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06-04-2013 Regular Meeting City of Clermont MINUTES PLANNING AND ZONING COMMISSION e"' June 4, 2013 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday June 4, 2013 at 7:00 p.m. by Chairman Nick Jones. Other members present were Carlos Solis, Gail Ash, Harry Mason, Judy Proli, and Raymond Loyko. Also in attendance were Barbara Hollerand, Planning and Zoning Director, Curt Henschel, Senior Planner, Jack Morgeson, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held April 2, 2013 were approved. REPORTS There were no reports. 1. REQUEST FOR CONDITIONAL USE PERMIT DEVELOPMENT NAME: New Beginning Support Center APPLICANT: Steve Smith REQUESTED ACTION: An amendment for a Conditional Use Permit (Res. No. 2012-12) to allow for an expansion of the existing New Beginning Support Center. /`` LOCATION: 792 E. Montrose Street City planner Curt Henschel presented the following staff report: The New Beginning Support Center located at 792 East Montrose St. is requesting a Conditional Use Permit amendment to their existing Conditional Use Permit Resolution No. 2012-12. The request is to expand the property to include the vacant parcel adjacent to the east of their site. The parcel will allow room for the center to add a playground area for the kids of the participants within the program. A fence and landscaping will be located around the perimeter of the parcel to make a safe area for the kids to play. All conditions in Resolution No. 2012-12 will remain the same. Staff believes this development is consistent with the uses in the area and recommends approval of the Conditional Use Permit request for expansion of the existing New Beginnings Support Center. Steve Smith, 1323 Briarhaven Dr., stated that the executor of the estate for the vacant property has offered a long term lease with New Beginnings. He stated that New Beginnings will maintain the property and pay the property taxes for the use of the vacant lot. He stated that Lake Leadership offered to buy play equipment and put the fence in for New Beginnings. He stated I''. that they would like to include a basketball court, play equipment, and fence. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 4, 2013 Page 2 Commissioner Loyko asked about the height of the fence surrounding the playground area. Mr. Smith stated that what the code allows will be the height of the fence. He stated the fence will be locked and the children will be supervised when they are on the playground area. He stated the playground area will be for private use, not public use. Commissioner Ash stated that if the fence is only three to four feet tall, other children will climb the fence to get to the play area. Commissioner Solis stated that he appreciates the improvements that have been made to the building. Chairman Jones stated that he has provided services for New Beginnings pro bono, but does not have a financial interest in the property. Commissioner Mason asked why a chain link as opposed to something more attractive. Mr. Smith stated that they chose chain link because of the cost and they will landscape around the fence to make it more attractive. Commissioner Proli stated that she appreciates what New Beginnings has done and it's a tremendous improvement to the property. She asked if there would be any shade for the play area. Mr. Smith stated that they will plant some trees for shade. Dale Mack, 13116 Summerlake Way, asked if there was enough parking for the use of this property. He stated that he owns the vacant lot across the street from this property. He stated that he has tried to address issues with New Beginnings about them not using his property for their parking. He stated that he has no issues with the playground. Mr. Henschel stated that in the conditional use permit under Section 2, number 5, it addresses parking issues. He stated that if there are parking issues the city can re-open the conditional use permit to require changes. Commissioner Mason asked if the property has room for additional handicap parking. Mr. Henschel stated that the handicap parking meets the current code. Commissioner Solis asked if part of the vacant land could be used for additional parking. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 4, 2013 Page 3 Mr. Smith stated that homeless people don't typically have vehicles. He stated that New Beginnings has a van that will transport the people to the support center. He stated that if additional parking is needed, he does not have a problem using a portion of the vacant land for parking. Mr. Mack stated that he agrees with this recommendation as long as he doesn't have the continued issue of his vacant lot being used for parking. Commissioner Harry Mason moved to recommend approval of the Conditional Use Permit, with the condition to provide additional parking at the front of the vacant lot if necessary; seconded by Commissioner Gail Ash. The vote was unanimous to recommend approval for the Conditional Use Permit to City Council. 2. REQUEST FOR CONDITIONAL USE PERMIT DEVELOPMENT NAME: The Vineyards at Hammock Ridge APPLICANT: Planning Design Group REQUESTED ACTION: A Planned Unit Development to allow a 300 unit apartment complex. /11." LOCATION: Northwest corner of Highway 27 and Hammock Ridge Road City planner Curt Henschel presented the following staff report: The Vineyards at Hammock Ridge is a proposed Planned Unit Development consisting of 300 apartment homes. The property is part of the Tuscany Village commercial development approved in 2005, and the same lot as the Sam's Club was previously approved in 2009. The apartments will consist of seventeen 2 and 3 story buildings arranged so that a majority of the parking is not adjacent to Hammock Ridge Rd. The total land area for the apartment complex consists of 25 acres. 