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07-05-2000 Regular Meeting• • CI T Y OF CL ERMONT MINUTES PLANNING AND ZONING COMMISSION July 5, 2000 The meeting of the Planning & Zoning Commission was called to order Wednesday, July 5, 2000 at 7:00 P.M., by Chairman Elaine Renick. Members present were Charles Forth, Bill Rauch, John Atwater, Frank Caputo, and Richard Tegen. Misty O"Bar, Wanda Andrews, and Garrett Paquette were absent. Also in attendance were Barry Brown, Director of Planning, Mimi Ogden, Planner I, Robert Guthrie, City Attorney, and Jane McAllister, Planning Technician 2. MINUTES of the Planning and Zoning Commission meeting held June 6, 2000 were approved as presented. 1. REZONING APPLICANT: KMH General Partnership, Kathy Hillary OWNER: KMH General Partnership REQUEST: To rezone the property from UE Urban Estate Low Density to C-1 Commercial. LOCATION: Tract #5 of Section 32, Township 22, Range 26. Generally located east of U.S. 27 and south of Steve's Road. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District - 2 (UD-2). This is an allowed zoning in UD-2. FUTURE LAND USE CLASSIFICATION: Commercial EXISTING ZONING: R-1 Residential SIZE OF PARCEL: 10+/ -acres. Planning Director Barry Brown gave a summary of the Rezoning stating that the land use classification for Tract #5 was changed from residential to commercial through a small scale comprehensive plan amendment. The amendment was adopted as Ordinance No. 371-M on October 27, 1998. An application for rezoning was submitted to the City, but for reasons unknown, the concomitant rezoning from UE Urban Estate Low Density to C-1 commercial was never processed. The applicant has requested that we complete the change in use by rezoning the property to match the overlying commercial land use designation. The property has the proper land use designations and it is clear the intent of the Council at the time of the comp plan amendment was for • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 5, 2000 Page-2- this property to be commercially zoned. Staff recommends approval of the requested rezoning. Elaine Renick asked if there was anyone present who wished to speak for or against this Rezoning. There was no response so Ms. Renick turned the matter over to the Commission for discussion. Richard Tegen inquired about a small house located just east of The Pit Stop and wanted to know if it was on the property in question and how it might be affected by the rezoning. Barry Brown stated that the house in question was on the adjacent tract. Elaine Renick stated that anything the Commission might find objectionable would have to have a CUP and could be dealt with at that time. A motion was made by Richard Te4an to approve the rezoning. Frank Caputo seconded the motion and the vote was unanimous in favor of approval. Planning Director Barry Brown announced that the next two items on the agenda, a conditional use permit and a rezoning, were related to the same property. 2. REQUEST FOR A CONDITIONAL USE PERMIT 3. REZONING APPLICANT: Church of the Nazarene OWNER: Church of the Nazarene LOCATION: 101 Grand Highway. On the southeast corner of Citrus Tower Blvd. and Grand Highway. REQUEST: To amend an existing Conditional Use Permit, Resolution #990, To allow for the operation of a weekday school for children grades K-12. EXISTING LAND USE: Church campus. FUTURE LAND USE DISTRICT: Undeveloped District - 5 (UD-5). This is an allowed use in UD-5. FUTURE LAND USE CLASSIFICATION: Institutional. This is an allowed use in the Institutional classification. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 5, 2000 Page - 3 - EXISTING ZONING: R-1-A, Single family low density residential district. Schools are not allowed in R-1-A zoning. Planning Director Barry Brown introduced this amendment to a Conditional Use Permit and Rezoning by stating that the applicant is proposing to operate a school for children grades K-12. The school will use existing church facilities with no structural changes at this time. The church recently added a fellowship hall and in the process brought the property up to current city code. There is good access to the site for student drop-off and pick-up and there is adequate parking for the school use. The church has dedicated right-of-way for the realignment of Grand Highway as it intersects with Citrus Tower Blvd. Completion of realignment will enhance access to the site. The requested use is an appropriate use for the area and is in accordance with land use designations. Therefore, staff recommends approval of both the Conditional Use Permit and the Rezoning. Elaine Renick asked if there was anyone present who wished to speak for or against this CUP and Rezoning. There was no response so Ms. Renick turned the matter over to the Commission for discussion. Ms. Renick stated she was under the impression that this issue had been settled when the Church came before the Commission at an earlier date. She stated that she is of the opinion that this is a good location for a school. Richard Tegen expressed his agreement with Ms. Renick. Bill Rauch asked what would happen if the church decided to expand further. Barry Brown replied tl~t the church does have 10 acres and if they decide to expand further they would have to come before the Commission again for a CUP. A motion was made by Frank Caputo to approve the Rezoning. The motion was seconded by Richard Tegen and approved by a unanimous vote. A motion was made by Bill Rouch to approve the Conditional Use Permit. The motion was seconded by John Atwater and approved by a unanimous vote. The next item on the agenda was moved to last at the request of the applicant. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 5, 2000 Page - 4 - 4. CONDITIONAL USE PERMIT APPLICANT: Hovis, Boyette and Crawford OWNER: Lake-Sumter Community College REQUEST: To amend the existing CUP to allow for construction of Phase II of the college. LOCATION: Lake-Sumter Community College, northeast corner of S.R. 50 and North Hancock Road. EXISTING LAND USE: Community College. FUTURE LAND USE DISTRICT: Undeveloped District-5 (UD-5). FUTURE LAND USE CLASSIFICATION: public Facilities/Institutional. EXISTING ZONING: PUD Planning Director Barry Brown stated that the community college is embarking on construction of Phase II, which will include an additional building and parking spaces. Staff recommends approval of the CUP with the following conditions: 1. Parking spaces required by our code shall be constructed to code. Additional spaces provided by the college may meet their standards. 2. A temporary emergency entrance to Hancock Road shall be constructed. It may be removed upon construction of Oakley Seaver Drive and the north college entrance to Oakley Seaver Drive. 3. Future phases of the college expansion shall be required to provide a connection to Hunt Trace Blvd. 4. The landscape buffer along the north property boundary shall be extended to match construction of the parking lot. 5. Construct access road to lift station. 6. Approval of construction plans shall be contingent upon the dedication of Oakley Seaver Drive right-of-way. All conditions of the existing CUP, Resolution #1010, shall remain in effect. The current CUP is attached to the application. Elaine Renick asked if there was anyone present who wished to speak about this CUP. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 5, 2000 Page-5- Jimmy Crawford of Hovis, Boyette and Crawford passed out a picture of the next building to be built on the campus. Mr. Crawford stated that State Statute exempts the college from local permitting requirements. He then proceeded to go through the conditions one by one. Mr. Crawford stated that conditions 1, 2, and 3, would not be a problem and that they would agree to them. Condition number 4 was doubtful as the landscape budget was not in yet. On condition number 5, Mr. Crawford stated that access to the lift station will be constructed by a group of developments which Lake Sumter Community College is a member, but that it is not solely responsible for the construction of the access road. Mr. Crawford pointed out in condition number 6 that the college does not own the right-of-way of Oakley Seaver Drive and therefore cannot be responsible for its dedication to the City. He also did not agree with having all the conditions in the original CUP, Resolution #1010 remain in effect. Mr. Crawford wants the expression "to the maximum extent feasible" added to all the requirements of the City. City Attorney Robert Guthrie explained that schools enjoy exemptions from local requirements. The Commission can go ahead and approve the CUP and then state any concerns you have for the record and to the City Council. Elaine Renick noted that by Lake Sumter Community College not agreeing to all the conditions existing in the original CUP leaves a large loophole. The expression " to the maximum extent feasible" was basically giving them carte blanche to allow them to do anything they want. Mr. Crawford pointed out that in the CUP version he was suggesting, all the conditions remain the same except that they are qualified by the expression "to the extent feasible". He expressed concern that they would not be able to meet the landscape requirements of the city. Mr. Guthrie informed the Commission that the building standards imposed by the State are very high and that the site standards would be the things that needed to be addressed and negotiated. He also suggested that the Commission let the City Council know how they feel about having the landscaping meet City code. Charles Forth suggested that the school building may be required to meet some of the new hurricane requirements. He suggested that perhaps the landscape requirements could be lightened by not doing the area that is not adjacent to the road until the next phase and paying attention to the other portions in that parking area, and meet code on the perimeters. He also suggested that since Oakley Seaver Road was not in place yet that the landscaping for that could be used elsewhere until the road was built. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 5, 2000 Page-6- Elaine Renick expressed the opinion that a college campus should be well landscaped. Mr. Guthrie recommended that the Commission go ahead and make a recommendation that the CUP be approved but with their reservations clearly stated. Barry Brown suggested that the Commission could approve the CUP as presented and that the City Council could address the problem of meeting the code. Mr. Atwater asked if there might be subsequent funds allotted for landscaping. Mr. Crawford answered that it was possible. After further discussion it was decided to approve or deny the CUP as presented. Mr. Crawford expressed his objection to the language in the CUP as presented. A motion was made by Frank Caputo for approval of the CUP as presented. The motion was seconded by Richard Tegen and the vote was unanimous. 5. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Group 20 Associates OWNER: Rolling Hills Ford/Jay Rosario REQUEST: To renovate and expand existing showroom, sales offices, and service department; construct new body shop, car wash, oil and tube facility, and PDI stalls; and request variances for signage. LOCATION: Rolling Hills Ford SIZE OF PARCEL: 13.53 acres EXISTING LAND USE: Automobile sales. FUTURE LAND USE DISTRICT: Undeveloped District - 2 (UD-2). FUTURE LAND USE CLASSIFICATION: Commercial • • CI TY OF CL ERMONT MINUTES PLANNING AND ZONING COMMISSION July 5, 2000 Page-7- EXISTING ZONING: C-2 Commercial Planning Director Barry Brown gave a summary of the CUP stating that Rolling Hills Ford is expanding their operations. They are planning to renovate and enlarge the existing showroom, sales offices, and service department as well as construct a new body shop, car wash, oil and tube facility, and PDI stalls. Based on the site plan submitted, the applicant is also requesting the following variances to our sign ordinance: 1. To allow the erection of 2 ground signs, rather than the 1 allowed by code. 1. To allow 1 of 2 ground signs to be 155 s.f. in area, rather than the 100 s.f. allowed by code. 2. To allow 1 of 2 ground signs to be 36 feet tall, rather than the 20 feet allowed by code. 3. To allow 1 of the ground signs to have a side setback adjacent to a right-of way of 5 feet, rather than the 15 feet required by code. 4. To allow 1 of the ground signs to have a front setback of 7 feet, rather than the 15 feed per code. Mr. Brown stated that the proposed renovations and additions are consistent with the operation of an automobile dealership. The property has the proper land use and zoning designations for the proposed uses. Staff recommends approval of the conditional use permit with the stated conditions and recommends denial of the requested sign variances. Elaine Renick asked if anyone present had anything they would like to say. Mr. Jim Tatsch, President of Group 20 Associates stated that their reading of the Clermont Code indicates that they do not need a CUP in order to get a building permit. Barry Brown explained that since there were elements of the proposed construction that required a CUP so the entire project was put under CUP. Mr. Tegen asked if the signs on site at the present time are to code. The answer was no. Elaine asked if the new sign is going to be the same size as what is there. Mimi Ogden explained that the signs were grand-fathered in and that any change would require the signs to conform to the existing code. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 5, 2000 Page-8- Elaine Renick asked how they managed to get such a tall sign in the first place. Mimi Ogden suggested that the original sign may have been erected before the dealership was annexed into the city. There was some discussion about leaving only the body shop and tube shop under CUP, but it was explained by Mimi Ogden that the CUP goes with the land and that it all needed to be included. Mr. Caputo asked if the car wash and quick tube were going to be open to the public and the answer was yes. Elaine Renick suggested that a 20 foot sign would serve as well as a 36 foot sign. She said this variance should go before the City Council. Barry Brown assured the variances will be heard by the City Council on July 25, 2000. Elaine Renick suggested the Commission discuss the expansion and let the City Council take up the question of the signs in a variance. Charles Forth asked if the reuse water will be available near this sight. Barry Brown answered that it would not. But they will be required to irrigate by well. Mr. Caputo asked if the water in the car wash was going to be recycled. Mr. Tatsch explained that it was a totally enclosed system and the water would be recycled. ~. A motion was made by Frank C~uto to approve the CUP as presented. The motion was seconded by Bill Rauch and approved by a unanimous vote. There being no further business the meeting was adjourned. ~~ ~ ~~ , ~ ~ ~,;- ,~- Elaine Renick, Chairman ~ -, : ~~ -~ ATTEST --~hE ~ ~ ~` ~~ It % -~ ~ ' Jane C: cAllister tanning Technician II r