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05-05-1998 Regular Meeting• • CITY OF CLF.RMOIVT MINUTES PLANNING AND ZONING COMMISSION MAY 5,1998 The meeting of the Planning & Zoning Commission was called to order Tuesday, May 5, 1998 at 7:00 P.M. by Chairman Robert Smythe. Members present were Joseph Janusiak, Bill Rauch, Marilyn MacLauchlin, Michael Floyd, Joseph Wiebush, Darryl Bishop and Scott Grubbs. Member Keith Mullins was absent. Also attending were Lanny Harker, Director of Planning and Mimi Ogden, Planning and Zoning Specialists NIINUTES of the Planning and Zoning Commission meeting held April 7, 1998 were approved as presented. 1. REQUEST FOR REZONING APPLICANT: KMH General Partnership GENERAL LOCATION: Parcel generally located east of U.S. Highway 27 and south of Steve's Road. LEGAL DESCRIPTION: Tracts 6 and 11 lying southeasterly of Highway of Lake Highlands Company Subdivision, Sec. 32, Twnshp. 22, Rng. 26. REQUEST; Rezoning from UE Urban Estate Residential District to C-2 General Commercial Business District. Mr. Harker explained The subject site, containing 15 +\- acres, is located east of and adjacent to US Highway 27, and south of Lake Wilma and adjacent to Steve's Road. The applicant has requested annexation into the City and subsequent rezoning to a commercial land use. The annexation and rezoning are scheduled for final City Council action on May 28. In accordance with adopted City regulation, all properties annexed into the City of Clermont automatically receive designation as Urban Estate District (UE) upon formal approval for annexation by the City Council. The rezoning request from Urban Estate District (UE) is a separate action which is scheduled to immediately follow the annexation request. The property, as currently designated in Lake County, has an "Urban Expansion" Future Land Use Designation and a C-1 (Neighborhood Commercial) Zoning Classification. The applicant\owner of the property is requesting development as commercial property and rezoning to City C-2 (General Commercial Business District) for the site. The subject site has for the past several years been lying fallow and vacant awaiting some form of urban utilization. At the time of this request no plans have been submitted for specific development of the property. Surrounding land use includes commercial development (Lake County) to the north, and vacant land to the south, east, and west. A large lot, subdivision plan for property located adjacent to Lake Wilma is proceeding through the Site Review process at this time. • CITY OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION MAY 5,1998 Page - 2 - Surrounding zoning of the site is City R-1 (Urban Residential District) to the north, east and south, City R-1-A (CTrban Residential District) across US 27 and Lake County CP (Planned Commercial) to the west. Planning Director Harker further explained that the Lake County Comprehensive Plan indicates the azea to develop in an "urban expansion" land use pattern. However, rezoning to C-2, General Commercial Business District, would not be consistent with approved County land use intensity or zoning directives for future growth and development as presently provided. Recognizing the applicant presently has "vested rights" commercial land use and zoning of the property in accordance with the adopted Lake County Comprehensive Plan, and commercial land use is already established adjacent to the site, the City Staff will recommend approval of the rezoning from UE (Urban Estate District) to CC-1.~Neighborhood Commercial Business District) subject to formal action of the City Council for the requested annexation. A motion was made by Bill Rauch to recommend approval of the rezoning to C-1 to the City Council as presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote. 2. REQUEST FOR REZONING APPLICANT: C. Douglas Kelly, AICP GENERAL LOCATION: Parcel generally located 500 feet north of State Road 50 on the west side of North Hancock Road. LEGAL DESCRIPTION: Portion of Tract 1 of Lake Highlands Company Subdivision, Sec. 28, Twnshp. 22, Rng. 26. REQUEST: Rezoning from RR Rural Residential District to C-2 General Commercial Business District. Planning Director Harker explained that the subject site, containing 5.06 +\- acres, is located north of State Road SO and on the west side of Hancock Road. In accordance with prior City regulation, all properties annexed into the City of Clermont automatically received designation as Rural Residential (RR) upon formal approval for annexation by the City Council. The owner of this site is requesting rezoning to C-2, General Commercial Business District, for the property described above. Surrounding land use is presently undeveloped acreage in all directions: however, the area adjacent to and surrounding the site has been approved as a series of Conditional Use Permit/ Planned Unit Development Projects that include hospitals, colleges, retirement residential communities and single family subdivisions. Each of the above described land uses are in some phase of development review or in preliminary stages of site construction. CITY OF CLERMONT' MINUTES PLANNING AND ZONING COMMISSION MAY 5,1998 Page - 3 - The originally adopted (1991) City Comprehensive Plan indicated commercial development for the commercial node designated to occur around the intersection of SR 50 and Hancock Road. Therefore, rezoning to C-2, General Commercial Business District, would be in conformance with approved directives for future growth and development. Based upon existing development occurring in the area, formally approved projects proceeding through the development process, and consistency with the directives of the approved Comprehensive Plan, Staff recommends approval of the rezoning from RR (Rural Residential) to C-Z (General Commercial Business District). 