300 apartment units on 25 acres provide a total density of 12 units per acre, 4.2 acres of which is located across the 4 lane Hammock Ridge Rd. This smaller area is proposed to be a recreation area with a dog park. There are additional considerations within the Planned Unit Development that would typically require a variance request. 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. Specific considerations/variances within the Planned Unit Development are as follows: 1) Requesting a 10 foot building setback along the north property line for the single story garage building. Rather than a typical 12' building side setback. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 4, 2013 Page 4 2) Requesting 9'x 20' parking stalls rather than the typical 10' x 20' parking stall. 3) Requesting a 7' fence along the right-of-way of Hammock Ridge Rd. Rather than a maximum 4' fence allowed by code. Staff believes this development will provide a transition for the single family residences to the west, to the proposed commercial to the east. Staff feels this use is consistent with the uses in the area and recommends approval of the proposed Planned Unit Development Request. Michelle Carlton, 800 N. Highland Ave., Orlando, stated that she owns the property and is ready to develop the property. She stated that they did hold a neighborhood meeting with the neighbors and they were all in support of the project. Commissioner Mason asked if the applicant has done market research for multi-family units for the Clermont area. Ms. Carlton stated that she has done research and the apartment complexes currently in Clermont ,"• are all 95% leased. She stated that she feels that the project will be well received community and will help stimulate growth and raise the tax base for the City of Clermont. Commissioner Mason asked why they are requesting 9' x 20' parking stalls. Ms. Carlton stated that it's only a foot difference from what the code requires and she understands that the city has allowed this variance for several other apartment complexes in Clermont. Kendell Keith, 930 Woodcock Road, Orlando, stated that most apartment complexes that are being developed are requiring the 9' x 20' parking stalls. He stated that by increasing the parking stall size will increase the paved area and they would like to see more green area. Commissioner Ash stated that she likes the larger parking stalls that Clermont offers, after being in other cities. Commissioner Loyko asked if there will be a car washing area near the maintenance garage where the elongated parking stalls are located on the drawings. Ms. Carlton stated that the elongated parking stalls were for potential boat storage, however she does not know that the city codes will all that. She stated that a place for residents to wash their cars would be nice and she would consider that option. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 4, 2013 Page 5 Commissioner Loyko stated that a car wash area would be nice. However he is concerned with noise issues from vehicle radios while the residents clean their vehicles. He stated that if the wash area is located near the maintenance building, the noise issue could be a problem for the neighboring subdivision. Ms. Carlton stated that the maintenance building can be placed in another location if that is a concern. Commissioner Loyko asked whether the lighting for the parking area will be a nuisance to the residential area to the west of the property. Mr. Keith stated that the lighting will be provided for safety but the lights will be lower to the ground as to not be an issue to the neighboring subdivision. Commissioner Mason asked if the applicant would be willing to provide the larger parking spaces. Ms. Carlton stated that she would be willing to meet the standard size parking stalls as required by code. Chairman Jones stated that many people would be willing to gain the green space over the larger parking stalls. He asked how many units there were per acre. Mr. Henschel stated that there are 12 units per acre which is standard for this land use. Commissioner Proli stated that she has concerns about the smaller parking stalls. She stated that she does not want to set a precedent for the city by allowing for the smaller parking stalls. Mr. Henschel stated that several other developments in Clermont have been approved for the smaller parking stalls. He stated that the residents that buy into the community are purchasing these units with the understanding that the parking stalls are smaller. Chairman Jones stated that this is a private community, not a public parking area, so he would be in agreement with more green space and allow the smaller parking stalls. Commissioner Solis stated that he agrees with Mr. Jones. Commissioner Mason questioned the number of parking spaces required. Mr. Henschel stated that it's based on how many one, two, and three bedroom units the development has. He stated that the development currently meets code for parking. