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11-01-2005 Regular Meeting • City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 1, 2005 The meeting of the Planning & Zoning Commission was called to order Tuesday, November 1, 2005, at 7:00 p.m, by Vice Chairman Sy Holzman. Members present were David Outlaw, Maggie Miller, Elwood Treadwell, Peter Geigel, and Henry Rhee. David Pape and Roger Pierce were absent. Also in attendance were Jim Hitt, Planning Director, Curt Henschel, Principal Planner, Barbara Hollerand, Principal PlannerDaniel Mantzaris, City Attorney and Jane McAllister, Planning and Zoning Secretary. MINUTES of the Planning and Zoning Commission meeting held October 4, 2005 were approved as written. REPORTS There were no reports. 1. REQUEST FOR A REZONING OWNER/APPLICANT: Ladd Development, Inc. REQUEST: To Rezone 13.71 acres from Urban Estate to R-2. • LOCATION: Located on the north side of Johns Lake Road, east of U.S. 27 and west of Hancock Road. EXISTING LAND USE: Vacant, but developing as single-family residential. FUTURE LAND USE DESIGNATION: Lake County Urban Expansion. Planner Barbara Hollerand introduced this request by saying that the property owner has prior approval in the County to develop as asingle-family 42-home subdivision, a density of 3.13 homes per acre. The property was zoned R-6 Urban Residential at the time of approval. The subdivision was platted in the County in May and approximately five homes are currently under construction. There are no model homes in the subdivision. The property owner entered into a water and wastewater service agreement with the City on May 27, 2003 with the condition that the City could annex the property when it became contiguous to the City limits. The 26-acre Ortiz property (now know as Be11a Terra) to the south was annexed into the City in March, making Southern Pines contiguous and its annexation appropriate at this time. Densities would remain at 3.13 homes/acre in the City. Lot sizes and configurations are to be constructed in accordance with the preliminary plat approved by the County in Apri12003, according to the terms of the water and • wastewater service agreement. City of Clermont MINUTES PLANNING AND ZONING COMMISSION • November 1, 2005 Page - 2 - The property is bounded by Bella Terra single-family residential on the south and mostly 5-acre residential tracts on the north, west and east. Access will be from Johns Lake Road, an urban collector, along the property's southern boundary. A large-scale comprehensive plan amendment to include this property in the City's Undeveloped District -7 (UD-7) future land use district will be processed with the first-cycle amendments for 2006. Staff recommends approval of the request. Barbara Hollerand noted that the applicant was not present. Vice Chairman Holzman asked if there was anyone from the public who wished to speak about this request. Becki Elswick, Lake County School Board representative asked that the developer be asked to consider installing sidewalks so that the children who will live in this subdivision will have a safe path to the nearby Lost Lake Elementary School. • Vice Chairman Holzman closed the public portion since there was no one else who wished to speak. Vice Chairman Holzman suggested postponing this item since the developer was not present to answer questions. City Attorney Mantzaris pointed out that this property got certain entitlements in the County, that plans have already been approved and that it will be annexed into the City with those entitlements. Planning Director Jim Hitt told the Commission that Staff could recommend that sidewalks be included in the plans. Commissioner Treadwell moved to approve the request: seconded by Commissioner Outlaw. The _vote was 3-3. the motion failed Commissioner Outlaw moved to table the item until the end of the meetinq• seconded by Commissioner Rhee. The vote was unanimous for tabling the item until the end of the meetinq. 2. REQUEST FOR A REZONING OWNER: Kenneth A. Cassady & Tracy L. Cassady 2 } City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 1, 2005 Page - 3 - APPLICANT: Clermont Services Group, LLC., Jeffrey Stalnaker REQUESTED ACTION: A request to rezone the subject property from UE Urban Expansion to C-2 General Commercial. EXISTING ZONING: UE -Urban Expansion. SIZE OF PARCEL: 4.08+/- acres, GENERAL LOCATION: The Southwest corner of Highway 50 and Oakley Seaver Drive. EXISTING LAND USE: Vacant FUTURE LAND USE DESIGNATION: Lake County Urban This request was introduced by Planning Director Jim Hitt who stated that the subject property is a 4.08 acre tract located on the southwest corner of Highway 50 and Oakley Seaver Drive. The property is currently zoned Urban Estate (UE) • and city utilities are available. Since all annexed properties enter the City with UE Urban Estate Residential zoning, the applicant is