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11-13-2009 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION November 3, 2009 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday November 3, 2009 at 7:02 p.m. by Chairman David Pape. Other members present were Bill Banzhaf, Bernadette Dubuss, Robert Boyatt, Nick Jones, Bill Gray, Robert Loyko, Judy Proli and Cuqui Whitehead. Also in attendance were Darren Gray, Assistant City Manager, Jim Hitt, Planning Director, Curt Henschel, City Planner, Barbara Hollerand, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held October 6, 2009 were approved as written. REPORTS Planning Director Jim Hitt stated that the City received its Evaluation Appraisal Report and the City has been found in compliance. He said we now have the new Comprehensive Plan, new EAR and are now working on the water supply plan. 1. REQUEST FOR A CONDITIONAL USE PERMIT OWNER: James Gant APPLICANT: Jennifer Sajdak and Sharon Medlin PROJECT NAME: Happy Hearts Academy REQUESTED ACTION: Request for a CUP to allow a daycare facility in the R-3-A (Residential/Professional) Zoning District. LOCATION: 176 East Highland Ave. EXISTING LAND USE: Professional Office FUTURE LAND USE DISTRICT: Office EXISTING ZONING: R-3-A (Residential/Professional) City planner Curt Henschel stated that the applicant is requesting a conditional use permit to allow a childcare center within the R-3-A (Residential/Professional) zoning district. He stated that childcare centers are designated as a conditional use within the R-3-A zoning district. Mr. Henschel stated that the applicant is proposing to occupy a 1,600 square foot building that could easily handle 20-plus children. He stated that the applicant is targeting pre-school aged children in the 3- 4age group. He stated that the applicant believes the business will provide a needed service to working parents within the area. Hours of operation are expected to be from 6:30 a.m. to 6:00 p.m., Monday through Friday. Mr. Henschel stated that staff believes this area is right for this type of development, and recommends approval of the request for a conditional use permit to allow a children's day care center on this R-3-A (Residential/Professional) zoned parcel. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 3, 2009 Page 2 Commissioner Whitehead moved to approve the request for the conditional use permit, seconded by Commissioner Dubuss. The vote was unanimous to recommend for approval to City Council. 2. REQUEST FOR A CONDITIONAL USE PERMIT PROJECT: Lost Lake Reserve OWNER/APPLICANT: Lost Lake Reserve LLC (John Percy, w/ Glatting Jackson) REQUESTED ACTION: Request for an amendment to a Conditional Use Permit (CUP Res. No. 1294) to re-designate allowable uses for Parcel C within the PUD zoning district. LOCATION: Southwest of Citrus Tower Blvd. and Steve's Road (for affected location) SIZE OF PROJECT: 423.54 acres +/- EXISTING ZONING: PUD (Planned Unit Development) EXISTING LAND USE: Vacant (for affected location) FUTURE LAND USE DESIGNATION: Master Flanned Development Planning director Jim Hitt stated that the applicant is requesting an amendment to the Conditional Use Permit (Resolution No. 1294) to re-designate the allowable uses within Parcel C and identify transportation improvements required for the development. Mr. Hitt stated that Parcel C currently consists of 37.18 acres and has an allowed use of up to 197 single family homes. He stated that the applicant has proposed splitting Parcel C into two parcels, C1 and C2. He stated that Parcel C 1 is 20.77 acres and is proposed to be donated to the Real Life Christian Church for a deed restriction allowing for only park and open space uses. He stated that Parcel C2 is 16.41 acres and is adjacent to the existing apartments (The Vistas). It will accommodate the original density (12 dwelling units per acre), all from the original Parcel C, for 192 units for apartments. Mr. Hitt stated that this CUP is also reflective of DRI/NOPC (Development of Regional Impact/Notice of Proposed Change) that has been reviewed by DCA (Department of Community Affairs). He stated that the NOPC will be made part of the CUP by reference. Mr. Hitt stated that in addition to the change to Parcel "C" to Parcels "C1" and "C2", the applicant is also obligated to: 1) Pay for the traffic signal at Citrus Tower Blvd. and Steve's Road; 2) Landscape and maintain the Citrus Tower Blvd. median from Steve's Road to John's Lake Road. Mr. Hitt stated that staff recommends approval of this request for a CUP amendment, coinciding with the DRI/NOPC and the changes to Parcel C being divided into park and apartment uses. He stated that some clarification and changes to the CUP are indicated with an underline (other than the Section headings). Robin Richards, 2646 Eagle Lake Dr., stated that there are a lot of