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06-04-2002 Regular Meeting CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 4, 2002 The meeting of the Planning & Zoning Commission was called to order Tuesday, June 4, 2002, at 7 p.m. by Chairman Richard Tegen. Members present were John Atwater, Gene Crossley, David Pape, John Carlson, Dave Lange, Sy Holzman, Maggie Miller and Ronaldo Camargo. 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 May 7, 2002 were approved as written. REPORTS Planning Director Barry Brown announced that the Joint Board of County Commissioners and Clermont City Council would have a retreat on June 24, 2002. Commissioner John Atwater announced that he had received a phone call from Betty Schrader in regard to the Angels of Mercy requests that are before the Commission this evening. Commissioner Maggie Miller said that she too had a call from Betty Schrader. Commissioner Ronaldo Camargo said the he also had a call from Betty Schrader. Chairman Richard Tegen asked that Item #2 Lennar Homes be heard first, because the applicant has requested the item be tabled until the August 6, 2002 meeting of the Planning and Zoning Commission. 2. 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. David Pape made a motion to postpone the request until the August 6 2002 meetincl Gene Crosslev seconded the motion. The vote was unanimous in favor of postponing the request to August 6, 2002. • CITY OF CLERMONT MINUTES C~ PLANNING AND ZONING COMMISSION June 4, 2002 Page - 2 - 1. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT AND OWNER: CEMEX, Inc. REQUEST: To amend an existing conditional use permit to increase the size of the property covered by the CUP so that the plant can meet State of Florida requirements for the treatment of discharges from concrete batch plants. GENERAL LOCATION: The property is on the east side of 12t" St., north of Minneola Ave. and south of Carroll St. It is across 12t" St. from the City public works complex. EXISTING LAND USE: Concrete plant. FUTURE LAND USE DISTRICT: Non-Established District -6 (NED-6); the requested use is an allowable use in NED-6. FUTURE LAND USE CLASSIFICATION: Industrial. The requested use is allowed in the Industrial land use classification. EXISTING ZONING: M-1, Industrial District. Barry Brown, Director of Planning, introduced this request by saying that in order to add the additional property to the existing plant; the land use classification must be changed from Commercial to Industrial; the zoning must be changed from C-1, Commercial to M- 1, Industrial; and a CUP must be approved. The proposed uses are compatible with surrounding uses and zoning. The CUP will enable CEMEX to make improvements to the property that will provide for greater environmental protection. Mr. Brown said that since an old Conditional Use Permit could not be located a new one was created. He pointed out the section named Miscellaneous Site Improvements, Condition #2 which provides for an 8 foot high wall. Mr. Brown said the limit for wall height by code is 6 feet, but that if it was necessary to have an 8 foot wall there could be a variance. Sy Holzman asked if it was possible to have a masonry wall on the south side of the property instead of the chain link fence. Barry Brown said that was a possibility. Bob Canfora, 2005 Pan Am Circle, Tampa, FL an engineer for CEMEX, Inc. was sworn in and offered to answer questions concerning the project. • C1TY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 4, 2002 Page - 3 - Richard Tegen asked if there was anyone in the audience who would like to speak in reference to this request. There was no one. Ronaldo Camargo asked Mr. Canfora if there were plans to construct a masonry wall around the entire site. Mr. Canfora replied that there were no plans like that at present, but that he would mention the suggestion to the owner. Sy Holzman asked if there could at least be a masonry wall on the south side of the property to block the plant from neighbors. Richard Tegen asked if the new landscaping would be irrigated with potable water. Mr. Canfora said they would do whatever code calls for or allows. Ronaldo Camargo made a motion that language be added to the Conditional Use Permit that will require a masonry wall on the south side of the property. John Atwater seconded the motion. The vote was unanimous for including that langua_cLe. David Pape made a motion to approve the requested CUP which includes the language requiring a masonry wall on the south side of the CEMEX property. Sv Holzman seconded the motion. The vote was unanimous for approval of the request. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: David Walpen OWNER: Alan Pool REQUEST: For a Conditional Use Permit to allow the operation of an ice cream shop that will include the sale of cakes and cookies. LOCATION: 824 Montrose St. Downtown Clermont at the corner of Eighth St. and Montrose St. EXISTING LAND USE: Commercial building. FUTURE LAND USE DISTRICT: Established Business District-1 (EBD-1). FUTURE LAND USE CLASSIFICATION: Central Business District. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 4, 2002 Page-4- ZONING: CBD, Central Business District. A restaurant is a conditional use in the CBD zoning district. Planning Director Barry Brown introduced this request by stating that the applicant is proposing to operate an ice cream shop including the sale of cakes and cookies. There will be some inside seating provided for patrons. The use is appropriate at this location and the property has the appropriate land use designations and zoning. Richard Tegen asked if there was anyone in the audience who would like to speak about the request. There was no one. Richard Tegen asked that in Condition #8 the time frame for the approved use to begin after the execution of the Conditional Use Permit be reduced to 6 months. Mr. Guthrie said it would be all right to change that item. Gene Crossley said he had some questions for the applicant, however the applicant was not present. Maggie Miller wanted the record to reflect the fact that Mr. Walpen was operating the retail portion of his business at the time of this meeting, but was not manufacturing product or serving at tables. The Commission felt that the applicant should be in attendance at Planning & Zoning Commission meetings so that any questions they might have could be answered. It was suggested that the matter be tabled to a date certain. Gene Crossley made a motion to table this item until the July 2"d meetinc~Maggie Miller seconded the motion. The vote was 8-1 in favor of tabling this item with John Carlson voting naX 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT :James R. Buttram OWNER: Highland Industries, Inc. Charles Russ REQUEST: For a Conditional Use Permit to allow a truck rental operation in the C-2, Commercial zoning district. • CITY OF CLERMONT MINUTES • PLANNING AND ZONING COMMISSION June 4, 2002 Page - 5 - GENERAL: Orange Services Co., Inc. property on the east side of U.S. 27 south of Hook St. and south of the Florida Motel. EXISTING LAND USE: Vacant commercial property. FUTURE LAND USE DISTRICT: Undeveloped District -2 (UD-2). FUTURE LAND USE CLASSIFICATION: Commercial EXISTING ZONING: C-2, General Commercial. A truck rental operation is a conditional use in the C-2 zoning district. Planning Director Barry Brown introduced this by saying that the applicant is proposing to operate a Budget/Ryder truck rental facility on a portion of the Orange Services Co., Inc. property owned by Charles Russ. The office for the rental operation will be the small one story concrete block building at the northwest corner of the property as depicted on the site plan. Trucks will be stored in the fenced in yard behind the buildings along U.S. 27. The proposed use is appropriately located in a commercial area and the property has the proper land use designations and zoning. James Buttram, 1734 Nita Place, Clermont, FL was sworn in and stated that there will be times when trucks are dropped off during non-business hours and will be visible from Highway 27. Charles Russ, 12512 South Lakeshore Dr., Clermont, FL was sworn in. Richard Tegen asked if there was anyone in the audience who wished to speak in reference to this request. Jim Purvis, 4206 Hammersmith Dr., Clermont, FL was sworn in and expressed concern for the safety issue as relates to the rental trucks pulling out on to Highway 27. He also commented that he thought the company would want to have its product on display. Barry Brown said the trucks will be parked behind the buildings in a fenced yard and will be hidden from view. John Atwater asked about the signage. Barry Brown said that according to code there is only one ground sign allowed per property, and that there already is a sign for another business that is operated from that location. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 4, 2002 Page - 6 - Mr. Buttram said there would only be a sign on the building to identify the truck rental business. David Pape asked what the hours of operation would be. Mr. Buttram said the weekday hours would be 7:30 a.m. to 5:30 p.m. and on Saturday from 7:30 a.m. to 12:00 p.m. Gene Crossley asked if the trucks would be serviced on site and if there would be trailers available for rental too. Mr. Buttram replied that there will be tow dollies and auto carriers, but not trailers. He added that there would be very little servicing of vehicles on the site and no fuel pumps. Richard Tegen asked that since the Conditional Use Permit is for 2 years, would the applicant have to reapply after that time for another conditional use permit. Barry Brown replied yes. John Atwater made a motion to approve the request. Dave Lanpe seconded the motion. The vote was unanimous in favor of approval. 5. SMALL SCALE COMPREHENSIVE PLAN AMENDMENT APPLICANT AND OWNER: Laurence Kingston REQUEST: For a Small Scale Comprehensive Plan Amendment to change the Future Land Use District of the subject property from Non-Established District-4 (NED-4) to Established Business District-2 (EBD-2) and the Land Use Classification from Residential to Commercial. LOCATION: 1225 Hampton St. EXISTING LAND USE: Residential. FUTURE LAND USE DISTRICT: Non-Established District-4 (NED-4). FUTURE LAND USE CLASSIFICATION: Residential. EXISTING ZONING: R-2, Medium Density Residential District. • • CI TY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 4, 2002 Page-7- Director of Planning Barry Brown introduced this request by saying that the applicant owns Lot #290 of Clermont Heights. The north half of the lot is in the NED-4 land use district, has Residential land use classification, and is zoned R-2 while