requesting a rezoning to C-2 General Commercial zoning. Prior to annexation, the property has a County zoning of CP (Planned Commercial) on the north portion and R-6 (Urban Residential) on the south portion. The applicant/owner is currently developing a plan for a restaurant and a commercial building on the site. The surrounding property uses to the North are Southern Bank and other commercial uses, to the East are Florida Choice Bank, Outback restaurant and Florida Plaza. To the South and West is Dewitt sand mine. The proposed Future Land Use for this area is commercial, and is complementary to the surrounding area. With prior zoning being primarily commercial and future land use of commercial, staff recommends approval of the request. Vice Chairman Holzman asked if the applicant was present. The applicant was not present. Vice Chairman Holzman asked if there was anyone in the public who wished to speak about this request. There was no one. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 1, 2005 Page - 4 - Commissioner Miller asked staff when Oakley Seaver Drive will be extended to the south. Planning Director Jim Hitt said it should be within three to eight months. Commissioner Miller moved to table this item until the end of the meeting• seconded by Commissioner Rhee. The vote was unanimous to table the item 3. REQUEST FOR CONDITIONAL USE PERMIT OWNER: South Lake Hospital APPLICANT: Hospice of Lake & Sumter REQUESTED ACTION: To allow for the construction of a 10 bed Hospice House in the R-3-A zoning district. EXISTING ZONING: R-3-A, Residential/Professional • SIZE OF PARCEL: 2+/- acres GENERAL LOCATION: One quarter mile east of the intersection of Citrus Tower Blvd. and Oakley Seaver Dr. (north of the South Lake Hospital). EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District - 5 (UD-5). FUTURE LAND USE CLASSIFICATION: Residential/Professional Planner Curt Henschel introduced this request by stating that the applicant is requesting a Conditional Use Permit to establish a medical and professional office in the R-3-A zoning district. The proposed use for the parcel will be Hospice of Lake and Sumter. Hospice plans to build a 16,000 square foot building with 10 beds. Hospice will offer expert medical care along with a home like setting. Terminally ill individuals who can not remain in their home due to lack of a willing or capable caregiver will have the Mike Conley Hospice House as an option for their care. This project was previously approved as a conditional use permit in May 2005, but because the applicant failed to sign and execute the CUP within the allowed • time frame, the document was rendered void. The applicant is now requesting 4 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • November 1, 2005 Page - 5 - the same conditional use permit as was approved in May of 2005 without any changes. The project meets the criteria of the land use designations and zoning district and therefore, staff recommends approval. Vice Chairman Holzman asked if the applicant was present. Tom Grimer, Hospice of Lake and Sumter, Tavares, FL. asked that the request be approved. Vice Chairman Holzman asked if there was anyone in the public who wished to speak about this request. There was no one. Commissioner Miller moved to approve the request, seconded by Commissioner Rhee The vote was unanimous for approval of the request. 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Edgington Enterprises, Inc. OWNER: Clermont Yacht Club, Phil Edgington REQUEST: To amend Resolution No. 1029 for a Planned Unit Development to eliminate an opaque fence requirement along the north and east property line. EXISTING ZONING: PUD (Planned Unit Development). SIZE OF PARCEL: 33+/- acres. GENERAL LOCATION: Northeastern corner of East Avenue and Grand Highway. EXISTING LAND USE: Clermont Yacht Club PUD LAND USE DISTRICT: Undeveloped - 4 (UD-4). LAND USE CLASSIFICATION: Commercial. Planner Curt Henschel introduced this request by saying that the request is to amend Resolution No. 1029, which is a Conditional Use Permit to allow a 5 City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 1, 2005 Planned Unit Development consisting of 205 multi-family units and 266 townhome/condominium units, with various amenities such as clubhouses, pools, tennis courts, basketball courts, etc. This amendment is to revise Section 5 #2 entitled Site Improvements /Landscaping. The existing Planned Unit Development does call out for an opaque fence to be installed, thus requiring this amendment request. The applicant is proposing to eliminate the requirement for an opaque fence along the north property line adjacent to Cherry Knoll subdivision and the eastern property line adjacent to the Edgewood subdivision. The applicant and the Homeowners Association of Cherry Knoll Subdivision have been in contact with each other, and have determined that an