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 4, 2013 Page 6 Commissioner Ash asked if the fence will go around the entire development. Ms. Carlton stated that there will be a fence and landscaping around the development. Commissioner Ash stated that this development is on a slope and there is no mention about the cut for the slope. Mr. Keith stated that the site has been improved by the previous approved Sam's. Commissioner Mason asked about a retention area. Mr. Henschel stated that there is a master retention pond on site when the development for Tuscany Village was done as it is now. He stated that the city has already spoken to the applicant about the cut for the development and they meet the city code. Commissioner Gail Ash moved to recommend approval of the Planned Unit Development to include variance request items number 1 and 3, and for item number 2 to meet code with 10'x 20'parking stalls; seconded by Commissioner Judy Proli. The motion failed with a 3-3 vote. Commissioner Harry Mason moved to recommend denial of the Planned Unit Development. The motion failed due to the lack of a second. Commissioner Carlos Solis moved to recommend approval of the Planned Unit Development to include all three variance requests as written; seconded by Chairman Nick Jones. The motion failed with a 3-3 vote Alison Yurko, 921 Bradshaw Terrace, Orlando, Council for the applicant, requested to reopen the hearing. She stated that the applicant is willing to increase half of the parking stalls to meet the 10 foot code and the other half of the parking stalls to be at the 9 foot width. Chairman Jones stated that he will reopen the hearing. Lee Shirah stated that he would like to see the vote go to the city council as a split vote and let them make the determination for the approval of the parking stalls. He stated there is a green space issues and when you look at adding a foot to 600 parking spaces it takes away from the green space. He stated that they have done 17 projects in central Florida with the smaller parking stalls and have never had a complaint,about the parking. Commissioner Carlos Solis moved to recommend approval of the Planned Unit Development to include variance request items number 1 and 3, with the understanding that there is a split vote 3-3 on item number 2; seconded by Commissioner Judy Proli. The motion passed 5-1 to approve the Planned Unit Development, with Commissioner Harry Mason opposing. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 4, 2013 Page 7 City planner Curt Henschel stated that the applicant for the Poolside Grill was not present. Chairman Jones stated that the Poolside Grill will be tabled at this time. 3. REQUEST FOR LARGE SCALE COMPREHENSIVE PLAN AMENDMENT DEVELOPMENT NAME: The Crossing Church APPLICANT: Michael Latham REQUESTED ACTION: Change future land use from Rural Transition to Public Facility/Institutional. LOCATION: Southeast corner of Old Highway 50 and Blackstill Lake Road. Planning and Zoning Director Barbara Hollerand presented the following staff report: This last request is for a large-scale comprehensive plan amendment for a property requesting annexation into the City. It is 18.4 acres south of Old Highway 50 (CR 50), south of Verde Ridge subdivision and north of Summit Greens. `11 The owner is the Crossing Church. The intended use is for a church facility. A conditional use permit and site plan approval will be required prior to development. The future land use in the County is Rural Transition. The request is to change the future land use to Public Facility/Institutional in the City. This is the transmittal phase of the comprehensive plan amendment. The City Council later this month will be asked to approve this future land use map change for transmittal to the Florida Department of Economic Opportunity. After a 30-day review period, the request will be brought back to the City Council to consider adoption of the amendment. That timeframe should be late July or early August. Staff does recommend approval of this comprehensive plan amendment to change the property , from Rural Transition in the County to Public Facilities/Institutional. Jimmy Sloan, 14704 Old Highway 50, stated that he has no problem with the church going in this location. He asked about water and sewer for this property and would Clermont be providing service. C City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 4, 2013 Page 8 Mr. Henschel stated that the utilities are already located in the right-of-way down Old Highway 50 on the north side. He stated that they would cross Old Highway 50 to connect to the property. Commissioner Proli expressed concerned about additional traffic north of Summit Greens. Commissioner Gail Ash moved to recommend approval of the Large Scale Comprehensive Plan Amendment; seconded by Commissioner Harry Mason. The motion was unanimous to approve the Large Scale Comprehensive Plan Amendment. Discussion of Non-agenda Items Commissioner Gail Ash asked why the city requires live oaks to be planted on every lot in Clermont when they become massive, they get diseased and yet three are required on every lot. City planner Curt Henschel stated that the city does require three trees, but does not require all three trees to be oaks. He stated that certain developments require particular trees. He stated that there is 15 or 20 variety of trees to choose from to meet code for the three canopy trees. He stated that the city is currently working on a code to help relieve the space. Chairman Jones asked about the Community Forum. Planning Director Barbara Hollerand stated that the first session allowed the community to express ideas for the city. She stated that there were almost 400 attendees at this forum. She stated that the next Community Forum will be held June 19, 2013 from 6:30 pm to 9:00 pm. Chairman Jones stated that the Planning Commission should attend the forums. Commissioner Ash stated that her favorite line from Loren Ritchey's article was "What will Clermont be when it grows up?" Commissioner Mason stated that one item from the forum stated that planning and zoning process should be more objective and less political. There being no further business, the meeting was adjourned at :•21 pm. Nick ones, Ch.OF ATTEST: es" Zk Rae Chidlow—Administrative Assistant