issues in that area without the ball fields being there. She stated that there are already noise issues in that area with the trucks coming City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 3, 2009 Page 3 down the road. She stated that lights being on at the ball field will be a problem. She stated that the kids from the school will park in the apartment complex and when school lets out they will drive 50 mph through their housing development. She stated that the noise is unbearable in that area without adding the ball fields and more apartments. Catherine Bohusz, 2450 View Ridge Way, stated that she is within 150 feet of the project and she does not want ball field lights in her front yard. She stated that she does not find this consistent with the plan that was in place when they bought their property. She stated that the next meeting is going to be the week of Thanksgiving and does not feel that is a good time to hear this item because a lot of families will be away for the holidays. She stated that her request is to have this item denied. Robert Gapin, 2690 Eagle Lake Dr., stated they have not had enough time to consult with other people who did not receive notifications. He stated that when he bought his home he was told that Citrus Tower Blvd. was not a commercial road and they did not know it would be continued all the way to Highway 27. He stated that he can't enjoy his home because of all the noise and dirt in the area. He stated he does not agree with the next meeting being the week of Thanksgiving. Commissioner Proli stated that she would recommend tabling this item to give the neighbors more time to review this project. John Percy stated that they are empathetic with many of the concerns. He stated they are agreeable to tabling the action if that helps. Commissioner Proli moved to table the request to December 1, 2009; seconded by Commissioner Whitehead. The vote was unanimous to table this item. 3. REQUEST FOR A SMALL SCALE AMENDMENT REQUEST: Small Scale Comp Plan Amendment -Ord. No. 630-M PROJECT NAME: Jayne Property OWNER: Victoria Jayne James Trust, William Henry Jayne Trust APPLICANT: LPG Urban and Regional Planners PARCEL SIZE: 9.9 acres +/- LOCATION: East of US 27, north of SR 50, west of Omar Street, south of South Lake Forest Subdivision. EXISTING LAND USE: Vacant EXISTING FUTURE LAND USE: Lake County Urban EXISTING ZONING: Lake County Agriculture (becomes Urban Estate upon annexation) City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 3, 2009 Page 4 City planner Barbara Hollerand stated that this next item is a request for asmall-scale comprehensive plan amendment for the Jayne property. She stated that the property is north of S.R. 50, east of U.S. 27, west of Omar Street, south of South Lake Forest subdivision. Ms. Hollerand stated that the vacant 9.9 acre property is owned by the Victoria Jayne James Trust and the William Henry Jayne Trust. LPG Urban and Regional Planners is the applicant. She stated that the property will be considered for annexation by the City Council Nov. 24. Ms. Hollerand stated that the request is for asmall-scale comprehensive plan amendment to change the Future Land Use from Lake County Urban to Commercial in the City. She stated that the property currently has Agriculture zoning in Lake County, but that would default to Urban Estate zoning in the City upon annexation. Ms. Hollerand stated that the site is well served by the transportation network with a signalized intersection at Sandhill View Boulevard. City water and sewer are available to serve the site. Ms. Hollerand stated that the subject property is contiguous to the City on its northern, southern and eastern sides. She stated that it is directly south of South Lake Forest subdivision, a part of the Jack's Lake Planned Unit Development. She stated that to the south are the commercial uses of Sandhill Commons commercial center. She stated that to the property's east is an office in the City limits as well as unincorporated vacant property and to the west is property also owned by the subject property's owners. She stated that it is the intention of the owners to annex their adjacent property at a future date and to develop the property as one unified project. Ms. Hollerand stated that the development plans are not finalized at this time. She stated that the applicant is working with the owners to develop a site plan to submit with an application for a conditional use permit and an application for C-2 zoning. Ms. Hollerand stated that this property qualifies for the small-scale comprehensive plan amendment process and will not be reviewed by the Florida Department of Community Affairs or the reviewing agencies. She stated that it will be final 31 days after adoption. She stated that no text changes to the comprehensive plan are required. Ms. Hollerand stated that upon annexation of this property, it is appropriate to assign a City future land use of commercial. Ms. Hollerand stated that staff recommends approval of the Future Land Use Map change. Commissioner Whitehead moved to approve the request for the small scale comp plan amendment, seconded by Commissioner Gray. The vote was unanimous to recommend for approval to City Council. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 3, 2009 Page 5 4. REQUEST FOR LDC AMENDMENT APPLICANT: Administrative REQUESTED ACTION: Request to amend the Land Development Code to add Adult Entertainment Code. Assistant City Manager Darren Gray stated that the Federal and State Courts have applied the constitutionally protected right to free speech to adult businesses. He stated that counties and cities can regulate how and where they operate, but they can't prohibit them entirely. He stated there are no applications for these types of businesses at this time within the city. He stated that the proposal will put in regulations such as when, where and how they can operate. He stated that the city will join other local governments such as Lake County and City of Minneola who have adopted similar adult business regulations. He stated that City of Clermont's current Ordinances and zoning do not identify nor allow for adult businesses in any areas of the city. He stated that if successfully challenged in court, a judge possibly could determine where businesses could operate. He stated that the plan will restrict adult businesses in 4 industrial zoned areas. He stated that Clermont Commons, a project located in one of these areas, has not proposed any adult businesses in their development plans. He stated other areas of the proposal would restrict everything from what type of signs, will prohibit the sale of alcohol and nude performances. He stated that the establishment would not be allowed to operate within 1500 feet of existing churches, schools, parks and homes. He stated that it would also require adult businesses to go through the Conditional Use Permit process before being allowed to open their business. Planning Director Jim Hitt stated that Ordinance No. 374-C is a Land Development Code amendment for the Clermont Adult Entertainment Code. He stated that this ordinance amends the Land Development Code adding requirements and regulations regarding the placement of this type of business. Mr. Hitt stated that in October the Planning & Zoning Commission reviewed Ordinance No. 370-C which incorporates definitions and designates the M-1 Industrial zoning district for Adult Entertainment uses. He stated that this Ordinance will be presented to Council incorporating these uses as a conditional use instead of permitted use. Mr. Hitt stated that Ordinance No. 374-C contains the regulations needed for these types of uses. He stated that the ordinance creates a new Chapter 95 Adult Entertainment Code and creates general requirements; criminal penalties and prohibited acts; enforcement; and injunctive relief. Mr. Hitt stated the City Attorney and staff have reviewed these requirements and believe they will enable the City to control and regulate these uses in accordance with the law while protecting the citizens as best as possible. Mr. Hitt stated that staff recommends approval of Ordinance No.374-C, Clermont Adult Entertainment Code. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 3, 2009 Page 6 Commissioner Banzhaf asked for the requirements for the city to have this ordinance. City Attorney Dan Mantzaris stated that adult entertainment establishments have been given protection under the constitutional right for free speech. He stated that municipalities can't prohibit them but they can regulate them. He stated that what they have put together is essentially the most regulation they feel is defensible in the event there is a challenge to the ordinance. He stated that the problem the City of Clermont is in is the city does not have any regulations related to adult entertainment. He stated that if you do not have any regulatory ordinances in place then you can not prohibit or regulate them. Board member Dubuss stated that unfortunately there are times when we are obligated to uphold the law that we do not agree with. Board member Boyatt asked if they need to designate and regulate an area to keep someone from litigating against the city to put that type of establishment next to somewhere like Burger King. Mr. Mantzaris stated that there are two issues associated with the ordinance, one being the zoning which has been addressed. He stated that these types of establishments can fall into two or three different types of establishments. He stated that an example is an adult book store. In the general scheme of an adult book store, it is no different under today's ordinances than any other book