enhanced vegetative buffer would be preferred over a standard landscape buffer and an opaque fence. A letter from the Cherry Knoll Homeowners Association has been provided and the applicant has been working with the homeowners association to obtain a preferred landscape buffer. Staff supports the amendment request to eliminate the opaque fence requirement along the north and east property line. Vice Chairman Holzman asked if the applicant was present. Phil Edgington, 1150 W. Minneola Ave, Clermont, FL explained that the residents of Cherry Knoll have requested that he eliminate the required fence and instead use a vegetative buffer. Vice Chairman Holzman asked if there was anyone in the public who wished to address this request. Ann Creo, 330 Division Street, Clermont, FL said that the Cherry Knoll Homeowners Association has approved the request to remove the requirement for a fence on the north side of Clermont Yacht Club. Commissioner Treadwell asked if the homeowners on the east side in Edgewood approve of having a vegetative buffer instead of a fence. Brett Cole, 270 Crestview Dr., Clermont, FL is a resident of Edgewood whose property faces the east side of the Clermont Yacht Club. Mr. Cole stated that he does not wish to see trees cut down so that a fence can be put up in their place. He prefers to have the trees. Arlene Hanks, 240 Division Street, Clermont, FL who is a resident of Cherry Knoll and a member of the Clermont Garden Club, said she would much prefer an 6 City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 1, 2005 Page-7- enhanced hedge to a fence. She said that Clermont is a designated "Tree City" and should endeavor to remain as green as possible. Commissioner Miller moved to approve the request• seconded by Commissioner Outlaw The vote was unanimous for approval of the recruest. 5. REQUEST FOR A CONDITIONAL USE PERMIT OWNER: Towerco LLC. APPLICANT: Crosspoint Presbyterian Church REQUEST: Request for a Conditional Use Permit to allow for the operation of a church facility in the M-1 Industrial zoning district. EXISTING ZONING: M-1, Industrial. LOCATION: 355 Citrus Tower Blvd. 'h mile east of Highway 27. • EXISTING LAND USE: Heritage Square Shopping Center. FUTURE LAND USE DISTRICT: Un-Developed District -5 (UD-5) FUTURE LAND USE CLASSIFICATION: Industrial. Planner Curt Henschel introduced this request by saying that the applicant intends to establish a church in an existing business plaza. The church is looking to occupy a 1,425 square foot space available at Heritage Square Shopping Center on Citrus Tower Blvd. The church primarily intends to use the space as an office for their existing church that does not have a permanent building to date. The office will also serve as a assembly for night- time gatherings of 30 to 40 members. With the existing businesses operating at normal business hours, and the church operating at "after business" hour's staff believes there will not be any parking issues on or off site. Staff recommends approval of this request. Vice Chairman Holzman asked if the applicant was present. 7 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • November 1, 2005 Page-8- Rev. Bryan C. Stamper Jr. Pastor of the Crosspoint Presbyterian Church, 932 Cornell Avenue, Clermont, FL said that his church mainly needs office space and that is mainly what this space will be used for. He offered to answer any questions the Commission might have. Vice Chairman Holzman asked if there was anyone in the public who wished to address this request. There was no one. Commissioner Outlaw asked if the other tenants in the shopping center were aware of the church occupying this space and if any of them have any objections. Steve Barr, of Towerco LLC, Clermont, FL stated that the other tenants have been notified and have no objections. Vice Chairman Holzman asked how long the church planned to occupy this space. Rev. Stamper said that two years will probable be all they need, but if they need a longer period they will return and ask for more time. They are planning to build anew building in the near future. Commissioner Miller asked where the new church will be built. Rev. Stamper said they are in the process of selling one piece of land and buying another for the future home of the church. Commissioner Treadwell moved to approve the request• seconded by Commissioner Miller. The vote was unanimous for approval of the request 6. REQUEST FOR A CONDITIONAL USE PERMIT OWNER: 3A LLC. APPLICANT: Paulson Mitchell Inc./Careen Cramer for Tuffy Auto Center REQUEST: To allow for the construction of an auto repair center. EXISTING ZONING: C-2, General Commercial. SIZE OF PARCEL: 1.2+/- acres. • 8 City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 1, 2005 Page - 9 - GENERAL LOCATION: Sandhill Commons Commercial Subdivision. South side of Highway 50, approximately one mile east of Highway 27. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District 2 (UD-2). FUTURE LAND USE CLASSIFICATION: Commercial Planning Director Jim Hitt introduced this request by saying that the applicant requests a Conditional Use Permit for an automotive repair center in the C-2 General Commercial zoning district. The parcel is one lot within the Sandhill Commons commercial subdivision. The site is currently vacant and is surrounded on all sides by commercial properties. The applicant proposes a 5,090 square foot building to include an 8 bay service center and 775 square feet of office space. The existing Developers Agreement for Sandhill Commons does allow for this type of use provided that the service bays do not face Highway 50. The hours of operation will be 7:30 a.m. to 6:00 p.m. Monday through Friday, 7:30 a.m. through 4:00 p.m. on Saturday, and closed on Sunday. Staff recognizes that there will be a mixture of commercial uses within the area and recommends approval of the request. Vice Chairman Holzman asked if the applicant was present. T. Careen Cramer, of Paulson Mitchell Inc., 9600 Koger Blvd. N., Suite 103, St. Petersburg, FL 33702 said she would answer any question. Vice Chairman Holzman asked if there was anyone in the public who wished to address this request. There was no one. Commissioner Geigel asked if there would be collision work done on the premises. T. Careen Cramer said there would be no major repairs like collision done. She said there would be oil changes, mufflers, brakes and other small automotive repairs. Commissioner Outlaw moved to approve the request seconded by Commissioner Treadwell. The vote was unanimous for approval of the request • 9 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • November 1, 2005 Page -10 - 7. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT/OWNER: Pulte Homes Corporation REQUEST: For a Conditional Use Permit for a Planned Unit Development (PUD) to allow for the construction of a residential subdivision. EXISTING ZONING: PUD SIZE OF PARCEL: +/-207.67 acres. GENERAL LOCATION: Between Florida's Turnpike and Old Highway 50 (C.R. 50), east of Hancock Road, west of C.R. 455. EXISTING LAND USE: Vacant (but infrastructure development is undenr/ay) FUTURE LAND USE DISTRICT: Lake County Urban Expansion. Planner Barbara Hollerand introduced this request by saying that the City has a long-standing agreement to provide water and sewer service to this property, once known as the "Luber" property, which has been vested in the County as an approved Planned Unit Development since 1990. A condition in the agreement between the City and the Donald Luber Trust was that the City could annex the property once it became contiguous. This agreement to annex constitutes a deed restriction that applies to future owners of the property. The City annexed the 26-acre property to the south of Verde Ridge on October 11, 2005. This property created the link to the Verde Ridge property, making it contiguous to the City limits. Pulte Homes acquired Verde Ridge and its development rights and covenants in March 2005. The developer has cleared the planted pine on the property and has pulled permits for the development of the infrastructure. Permits already processed through Lake County include the planned development; preliminary subdivision plan; recorded plats (Plat Book 56, pages 37-46, recorded 9/29/05); construction/engineering plans, including Phase 1A; hardscape plans including project signage; landscape plans; temporary marketing signs along Florida's Turnpike and C.R. 50; pool/cabana recreation center (including hardscape, landscape and architectural); sales preview center (landscape and architectural); addressing plan; model permits (up to 10 model units); construction trailers, and transportation capacity reservation. Other agency approvals secured prior to December 13, 2005 include an Orlando Utilities Commission lighting agreement; Florida Department of Environmental Protection (FDEP) water permit (WD35- 10 City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 1, 2005 Page -11 - 0080588-147); FDEP sewer permit (CS35-0242625-001); FDEP Notice of Intent (FLR10AC28); St. Johns River Water Management District permit (40-069- 89624-1); and Florida Fish and Wildlife Conservation Commission gopher tortoise incidental take permit (LAK-77). Pulte Homes anticipates opening up to 10 model homes around April 2006. The subdivision will include three phases -1A, 1 and 2. Street lighting will be installed by Orlando Utilities Commission. Staff recommends approval of the Conditional Use Permit for the Planned Unit Development at the County-approved densities and development standards. This development is fully vested in the County and will retain its existing development approvals upon annexation into the City. Vice Chairman Holzman asked if the applicant was present. Attorney Mark Thomson, 300 S. Orange