the south half of the lot is in the EBD-2 land use district, has Commercial land use classification, and is zoned R-3-A. Staff does not know why the north half has a residential land use and zoning designations and the south half has commercial land use and zoning designations. Mr. Kingston is requesting that the entire lot be designated for Commercial use. Staff supports the requested land use change. While staff believes it is premature to convert this property into office or commercial uses it should have the same land use and zoning since it is under common ownership. Since the property will be rezoned R-3- A, any use other than residential will require a conditional use permit, so the City will be able to control the timing and nature of any future uses. Richard Tegen announced that since this item and the next item were related they would both be discussed and then voted on separately. Planning Director Barry Brown explained that the next five (5) items were related. The Kingston Small Scale Comprehensive Plan Amendment, the Kingston Rezoning, the Angels of Mercy Small Scale Comprehensive Plan Amendment, the Angels of Mercy Rezoning, and the Angels of Mercy Conditional Use Permit application. He proceeded to explain the relationship of the items stating that the Angels of Mercy requests depend on the result of the Kingston requests. The Angels of Mercy property is separated from the requested land use and zoning districts by the Kingston property. Therefore the Kingston requests for land use and zoning changes must be approved for the Angels of Mercy property to be contiguous to the land use and zoning districts they are requesting. Richard Tegen asked if the applicant was present. Laurence Kingston, 505 Drew Avenue, Clermont, FL was sworn in and said that he hopes to turn his hobby of video film editing into a business in the future and would need the commercial designation in order to do that. Richard Tegen asked if anyone in the audience would like to speak in regard to the Kingston request. There was no one. John Atwater asked why Staff opposes the Angels of Mercy application for a Small Scale Comprehensive Plan Amendment and Rezoning and recommended approval for the Kingston requests. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 4, 2002 Page - 8 - Barry Brown explained that Mr. Kingston should have the same Land Use and Zoning over all of his property. In addition, if and when Mr. Kingston wanted to go ahead and start his business he would still need to come before the Commission for a Conditional Use Permit. Staff feels that the changes requested by the Angels of Mercy are premature for the area. Mr. Brown suggested that all the Angels of Mercy items be discussed before the Kingston items are voted on. City Attorney Robert Guthrie said it was all right to discuss the later agenda items first, and then vote according to the order the items are listed on the agenda. Planning Director Barry Brown proceeded to introduce the requests made by the Angels of Mercy. Richard Tegen asked if the applicant was present. Joy Cooper, 1147 Hampton St., Clermont, FL was sworn in and said she was the founder of the Angels of Mercy. John Weston, 204 A Ridgecrest Loop, Clermont, FL was sworn in. Ms. Cooper told the Commission that Angels of Mercy provides needed services to the community such as food, clothing and tutoring for those who otherwise could not afford it. She said the organization is oriented to assisting children in need. Ms. Cooper further stated that the neighbors had been polled by her, and that there was no opposition to the proposed uses at the Hampton St. address. She pleaded with the Commission to allow the requested changes. John Weston stated that Angels of Mercy provides a safe place for young children to stay before and after school when they would otherwise be left alone. The organization provides a breakfast for the children who might not have breakfast before school. Mr. Weston said that adults would be present from approximately 9:00 a.m. to 1:00 p.m. Betty Schrader, 1394 W. Lakeshore Dr. Clermont, FL was sworn in and stated that Angels of Mercy was not a commercial organization, but rather was anon-profit organization. There is also a summer program for the children. Richard Tegen asked if there was anyone in the audience who wished to speak in regard to these requests. Wally Herda, 1109 Hampton Street, Clermont, FL was sworn in and stated that he had • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 4, 2002 Page - 9 - not been notified of this hearing. He proceeded to distribute a copy of a letter that he said was circulated to neighbors by the Angels of Mercy. The letter is part of this record. Mr. Herda said that if the Angels of Mercy has been operating from this site for the past three (3) years as they claim, then they have been doing it illegally since it is in a residential neighborhood. He is against having this use in a residential neighborhood stating he doesn't want indigent and homeless people in his neighborhood. Cecil Schrader, 1394 W. Lakeshore Dr. Clermont, FL was sworn in and stated that you can't keep people walled off from one another. He said this is America and people can go where they please. Richard Tegen found that no one else in the audience wished to speak. Richard Tegen asked how many students will be in the childcare