08-06-2002 Regular Meeting• •
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
August 6, 2002
The meeting of the Planning & Zoning Commission was called to order Tuesday,
August 6, 2002, at 7 p.m. by Chairman Richard Tegen. Members present were Dave
Lange, David Pape, John Carlson, Sy Holzman, and Maggie Miller. John Atwater and
Ronaldo Camargo were absent. Also in attendance were Barry Brown, Director of
Planning, Robert Guthrie, City Attorney and Jane McAllister, Planning Technician 11.
MINUTES of the Planning and Zoning Commission meeting held July 2, 2002 were
approved as written.
REPORTS
Chairman Richard Tegen announced that there would be a Planning & Zoning
Commission workshop on Tuesday, August 20, 2002, 7:00 P.M. at the Police Station.
Mr. Tegen said that the Land Development Regulations would be discussed.
Commission Member Miller reported that she had listened to the tapes of the City
Council meeting of July 9, 2002, and that there were no disparaging remarks directed at
the Planning and Zoning Commission concerning the Walpen CUP that was tabled by
the Commission on July 2, 2002.
1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Lennar Homes, Inc.
OWNER: Lennar Homes, Inc.
REQUEST: To allow for the construction of a professional office park that will include
five (5) buildings each over 20,000 square feet in size.
LOCATION: Parcel "D" within the Kings Ridge Development -Parcel "D" is located at
the northeast corner of US Highway 27 and Kings Ridge Blvd.
Director of Planning Barry Brown advised the Commission that the applicant has asked
that this item be postponed until the October 1, 2002 meeting.
David Paae made a motion to ,postpone this request until the October 1 2002 meeting
John Carlson seconded the motion. The vote was unanimous for approval of the
postponement to October 1. 2002.
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August 6, 2002
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2. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: Don M. Casto Organization
OWNER: Lucas Clermont Limited Partnership
REQUEST: For a Conditional Use Permit for a Planned Unit Development (PUD) to
allow the construction of a 204 unit apartment complex.
Planning Director Barry Brown informed the Commission that the applicant has
requested that the matter be postponed until the September 3, 2002 meeting.
David Pape made a motion to postpone this request until the September 3 2002
meetincLy Holzman seconded the motion. The vote was unanimous in favor of
postponing the request until September 3. 2002.
3. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT AND OWNER: Paul Fallman
REQUEST: For a Conditional Use Permit for a professional office in the R-3
Residential/Professional zoning district.
LOCATION: 242 Highland Avenue. North of SR 50 between Bell-Tel Credit Union and
Dr. Saxena's office.
EXISTING LAND USE: ResidentiaVBeauty Salon.
FUTURE LAND USE DISTRICT: Established Residential District -8 (UD-8); the
requested use is an allowable use in UD-8.
FUTURE LAND USE CLASSIFICATION: Residential/Professional. The requested use
is allowed in the Residential/Professional land use classification.
EXISTING ZONING: R-3, Residential/Professional District. A professional office is a
conditional use in the R-3 zoning district.
Planning Director Barry Brown introduced this request by stating that the applicant is
proposing to convert a property that was formerly used as a residence and a beauty
salon into the office for Fallman Design and Construction. This property is the last of
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PLANNING AND ZONING COMMISSION
August 6, 2002
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several residential properties along this stretch of Highland Ave. to be converted to
office use, it is not possible to provide the required parking per code and the required
landscape buffers. In order to provide the required parking, the applicant will need a
variance to be relieved from providing the landscape buffers along the east and west
sides of the parking areas. And a variance will also be required in order to provide a 5
ft. rather than a 15 ft. landscape buffer along Highland Ave.
The redevelopment of existing properties is always a challenge. Attempting to make
properties constructed years ago meet current regulations is not always possible. In
fact, Mr. Fallman will be purchasing a portion of the property to the west in order to
provide additional space for parking, stormwater, and landscaping. The renovations Mr.
Fallman will make to the property will be an enhancement to the area. Staff supports
the project and given the challenges of converting this site to office use supports the
requested variances also.
The property has the proper land use and zoning designations. The proposed use is
appropriate at this location.
Barry Brown called attention to Section 2, Conditions 1, 2, and 5.
Richard Tegen asked if the applicant was present and wished to address the
Commission.
