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
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PLANNING AND ZONING COMMISSION
March 5, 2002
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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.
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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.
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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.
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PLANNING AND ZONING COMMISSION
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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
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PLANNING AND ZONING COMMISSION
March 5, 2002
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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.
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March 5, 2002
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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
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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.
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PLANNING AND ZONING COMMISSION
March 5, 2002
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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.
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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:
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J C. McAlliste -Planning Technician II