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07-06-2017 P&Z Minutes City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 6, 2017 Page 1 The meeting of the Planning & Zoning Commission was called to order Thursday, July 6, 2017 at 6:30 p.m. by Chairman Nick Jones. Other members present were Carol Thayer, Judy Proli, and Jack Martin. Curt Henschel, Planning Manager, Regina McGruder, Senior Planner, Jack Morgeson, Legal Counsel for the City, and Jane McAllister, Planning Specialist, were also in attendance. Commissioner Thayer moved to approve the minutes of the June 6, 2017 meeting as written; seconded by Commissioner Proli. Planning Manager Henschel presented the staff report as follows: 1. REQUEST FOR CONDITIONAL USE PERMIT REQUEST: To amend a conditional use permit (Resolution No. 2016-09) for a planned unit development to remove a condition requiring sidewalks along Hartwood Marsh Road. APPLICANT: Lennar Homes, LLC The applicant is requesting to amend the existing conditional use permit (Resolution No. 2016- 09) to allow for the elimination of the public sidewalk on Hartwood Marsh Road. This is condition number 5, under Section 6, Transportation Improvements in Resolution No. 2016-09. In April 2016, the applicant requested the removal of the public sidewalk requirement along with other requests for Phase 7 of the project. The request to eliminate the sidewalk was denied at that time, and after waiting the required one-year time limit to reapply, the applicant is now back for the same sidewalk request. The existing resolution requires a public sidewalk to be constructed along the north side of Hartwood Marsh Road right-of-way. This is a typical requirement for any development within the City. When this requirement was included as part of the resolution, it was assumed the right- of-way for Hartwood Marsh Road would remain as is. The Lake County Engineering Office has informed City staff that this is not the case anymore. Lake County is working with the Center Lake Sand mine to relocate Hartwood Marsh Road to the eastern side of their property. This would leave a cul-de-sac just to the west of the Heritage Hills entrance on Hartwood Marsh Road. For this reason, the applicant is again requesting not to construct the sidewalk in this area. Lake County has also included a letter that states that this sidewalk will be of no use because of the internal connectivity of the existing development. Chairman Jones opened the floor to the public. Duane Booth, of Booth, Ern, Straughan & Hiott, Inc., 902 N. Sinclair Ave., Tavares, FL, said he is the engineer for Lennar on this project. He said that Lennar is returning with the same request they had last year. He said there is an existing internal sidewalk that they wish to use which would eliminate the need for an external sidewalk. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 6, 2017 Page 2 Mr. Booth showed a site plan where south Hartle Road (CR 455) connects with Hartwood Marsh Road at a point south of the development. Mr. Booth said there is a county road within the city limits in Tavares, and that city is required to maintain the sidewalk along the road even though it is a county road. Unless there is a maintenance agreement between the City and County for the County to maintain the sidewalk, it will be the City's responsibility. He said that in this case there is no such agreement. Rob Bonin, Lennar Homes, 1244 Suzanna Blvd., Orlando, FL, said they wish to eliminate approximately 1,200 feet of sidewalk which will actually lead to nowhere. Commissioner Martin asked if the internal sidewalk would be available for the public to use. Mr. Booth said it is a gated community so the internal sidewalk would not be accessible to the public. Commissioner Martin then asked if the proposed sidewalk, that they do not wish to build, would be available for public use. The answer was yes. Mr. Booth said the County is actually under contract for the extension of Hartle Road. Mr. Bonin added that the sidewalk would end in a cul-de-sac. Chairman Jones asked why the City wouldn't give the developers a year to see how things work out without the sidewalk. He said the sidewalk will cost a substantial amount, and he would not like to see it built if it would not be useful. Mr. Henschel replied that there is no timeline from the County. The proposed Hartle Road extension could come very soon or not for several years. He said the developer wants to wrap things up and get their final certificates of occupancy. Mr. Bonin said they are closing out the building of Heritage Hills. He said there is no need for the sidewalk with either alignment of Hartle Road and that it is going to be a dead end either way. He said the only reason you would use that sidewalk would be to get into Heritage Hills, and if you were a resident there you could use the internal sidewalk. Stuart Kinniburgh, 3736 Serena Lane, Heritage Hills, said that as a resident, he wanted to know if the sidewalk is not built, and a year down the road if someone decides that there is a need for the sidewalk can the Homeowners Association then be responsible for providing the sidewalk. He said he would like to support Lennar, however if it is going to cost the HOA in the future, he is not for eliminating the requirement. Chairman Jones asked Mr. Morgeson if this was an issue that could come up in the future. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 6, 2017 Page 3 Mr. Morgeson, legal representative for the City of Clermont, said that it could be an issue in the future. Debra Renning, 3649 Corcica Lane, Heritage Hills, said that people who are using the sidewalk could gain access to the Heritage Hills community. She said there are a lot of people in her community who want to have the external sidewalk built. Ms. Renning stated that she wants the sidewalk built. She said that all the other communities along Hartwood Marsh Road have a sidewalk, and that it would look more professional if it was consistent with the surrounding communities. She said the City should stick to the requirement. Harry Mason, 3667 Caladesi, Heritage Hills, said the builder wants the requirement removed so they can get their certificates of occupancy and move on. He said some money should be set aside to eventually build the sidewalk when the County does bring Hartle Road down. Eric Sorkin, 3948 Sanibel St., Heritage Hills, said that the required sidewalk will not go anywhere and he would hate to see City taxpayer money going to maintain such a sidewalk. He said further that it is safer for the residents of the community to use the internal sidewalk. Mr. Sorkin asked for clarification as to removing the requirement from the CUP. Mr. Morgeson said that if the requirement is removed, then no one will be required to build the sidewalk. If at a later date the sidewalk is required, it will not be Lennar's responsibility to install it. Rob Bonin, said that Lennar is not trying to get their final certificates of occupancy and leave. He reiterated that the sidewalk is unnecessary and will go nowhere. Chairman Jones closed the public portion of the meeting. Commissioner Proli said she is thinking about the future and all the growth. She asked if there is a school near this property. Mr. Henschel said there is a charter school about a mile away. Commissioner Proli said she is concerned with safety of children going to and from school without a sidewalk in place. Commissioner Thayer said there is a question about when the configuration of this road will be changed. She said it could be changed next year or in five years. Commissioner Thayer said that with all the growth, and not knowing what will be built in the future, a sidewalk is necessary. Commissioner Martin said there is a traffic problem along Hartwood Marsh Road and that a lot of people walk along Hartwood Marsh Road. He said the sidewalk is necessary. Commissioner City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 6, 2017 Page 4 Martin also shared his concern that if you eliminate the requirement here it could set a precedent, and others will want to eliminate that requirement in the future. Chairman Jones said that 1,200 feet of sidewalk will be quite an expense for something that appears that it will not service many people. He would like to find a way to compromise,but doesn't know how that will happen. Chairman Jones said that there are many places in the City of Clermont where sidewalks should have been put in place and weren't. Commissioner Martin made a motion to deny the request to eliminate the requirement for an external sidewalk, seconded by Commissioner Proli. The vote to approve denial of the request was unanimous. 2. REQUEST FOR A CONDITIONAL USE PERMIT REQUEST: To allow for a shopping center within the Lost Lake Reserve PUD. APPLICANT: CTV3, LLC Senior Planner McGruder presented the staff report as follows: The applicant is requesting a Conditional Use Permit(Resolution No. 2017-29) to allow for a commercial shopping center over 20,000 square feet in the Lost Lake Reserve PUD. The Conditional Use Permit is for a commercial shopping center that will consist of multiple office and retail buildings for a total of 56,325 building square feet for the project site. The multiple buildings will allow a variety of retail and service uses consistent with the C-1 Light Commercial zoning district. Any commercial lot splits must go through the commercial subdivision platting process. The subject property is identified as Parcel "L"designated as Town Center in the Lost Lake Reserve PUD. The subject property is currently vacant and located at the northeast corner of Citrus Tower Boulevard and Johns Lake Road. The parcel consists of 7 +/- acres. The Lost Lake Reserve PUD Master Plan (Resolution No.1294) land use conditions require each parcel be developed with the directives of the DRI and in accordance with the approved Master Plan. The subject property, Parcel "L,"requires a CUP for shopping center use. The proposed development is consistent with the intent of the approved PUD Master Plan for this parcel. Staff recommends approval of the Conditional Uses Permit. Chairman Jones asked if the elevations show entrances on both front and rear of the buildings. Ms. McGruder exhibited the north and south elevations, and then the east and west elevations. City of Clermont .MINUTES PLANNING AND ZONING COMMISSION July 6,2017 Page 5 Chairman Jones asked how much of the site would be professional office and how much would be retail. Jennifer Koch, of Langley, Nagel, Crawford & Modica, 1201 W Highway 50, representing Citrus Tower Park, said that it would be heavily medical office use. Chairman Jones opened the floor to the public. No one wanted to speak, so he closed the public portion. Commissioner Thayer asked if the majority was going to be medical. Ms. Koch replied that is their understanding right now. Commissioner Proli asked about the slope. She suggested that they not make steep cuts and flatten the land or have high walls as it takes away from the aesthetics. Mr. Henschel assured her that all the grading will be done to code. Commissioner Martin asked if sidewalks will be available on both Citrus Tower Boulevard and on Johns Lake Road. Mr. Henschel said there will be sidewalks on both streets. Commissioner Thayer made a motion to approve the request, seconded by Commissioner Martin. The vote for approval was unanimous. There being no further business, the meeting was adjourned at 7:28 p.m. 4011/ Nio,t es, Chairman ATTEST: tietzt fre. McAlli er—Planning Specialist