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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. CITY OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION August 6, 2002 Page-2- 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 • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 6, 2002 Page - 3 - 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. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 6, 2002 Page - 4 - 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 MINUTES PLANNING AND ZONING COMMISSION August 6, 2002 Page-5- 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. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 6, 2002 Page-6- 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 • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 6, 2002 Page-7- 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. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 6, 2002 Page - 8 - 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