program. John Weston replied that before school 6-7 students and after school 15 - 20 students. Richard Tegen asked how the children would be transported. John Weston said they had a bus to transport the children. Mr. Tegen asked how many adults would be there during the day for the adult education program. John Weston said there would probably be about 6-8 adults in the education program. Richard Tegen asked if meals would be served during the day to the adults. Ms. Cooper stated that food is only served during the summer program for children and that the food is prepared and delivered by the State. Ronaldo Camargo asked if the childcare is subject to State Regulations. John Weston replied that everything they do is regulated by the State of Florida. David Pape asked who qualifies for assistance from Angels of Mercy. Ms. Cooper said that families with 1-11 members and less than $900.00 per month income qualify for their programs. Gene Crossley asked what rooms in the floor plan were used for childcare. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 4, 2002 Page - 10 - Mr. Weston replied that the following rooms are used for childcare; computer room, band room, and study room. He further stated that the whole house is handicap accessible. Maggie Miller asked Mr. Kingston if he was renting his property now, and if he had any problem with Angels of Mercy. Mr. Kingston replied that he was not renting the property at the present time, and that he has no problem with Angels of Mercy. John Carlson asked if there was an outdoor play area for the children. John Weston said there was a covered porch. Joy Cooper said she had a large paved yard and that she would be willing to use it as an out door play area if necessary. Discussion of the Kingston and Angels of Mercy was closed and the Commission returned to the Kingston request for a Small Scale Comprehensive Plan Amendment. Dave Lange made a motion to approve the Kingston Small Scale Comprehensive Plan Amendment request. David Pape seconded the motion. The vote was unanimous in favor of approval. 6. REQUST FOR REZONING APPLICANT :Laurence Kingston OWNER: Laurence and Rosanna Kingston REQUEST: To rezone the north half of Clermont Heights Lot #290 from R-2 Residential to R-3-A Residential/Professional. GENERAL LOCATION: 1225 Hampton St. EXISTING LAND USE: Residential. FUTURE LAND USE DISTRICT: Non-Established District-4 (NED-4). FUTURE LAND USE CLASSIFICATION: Residential. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 4, 2002 Page - 11 - EXISTING ZONING: R-2, Medium Density Residential District. Planning Director Barry Brown introduced this request by saying that the applicant owns Lot #290 of Clermont Heights. The north half of the lot is in the NED-4 land use district, has Residential land use classification, and is zoned R-2 while the south half of the lot is in the EBD-2 land use district, has Commercial land use classification, and is zoned R-3-A. Staff does not know why the north half has residential land use and zoning designations and the south half has commercial land use and zoning designations. Mr. Kingston is requesting that the entire lot be designated for Commercial use. Staff supports the requested rezoning. While staff believes it is premature to convert this property into office or commercial uses it should have the same land use and zoning since it is under common ownership. Since the property will be rezoned R-3-A, any use other than residential will require a conditional use permit, the City will be able to control the timing and nature of any future uses. Ronaldo Camargo made a motion to approve the Kingston Rezoning request. John Atwater seconded the motion. The vote was unanimous in favor of approval. 7. REQUEST FOR A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT APPLICANT :John Weston OWNER: Joy Cooper REQUEST: For a Small Scale Comprehensive Plan Amendment to change the Future Land Use District of the subject property from Non-Established District-4 (NED-4) to Established Business District-2 (EBD-2) and the Land Use Classification from Residential to Residential/Professional. LOCATION: 1147 Hampton St. EXISTING LAND USE: Residential. FUTURE LAND USE DISTRICT: Non-Established District -4 (NED-4). FUTURE LAND USE CLASSIFICATION: Residential. EXISTING ZONING: R-2, Medium Density Residential District. Planning Director Barry Brown introduced this request by stating that the applicant is CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 4, 2002 Page - 12 - proposing to convert an existing residential home into office, private school, and childcare uses. The existing structure would continue to function as a residence but would also serve as the office of the Angels of Mercy organization as well as house a before and after school program for school aged children and an adult learning center. The current land use district, Non-Established District-4 (NED-4) does not allow for office or childcare uses therefore the applicant is requesting a change in the district to Established Business District-2 (EBD-2) which does allow for all of the requested uses. In addition the current land use classification of Residential does not allow for professional office so the applicant is also requesting the land use classification be changed to Residential/Professional which will allow for the proposed