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10-06-1998 Regular Meeting• • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 6,1998 The meeting of the Planning & Zoning Commission was called to order Tuesday, October 6, 1998 at 7:00 P.M. by Vice Chairman Joseph Wiebush. Members present were Joseph Janusiak, Bill Rauch, Marilyn MacLauchlin, Darryl Bishop, Keith Mullins, Michael Floyd and Scott Grubbs. Chairman Robert Smythe was absent. Also attending were Lanny Harker, Director of Planning, and Mimi Ogden, Planning and Zoning Specialist. MINUTES of the Planning and Zoning Commission meeting held September 1, 1998 were approved as presented. 1. REQUEST FOR REZONING APPLICANT: City of Clermont OWNER: Marvin Sutton GENERAL LOCATION: Parcel generally located north of West Lake, lying approximately 150 feet west of West Avenue. REQUEST: Rezoning from C-1 Light Commercial District to CBD Central Business District. Mr. Harker explained that the City Council is initiating rezoning of the present commercial property located adjacent to West Lake and the rail trail facility from C-1 to CBD to facilitate agreement with the existing property owner, and permit complementary expansion of the Central Business District. The requested rezoning will amend only the triangular shaped property directly abutting West Lake, less the road right-of--way being purchased by the City. Properties situated in City blocks #93 and #94 have already been requested and approved for rezoning to CBD. The proposed action is simply a continuation of the prevailing development pattern within the lake front/downtown business area. Surrounding zoning of the area is CBD to the south and east, M-1 and C-1 to the west, and Lake Minneola to the north. The proposed zoning classification CBD is consistent with the Future Land Use District designation (EBD-1, Established Business District) which would allow commercial, residential, and professional office uses. It is also compatible with Future Land Use Map directives which indicate mixed commercial, residential, and professional office use development to occur in this transitional area of the City. Based upon consistency with existing development patterns, and demonstrated compliance with Future Land Use directives for the area, Staff recommends approval of this request for rezoning from C-1 to CBD. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 6, 1998 Page-2- A motion was made by Marilyn MacLauchlin to recommend approval to the City Council as presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote. 2. REQUEST FOR REZONING APPLICANT: Park Square Homes OWNER: Chester C. Fosgate Company LOCATION: Parcel generally located on the west side of North Hancock Road, approximately 2,300 feet north of State Road 50. REQUEST: A request for rezoning from RR Rural Residential District to R-1 Urban Residential District. Planning Director Harker explained that the subject site, containing 104.45+\- acres, is located north of the new Lake Sumter Community College Site, west of the Levitt Homes Planned Unit Development (Skytop) and new North Hancock Road extension project, southeast of the Centex Homes project (SkyRidge Valley Subdivision), and northeast of the new Clermont Regional Hospital Site. The property is presently zoned RR (Rural Residential) which requires one acre lots size for residential dwelling sites. The owner of this site is requesting rezoning to R-1 (Urban Residential District) that permits development on 7,500 square feet lots. Preliminary plans for the site provided by the developer and included as part of your reference material indicate minimum lot sizes to be 9,000 square feet (75' x 120'). Subsequent discussion with the applicant has indicated revised plans for 9,750 square feet lots (75' x 130') will be provided at the public hearing, the applicant will be providing a developers agreement to the City Council. Staff recommends approval of the rezoning from RR (Rural Residential District) to R-1 (Urban Residential District) with the understanding that a modified R-1 to 9,750 square feet lot (75' x 130') sizes will be constructed and a developers agreement will be provided to the City Council. At this time Chairman Smythe asked all those present who wished to speak in regard to this case be sworn in. Persons sworn in were Mr Neil Frazee of Miller, Sellen, Conner & Walsh, 214 E. Lucerne Circle, Orlando, Florida. Mr. Frazee gave a brief synopsis of his clients proposed project. • CITY OF CLF,RMONT MINUTES • PLANNING AND ZONING COMMISSION OCTOBER 6, 1998 Page - 3 - A motion was made by Bill Rauch to recommend approval to the City Council as presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote. 3. REQUEST FOR REZONING APPLICANT: C. Douglas Kelly, AICP OWNER: Chester C. Fosgate Company LOCATION: Parcel generally located at the northeast corner of State Road 50 and North Hancock Road. REQUEST: A request for rezoning from RR Rural Residential District to C-2 General Commercial Business District. Mr. Harker explained that the subject site, containing 33.03+\- acres, is located at northeast corner of State Road 50 and North Hancock Road, adjacent to the new HospitaVCollege site. This site and surrounding area is in transition from former agriculture use to urban oriented land uses. The City adopted and State approved Comprehensive Plan indicates this area as a portion of one of Clermonts designed commercial nodes. Therefore, rezoning to C-2, General Commercial Business District, would be in conformance with approved directives for future City growth and development. Surrounding zoning is RR to the north and east, and C-2 to the