Paul Fallman, 11137 Versailles Blvd., Clermont, FL. was sworn in and said that the
property he needs to purchase to the west will be deeded to him before this matter
goes before the City Council.
Mr. Fallman indicated that he would like Section 2, Condition 1 to be changed to include
"like businesses" in order to allow other uses for the property in case he wished to sell
the property in the future.
Richard Tegen asked if there was anyone else who would like to address this request.
There was no one.
David Pape asked why Section 2, Condition 1, was written as it is.
Barry Brown said that other uses would possibly require more parking, and that if the
uses were limited then the next owner would have to go through the CUP process and
any potential parking problem could be addressed.
Sy Holzman made a motion to approve this request as written. David Pape seconded
the motion. The vote was unanimous in favor of approval.
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PLANNING AND ZONING COMMISSION
August 6, 2002
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4. REQUEST FOR CONDITIONAL USE PERMIT
REQUEST: For a Conditional Use Permit to allow the construction of a building over
3,000 square feet in size in the Central Business District.
APPLICANT AND OWNER: A&S Automotive Center, Inc.
LOCATION: 898 W. Montrose Street.
EXISTING LAND USE: Automotive repair garage.
FUTURE LAND USE DISTRICT: Established Business District -1 (EBD-1 ); the
requested use is an allowable use in EBD-1.
FUTURE LAND USE CLASSIFICATION: Central Business District. The requested use
is allowed in the Central Business District land use classification.
EXISTING ZONING: CBD, Central Business District. Any structure greater than 3,000
square feet is a conditional use in the CBD zoning district.
Planning Director Barry Brown introduced this by saying that the applicant is proposing
to construct athree-story building with office and retail uses on the property currently
occupied by A&S Auto Repair. This is an appropriate redevelopment of a downtown
property. In order to provide the required parking, the applicant is requesting two
variances. The first is to be relieved from providing the landscape buffer along the north
property line and the second is to provide a 5 ft. wide buffer rather than a 10 ft. buffer
along the east property line. Staff supports the proposed project and the requested
variances. The project meets the criteria of the land use designations and
zoning district.
Richard Tegen asked if the applicant was present and would like to address the
Commission.
Tom Beckius, 7538 CR 455, Montverde, FL. was sworn in and said that the proposed
project would be a major improvement to the downtown area, and that he is available to
answer any questions the Commission might have.
Richard Grading, 22 Church Row, Suffolk, England was sworn in and offered to answer
questions.
CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
August 6, 2002
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Richard Tegen asked if there was anyone present who would like to address the
request. There was no one.
Richard Tegen asked if the owner could take 5 feet from the buffer on the southern part
of the property and move it to the north side.
Mr. Beckius replied that it might be possible to do that.
David Pape expressed concern for the residence on the east side of the project and
asked if there could be an opaque landscape buffer to protect them from the lights and
noise that might be generated by the project.
Mr. Beckius replied that additional landscaping would be possible and suggested that a
hedge might be the best buffer.
David Pape suggested that trees would better block the light from the parking lot.
Mr. Beckius said that planting additional trees would be an option.
John Carlson made a motion to approve the request. David Pape seconded the motion
The vote was unanimous for approval of the request.
5. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: NTR Development Inc.
OWNER: Rabi & George Nesheiwat
REQUEST: For a Conditional Use Permit to construct a shopping center.
GENERAL LOCATION: Northwest corner of S.R. 50 and Hancock Road.
SIZE OF PARCEL: +/- 7 acres.
EXISTING LAND USE: Undeveloped and vacant.
FUTURE LAND USE DISTRICT: Undeveloped District - 5 (UD-5); the requested use is
an allowable use in UD-5.
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PLANNING AND ZONING COMMISSION
August 6, 2002
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FUTURE LAND USE CLASSIFICATION: Commercial. The requested use is allowed in
the Commercial land use classification.
EXISTING ZONING: C-2, Commercial District. A shopping center is a conditional use in
the C-2 zoning district.
Director of Planning Barry Brown introduced this request by saying that the applicant is
proposing to develop a shopping center that will consist of 5 commercial parcels, an
anchor parcel with up to 20,000 square feet of general retail space and four (4)
commercial out parcels. The out parcels may include retail, restaurant, pharmacy, and
financial institution users. The project is appropriately located at the signaled
intersection of a principal arterial, S.R. 50, and a collector roadway, Hancock Road.
