09-03-2013 Regular Meeting City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
e"• September 3, 2013
Page 1
The meeting of the Planning & Zoning Commission was called to order Tuesday September 3,
2013 at 7:00 p.m. by Chairman Nick Jones. Other members present were Carlos Solis, Harry
Mason, Gail Ash, Judy Proli, and Raymond Loyko. Also in attendance were Barbara Hollerand,
Planning and Zoning Director, Curt Henschel, Senior Planner, Dan Mantzaris, City Attorney,
and Rae Chidlow, Administrative Assistant.
MINUTES of the Planning and Zoning Commission meeting held August 6, 2013 were
approved as written.
REPORTS
There were no reports.
1. REQUEST FOR CONDITIONAL USE PERMIT
DEVELOPMENT NAME: House of Deliverance
APPLICANT: Samuel D.Arthur, Sr.
GENERAL LOCATION: 309 East Hwy. 50 (Sunnyside Plaza)
EXISTING ZONING: C-2 Commercial
_ EXISTING LAND USE: Church/ Shopping Plaza
FUTURE LAND USE: Commercial
City planner Curt Henschel presented the following staff report:
The applicant is requesting to amend resolution#2012-18 for a conditional use permit to operate
a house of worship in the C-2 zoning district and to allow monthly outdoor fund raising events.
The existing church occupies approximately 1,200 square feet of retail/office space located in
Sunnyside Plaza.
The church has a congregation of 25 to 50 for Sunday service, and holds a Tuesday evening bible
study at 7:00 p.m.
The amendment request is to allow the church to hold monthly fund raising events within the
parking lot. Each event will be held one day per month on Saturday or Sunday and is centered
on food sales during lunch hours (loam to 3pm). A small area with a tent and portable grill will
be set up along the east property line and will occupy several parking spaces during the event.
Staff recommends approval of the amendment to the conditional use permit.
Commissioner Ash stated that her concern is the in and out traffic from Highway 50, and traffic
backing up could create problems
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PLANNING AND ZONING COMMISSION
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Chairman Jones asked if any other tenants from Sunnyside Plaza have expressed any concerns.
Mr. Henschel stated that the property has been posted and there have not been any concerns brought
forward about this issue.
Commissioner Proli stated that traffic is her concern as well. She stated that the location is close
to the curb.
Mr. Henschel stated that they will occupy some of the parking stalls, but they will not extend
past the parking stalls.
Commissioner Carlos Solis moved to recommend approval of the Conditional Use Permit;
seconded by Commissioner Raymond Loyko. The vote was unanimous to recommend approval
for the Conditional Use Permit to City Council.
2. REQUEST FOR CONDITIONAL USE PERMIT
DEVELOPMENT NAME: South Lake Church of Christ Daycare
APPLICANT: South Lake Church of Christ
SIZE OF PARCEL: 2 +/- acre
GENERAL LOCATION: 100 East Grand Highway
EXISTING ZONING: C-2 Commercial
EXISTING LAND USE: Church/ School facility
FUTURE LAND USE: Commercial
City planner Curt Henschel presented the following staff report:
The applicant is requesting a Conditional Use Permit to allow a Daycare Facility in the C-2,
General Commercial Zoning District. Childcare centers are designated as a conditional use
within the C-2, General Commercial zoning district.
Previously the site was approved as a church facility with a school.
The applicant is proposing to occupy a 2,500 square foot building that could handle 50-60
children. The applicant is targeting children in the 1-7 age groups. The applicant believes the
business will provide a needed service to working parents within the area. Hours of operation are
expected to be from 7:00 a.m. to 7:00 p.m., Monday through Friday.
Staff recommends approval of the conditional use permit.
eigh Ken Schulte, President of the Board for South Lake Church of Christ, stated that this building
was operated in conjunction with the Orlando Christian School and is already set up as a
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PLANNING AND ZONING COMMISSION
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daycare. He stated that the playground and classrooms are already installed and have met the
current fire codes. He stated that they would like to use it as a daycare.
Commissioner Mason asked about the ingress and egress location.
Mr. Schulte stated that there is a large parking pad that will be utilized as a drop off.
Commissioner Loyko asked if the ingress and egress is what was already established and is there
a fence surrounding the playground.
Mr. Schulte stated that the ingress and egress they plan to utilize are the one that was already in
existence and there is a six foot tall fence around the play area.
Commissioner Ash expressed concern about only one entrance and exit being used because the
other end is strictly a right turn only.
Mr. Schulte stated that due to the median, depending on which direction the parents need to go
will determine which way they exit. He stated that they won't all come at the same time and
/`` there are different ages and programs.
Commissioner Harry Mason moved to recommend approval of the Conditional Use Permit;
seconded by Commissioner Raymond Loyko. The vote was unanimous to recommend approval
for the Conditional Use Permit to City Council.
3. REQUEST FOR CONDITIONAL USE PERMIT
DEVELOPMENT NAME: Black West PUD
OWNER: Center Lake Properties
APPLICANT: Taylor Morrison of Florida, Inc.