south and west. Surrounding land use is the Levitt Homes "Skytop" Planned Unit Development to the north and east, the Lake -Sumter Community College/ Clermont Hospital Planned Units Development to the west, and the previously approved Knapp property Planned Unit Development project to the south. Based upon consistency and conformance with the City adopted and State approved Comprehensive Plan, Staff recommends approval of the rezoning from RR (Rural Residential District) to C-2 (General Commercial Business District). A motion was made by Keith Mullins to recommend approval to the City Council as presented by staff, seconded by Michael Floyd, approved by a unanimous vote. L~ CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 6, 1998 Page-4- 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Alexander T. Dimon LEGAL DESCRIPTION: Lots 6 and 8, Block 78 LOCATION: 628 West Minneola Avenue REQUEST: To allow the operation of a professional office in conjunction with a two family residential dwelling unit in the R-3 ResidentiaUProfessional District. Mr. Harker explained that the applicant is requesting a Conditional Use Permit to allow formal operation of professional office (licensed psychologist) and atwo-family residential dwelling unit at the above indicated address. The proposed uses are located on the north side of Minneola Avenue across from the Cooper Memorial Library. Inherent within the application is a variance for a three (3) foot buffer between the existing detached building and property line as opposed to the five (5} feet wide buffer as required by City Code. Due to the physical location of the building the required buffer distance cannot be provided. Historically, the site has been utilized as the location for both a residence and a beauty parlor. The beauty parlor was situated in the separate, adjacent structure; however, the beauty parlor use ceased operation for an extended period of time and has subsequently lost any vested interest rights for that previous use. According to the information contained in the application, the professional psychologist office would now be situated in the detached structure, and the present single family dwelling would be converted to a two unit residence Surrounding land use is residential to the north, east, and west. The Cooper Memorial Library and Central Business District commercial uses are located to the south. The subject property is situated in the R-3 zoning district which permits professional office uses with a conditional use permit. The parking requirement for a professional office is one space for each 200 square feet of office, and the residential use requires two (2) parking spaces. According to the site plan submitted, adequate parking for the proposed uses can be provided on the site. Based upon criteria specified above, the City Staff recommends approval of the Conditional Use Permit with the conditions as outlined in the Commissions packet. At this time Chairman Smythe asked all those present who wished to speak in regard to this case be sworn in. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 6, 1998 Page - 5 - Persons sworn in were Mr. Alexander Dimon, applicant, of 628 W. Minneola Avenue, Clermont, Florida. Mr. Dimon stated that he will comply with all of the conditions outlined and noted that the use would be aloes-volume type use, with no more than two providers in the office. A motion was made by Marilyn MacLauchlin to recommend approval to the City Council as presented by staff, seconded by 3oseph Janusiak, approved by a unanimous vote. 5. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Skytop Inc. and South Lake Hospital GENERAL LOCATION: Parcel generally located north of State Road S0, approximately 1,400 feet east of Citrus Tower Blvd. (aka East Jacks Lake Road). REQUEST: A request for a Conditional Use Permit for a Planned Unit Development to consist of two (2) 18,000 square feet office buildings. Mr. Harker explained that the applicants are requesting a conditional use permiVplanned unit development fora 11.64+/- acre parcel located on the north side of SR 50, approximately 1300 feet east of the intersection with Citrus Tower Boulevard (formerly East Jack's Lake Road). The west portion of the property located in Tract 11 of the Lake Highlands Subdivision will be considered for annexation at the October 27, 1998 City Council meeting. The east portion of the property located in Tract 12 of the Lake Highlands Subdivision is already within the City boundaries. Recommendation of Staff for this request is contingent upon formal approval of the annexation request. Physical location essentially provides the site as a portion of the developing institutionaU professional area locating between North Hancock Road and Citrus Tower Boulevard. Specific location provides the site between SR 50 and the planned reverse frontage road that will parallel SR 50. The proposed project is to be developed in phases. Initially two (2) office buildings will be constructed at the rear of the site. Each building will be two stories in height, and contain approximately 18,000 +/_ square feet of floor area. The site plan provided with this application indicates additional land available for development at the rear of the subject site. No plans for that portion of the site are to be considered as part of this submission, and amendment of the Planned Unit Development will be required at that future date. The requested action is consistent with Future Land Use directives of the City Comprehensive Plan that provides for multi-family/ professional office development to occur along this portion of SR 50. The