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
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CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
July 5, 2000
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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.
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PLANNING AND ZONING COMMISSION
July 5, 2000
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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.
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PLANNING AND ZONING COMMISSION
July 5, 2000
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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.
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PLANNING AND ZONING COMMISSION
July 5, 2000
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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.
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CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
July 5, 2000
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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
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CI TY OF CL ERMONT
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PLANNING AND ZONING COMMISSION
July 5, 2000
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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.
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PLANNING AND ZONING COMMISSION
July 5, 2000
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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.
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~ ~~ , ~ ~ ~,;- ,~- Elaine Renick, Chairman
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ATTEST --~hE ~ ~ ~` ~~ It % -~ ~ '
Jane C: cAllister tanning Technician II
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