REQUESTED ACTION: A Planned Unit Development request for a mixed use development.
SIZE OF PARCEL: 579+/- acres
GENERAL LOCATION: Between Old Hwy 50 and FL Turnpike(west of Verde Ridge)
EXISTING ZONING: UE Urban Estate Low Density
EXISTING LAND USE: Vacant
FUTURE LAND USE: Master Planned Development
City planner Curt Henschel presented the following staff report:
The Black West (Ranch) is a proposed Planned Unit Development consisting of 579 acres
located at the north eastern boundary of the current city limits.
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PLANNING AND ZONING COMMISSION
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The Black West property was annexed into the City in 2006 pursuant to City Ordinance No. 599-
M and a related Water and Sewer Utilities/Annexation Agreement. Also in 2006, the City
amended its Future Land Use Map to designate the property for residential (single-family and
multi-family) development at a density of up to 2.5 units per net acre and up to 21 acres of
commercial space.
At the time it was annexed, the property was given the default zoning classification of UE
(Urban Estate). Pursuant to Section 122-83 of the City Code, Planned Unit Development (PUD)
is allowed in the UE district as a conditional use.
The applicant purposes a mixed-use development for the property consisting of up to 1,200
residential units (including up to 1,000 age-restricted units) and up to 100,000 square feet of
commercial uses. The project will contain significant open space and recreational
improvements, including an integrated trail system that will connect to and expand upon the
existing South Lake Trail system.
The Florida Department of Transportation, through Florida's Turnpike Enterprise, is committed
/-- to opening a regional interchange located at Milepost 279 along Florida's Turnpike in the City of
Minneola. Located just north of the Black West property, the new interchange is scheduled to be
opened in 2016.
-
At the same time, Lake County is committed to extending Hancock Road north from its existing
connection at Old Highway 50 to the proposed interchange. A portion of the Hancock Road
improvements will extend through the Black West property and provide an additional means of
access to the project. Currently, the project has substantial frontage along, and access to, both
Old Highway 50 and Blackstill Lake Road.
The project proposes certain waivers to those sections of the Code that deal with lot sizes in the
conventional UE zoning district and standards for new street construction and grading. Because
this is a Planned Unit Development, these considerations or variances are considered to be part
of the "zoning parameters" for the Planned Unit Development rather than an actual variance
request. The applicant's justification for these waivers is tied to safety, aesthetics and the desire
for a vibrant, mixed-use community. By grading the property in excess of the maximum allowed
in certain limited areas (up to 25 feet), it allows land for active and passive recreation to be
maximized in other areas — including the setting aside of significant amounts of land in its
natural and undisturbed state.
Specific considerations/variances within the Planned Unit Development are as follows:
1) To allow for private streets with gates.
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PLANNING AND ZONING COMMISSION
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2) A grading request for up to 25' of cut/fill rather than 10 feet per code.
3) Increasing the grading between multi level developments from 5:1 slope to 4:1 slope.
4) Allowing retaining walls to be 10 feet in height rather than a maximum of 6 feet.
5) To allow lot sizes smaller than one acre, down to 5,500 square feet.
6) To allow sidewalks to be located 5 feet off the back of the right-of-way line (within the
right-of-way) rather than located on the edge of the right-of-way.
7) Increase total impervious surface coverage areas for individual lots from 55% to 75%,
and from 45% to 65% for the principal structure.
8) Reduce front yard setbacks from 35 feet to 15 feet.
9) Reduce the side yard setback from 15 feet to 5 feet.
10)Reduce the rear yard setback from 25 feet to 20 feet.
11)Reduce the 7.5 side yard utility easements to match the side yard setbacks.
12)The project proposes a waiver to allow the existing billboards on the property to remain
in place but on a temporary basis. The purpose of this waiver is to avoid a conflict
between the Code and the legal obligations of the owner under the billboard leases.
Staff believes this development is consistent with the uses in the area, and recommends approval
of the proposed Planned Unit Development request.
Cecelia Bonifay, 420 S. Orange Ave., Orlando, stated that this property was annexed into the city
and entered into a utility agreement with the city'that included the density in 2006. She stated
that density included 2.5 units per acre over the entire site, multi-family, and 21 acres of
commercial. She stated that the proposed development at this time is two small commercial
parcels, and the rest will be single family units and not including multi-family. She stated that
they are proposing up to, but not exceeding, 1200 single family units, and 1000 could be age
restricted. She stated that a full traffic study has been completed, looking at the maximum
density for non-age and age restricted. She stated that there will be an.extension to Hancock
Road that will connect to the Florida Turnpike interchange, and Old Highway 50 will be
redesigned with a new intersection. She presented the proposed layout and rustic theme of the
project. She stated that the non-aged-restncted area will be open and the age restricted area will
be gated. She stated that there will be internal trails that will connect to the existing trail and will
include an additional trailhead. She stated that some of the existing views will stay intact.
