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.
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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
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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.
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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.
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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
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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
•
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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.
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Ri and Tegen, Chair n
ATTEST:
Jae .McAllister -Planning Technician II