store. He stated that this means an adult book store could be considered like any other book store and can open up ire any location that allows retail sales. Board member Jones stated that it would be ideal if they could be adult entertainment free. He stated that legally he does not see how they can do that. Mr. Mantzaris stated that there is a risk to the city to go that route. He stated that most of the provisions that have been included in this ordinance have been litigated and tested. Board member Loyko stated that the 1500 feet limitations would be restrictive enough, and he feels it will be challenged the most. Board member Proli stated that she does not want any adult entertainment in this area. She stated she wants the regulations to state that there will be no liquor and no nudity. Board member Whitehead stated that they need to get this approved. Chris Bender, 10438 Carlson Circle, is concerned about the areas proposed and the type of signage allowed. Eric Palmer, 1774 Vale Drive, feels it should be like Orange County's ordinance set at 2500 feet from schools. He is concerned that additional crime that seems to follow these types of businesses. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 3, 2009 Page 7 Terrie Reitz, 734 S. Grand Highway, is concerned with the 1500 feet when the State of Florida allows 2500 feet for these establishments to be located near child facilities. Joseph Zagame., 230 Mohawk Rd., stated that his family developed Clermont Commons and they retain the majority ownership in Clermont Commons. He stated that he opposes this adult business overlay and did not ask to be a part of this discussion. He feels it should be allowed in any commercial zone and dealt with on a case by case basis. Chris Walker, 202 Hatteras Avenue, does not want adult entertainment businesses to be allowed in the Clermont Commons. Bart Sutherin, 15152 Pendio Dr., stated that the 1500 feet overlay for adult entertainment businesses will eliminate the zone all together which will be challenged in court. Katheryn Sutherin, 360 Mohawk Road, stated that the city has prohibited through restrictions any adult entertainment businesses. She stated that Lake County and the City of Minneola apply Conditional Use Permits to some locations but not all locations because they are not allowed to prohibit. She stated that the City of Orlando rewrote its ordinance because they were using Conditional Use Permits to control the businesses and they are not allowed to do that. She states the area businesses and houses will lower in value as soon as you allow this area to include adult entertainment business. Eva, 1305 Windy Bluff, has concerns due to her children attending schools in the areas. Jason Harrell, 807 Highpointe Circle, is concerned about his children attending a daycare near the area that is proposed to allow adult entertainment businesses. Kenneth Johnson, 729 Skyridge Road, stated that he moved from south Florida due to the adult entertainment businesses and the crime that comes with it. He feels this should not be approved. Renee B., 1115 Windy Bluff Drive, stated that all the small details need to be looked at that come with these types of businesses. Julie, 535 East Ave., is concerned about her daycare being in the proposed area. Dr. Darren Sinopoli, Clermont Commons, is concerned about his dental practice carrying narcotics and being in the proposed area. He feels his business will be one of the first places that will be hit with crime if these businesses are allowed. Jeremy Williams, 445 Brook Ridge Circle, is concerned that the ordinance will be a challenged constitutionally. He wants Clermont Commons removed as a location if this is challenged constitutionally. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 3, 2009 Page 8 Veronica Ward, 1135 Stratton Avenue, stated that she knows what adult entertainment districts look like and do to the community. She feels by allowing these businesses into our community, we are opening ourselves up to additional crime and different issues. Danielle Pasteur, 938 Forest Hill Dr., stated that she has lived there for about 12 years and has felt safe there. She is concerned about crime coming into the area if they allow adult establishments in this area. Nancy M., 847 S. Waterview Dr., stated that she moved here due to the community and lack of crime. She has concerns about this ordinance. Johnny Davis, 785 Skyridge Road, stated they moved their business from Orlando due to crime. They were going to rent additional space in Clermont Commons but have put a hold on it until they find out what is going on with the adult entertainment businesses. Land O'Lakes Montessori Schocl, 355 Citrus Tower, is opposed to the ordinance. The owner stated that a lot of people are horrified about this item. He stated that as a real estate agent he