Chairman Nick Jones asked where the existing homes and high school are surrounding the
property.
Mr. Henschel showed where the existing properties and school are.
aCommissioner Solis asked about the impact on schools.
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MINUTES
PLANNING AND ZONING COMMISSION
September 3, 2013
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Ms. Bonifay stated that they have received a letter from Lake County Schools stating that they
meet concurrency. She stated that they will have to reapply for concurrency each year.
Commissioner Solis asked if the number of units will change.
Ms. Bonifay stated that the number of units will be the maximum, but it could work out to be
fewer units. She stated that they would not be able to go over 1200 units.
Commissioner Ash stated that cut and fill of 25 feet is too much and that is destroying our land.
She stated that retaining walls ten feet would not be necessary if they weren't cutting the land as
they intend to. She stated that she disagrees with the 50 foot lots and disagrees with all the
setbacks. She stated that the impervious surface is being increased by 20%, so drought tolerant
landscaping is irrelevant.
Commissioner Mason stated that he agrees with Commissioner Ash's concerns. He stated that
there should be a minimum of age restricted units and the conditional use permit should stipulate
that the recreation facilities will be built for the community. He stated that he has concerns about
the roads actually being built by the time the community is completed.
Commissioner Proli stated that she is not in agreement with the variances. She stated that Old
Highway 50 is a two lane road and a portion of that road is considered Scenic Highway. She
stated that she feels it will be a major traffic issue. She stated that if they follow through with the
age-restricted areas, there could-be more emergency vehicles trying to reach the community. She
stated that the lots are very small, making the homes very close to each other.
Commissioner Loyko stated he has concerns about the traffic on Old Highway 50. He stated that
he understands there will be some relief with the traffic once the interchange for the Florida
Turnpike is completed. He stated that the commercial parcels at the entrance will be a safety
concern because the traffic is backed up at times, and he feels people will be cutting across the
parking lots of the commercial property.
Gary Webster, Babar Lane, stated that he owns 5 acres and raises horses on his property. He
stated that he agrees with Commissioner Ash about the fill. He stated that when he purchased his
property he was told that there was not enough right-of-way to put in a road. He stated that he's
finding out that in order to put in the Hancock Road extension, certain land would have to be
required to allow the road in and out of the development. He stated that one of the retention walls
will abut his property. He stated that the land is level, and a wall should not be required. He
stated that if they cut and fill that area he will lose his privacy because the land will look down
onto his. He stated that he has problems with run-off from the school and if the land is raised
behind his property, then he will have more issues with run-off.
�-. Charles Lacey stated that he owns one of the 14 houses on Jim Hunt Road. He stated that he does
not agree with the traffic study and it is going to be a major concern. He stated that he did not
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PLANNING AND ZONING COMMISSION
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realize until tonight that they plan to take 25 feet off the hills and he does not agree with them
taking their hills. He stated that in 37 years, this is the first summer that his well has pumped
sand. He stated that his neighbor is pumping other particles other than water. He stated that even
with all the rain the lake is not rising. He stated that he is concerned that this community will
affect his water access and quality of life.
William Manual stated that he lives in that general area and would like to meet with Ms. Bonifay
to discuss some of his issues privately.
Ms. Bonifay stated that they have followed the procedure and methodology that is required for
the traffic study. She stated that there is not an adverse impact or requirement for widening Old
Highway 50. She stated that Hancock Road must be done and improvements will be required for
Old Highway 50 and turn lanes will be added at Highway 27 and Washington Street. She stated
that she has received assurances that there is funding available to complete the Flonda Turnpike
interchange. She stated that they will not do anything to take away from the lakes. She stated that
all the stormwater has to be retained on the Black West property. She stated that they have
removed the multi-family and reduced the amount of commercial from 21 acres to 10 acres.
Regarding the CSX right-of-way, she stated it has been suggested as a second entrance but it is
/'` up to the developer's discretion.
Scott Sterns, 520 S. Magnolia Ave., Orlando, stated that they are looking at cut and fill of 30%
of the property. He stated that they have left the exterior of the property as it is today to keep the
natural vegetation. He stated that the cut will not all be 25 feet. He stated that there are 42 acres
that will not be touched. He stated that not all the walls will be 15 feet tall, and they don't want
all the walls to be 15 feet due to the expense.
Chairman Jones stated that if they don't grant the applicant the right to develop the property the
way they are asking, then they could be looking at the property being sold and developed
separately. He stated that the applicant is trying to apply some character to this project.
Commissioner Harry Mason moved to recommend denial of the Planned Unit Development as
amended; seconded by Commissioner Gail Ash. The vote was 4-2 to recommend denial for the
Planned Unit Development to City Council, with Commissioner Solis and Chairman Jones
opposing.
There being no further business, the meeting was adjo
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ATTEST: Nick Jones, Chai OF
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Rae Chidlow—Administrative Assistant