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03-05-2002 Regular Meeting• • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 5, 2002 The meeting of the Planning & Zoning Commission was called to order Tuesday, March 5, 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. Chairman Richard Tegen introduced Maggie Miller and Ronaldo Camargo, and welcomed them as new members of the Planning and Zoning Commission. MINUTES of the Planning and Zoning Commission meeting held February 5, 2002 were approved as written. 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Clermont Professional Center OWNER: David L. Allyn, M.D. REQUEST: To amend an existing Conditional Use Permit, Resolution No. 1167, to increase the size of the property encompassed by the CUP by approximately 5 acres and allow for the construction of three additional medical/professional office buildings. GENERAL LOCATION: The property is located east of the Citrus Tower at the southwest corner of Citrus Tower Blvd. and Grand Highway. EXISTING LAND USE: Medical/Professional office center currently under construction pursuant to an existing CUP; the additional property is currently vacant and undeveloped. FUTURE LAND USE DISTRICT: The subject property is in the Undeveloped District - 5 (UD-5) land use district and the requested use is allowable. FUTURE LAND USE CLASSIFICATION: The subject property is classified as Commercial. The requested use is allowed in the Commercial Land use classification. EXISTING ZONING: C-2, General Commercial. Planning Director, Barry Brown, introduced this request by saying that in November 2000, a conditional use permit was approved for the construction of two buildings that included a medical office/clinic and ambulatory surgical center as well as doctor's offices and other professional offices. The applicant is now proposing to increase the • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 5, 2002 Page-2- size of the property by approximately five acres and construct three additional buildings to be used amedical/professional offices. These changes require an amendment to the existing conditional use permit. This request was on last month's agenda, but was postponed until consent for the proposed realignment of Hunt St. could be obtained from the adjoining property owner to the south. A letter from Mr. Holland agreeing to the realignment of Hunt St. is included in this record. Mr. Brown went on to say that the proposed uses are appropriate for the area and the property has the appropriate land use designations and zoning. He stated that Staff recommends approval of the request and that he would like to call attention to the following conditions: Page 2 Section 2, #1, The proposed development may contain up to 112,000 square feet of medical/professional office space, and Page 3, Section 3, #6 which states "The permittee/developer shall construct Hunt St. from U.S. 27 to Grand Highway", and #7 which states "The permittee/developer shall construct a southbound decel lane from Grand Highway on to Hunt St. at the time of Hunt St construction. Rick McCoy, 713 W. Montrose St, Clermont, FL., the project engineer was sworn in. Mr. McCoy explained how the grading would be accomplished and still meet the grading code. He explained there will be a parking garage under Building "E" and Building "D". Mr. McCoy offered to answer questions. Bob Thompson, 1958 Brantley Circle, Clermont, FL. was sworn in. Chairman Richard Tegen asked if there were questions from the public or the Commission. Sy Holzman asked how this project would be affected by the realignment of Grand Highway and Citrus Tower Blvd. Barry Brown explained that the realignment of Grand Highway and Citrus Tower Blvd. would favorably affect this project and allow for a decel lane for a right turn on to Hunt Street. Richard Tegen asked if there would be designated employee parking with this new plan. Barry Brown stated that they are re-evaluating a designated employee parking area now that the configuration for parking had changed and no one would have to back into the main driveway as originally planned. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 5, 2002 Page-3- David Pape asked how much space in the City has been designated for Medical Office space. Barry Brown stated he did not have a figure for the total space available, but that the market will sort out how much is needed. Bob Thompson stated that the first building is 70% leased, the second is 50% - 60% sold, building C lot is being sold to a doctor who is going to occupy 70% - 80% of that building, building D is a lot that has been sold to a doctor who is going to occupy all of that building, and building E is a building that is going to house the Advanced Education Research Center, a project Mr. Thompson is involved with. David Pape asked what kind of doctors will be occupying the buildings. Mr. Thompson replied there will be oncologists, dermatologists, orthopedists, radiology group, and primary care. John Carlson asked if the church would be isolated by all the new alignments. Barry Brown stated that the church will have good access to Grand Highway when Grand Highway is realigned. It will be safer than it is now. Dave Lange asked where Hunt Street will come out on to Highway 27. Barry Brown explained it will come out south of the Hall of Presidents. Ronaldo Camargo asked if there will be a decel lane for the church. Barry Brown stated there will not be a decel land for the church. There are less trips to the church and the new entry will be in a good location. A motion was made by David Pape to approve the request. The motion was seconded b~v Holzman and the vote was unanimous in favor of approval. 2. REVIEW OF P.J. MARKS RESTAURANT SITE PLAN The next item on the agenda was a review of a Restaurant/Bar site plan at the site of the wakeboard camp. The request had been approved by the Planning and Zoning Commission in February. However, there was a new and more complete site plan and Planning Director Barry Brown wanted to give the Commission the opportunity to see the new plan and to ask questions although they did not need to take any further action. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 5, 2002 Page - 4 - Richard Tegen commented that he was pleased to see that there are trees being left on the site. P.J. Marks offered to answer any questions the Commission might have. John Atwater asked if there was going to be any outside service of food or beverages. Mr. Marks replied that there will be food and beverage service only within the building. There will not be a deck downstairs, there will be an open deck on the second floor of the building. John Atwater asked about the City's open container law or ordinance. City Attorney Guthrie stated there is a ban on open containers on public property, but that Clermont's ordinances do not address open containers on other than on public property. Richard Tegen asked if there will be a fence to separate the restaurant and the wakeboard camp. Mr. Marks stated there will be a berm with landscaping and possible some fencing to separate the two uses. Gene Crossley asked if there would be enough parking and asked how the number of parking spaces required is determined. Barry Brown explained that the number of parking spaces is determined by the square footage of the patron use area of the structure excluding the kitchen and restrooms. Richard Tegen asked if there were any more questions or comments. There were none. 3. REQUEST FOR REZONING APPLICANT: Westminster Care Communities OWNER: Westminster Community Care Services, Inc. REQUEST: To rezone Lots 1,2, and 11 of Lake Highland Estates from R-1-A Residential to R-3 Residential/Professional. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 5, 2002 Page - 5 - LOCATION: 151 East Minnehaha Avenue. EXISTING LAND USE: Parking lot and residence. FUTURE LAND USE DESIGNATIONS: Established Residential District -1 (ERD-1 ); Institutional land use classification. EXISTING ZONING: R-1-A, Residential district. Planning Director Barry Brown, introduced this request by saying that three of the lots that comprise the Westminster Care property, formerly the Lake Highlands retirement home, are zoned R-1-A while the remainder of the property is zoned R-3. Westminster would like to convert the Rogers house into an adult day care facility to be run by Community Care Health Services, Inc. and provide for additional parking lots on 1,2, and 11. The lots must be zoned to R-3 and the conditional use permit must be amended in order to accommodate the proposed uses. The rezoning will allow for the CUP amendment to allow for the operation of an adult day care facility in the Rogers house and allow for the construction of additional parking. In addition, the applicant will be required to remove the dumpsters currently located on lot #11 and replace them with a compactor to be located further away from adjoining residences. A fence or wall and landscaped buffer shall be provided along the southern boundary of lot #2 to screen the parking from surrounding residences. Mr. Brown went on to say that these improvements will help to alleviate the parking problem in the area and screen the facility from surrounding neighbors. This request is compatible with the land use designations, and will be an improvement, therefore, staff supports the requested rezoning. Wes Kihlmire, representative of Westminster Care Communities, 80 W. Lucerne Circle, Orlando, FL 32801 was sworn in. Mr. Kihlmire explained to the Commission what he would like to do with the property. Bill Campbell, 1701 East Avenue, Clermont, FL., was sworn in and stated that he lives south of the project an is concerned with water overflow from the newly cemented areas, noise, and lighting. Mr. Campbell believes there is not enough water retention and wants a solid block wall with the landscaping, rather than just fencing. CITY OF CLERMONT • • MINUTES PLANNING AND ZONING COMMISSION March 5, 2002 Page-6- Kurt Lee, 212 Palm Lane, Clermont, FL. was sworn in and asked if anyone had considered the ramifications the change in zoning might have to surrounding property values. He also expressed concern with noise, odor control and hours of operation for the proposed compactor. Rlchard Myers, 1640 East Avenue, Clermont, FL., was sworn in and stated that he lives across the street from the facility and the noise and lights as they are now are disturbing him. He also asked if the new parking lot will alleviate the street parking by the employees of the facility. Richard Tegen asked if there were any other members of the public who wished to speak. There were none. Maggie Miller said she shared the concern about water overflow into the surrounding properties with all the additional paving. Barry Brown explained that the new parking lot will be designed to convey water into the water retention areas and not on to the neighboring properties. Further, an analysis to determine the affect of the rezoning on surrounding property values has not been done. Mr. Brown stated that the dumpsters, and the noise associated with them would be gone. Mr. Kihlmire explained that the trash compactor was aself-contained unit and would have not smell. He also said it would not be operated any later that 9:00 p.m. and there will be a pick up only once a week. Maggie Miller asked how many clients would use the adult day care on a daily basis Carol Badarni, 10501 N. Crescent Lane, Clermont, FL. was sworn in and stated the adult day care center will be licensed for approximately 30 people. There will be no weekend use and the hours will be Monday through Friday from 7:00 a.m. to 6:00 p.m. Sy Holzman suggested that the concrete block wall that starts at Drew Ave and goes west toward East Ave. could be extended to continue north on East Ave. to the top of Lot 2. That would be effective in blocking noise and light from the neighboring homes. Ronaldo Camargo asked if there was drainage in the compactor area and a wash down. Wes Kihlmire replied that there would be a wash down area and drain to the sanitary sewer, and that the enclosure itself is prescribed by the City. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 5, 2002 Page - 7 - A motion was made by Sv Holzman to approve the request for rezoning. David Pape seconded the motion. The vote was unanimous to approve the request. 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Westminster Care Communities OWNER: Westminster Community Care Services, Inc. REQUEST: To amend an existing Conditional Use Permit, Resolution No. 427, to increase the area encompassed by the CUP, to allow for the use of an existing residential structure as an adult day care facility and to construct additional parking on site. LOCATION: 151 East Minnehaha Venue EXISTING LAND USE: Skilled nursing facility. FUTURE LAND USE DISTRICT: Established Residential District -1 (ERD-1 ). FUTURE LAND USE CLASSIFICATION: Institutional. EXISTING ZONING: R-3 and R-1-A. Planning Director Barry Brown introduced this by saying that the current conditional use permit encompasses only that portion of the property zoned R-3. The applicant is proposing to rezone Lots 1,2, and 11 from R-1-A to R-3 and then include them in the amended CUP. Westminster is pursuing the rezoning and CUP amendment in order to use the existing Rogers house as an adult day care facility and to construct additional parking on site, The adult day care facility will be operated by Community Care Health Services, Inc. Mr. Brown went on to say that the amended CUP allows for the adult day care use and the construction of parking on Lots 1,2 and 11. It calls for the dumpsters to be removed and replaced with a compactor to be located away from adjoining residences. A fence or wall and landscaped buffer shall be provided along the southern boundary of Lot 2 to screen the parking from surrounding residences. The proposed revisions to the CUP will help to alleviate the parking problem in the area and screen the facility from surrounding neighbors. This request is an improvement to • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 5, 2002 Page -8 - the area and is compatible with the land use designations. Richard Tegen asked if anyone had any questions. Maggie Miller asked if the fence should be taller than six feet in order to block any offensive activity from the neighbors. Barry Brown explained that six feet was the maximum height allowed by code. Gene Crossley asked if Westminster was financially associated with Orlando Regional Healthcare Systems. Mr. Kihlmire said there was some affiliation, but that 66% of Westminster was owned by Presbyterian Retirement Communities. It is a stand alone facility that depends on grant money and donations. It is a not for profit organization and the care of the residents is the primary factor in their operation. Dave Lange asked if the delivery hours could be changed to later in the day so as not to disturb the residential neighbors. Mr. Kihlmire responded that he thinks the food vendors would cooperate with that request. Sy Holzman asked that Section 6, Item #1 be amended and that the wall continue north on East Ave. to the north side of Lot 2. Barry Brown added that the appropriate buffer should be added along the west side of Lot 2. SY Holzman made a motion to approve the request as amended to extend the wall north on East Ave to the north side of Lot 2 or an appropriate landscape buffer. David Pape seconded the motion. The vote was unanimous for approval. 5. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Kim Patiry OWNER: Clermont 8, Inc. REQUEST: To allow for a retail furniture store in excess of 3,000 square feet in the Central Business District. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 5, 2002 Page -9 - GENERAL LOCATION: The property is located on Eighth Street south of the On The Corner Seafood Grill. EXISTING LAND USE: Unoccupied building. FUTURE LAND USE DISTRICT: Established Business District -1 (EBD-1 ). FUTURE LAND USE CLASSIFICATION: Central Business District. EXISTING ZONING: CBD, Central Business District. Any retail use occupying 3,000 or more square feet of total floor area requires a conditional use permit. Planning Director Barry Brown introduced this request by stating that the applicant is proposing to operate a retail furniture store in the former bowling alley, former Army- Navy store, which for years was used as storage. Any retail use in the CBD that occupies 3,000 square feet of total floor area requires approval by a conditional use permit. The proposed use is consistent with the surrounding uses and the property has the proper land use and zoning designations. Barry Brown said that no on site parking is possible and that loading and unloading of inventory is a concern. He went on to say that this use would probably generate the least amount of traffic and parking requirements. John Atwater asked what the distance is between the south side of the building and the lot line Barry Brown responded that there was not enough room for a traffic lane on the side of the building. Gene Crossley asked if designating a loading zone in front of the store might be a possible solution to the delivery problem. Barry Brown replied that it might be a possible solution. He pointed out that there is no additional parking required for the building. Gene Crossley asked if Streetscape would go far enough south on 8th Street to include this property. Barry Brown said that it hadn't been determined whether the Streetscape funding would cover improvements to 8th Street. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 5, 2002 Page -10 - There was further discussion about solving the loading and parking problems. The Commission decided they needed to be able to have the input of the owner who was not present at the meeting. David Pape made a motion to table the matter until April 2, 2002. Magpie Miller seconded the motion. The vote was 8-1 in favorof tabling the matter with John Carlson voting naY There being no further business the meeting was adjourned. 1 ' hard Tegen, Chair ATTEST: .~ ~~~( L" ~~ J C. McAlliste -Planning Technician II