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10-01-1996 Regular Meeting CCIY OF CLF.RMONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 1, 1996 The meeting of the Planning & Zoning Commission was called to order Tuesday, October 1, 1996 at 7:00 P.M. by Chairman Robert Smythe. Members present were Joseph Janusiak, Keith Mullins, James Brown, Darryl Bishop, Marilyn MacLauchlin and Bill Rauch. Member Joseph Wiebush was absent. Also attending were Lanny Harker, Director of Planning and Mimi Shaw Ogden, Planning Technician. MINUTES of the Planning and Zoning Commission meeting held September 3, 1996 were approved as presented. 1. REQUEST FOR REZONING APPLICANT: Chester C. Fosgate Company, Ina LEGAL DESCRIPTION: A portion of Tracts 31 and 32, Lake Highlands Company Subdivision, Sec. 20, Twnshp. 22, Rng. 26. GENERAL LOCATION: Parcel generally located approxunately 3,960 feet east of Grand Highway and 3,960 feet north of SR 50. REQUEST: Rezoning from RR Rural Residential to R-1 Urban Residential District. Planning Director Harker explained that the subject site, containing 16.27+\- acres, is located east of the existing Northridge Subdivision. At the time the property was annexed into the City of Clermont it automatically received designation as Rural Residential (RR) which required a one (1) acre lot size. The owner of this site is requesting rezoning to R-1, Urban Residential District, for the property described above. However, modification of the R-1 to include certain R-1-A specifications, similar to the Northridge Subdivision development scenario, has been requested. 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 a mid-term measure while awaiting an urban form of land use. Discussion with the applicant has occurred concerning development in the same manner as the Northridge Subdivision where larger lot (R-1-A, lot size and frontage) platting would occur. The applicant has requested entering a predevelopment agreement with the City where lot requirements would minor those of the Northridge Subdivision. This scenario for rezoning and development has been approved by the City Council for various adjoining properties in recent meetings (i.e., Critendon, Brockie/Ayres). In order to maintain continuity with the existing and recently approved development pattern for this area, prudent planning would indicate a predevelopment agreement should be executed. Existing land use of surrounding properties shows residential to the west (Northridge Subdivision), and vacant/agriculture to the east, north and south. The City __ ; ___ ~ • Q7YOF ClB!?MONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 1, 1996 Page - 2 - Comprehensive Plan and zoning of adjacent property indicates a residential expansion pattern for the area. The applicant has indicated future development as residential. Mr. Harker further stated that 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) subject to formal execution of a predevelopment agreement. 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 Elaine Vick of 1533 Kalooso Drive, Winter Garden, Florida. A motion was made by Bill Rauch to recommend approval of this rezoning to the City Council, seconded by Joseph Janusiak and approved by a unanimous vote. Chairman Smythe noted that the applicant for agenda item #2 was not present at this time, the Commission would therefore hear agenda item #3. 3. 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 S0. 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 stated 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 (RR) 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. The surrounding land uses are presently vacant properties in all directions. Surrounding zoning is presently (RR) Rural Residential in all directions. _____ _ __ CC1Y OF CIBRMONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 1, 1996 Page - 3 - 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 packets. 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. Shannon Elswick, CEO of South Lake Hospital, 9021 Mossy Oak Lane, Clermont, Florida. Mr. Elswick noted that he has had meetings with City Staff and he has no problem with any of the conditions recommended. Mr. Elswick gave a brief synopsis of the project, noting that the height limit of sixty (60) feet would be absolutely worse case scenario, and in fact the height of the building will probably be somewhere between 42 to 50 feet in height. However, design of the building is still in process at this time. A motion was made by Marilyn Macl.auchlin to recommend approval to the City Council as presented by staff, seconded by Joseph Janusiak and approved by a unanimous vote. 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Ken Norquist GENERAL LOCATION: Property generally located at the southwesterly and northwesterly intersection of West Avenue and closed Osceola Street and parcel north of said closed Osceola Street bounded on the north by Lake Minneola. REQUEST: To amend Resolution No. 877 to allow commercial construction and placement of a railroad car replica for banquet and meeting uses, to allow permanent open air sales for vegetable and landscape sales, and to relinquish the professional office use, located in the C-1 Light Commercial District. Mr. Harker explained that the subject site is the existing railroad station property located at the northwest corner of the intersection of West Avenue and Osceola Street, and the adjacent waterfront property located directly north of the railroad depot. Historically the original Conditional Use Permit (Resolution #671) was granted to allow the conversion of the train depot into a restaurant. Q7YOF CI~3!?MONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 