would have to disclose to a buyer that there is an adult business district in the area. Omar, 3080 Tobago Ave., spoke in favor of this ordinance but is opposing the opening of any of these types of businesses. He stated that constitutionally these business are protected but if we don't counter the constitutional rights they are being afforded we set ourselves up for failure. Arthur, 822 Forrest Wood Drive, feels that Clermont Commons is the designated area for the adult business area with full knowledge that if the 1500 feet restriction got struck down, that would leave the rest of the ordinance in place. Mr. Mantzaris stated that the 1500 feet requirement is comparable to the City of Minneola's, so if the City of Clermont were to go to less than 1500 feet, it would be less restrictive on these businesses than a neighboring city. He stated that if you go with a higher restriction, it would raise a greater constitutional challenge. A speaker who is a fitness trainer at Kings Ridge, was happy that the restrictions seem really tough. She is concerned with the areas that are being allowed to have the adult entertainment businesses and the additional crime that comes with these types of businesses. Rob Reitz, 734 S. Grand Highway, asked how many feet can picketers be from a business to picket. Mr. Mantzaris stated that he suggests that they can't be on their private property without their permission, and you can't be on public property to the extent that you are interfering with the use of that property. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 3, 2009 Page 9 Commissioner YYhitehead moved to approve the request for the Land Development Code amendment, seconded by Commissioner Dubuss. The vote was 8-1 to recommend for approval to City Council with Board member Proli opposing the 1500 feet, preferring 2500 feet from schools, churches and daycares. Board member Proli recommends to Council to change the 1500 feet to 2500 feet in the ordinance. 5. REQUEST FOR LDC AMENDMENT APPLICANT: Administrative REQUESTED ACTION: Request to amend the Land Development Code for minimum parking space requirements and to create a new O-1 Office District. Planning Director Jim Hitt stated that the attached Ordinance Number 373-C includes Land Development Code amendments for Minimum Parking Space Requirements, and creating a new D-1 O~`fice District. Parking Mr. Hitt stated that there are new uses being proposed for review that the current parking code does not address regarding the number of spaces needed to adequately park that particular use. He stated that each zoning district lists multiple permitted and conditional uses, but the parking code does not address all of those uses. He stated that the code also does not give staff the flexibility to assign proper parking space numbers for all those uses, or other new uses not covered by the current minimum parking space requirements. Mr. Hitt stated that rather than trying to add any or all uses remotely possible to the LDC, this amendment allows flexibility with new uses that are not in our code at this time. He stated that staff will be able to take into account the proposed use itself, other existing parking requirements from other jurisdictions, special conditions for a site, or a combination of sources. Mr. Hitt stated that the following LDC sections will be amended to include the new language: Chapter 98 PARKING AND VEHICULAR USE AREAS Sec. 98-14. Section 98-14 Table of minimum parking space requirements. and DIVISION 11. CBD CENTRAL BUSINESS DISTRICT Section 122-247. Off-street parking O-1, Office District City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 3, 2009 Page 10 Mr. Hitt stated that this new district reflects the new office land use category which is part of the new Comprehensive Plan. He stated that this district reflects the land use category and provides a diversified and separate zoning district option. Mr. Hitt stated that the following new LDC sections will be created: DIVISION 8. O-1 OFFICE DISTRICT Sec. 122-190. Intent. Sec. 122-191. Site plan review. Sec. 122-192. Permitted uses. Sec. 122-193. Conditional Uses. Sec. 122-194. Lot and height requirements. Sec. 122-195. Yards. Commissioner Dubuss rzoved to approve the request for the Land Development Code amendment, seconded by Commissioner Banzhaf. The vote was unanimous to recommend for approval to City Council. 6. REQUEST FOR CIE AMENDMENT APPLICANT: Administrative REQUESTED ACTION: Request to amend the Capital Improvements Element of the comprehensive plan. Commissioner Dubuss moved to approve the request for the Capital Improvements Element amendment, seconded by Commissioner Boyatt. The vote was unanimous to recommend for approval to City Council. There being no further business, the meeting was adjourned at 9:09. ATTEST: Rae Chidlow -Administrative Assistant