requested action is compatible with established land use development patterns which CITY OF CLERMONT MINUTES • PLANNING AND ZONING COMMISSION OCTOBER 6, 1998 Page-6- are professional office (Dr. Pinnachio -Total Eye Care), and the Clermont HospitaU Lake - Sumter Community College Campus development that are located adjacent to the site. Based upon compliance with future land use directives of the City, and consistency with established development patterns of the area, Staff recommends approval of the Conditional Use Permit/Planned Unit Development for construction of Professional Offices with the conditions as outlined in the Commissions packet. At this time Chairman Smythe asked all those present who wished to speak in regard to this case be sworn in. Persons sworn in were Rick McCoy, Project Engineer, of 713 West Montrose Street, Clermont, Florida. Mr. McCoy noted that, regarding the requirement for a sidewalk along Highway 50, the property is between the radio tower property and the Citys water tower, hence there will not be a sidewalk on these two parcels unless the City builds them. His client would therefore request that they not be required to build a sidewalk along Highway 50 and would request that the construction of a sidewalk along the reverse frontage road not be required until there are sidewalks installed on either side of this property. Planning Director Harker stated that he would recommend the Commission leave this condition in and let the City Council make any changes they should see fit. Mr. McCoy noted that condition #10 of Section #3 may need to be reworded as the hospitals plans may be changing. Planning Director Harker stated that Staff would work with Mr. McCoy on rewording this condition prior to going to City Council. A motion was made by Bill Rauch to recommend approval to the City Council as presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote. 6. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Greater Construction Corp. GENERAL LOCATION: Property generally lying east and west of Hancock Road, south of S.R. 50. REQUEST: A request for a Conditional Use Permit for a Planned Unit Development to consist of a single family residential subdivision and commercial uses. ! ~ CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 6, 1998 Page-7- Mr. Harker explained that the applicant is requesting a Conditional Use Permit for a Planned Unit Development in R-1 (Urban Residential) and C-2 (General Commercial Business) districts generally located south of S.R. 50 at the intersection of S.R. 50 and Hancock Road. The project will include properties on both the east and west sides of Hancock Road. The Planned Unit Development is proposed to encompass 142 +i- acres of land. Commercial development will occupy approximately 24 +/- acres of the site on both sides of Hancock Road, and will front on both S.R. 50 and Hancock Road. The residential portion of the PUD. will contain approximately 118 acres of land area, and be developed at the rear (south) of the commercial properties, and occur on both sides of Hancock Road. The property on the west side is proposed to have 121 single family units and the property on the east side will provide 179 single family units. Certain lot design standard modifications for rights-of--way width in the west portion of the project, and setback on lots which lie in both areas have also been requested which are as follows: (1) Building setback line to be twenty (20) feet as opposed to twenty-five (25) feet; (2) Rear setback line of twenty (20) feet as opposed to twenty-five (25) feet; and (3) right-of--way width in the portion of the project located to the west of Hancock Road to be fifty (50) feet as opposed to sixty (60) feet. Variance items will, as required by City Code, be addressed by the City Council. Mr. Harker noted that as with the previous agenda item, Condition #10 of Section 3 of the proposed conditions will need to be amended to note that in some areas the permittee will be providing forty (40) feet ofright-of--way and in other areas eighty (80) feet. Again, this will be amended prior to the City Council meeting. Staff recommends approval of the Planned Unit Development subject to the conditions as outlined in the commissions packet. A motion was made by Marilyn MacLauchlin to recommend approval to the City Council as presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote. 7. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Wal-Mart Stores LOCATION: Parcel generally located south of State Road 50, east ofU.S. Highway 27, north of Hook Street and lying both east and west of Grand Highway. REQUEST: A request for a Conditional Use Permit to allow the construction of a 212,839 +!- square foot retail store with a garden center (Wal-mart Supercenter Store) in the C-2 General Commercial District and M-1 Light Industrial District. i ~ CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 6, 1998 Page - 8 - Planning Director Harker noted that subsequent to a transportation meeting held Wednesday, September 30, 1998 it is requested by the City Staff, Jurisdictional Reviewing Departments and Agencies, and representatives of Wal-Mart that request for postponed be provided until the next scheduled public hearing of November. The request is to facilitate review and analysis of final transportation related matters. After a brief discussion by the Commission, it was decided that the November 3 meeting will be held at Jenkins Auditorium at 7:30 p.m. due to the elections. There being no further business the meeting was adjourned. Robert Smythe, Chai an ATTEST: Mimi Ogden, Plann g and Zoning Specialist