1, 1996 Page - 4 - Resolution #716 amended Resolution #671 to include placement of a train caboose on the site which was permitted for use as a business office. Resolution #823 amended Resolution #716 to permit a portion of the depot for use as a temporary residential unit in coordination with the previously permitted restaurant. Resolution #862 amended Resolution #823 to add the lake front property, permit temporary parking on the paved portion of the acquired property, retained the take-out restaurant and office facility, and rescinded the request for the temporary single family residential use. Resolution #877 amended Resolution #862 to add construction of a roofed deck adjacent to the e~dsting depot, provided construction of a covered observation deck on Lake Minneola, and permitted retail sales in a portion of the existing depot. Mr. Harker further explained that the present amendment requests commercial construction and placement of a railroad car replica for banquet and meeting uses, to allow permanent open air sales for vegetable and landscape sales, and to relinquish the professional office use. The overall concept and location of uses intended are displayed on the site plan provided. All requested uses indicated on the plan are customary for commercial district land use, and consistent with existing commercial business presently located in the general area. The phasing and scale of uses in coordination with provision of permanent parking, landscaping, stormwater abatement and other required improvements shall be accomplished by the applicant prior to operation of the use(s) requested. Essentially, the scenario for development will chronologically follow the pattern of initial Conditional Use Approval and subsequent amendments thereto, as indicated in the previous paragraphs above. Based upon the series of previously approved Conditional Use Permits which granted uses consistent with this amendment request, staff recommends approval of the Conditional Use Permit with the following conditions: 1. Approval of the proposed uses shall be conditioned upon compliance with all previous conditions specified in Resolutions #671, #716, #823, #862 and #877, respectively. 2. The previously permitted use for professional offices (Resolution #862) is null and void. C17Y OF CZBRMONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 1, 1996 Page - 5 - 3. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns andlor successors in title or interest. 4. The property shall be developed in substantial accordance with an approved site plan incorporating all conditions of this amended Conditional Use Permit. Said plans shall be submitted for review and approval of the City Site Review Committee prior to commencement of any development activity on the site for the proposed use(s), and authorization and issuance of any development permits. 5. Verification of the stormwater run-off data, assumption & calculations shall be provided and approved by the City Engineer and St. John's River Water Management District prior to any development activity for the proposed use(s). Positive outfall for stormwater shall be provided as approved by the City Engineer. 6. A St. John's River Water Management District stormwater permit pertinent to the proposed use(s) shall be required and filed with the City prior to receipt of a building permit or any development activity on the site. 7. All inspection costs will be borne by the applicant. This shall include final inspection and ongoing random inspections for compliance with Conditional Use Permits conditions. 8. The developer shall be responsble for the cost of all required on-site and off site infrastructure improvements necessitated by impacts of the project. 9. The railroad car replica shall meet all commercial building codes, standards, and life safety requirements for commercial constructed buildings as required by the appropriate regulatory agencies, such as but not limited to, NFPA, SBCCI, and Lake County. Prior to placement, construction, and operation of any of the proposed use(s), the permittee/developer shall secure and provide all applicable licenses and permits from appropriate regulatory agencies. 10. The temporary parking area permitted by Resolutions #862 and #877 may continue to be utilized until such time as the proposed rail trail is completed adjacent to the subject property, or until such time as construction and operation of use(s) permitted by this Conditional Use Permit amendment warrant provision of required permanent parking, whichever occurs first. Specifically, in the event the rail trail is the primary improvement completed, the applicant shall remove the existing asphalt from the "temporary" parking azea and provide permanent parking in accordance with requirements of adopted City Code. CL7YOF ClJ4l?MONT MINUTES • PLANNING AND ZONING COMMISSION OCTOBER 1, 1996 Page-6- 11. This permit shall become null and void if business operation has not begun within one (1) year from formal date of grant by 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 Ken Norquist of 1932 Lakeshore Drive, Clermont, Florida. Mr. Norquist explained that his intent is to help preserve this area of Clermont and his hope is that this will become a destination for many people to come spend the day and further gave a brief synopsis of his proposed project. A motion was made by James Brown to recommend approval of this Conditional Use Permit to the City Council, seconded by Keith Mullins and approved by a unanimous vote. There being no further business the meeting was adjourned. ! ~' _~ i Robert Smythe, Cha; an ATTEST: Mimi Shaw Ogden, Planning Technician