The north boundary of this project is on the planned alignment for the frontage road
between Citrus Tower Blvd. and Hancock Road. The permittee will be required to
dedicate 40 ft. of right-of-way along the north property line in order to accommodate the
frontage road. The permittee will be required to construct the frontage road along the
entire length of the property. The first phase of the project, the 7,000 sf retail building
and pharmacy, may be developed with the construction of the frontage road from
Hancock Road to the first driveway. All other certificates of occupancy for the project
shall be contingent upon the frontage road being constructed along the entire length of
the property from Hancock Road to the western property boundary.
The site plan as submitted does not provide for the requested right-of-way dedication of
40 ft. along the north property line for the frontage road. It also does not provide for the
required 20 ft. wide landscape buffer along SR 50 or the 10 ft. wide landscape buffer
between out parcels. While the project meets the criteria of the land use designations
and zoning district, the site plan does not provide for the necessary right-of-way and it
does not meet the code for landscape buffers. Staff considers the right-of-way
dedication essential for development of this site and does not find a basis to support
the landscape variances, therefore, staff recommends denial.
Barry Brown called attention to Section 2 and Section 4, conditions 3, 6, and 7.
Richard Tegen asked if the applicant was present and would like to make a
presentation.
Attorney Cecelia Bonafay represented the applicant. Ms. Bonafay informed the
Commission that application for the requested Variances had been submitted earlier in
the day to the Planning & Zoning Department.
Ms. Bonafay went on to say that the original request for right-of-way dedication was 30
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
August 6, 2002
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feet and that it was subsequently increased to 40 feet. She went on to say that if they
meet the landscape buffer requirements there would not be enough room to dedicate
40 feet for the frontage road.
Ms. Bonafay also took exception to Section 8, Architectural Design Standards. She said
that the ordinance supporting these requirements has not yet been approved and her
client should not be required to comply with them, insisting that it was premature to
include these conditions in a Conditional Use Permit.
Thomas Skelton, American Civil Engineering, 207 N. Moss Road, Winter Springs, FL.,
was sworn in and said that the frontage road really does nothing for this project. He
then offered to answer questions.
Richard Tegen asked if anyone else had any questions. There was no one.
Barry Brown said that the Architectural Standards cited in the Conditional Use Permit
have been used in several other Conditional Use Permits.
Richard Tegen asked Barry Brown what would happen if a 40 ft. right-of-way is
dedicated on the north side of frontage road and this owner provides only 30-35 ft.
Barry Brown said in that case there wouldn't be as many options for the roadway. The
roadway has not been designed yet, and it won't be known until it is just how much
right-of-way will actually be needed.
Dave Lange asked if the roadway was being designed to be 80 ft.
Barry Brown replied that it was.
Sy Holzman asked how much grading would have to be done for the entry from S.R.
50.
Mr. Skelton replied there would be approximately an 8 to 9 foot cut at the roadway
Barry Brown said that it would not exceed the grading ordinance
Maggie Miller said that none of the City's conditions are being met and that perhaps the
owners should consider that there might be too many parcels on that piece of property.
She suggested they think about downsizing.
Thomas Skelton said the only reason they are requesting the variances is because they
have to dedicate 40 feet for the frontage road instead of the original 30 feet.
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CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
August 6, 2002
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Dave Lange said that if we grant variances for this project then every one that follows
will be asking for the same consideration and the code will not be met.
Dave Lange made a motion to deny the request. Maggie Miller seconded the motion.
The vote was 5-D to denx the request with David Pape abstaining.
Planning Director Barry Brown introduced a new Planner, Kurt Henschel,
to the Commission and the audience. Mr. Henschel was we{comed by all present.
Dave Lange made the comment that the Commission was not doing any planning, that
they were only concerning themselves with zoning, and that he would like to focus more
on planning in the future.
Maggie Miller asked if Barry Brown would bring some conservation design materials to
the scheduled workshop.
David Pape asked if the City of Clermont coordinates anything with Orange County.
Barry Brown said that there was communication with Orange County through the
transportation task force and that it has been very successful.
There being no further business the meeting was
hard Teae~. Chaii~an
A T: J G
"A ,~ ._
C. McAlli~er -Planning Technician 11