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. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Magic Moments Learning Center, Inc. LOCATION: 1063 West Desoto Street REQUEST: A request for a Conditional Use Permit to allow the temporary use of a facility as an overflow area for a summer school program, located in the M-1 Industrial District. Mr. Harker explained that the applicant is requesting utilization of the American Legion building and grounds to permit temporary operation of a summer care program during the annual school vacation period. The Amer7can Legion building is located on the southeast corner of Desoto and Eleventh Streets, approximately two (2) blocks west of the permanent care facility. The applicant has requested use of the temporary site from June 1, 1998 through August 10, 1998. A description of the proposed operation has been included for your review and consideration by the applicant. Contained within the Commission information and materials packet is also an approval for use of the site from the representative of the American Legion. Staff finds no difficulty with the proposed use, understanding that it is temporary and not to become an annual agenda item. Therefore, Staff recommends approval of the proposed use with 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. 4 . REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Ralph King LOCATION: 234 Mohawk Road -Lot 2, Clermont Commons • CITY OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION MAY 5,1998 Page-4- Mr. Harker stated that the applicant is requesting a CUP to operate a Montessori School facility in the existing Office~Business Park at Clermont Commons. The City Council previously granted use of the site for the School for a period of one (1) year in 1997 (Resolution #953). The applicant is now requesting an additional one (1) year and modification to the original approval for program expansion. Essentially, the request is for enlargement of the existing operation from 20 students to a maximum of 42 children, and expansion of operational space from 1,025 square feet to 3,000 square feet. Teaching staff is to include one new preschool teacher and an assistant to meet requirements of that program. The subject site is situated on Lot 2 of the park which is approximately 200 feet north of the intersection of the two (2) Mohawk Roads. The property is presently zoned M-1 which with approval of a Conditional Use Permit (CUP) allows location of a school use. According to materials submitted with the application the school is to accommodate grades one through six (1-6), and have a maximum of forty-two (42) students. Staff is to consist of one (1) elementary teacher and one (1)primary-kindergarten teacher, each is to be provided with a teachers aide. Hours of operation will be from 8:00 AM to 3:30 PM, Monday through Friday. Before and after school care is also being offered as part of the school program. Land uses of the surrounding area include the business\professional park and residential to the north and west, residential to the east, and industrial uses to the south. The Future Land Use District designation ((JD-5) and Future Land Use Map category (Industrial) will not be adversely affected by the request for the proposed use. Based upon consistency with the adopted City Zoning Regulations and Comprehensive Plan directives, Staff recommends approval of the Montessori school facility with the conditions as outlined in the Commissions packet. 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. 5. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Renee Lowe LOCATION: 1001 East Avenue REQUEST: A request for a Conditional Use Permit to allow the operation of a daycare, located in the R-3-A Residential/Professional District. .~~ ~ . CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MAY 5,1998 Page - 5 - Mr. Harker explained that the applicant is requesting a Conditional Use Permit for a day care facility to be located at the above described location. The subject site is the located on east side of East Avenue approximately 200 feet north of the intersection of Highland and East Avenues. It is to be operated from the location of the former Becker Limousine Business. The applicant is requesting operation of an infant child care center. Ages are to range from six weeks of age to three years of age. The total capacity proposed for the business is twenty (20) children. A total of 3 to 4 Staff personnel are proposed for the infant care operation. Existing land uses surrounding the site include residential to the north; residential and professional office to the south, professional office and commercial to the southwest; and Bishop Field baseball facility to the west. Surrounding zoning is R-2 (Medium Density Residential) to the north, R-3-A (Residential/ professional District) to the southeast, and C-1 (Neighborhood Commercial) and C-2 (General Commercial) to the southwest and the west. Staff will recommend approval of the use based upon demonstrated consistency with required zoning district classification, future land use district and land use map designations, and cognizance of the transitional land use occurring in the area . Approval of the proposed use is conditioned upon compliance with the conditions as stated 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. There being no further business the meeting was adjourned Robert Smythe, Cha' man ATTEST: ;' Mimi gden, Planning nd Zoning pecialist