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12-02-1997 Regular Meeting` • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION DECEMBER 2, 1997 The meeting of the Planning & Zoning Commission was called to order Tuesday, December 2, 1997 at 7:00 P.M. by Vice-Chairman Joseph Wiebush. Members present were Keith Mullins, Joseph Janusiak, Marilyn MacLauchlin, Darryl Bishop and Bill Rauch. Members absent were Michael Floyd and Robert Smythe. Also attending were Lanny Harker, Director of Planning, Barry Brown, Principal Planner and Mimi Ogden, Planning Technician. MINUTES of the Planning and Zoning Commission meeting held November 4, 1997 were approved as presented. 1. REQUEST FOR REZONING APPLICANT: Jaymark Builders and Developers, Inc. LEGAL DESCRIPTION: A portion of Tracts 1, 2, 3, 15, 16, 17 and 18 of Lake Highlands Sec. 20, Twnshp. 22, Rng. 26. GENERAL LOCATION: Parcel generally located northeasterly of the intersection of North Ridge Blvd. And East Jacks Lake Road. REQUEST: Rezoning from RR Rural Residential to R-1 Urban Residential District. Mr. Harker explained that the subject site, containing 39.94+\- acres, is located northeast of the existing Northridge Subdivision, and northeast of the intersection of East Jack's Lake Road and Northridge Boulevard. 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. The property was historically utilized as a citrus grove but since the killing freezes of the 1980's that form of agricultural use was terminated and the site was converted to accommodate cattle grazing. The current agricultural use was intended as amid-term measure while awaiting an urban form of land use. The scenario for rezoning and development that has been approved by the City Council for various adjoining properties has been a modified R-lA Zoning Category (10,000 sq. ft. lots). A number of predevelopment agreements were executed to permit the larger lot, lake side development. Essentially, East Jack's Lake Road and North Ridge Boulevard were delineated as the diving line between larger lot development, and surrounding areas proposed for smaller lot construction. Existing land use of surrounding properties shows residential to the west and northwest, and vacant/agriculture property to the east and south. Existing zoning is RR to the north ,east, and west and R-1 (modified R-1 A) to the south and southwest. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION DECEMBER 2, 1997 Page-2- The City Comprehensive Plan and zoning of adjacent property indicates a residential expansion pattern for the area. The applicant has indicated future development as residential. Based upon consistency with the approved Comprehensive Plans of the City and County, Staff recommends approval of the rezoning from RR (Rural Residential District) to R-1 (Urban Residential District}. At this time Vice-Chairman Wiebush asked all those present who wished to speak in regard to this case be sworn in. There was no one present who wished to speak in regard to this case. 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. 2. REQUEST FOR REZONING APPLICANT: Tony Hubbard LEGAL DESCRIPTION: Lots 7, 8, 9, 10, 11 and 27 of the Summitt Subdivision GENERAL LOCATION: Parcel located at the southeast corner of Highway 50 and Hunt Street REQUEST: Rezoning from UE, Urban Estate to R-3 ResidentiaVProfessional District. Planning Director Harker explained that the subject site, containing approximately .bb +\- acres, is located at the intersection of SR 50 and Gilbert Street directly south of East Jacks Lake Road. At the time property is annexed into the City of Clermont it automatically receives designation as Urban Estate (IJE) which requires a one (1) acre lot size. The owner of this site is requesting rezoning to R-3, ResidentiaU Professional District, for the property described above. The property currently has an existing professional building located on the site. The office was developed in the County and the owner now wishes to be located within the City. Existing land use of surrounding properties shows SR 50 to the north, City utility (new lift station) and residential to the south, vacant and County commercial property to the west and vacant property to the east. The County Comprehensive Plan indicates this and surrounding sites as Urban Expansion area which permits commercial, professional office and other related uses. Future planning for the City would indicate the same forms of land uses to occur in the area. Based upon consistency with the approved Comprehensive Plans of the City and County, Staff recommends approval of the rezoning from UE (Urban Estate District) to R-3 (ResidentiaV Professional District). At this time Vice-Chairman Wiebush asked all those present who wished to speak in regard to this case be sworn in. There was no one present who wished to speak in regard to this case. -_ J u CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION DECEMBER 2, 1997 Page - 3 - 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: Community Care and Rehabilitation Center, Inc. OWNER: Thompson-Homan Investment Group LOCATION: 347 and 349 North Highway 27 REQUEST: Amendment of Resolution 911 to continue to allow the temporary operation of a rehabilitation center and adult day caze for an additional two (2) yeazs. Mr. Harker explained that the applicant is requesting a Conditional Use Permit to amend Resolution 911 to continue to allow the temporary operation of a community Gaze and rehabilitation center service in the commercial portion of the Edgewood Lake Planned Unit Development. The proposed use would be situated in a portion of the