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09-06-2000 Regular Meeting.~ , • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 6, 2000 The meeting of the Planning & Zoning Commission was called to order Tuesday, September 6, 2000 at 7:30 P.M., by Chairman Elaine Renick. Members present were Bill Rauch, John Atwater, Frank Caputo, Richard Tegen, and Garrett Paquette. Misty O"Bar, Wanda Andrews, and Charles Forth were absent. Also in attendance were Barry Brown, Director of Planning, Mimi Ogden, Planner I, Jane McAllister, Planning Technician I I. and City Attorney Robert Guthrie. MINUTES of the Planning and Zoning Commission meeting held July 5, 2000 and August 1, 2000 were approved as presented. 1. REVIEW PROPOSED LOT GRADING ORDINANCE. City Engineer, Tamara Richardson read the proposed grading ordinance to the Commission. Richard Tegen asked who would interpret what "excessive grading" is. Tamara Richardson replied that in the section "Grading for Subdivisions" elevation changes in topography shall be limited to 10 feet. So anything over 10 feet would be excessive. Elaine Renick pointed out that some of the details were eliminated from the original grading ordinance proposal. Tamara Richardson replied that she didn't think it was helpful to leave in some of the original details as they limited rather than enhanced the grading guidelines. Elaine Renick stated that the last section which refers to grading at U.S. 27 and S.R. 50 was not part of the original proposal and that she is uncomfortable adding that paragraph since it is making allowances for property owners on those streets, that are not going to be made to other people. Tamara Richardson explained that those properties have an existing hardship by something that was done years ago. Those property owners still have to get a approval from the City Council if they need relief from that hardship. Elaine Renick again expressed her concern with the last paragraph in regard to U.S. 27 and S.R. 50 and asked if the words "by the City Council" could be added to the end of the last sentence. Frank Caputo said that people on U.S. 27 and S.R. 50 were getting preferential treatment. He asked about property owners on Hook St. or Highway 50 at Hancock Rd. who might be subject to the same type of hardship. • CITY OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION September 6, 2000 Page - 2 - Planning Director, Barry Brown explained that people at U.S. 27 and S.R. 50 have a special situation because of grading done while constructing those roads. City Attorney Robert Guthrie advised the Commission that he was comfortable with the legality of the paragraph concerning U.S. 27 and S.R. 50. A motion was made by Frank Caputo to approve the Proposed Grading Guidelines with the addition of the verbage "bv the City Council" to the last sentence. Richard Te_gen seconded the motion and it was approved unanimously 2. REVIEW PROPOSED MINIMUM LOT SIZE ORDINANCE Mimi Ogden presented the Proposed Minimum Lot Size Ordinance. Elaine Renick commented that the ordinance as read does not match what the Planning & Zoning Commission recommended. Barry Brown pointed out that the City Council decided to go ahead with the original figures presented to the Planning & Zoning Commission. Frank Caputo stated he would like to send the ordinance back to the City Council with the same recommendation as before. Elaine Renick reiterated that the recommendation of the Commission would be for minimum lot sizes of 12,000 and 15,000 square feet. A motion was made by Bill Rauch that the Commission deny approval of the ordinance as presented. Frank Caputo seconded the motion and the ordinance was denied unanimously. 3. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Nextel Communications, Ron Domin OWNER: City of Clermont REQUEST: For a Conditional Use Permit to construct a 140 ft. stealth "flagpole" tower and associated equipment for wireless communications. • C1TY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 6, 2000 Page-3- GENERAL LOCATION: The property is located on the west side of 12~' St. near its intersection with Minneola Avenue. More specifically, it is between West Park and the City's wastewater treatment facility. EXISTING LAND USE: Vacated city right-of-way. FUTURE LAND USE DISTRICT: The subject property is in the Non-Established Residential District - 6 (NED-6) land use district and the requested use is an allowable use. FUTURE LAND USE CLASSIFICATION: The subject property is classified as Public Facilities. The requested use is allowed in the Public Facilities land use classification. EXISTING ZONING: R-3, Residential/Professional District. The property is City owned and therefore the requested use is permitted at this location. Planning Director, Barry Brown introduced the request by saying that the use is consistent with the land use designations of the proposed site. The location and design of the facility meet the requirements of Clermont City Code, Chapter 122, Article VI "Siting Regulations for Wireless Communication Facilities." Therefore, staff recommends approval. Michael Nuckols, 4012 N.W. 10"' Street, Gainesville, FL. representative of Nextel Communications was sworn in. Mr. Nuckols passed out pictures and renderings of what a "flagpole" camouflage type communications tower looks like. Mr. Nuckols explained what each picture was, and went on to explain that the communication tower is a three carrier tower. Nextel would occupy a slot on the tower, and A T &T has a location application in to go in this tower. The third slot would probably be filled in a short period or time. This eliminates the need for two additional towers. The proposed tower has a 10 foot landscape buffer and would not present an unsightly appearance. The tower is low power and safe. John Atwater asked who would be responsible for maintaining the tower, and what kind of lighting would be on top of the tower. Mr. Nuckols replied that Nextel will maintain the tower and replace the flag when necessary. The only lighting will be from the base and that light will be directed at the flag on top of the pole. Elaine Renick asked if surrounding property owners were notified. Mimi Ogden assured her that all property owners in the vicinity were notified. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 6, 2000 Page - 4 - Frank Caputo asked if the pole was designed to break in sections in a high wind. Mr. Nuckols replied that the tower is designed to far exceed the building criteria and it will break off at certain points and more likely crumble rather than fall over. Mr. Caputo also asked if Nextel would maintain the landscaping around the tower. Mr. Nuckols did not have an answer to the question except to say that Nextel would ultimately be responsible to the property owner where the tower is located. A motion was made by Frank Caputo to approve the Conditional Use Permit. Bill Rauch seconded the motion and the vote was unanimous for approval. 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: J. J. Dahl OWNER: Thomas M. and Margaret Baumann REQUEST: A Conditional Use Permit to allow the operation of a professional office use in the R-3-A zoning district. GENERAL LOCATION: The property is located on East Avenue, 3 lots north of the corner of East Av. and Highland St. It is the former location of Nay-Nay's Playhouse. EXISTING LAND USE: The most recent use was as a daycare facility. Property to the east, south, and west is professional office. Property to the north is residential. FUTURE LAND USE DISTRICT: The subject property is in the Established Residential District (ERD-8) land use district and the requested use is an allowable use. FUTURE LAND USE CLASSIFICATION: The subject property is classified as Residential/Professional. The requested use is allowed in the Residential/Professional land use classification. EXISTING ZONING: R-3-A, Residential/Professional District. Professional office is a conditional use in the R-3-A zoning district. Planning Director, Barry Brown stated that the applicant is proposing to use the • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 6, 2000 Page - 5 - property as an office for her law firm. The requested use of professional office is consistent with other uses in the area and is an appropriate use at this location. The proposed use is consistent with the criteria of the land use designation and the zoning district, therefore, staff recommends approval with the following conditions highlighted: On page 4 of the memo under Section 3, Paragraph 1,Transportation Improvements, it says the applicant shall provide parking per code. In order to meet code requirements, the backyard will need to be used for parking. However the distance between the existing structure and north property line will not allow for a driveway to the rear. Past occupants of the building have used the unimproved Broome Street right of way for access to the backyard. The City will continue to allow the right-of-way to be used for access to the backyard subject to the execution of across-access agreement. Elaine Renick commented that there was no problem with that arrangement when Nay- Nays Playhouse occupied the site. Barry Brown said that there had been no complaints. Sworn in were J.J. Dahl, 1119 4~' Street, Clermont, FL, and Eric Dahl, 1119 4~' Street, Clermont. J.J. Dahl explained that she intends to have her law practice at this location for many years. Frank Caputo asked in reference to Section 3, Page 4, if there would be a problem in the future with impervious surface if the City Council requires the vehicular area to be paved. Barry Brown explained that would not be an issue since what they have there now is impervious. A motion was made by Richard Tegen to approve the Conditional Use Permit. Garrett Paquette seconded fhe motion. The vote was unanimous for approval.- 5. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Hovis, Boyette, and Crawford, P.A. OWNER: Levitt Homes, Inc. LOCATION: Summit Greens residential development. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 6, 2000 Page-6- SIZE OF PARCEL: 469.87+/- acres. REQUEST: Amend the PUD to allow for increased impervious surface coverage. The applicant is requesting an impervious surface coverage of 65% with the principal structure, driveway, and walkways limited to 55%. EXISTING LAND USE: Age restricted golf course community. FUTURE LAND USE DISTRICT: Undeveloped District - 5 (UD-5). This is an allowed use in the UD-5 land use district. FUTURE LAND USE CLASSIFICATION: Residential. EXISTING ZONING: PUD. Planning Director, Barry Brown stated that Summit Greens is currently allowed an impervious surface coverage of 55% per lot. The 55% coverage was granted by variance in April of this year. Subsequent to the variance and in June of this year, the City amended its impervious surface ordinance to increase coverage from 40% per lot to 55% with the principal structure, driveway, and walkways limited to 45%. At the time the ordinance was revised, it was the intent of the Council that PUD communities, especially those projects that provide significant open space such as golf courses or parks, be eligible for additional impervious surface coverage. Also in June of this year, the Legends, another golf course community with PUD zoning, was granted a variance to allow for 65% impervious surface coverage per lot with the principal structure, driveway, and walkways limited to 55%. Levitt Homes is requesting the same impervious coverage for the Summit Green development that was granted to the Legends development. The applicant has calculated that if the entire project was developed at the requested 65%, the entire project would only have 29.1 % impervious area. Given the similarity to the Legends PUD and the potential impervious surface at maximum build out, staff recommends approval of the amendment. George Hovis was present to answer questions from the Commission. Elaine Renick commented that at the June 6, 2000 Planning & Zoning meeting the Commission recommended that Legends NOT be allowed the 65% they requested. The City Council then granted a variance to The Legends. Frank Caputo recalled that the Commission agreed that 45% and 55% should apply to PUD's as well as all other property. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 6, 2000 Page - 7 - Elaine Renick said that the Commission did not recommend the increase in impervious surface for The Legends and that it could do the same with this CUP. She expressed the opinion that developments like The Legends and Summit Greens looks at golf courses as open space. Barry Brown agreed with that perception and said he thought it was a trade off, more home per lot with the trade off of the open space, and in this case the clubhouse and other common amenities. SIZE OF PARCEL: 469.87+/- acres. REQUEST: Amend the PUD to allow for increased impervious surface coverage. The applicant is requesting an impervious surface coverage of 65% with the principal structure, driveway, and walkways limited to 55%. EXISTING LAND USE: Age restricted golf course community. Elaine Renick asked if there wasn't a paving material for driveways that is pervious. Barry Brown explained that particular material may be pervious when it is new, but that it may lose that ability over time. Therefore, we have not yet given anyone credit for using that type of material. Mr. Hovis stated that when Levitt first started they were given the green light to do what they are asking to do right now because there was some confusion about the ordinance. Levitt is much more entitled to be given consideration for this than Legends. Elaine Renick restated that the Planning & Zoning Commission did not approve the change for Legends that the City Council did, and that she realized that Levitt was now going to take its request on to the City Council. Richard Tegen expressed the opinion that things had changed since Legends was before the Planning and Zoning Commission and that perhaps the Commission should revise their thinking on this particular subject. James Sanick, 14553 Peppermill Trail, Clermont, asked to be allowed to speak and was sworn in. Mr. Sanick said that he lives behind Summit Greens and does not want the additional density that granting this CUP would allow. David Hicks 14537 Peppermill Trail was sworn in. He expressed the opinion that i • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 6, 2000 Page - 8 - even though there was green open area in the Summit Greens development, what is directly behind his house would be houses crowded together. He said that he would not be able to see the green area. Richard Tegen made a motion that the request for the Conditional Use Permit be approved. Bill Rauch seconded the motion. The vote was 3 to 3 with Elaine Renick. John Atwater, and Frank Caputo voting naY. 6. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Dura Craft Homes, Inc. OWNER: Dr. Jaime Gonzales REQUEST: A Conditional Use Permit to construct a medical office building including laboratory and x-ray facilities in the C-1 zoning district. GENERAL LOCATION: The property is located on the south side of S.R. 50 between 2"d and 4~' Streets; across S.R. 50 from the Auto Zone and across 2"d Street from the Shepherd of the GENERAL LOCATION: The property is located on the south side of S.R. 50 between 2"d and 4"' Streets; across S.R. 50 from the Auto Zone and across 2"d Street from the Shepherd of the Hills Lutheran Church. EXISTING LAND USE: Vacant. Property to the east is the church, to the south and west is residential, and to the north is commercial. FUTURE LAND USE DISTRICT: The subject property is in the Non-Established District - 3 (NED-3) land use district and the requested use is an allowable use. FUTURE LAND USE CLASSIFICATION: The subject property is classified as Residential/Professional. The requested use is allowed in the Residential/Professional land use classification. EXISTING ZONING: C-1, Light Commercial. Professional office is a conditional use in the C-1 zoning district. Planning Director, Barry Brown explained the Conditional Use Permit stating that the applicant is proposing to construct a medical office building including laboratory and CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 6, 2000 Page - 9- x-ray facilities. Mr. Brown also noted that the applicant is requesting 2 variances but that they will be considered by the City Council and do not have to be addressed by the Planning & Zoning Commission. Staff recommends approval. John Nehmatallah, 1637 Sunset Village Blvd, Clermont, FL. was sworn in and is the representative of Dr. J. Gonzalez. He offered to answer any questions the Commission might have. Elaine Renick stated that the Commission just has to decide if this is an appropriate site for a medical office and the City Council will address the requested variances John Nehmatallah told the Commission that Dr. Gonzalez has other medical tenants ready to occupy the proposed offices. John Atwater expressed appreciation for the fact that there will be no access to this complex from State Road 50. A motion was made by Bill Rauch to approve the Conditional Use Permit. The motion was seconded by Richard Tegen and approved by a unanimous vote. There being no further business the meeting was adjourned. ~ tit.~.~t Elaine Renick, Chairman ATTEST: ~12 C. McAllister planning Technician II