Loading...
12-1-2009 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION December 1, 2009 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday December 1, 2009 at 7:00 p.m. by Chairman David Pape. Other members present were Bill Banzhaf, Bernadette Dubuss, Nick Jones, Robert Loyko, and Judy Proli. Also in attendance were Jim Hitt, Planning Director, Curt Henschel, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held November 3, 2009 were approved as written. REPORTS Board member Jones stated that there is a parade this coming weekend. 1. 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 Planned 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 to identify transportation improvements required for the development. Mr. Hitt stated that Parcel C consists of 37.18 acres and currently has an allowed use of up to 197 single family homes. He stated that the applicant has proposed splitting Parcel C into two parcels, C 1 and C2. He stated that Parcel C 1 is 20.77 acres and is proposed to be donated to the Real Life Christian Church with a deed restriction allowing 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 The Florida Department of Community Affairs. He stated that the NOPC will be made part of the CUP by reference. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 1, 2009 Page 2 Mr. Hitt stated that in addition to the change splitting Parcel C to Parcels C 1 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 change to divide Parcel C 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). John Percy, 120 N. Orange Ave., Orlando, stated that they agree with staff's recommendation. He stated that they met with approximately 18 homeowners from the west side of the subdivision that had some concerns with the project. He stated that once details are decided on either the park or the apartments, they will have to come back through site review and will have to follow the codes. He stated that the neighbors are going to the County to request help on controlling the truck traffic that travels down Citrus Tower Blvd. to cut down on the noise issue and some of the traffic. He stated that moving forward with multi-family apartments versus single family residences will cut down on the future traffic and their noise. He stated that they agree to install a traffic signal and landscape the boulevard. He stated that a park could be noisy because people are there to have a good time. He stated that any lighting that may possibly be used could be shielded so that it doesn't affect the homes in the subdivision across Citrus Tower Blvd. He stated that there are concerns from the neighborhood that parents will drop their children off on Citrus Tower Blvd. or possibly park in the neighborhood like the school kids do now. He stated there will be on-site parking and there will be some sort of fencing around the park. He stated there were concerns that the park will devalue the homes, but they feel the church and park will add value to the homes. Catherine Bohusz, 2450 View Ridge Way, stated that she is within 150 feet of the project. She stated that she is impressed with the efforts put forth by the developer to meet with the neighbors. She stated that she has more confidence since the developer has met with her and the other neighbors. She stated that the church is a good neighbor but they have been listed as the fifth-fastest growing church in the nation as stated in one of the community papers. She stated that they are against the changes but if they are going with the changes, she would like to see some additional restrictions. She stated that if the property is donated to the church, she would like to see that it can't be sold or changed in the future. She stated that she would like to see the wall extended around the park and have no chain link fence. She stated that she would like for the hours for the park to be from 9 am to 9 pm on weekdays and 10 am to 10 pm on weekends. She would like to see gates put into place so there can't be any loitering after hours. She would like to see a traffic pattern that does not allow any entrances onto Steve's Road. She stated that she would like for the mature trees to be left and other trees planted where there are none. She stated that she would like to see any new apartments set back on the property like the current apartments. She stated that the ball parks need to be positioned so that balls can't come into the traffic. She stated that she would like to see no alcohol allowed in the park. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 1, 2009 Page 3 Doug, 2714 Eagle Lake Dr., stated that he has been appointed as spokesperson for the community at Reserve at Lost Lake and Tuscany Ridge. He stated that the communities are against the changes to the proposed project. He stated that it will change from a neighborhood of like homes to anover-powering feel of apartment buildings. He stated that if this project goes through, there will be 768 apartment units in less than aone-block area. He stated that as home owners, they will be burdened with a disproportionate number of apartment units for their community area. He feels that as the apartments get older, they will turn to slums. He stated that statically, apartment developments have a higher rate of crime than housing developments. He stated that in past fourteen months, for criminal activity in the Lost Lake vicinity, the two current apartment complexes have accounted for 54% of the crimes while the homes in Lost Lake accounted for only 13%. Rich Gapin, 2690 Eagle Lake Dr., stated that he would like to see the impact study redone for storm sewage. He stated that from what he understands, they were looking at four entrances and he would like to see the four entrances reduced to two entrances to the property. He stated that the schools made their plans about 5 years ago, and they didn't estimate the growth in the area properly. He stated that all the school's are overcrowded now. He stated putting the park in is beneficial to the school and not to the neighbors in the area. He stated that they are an expanding church. He does not want to see the property used for additional church buildings. He stated he would like to see trees where the apartments are proposed to go and to have the apartments set back from the rode past the trees. Harry Lerner, 3434 Colwell Ave., Tampa, stated that they thought they had come up with a better plan for this community. He stated that they feel what they are proposing is much better for the community by allowing more opening space. He stated that it is their intent to respond to the concerns of the neighbors. Commissioner Proli asked who would have use of the park if part of this property is used as a park. Mr. Percy stated that it would be owned and used by the church and school. He stated if other parties are interested in using the park, the church could possibly allow them to use the fields. Commissioner Loyko stated that he can't see the changes unless the park is open to everyone. Chairman Pape asked if they agree to build a wall. Mr. Percy stated that they have not agreed to build a wall but agree that there will be a perimeter fence and they would like to leave that up to site review. Commissioner Jones asked how much impervious is expected on the property. Mr. Percy stated that he thinks the impervious will be less than 25%. Commissioner Jones asked about absentee landlords. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 1, 2009 Page 4 Mr. Percy stated that there is internal management controls in place. Commissioner Banzhaf stated that he feels the apartments are more of a concern than the ball fields or a park. He stated that he agrees with the concerns pertaining the apartments. Commissioner Jones moved to approve the request for the conditional use permit and recommend Council consider the residents' concerns, seconded by Commissioner Dubuss. The vote was S-1 to recommend for approval to City Council with Commissioner Loyko opposing. 2. REQUEST FOR A CONDITIONAL USE PERMIT OWNER /APPLICANT: KMH, LLC -Kathleen Mathieson Hillary PROJECT NAME: Clermont Crossings at Lost Lake REQUESTED ACTION: Amendment to the Conditional Use Permit for a Planned Unit Development to allow C-2 General Commercial uses within the SIZE OF PARCEL: GENERAL LOCATION: ZONING: EXISTING LAND USE: FUTURE LAND USE: development. 36.04 acres +/- Southeast corner of U.S. Hwy 27 and Steve's Road PUD, C-1 Light Commercial District Shopping Center Master Planned Development City planner Curt Henschel stated that this request is to amend the Conditional Use Permit Resolution No.1519 for a commercial Planned Unit Development. He stated that this development called Clermont Crossings consists of a shopping center with 6 outparcels and, BJ's Wholesale Store as an anchor tenant. Mr. Henschel stated that Resolution No.1519 only allows C-1 Light Commercial uses. He stated that the applicant is requesting to allow C-2 General Commercial uses within the PUD development. He stated that General Commercial allows for a few additional uses such as Automobile services, Restaurants, and Recreation Facilities. Mr. Henschel stated that the similar development adjacent to the north, called Clermont Landing, already has C-2 General Commercial uses. Mr. Henschel stated that staff believes this area is appropriate for this type of development and recommends approval of the Conditional Use Permit to allow a Planned Unit Development including a shopping center with C-2 General Commercial uses at the proposed location with the conditions listed below. Randolph Rush, 329 Park Ave. N., Winter Park, stated that C-2 would allow the automotive service and restaurants. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 1, 2009 Page 5 Commissioner Proli asked what the difference is in IHOP being allowed to go in prior to this change. Mr. Hitt stated that in the original conditional use permit, restaurants were allowed. He stated that rather than having specific uses listed, it made more sense to change it to C-2. Commissioner Banzhaf moved to approve the request for the conditional use permit, seconded by Commissioner Proli. The vote was unanimous to recommend for approval to City Council. There being no further business, the meeting was adjourned at 8:09 pm. David Pa irm ATTES ~ Rae Chidlow -Administrative Assistant