uses. The subject property is not adjacent to either the requested EBD-2 land use district or the Residential/Professional land use classification. The subject property is one half of a lot, the north half of lot #290, from being contiguous to the requested land use designations. Therefore in order for the subject property to be granted the land use changes, the land use designations of the north half of Lot #290 must be changed first. David Pape made a motion to approve the Angels of Mercy Small Scale Comprehensive Plan Amendment request. Ronaldo Camargo seconded the motion. The vote was 8-1 in favor of approval with Gene Crossley voting nab 8. REQUEST FOR REZONING APPLICANT :John Weston OWNER: Joy Cooper REQUEST: To rezone Clermont Heights Lots #288 and #289 from R-2 Residential to R-3- A Residential/Professional. LOCATION: 1147 Hampton St. EXISTING LAND USE: Residential. FUTURE LAND USE DISTRICT: Non-Established District-4 (NED-4). FUTURE LAND USE CLASSIFICATION: Residential EXISTING ZONING: R-2, Medium Density Residential District. Director of Planning Barry Brown introduced this request by saying that the applicant is • ~ CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 4, 2002 Page - 13 - proposing to convert an existing residential home into office, private school, and childcare uses. The existing structure would continue to function as a residence but would also serve as the office of the Angels of Mercy organization as well as house a before and after school program for school aged children and an adult learning center. Angels of Mercy is a non-profit community service organization that provides services to persons with financial and learning needs. The current zoning of the property, R-2 Medium Density Residential District does not allow for professional office, private schools, or daycare uses, therefore the applicant is requesting a change in the zoning district to R-3-A Residential/Professional District. Professional office, private schools, and childcare are allowed in the R-3-A zoning district with a conditional use permit. The subject property is not adjacent to property that is currently zoned R-3-A. It is one half of a lot, the north half of Lot #290, from being contiguous to the requested zoning district. Therefore in order for the subject property to be granted the requested rezoning, the zoning of the north half of Lot #290 must be changed first. As with the requested land use change, staff is concerned that this is a premature conversion from residential to other uses and therefore does not support the rezoning. Dave Lange made a motion to approve the Ange/s of Mercy request fora Rezoning. John Carlson seconded the motion. The vote was 8-1 in favor of approval with Gene Crossley voting naY 9. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: John Weston OWNER: Joy Cooper REQUEST: For a conditional use permit to allow for professional office, private school, and daycare in the R-3-A zoning district. LOCATION: 1147 Hampton St. EXISTING LAND USE: Residential. FUTURE LAND USE DISTRICT: Non-Established District-4 (NED-4). FUTURE LAND USE CLASSIFICATION: Residential. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 4, 2002 Page -14 - EXISTING ZONING: R-2, Medium Density Residential District. Planning Director Barry Brown, introduced this request by stating that the applicant is proposing to convert an existing residential home into office, private school and childcare uses. The existing structure would continue to function as a residence but would also serve as the office of the Angels of Mercy organization as well as house a before and after school program for school aged children and an adult learning center. If the property is rezoned to R-3-A, then the proposed office, school, and childcare uses would be allowed if approved by a conditional use permit. As with the requested land use change and rezoning, staff is concerned that this is a premature conversion from residential to other uses and therefore does not support the requested conditional use permit. David Pape made a motion to approve the request by Angels of Mercy for a Conditional Use Permit. Dave Lange seconded the motion. The vote was 8-1 in favor or approval with Gene Crossley voting nab NON-AGENDA ITEMS Richard Tegen asked that since there is a new Code Enforcement Officer could something be done about the vehicles that are being parked at the old Quincy's parking lot. Barry Brown replied that Bankfirst has purchased that property and will allow Best Carpeting to use it while their store is being renovated. The illegally parked vehicles will be towed away if necessary. Sy Holzman asked about the property along Grand Highway between Hook St, S.R.50 and Highway 27. He wanted to know if the CUP has been voided. Barry Brown said the right-of-way needed for Hook Street and Grand Highway was to have been dedicated by Walmart. They have not made that dedication and so the process of revoking the Conditional Use Permit will begin. Dave Lange said that on Thursday, June 6, 2002 at 7:00 p.m. there will be a meeting at the Jenkins of the Alliance to Protect Water Resources. C~ C~ J CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 4, 2002 Page -15 - There being no further business the meeting was adjourned. Ric and Tegen, .Chaff an ATTE, ~~ ~ ~~' .~ C. McAlli~er -Planning Technician II