stated there would be one variance associated with this request and that would be to allow for a building height of 37'4" for habitable areas and 50'6" for the total height as opposed to the code, which allows for a height of 35' for habitable areas and 45 feet for total height. In addition Mr. Brown wanted highlight Section 4, Item 5 which states "the driveway onto S.R. 50 shall be permitted as a right-in/right-out facility only" and Item 6 which states "The permittee shall dedicate up to eighty (80) feet of right-of-way and construct the reverse frontage road the length of the subject property. Right-of-way dedication shall be provided prior to any construction or development activity on the site and roadway construction plans shall be approved by the Site Review Committee. The frontage road must be constructed from the subject property to Citrus Tower Blvd. or Hancock Rd. prior to the issuance of a certificate of occupancy from the hotel." Jimmy Crawford, 3846 Beacon Ridge Way, Clermont, FL 34711, who is the Attorney for the owner of the property and acting as his agent and the applicant stated that he agrees with Staff's recommendations. Mr. Crawford also mentioned that although the projects grading plan was approved by Lake County before they requested annexation, • it will come close to meeting the grading standards set by the City of Clermont. He did say however that they would need some variances. Mr. Crawford also mentioned that the South Lake Hospital may donate the right of way for the frontage road,but that Premier Promenade Plaza will front the cost of the road, and that the rest of Tract 13 • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 1, 2003 Page-6- and Tract 14 will be included in what will become a PUD. He stated that they were requesting this annexation, rezoning and CUP for only that section of Tract 13 that will be used for the hotel at this time because the developer is in a rush to start the hotel. Richard Tegen asked if there was anyone present who wished to address this request. There was no one. Richard Tegen asked Jimmy Crawford if there was going to be a Developers Agreement in reference to the dedication and construction of the frontage road. Mr. Crawford replied that there would be an agreement between the developer and the hospital only, but if the City needed to be included to insure the construction of the frontage road through the entire parcel including all of tract 13 and 14, that would not be a problem. Sy Holzman expressed concern that the property would be developed in a piecemeal fashion and that the developer could ultimately decide to leave part of it in the County and develop according to County standards rather than City standards. He asked why • the entire PUD could not be done now rather than just these three acres for the hotel. Ronaldo Camargo echoed Sy Holzman's concerns and stated that he was not comfortable annexing just a small part of what eventually will be a PUD. Jimmy Crawford explained that it would take much more time to apply for a PUD for the entire parcel than for just the three acres slated for hotel use. He said there would be mixed uses in the PUD and that right now they were concerned with getting started on the hotel. Mr. Crawford said there would be no problem with executing an agreement that states that the rest of Tract 13 and Tract 14 will be annexed into the City of Clermont assuring development under City regulations. He also suggested that there could be a condition added to the Conditional Use Permit that the frontage road would be built, and that they will annex the remaining property prior to development. There was further discussion about whether to allow this three-acre portion of the parcel to be annexed into the City and be rezoned by itself rather than as part of the entire PUD. David Pape made a motion to approve the request for rezoning. John Carlson seconded the motion. The vote was 7-2 in favor of approval with Sy Holzman and Ronaldo Camargo voting nab • David Pape made a motion to approve the CUP request as amended to include a covenant to annex the remaining propertv on Tracts 13 and 14 prior to development. David Lange seconded the motion. The vote was 7-2 in favor of approval with Sy Holzman and Ronaldo Camargo voting nab • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 1, 2003 Page-7- Director of Planning Barry Brown mentioned that there was a copy of the Joint Planning Agreement with Lake County included in the Commissioners packets, and although it is not on the agenda he asked if there were any comments. David Pape asked if there was going to be a revised edition since there were some changes suggested at the City Council meeting. Mr. Brown said that there probably would be a revised edition. There was discussion about some of the changes and about the development of areas surrounding the Joint Planning Agreement. There being no further business the meeting was adjourned. ~` l ~~ Ri and Tegen, Chair n ATTEST: Jae .McAllister -Planning Technician II