professional office building located at the southeast corner of the frontage road and Division Street (Lot 49). The business includes uses previously approved in June 1996 for the rehabilitation center and adult care facility to be located on the northwest corner of Seventh Street and Desoto Street. The proposed project was described to include speech pathology, occupational therapy, physical therapy and day time supervision for adults that would require such a service. Previous application and approval indicated the Desoto Street structure to formally house the business in the Central Business District (CBD) would be completed within a period of a year. However, the request today is to allow an extension at the temporary location until final accommodation can be constructed. It should be noted the business has effectively functioned at the present location without inconvenience to clients or adjacent tenants for the past year. Surrounding zoning for the temporary facility includes C-2 (General Commercial Business) to the north, south, and east, and R-3 (ResidentiaVProfessional Office) to the west. Surrounding land use includes commerciaUprofessional office uses to the north and south, multi- family residential to the west, and US 2? and vacant commercial property to the east. The proposed request is in conformance with directives of the adopted comprehensive plan which allows commercial and professional office uses in this area of the City. Therefore, based upon consistency with existing land use, zoning, and comprehensive plan directives, Staff recommends approval of the extension of the temporary use with the following conditions: • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION DECEMBER 2,1997 Page - 4 - 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and/or successors in title or interest. 2. The property may utilized for the proposed use for a period of (2) years from the date of formal grant by the City Council. 3. No further expansion of the temporary use shall be permitted except as approved by another Conditional Use Permit. 4. The permittee shall retain appropriate approvals from all necessary regulatory agencies for the facility. 5. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by Resolution. A motion was made by Joseph Janusiak to recommend approval to the City Council as presented by staff, seconded by Marilyn MacLauchlin, approved by a unanimous vote. 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT:. South Lake Hospital GENERAL LOCATION: Parcel generally located on the east side of East Jack's Lake Road, approximately 1320 feet north of State Road 50. REQUEST: A request for a Conditional Use Permit for a Planned Unit Development to allow the construction of a 68 bed Hospital facility. The facility will include a full range of health care services including intensive and progressive care units, extended care unit, inpatient and outpatient surgical services. Future phases will include additional medical offices and facilities for rehabilitation, community education, fitness, and indoor and outdoor recreational endeavors. Mr. Harker explained that the applicant is requesting a Planned Unit Development for approximately sixty (60) acres of property to include the above referenced uses. The property is located in the (R-R) Rural Residential Zoning District. In addition to the uses specified, the applicant will be requesting a height variance from the City Council. The variance will be to allow a height of sixty (60) feet as opposed to the thirty-five (35) feet presently permitted by City Code. Essentially, the applicant is applying a second time for the hospital use due to a time lapse for commencement of construction. The original application was approved by the City in October 1996. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION DECEMBER 2,1997 Page - 5 - The surrounding land uses are presently vacant properties in all directions. Surrounding zoning is presently (RR) Rural Residential in all directions. The Future Land Use District designation for the site and adjacent properties is UD-5 (Undeveloped District-5), which permits various forms of Planned Unit Developments to be accommodated in this expanding area of the City. The proposed request is also consistent the adopted Comprehensive Plan Land Use Map which provides for institutional uses to be located at this site. Therefore, Staff recommends approval subject to 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 A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT APPLICANT: Lennar Active Adult Communities LOCATION: Parcel generally located east of U.S. Highway 27 and south of State Road 50, lying adjacent to and north of Hartwood Marsh Road. REQUEST: A request for a Conditional Use Permit for a Planned Unit Development to consist of single family residential, multi-family residential, commercial and professional office uses. The proposed project is a private, "gated" age restricted community on 905+J- acres of land. At this time Mr. Harker stated that he would like to allow Marshall Ames, Regional President of Lennar Homes to give the Commission a brief synopsis of the two communities. Mr. Ames introduced to the Commission several other representatives of Lennar that were also in attendance. Mr. Ames displayed a map depicting the area the encompasses the Kings Ridge project and gave a brief history of the project, noting that they had entered into an annexation agreement with the City of Clermont prior to them purchasing the property. The City then accepted the PUD approved by Lake County. Mr. Ames noted that in October the Regional Planning Council recommended approval of the DRI known as Kings Ridge which also encompasses the property on the west side of Highway 27 known as the Legends. Mr. Ames noted that he would like to review with the Commission those points within the PUD that would be variances or atypical from the normal requirements of the City of Clermont. • ! CITY OF CLF.,RMONT MINUTES PLANNING AND ZONING COMMISSION DECEMBER 2, 1997 Page-6- 1. Neighborhood commercial property, that is part of the existing PUD, be expanded from 90,000 s.f. to 120,000 s.f. 2. The area previously designated as a 40 acre professional office pazk site has been reduced to a 22 acre site. 3. Have asked that the work week be extended to six days rather than five. 4. Prospects will be invited to the community and stay, on short term visits, in homes and villas within the community. This will not be a timeshare program. 5. Wish to provide up to 15% of the community to be multi-family. 6. Building height limit of 42 feet rather than 35 feet. 7. Allow anopen-air market up to once a week. 8. Also anticipate building a boat dock for resident use on Lake Felter. Planning Director Harker explained that the conditions as presented to the Commission do have some minor composition errors and some areas that will need to be clarified to be more specific. Staff recommends approval of the Planned Unit Development with the conditions as outlined in the Commissions packets. Mr. Ames further explained that atwenty-five acre site has been reserved for a school, right-of- way has been dedicated to extend Hancock Road from the north to Hartwood Marsh Road. Lennar has been asked and has agreed to expand the right-of--way on Hartwood Marsh, we have been asked by Staff and have agreed to dedicate a one (1) acre site, to be conveyed in exchange for impact fee credits, for a fire and police sub-station, and to build for the City at Lennazs cost plus a 10% management fee, a 2,500 s.f. fire and police sub-station on that site, again to be compensated not in case, but in impact fee credits. Member Keith Mullins asked Mr. Ames if the entire development would be age restricted. Mr. Ames stated that it is their plan, at the present time, to do all of Kings Ridge as an age restricted community, with the exception of the parcel east of Hancock Road which they are still debating if this will be age restricted or not. However, Lennar does have the ability to not do the entire community as age restricted. Mr. Ames further noted that the Annexation Agreement with the City of Clermont gave Lennar Homes certain allowances for deviation from the Citys standard development requirements within the gated communities. In those areas where public street communities are developed the Citys requirements will be met. A motion was made by Marilyn MacLauchlin to recommend approval to the City Council as presented b~ staff: seconded by Bill Rauch, approved by a unanimous vote. CITY OF CLERMON7' MINUTES PLANNING AND ZONING COMMISSION DECEMBER 2, 1997 Page - 7 - 6. REQUEST FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT APPLICANT: Lennaz Active Adult Communities LOCATION: Parcel generally located west of U.S. Highway 27 and south of State Road S0, lying adjacent to and north of the Vistas Subdivision. REQUEST: A request for a Conditional Use Permit for a Planned Unit Development to allow the construction of a private, "gated" residential community on 404+/- acres of land. Marshall Ames of Lennar Homes explained that this community is directly across U.S. Highway 27 from the previous site. This PUD was originally approved by Lake County as Lake Louisa PUD. It has now been annexed into the City of Clermont. As these properties, both east and west of Highway 27, are both owned by the same people, the laws of the State of Florida require them to be aggregated and be a part of the same DRI. Lennaz is now requesting the same land use and density as originally approved in the PUD when the property was in the county. Mr. Ames noted that it is envisioned that this will be a gated community, this is not anticipated to be an age restricted community, however, it is anticipated to be an adult oriented community by the natwe of the product, the maintenance and the sizes of the homes. Lennar is anticipating that this community will be mostly comprised of empty-nesters and retirees. Lennaz is requesting the following: 1. Private roads. 2. Single gated entry. 3. No more than 50% of the lots to be permitted to be 7,475 square feet, 65' wide by 115' deep, rather than the normal 7, 500 square foot being 75' by 100'. 4. Where the lots abut one another the rear yard setback shall be 25'. Where the lot is on a golf course or other open space the rear yard setback shall be 15'. 5. Entry signs be allowed to be up to ten (10) feet in height. Request neighborhood entry signs to be eight (8) feet in height. 6. Request sidewalks be allowed to be three (3) feet wide rather than five (5) feet wide to discourage the use of golf cares on the sidewalks. 7. Wish to build up to five (5) model homes prior to the formal plat being accepted. Planning Director Harker again noted that there are again some minor composition errors and some areas that will need to be clarified to be more specific. Staff recommends approval of the Planned Unit Development with the conditions as outlined in the Commissions packets. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION DECEMBER 2, 1997 Page-8- A motion was made by Keith Mullins 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. Josep Wiebush, Vice-Chairman ATTEST: r Mimi gden, Ptannmg chnician