Ave., Orlando, FL and Tina Demostene, Pulte Homes, 4901 Vineland Rd., Suite 500, Orlando, FL 32811 were available to answer questions. Vice Chairman Holzman asked if there was anyone in the public who wished to speak about this request. Randall Baker, representing Mary Raney who lives in Greater Hills stated that the land has been cleared of vegetation and the sound is resonating into the neighborhood. He asked that the developer construct sound walls. He also asked if the developer does not want to construct sound walls, could the site plan be rescinded and modified once the annexation takes place in order to require sound walls, and to have lesser density. He is concerned with additional school overcrowding as well. City Attorney Mantzaris explained that this development is being done pursuant to a previous agreement done in 2002. The City accepted this utility agreement and said that when this property is contiguous to the City it will be annexed into the City. The owner of the property is allowed to go through the County process and is allowed to receive any entitlements they can get from the County. Once the property is annexed into the City, the City can not change those entitlements. Becki Elswick, Lake County School Board Member, asked the applicant to be a good partner to the school system in Lake County and asked for sidewalks where appropriate, turning to accommodate buses, pickup points for students. • 11 City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 1, 2005 Page -12 - There was no one else in the public who wished to speak and Vice Chairman Holzman asked if the applicants representative would like to address any of the points brought up by Mr. Baker and Mrs. Elswick. Tina Demostene stated that the development is already platted and infrastructure is already being constructed. She went on to say there was a significant buffer planned for the perimeter of the subdivision. Commissioner Miller stated that schools are an issue and asked what the school impact fees for these homes would be. Tina Demostene said it will be whatever the current impact fees are now. Commissioner Miller asked where the stated 30 acres of recreation is on the plat. Tina Demostene said the Clubhouse, pool, landscape buffers and wetlands are included in the 30 acres of recreation. Commissioner Miller stated that the community appears to have no open space. She said they have edges, wetlands, and the clubhouse. She "doesn't think there is a lot imagination here". Commissioner Rhee asked what improvements the developer will make to the existing County Road 50. Attorney Thomson said they have dedicated 17 feet of right-of-way for the widening of County Road 50 and land for the West Orange Trail. Commissioner Rhee asked if the developer has had an engineer test the decibel level of the noise from the Florida Turnpike. Attorney Thomson said the developer did not use the services of a sound engineer. Commissioner Outlaw stated that this project has major flaws but that this is another case of agreements having been entered into in anticipation of expanding the City boundaries and services and our hands are tied. He said there are things in place to avoid this in the future, but there isn't anything that can be done about this particular project. Commissioner Outlaw moved to approve the request. seconded by Commissioner Geigel The vote was 4-2 for approval of the request with Commissioners Miller and Holzman voting "naY". 12 City of Clermont MINUTES PLANNING AND ZONING COMMISSION . November 1, 2005 Page -13 - Vice Chairman Holzman announced that the next three items are all in the Kings Ridge Development of Regional Impact. They may be discussed together and shall be voted on separately. Commissioner David Outlaw recused himself from this discussion and vote because of a personal interest. He filed Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers. Planner Barbara Hollerand gave a background summary of these Kings Ridge DRI-related agenda items which is attached to and becomes part of these minutes. 8. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT/OWNER: Lennar Homes, Inc. REQUEST: To amend Resolution No. 1114 to allow for 1) The reduction of 908 residential units; 2) The elimination of multi-family units; 3) The reduction of office space; 4) An increase in commercial space and 5) A change of use for the cable TV facility within the P.U.D. EXISTING ZONING: PUD, Planned Unit Development SIZE OF PARCEL: +/-891.9 acres. GENERAL LOCATION: Kings Ridge, Kings Ridge Shopping Center, Somerset and Windy Hill Middle School area. EXISTING LAND USE: Age-and non-age-restricted single-family residential, golf courses, retail, office, middle school, recreation site, fire station, cable TV site. FUTURE LAND USE DISTRICT: Undeveloped District -7 (UD-7) Mixed-Use Classification 1. UTILITY AREA: City of Clermont Water/Sewer SITE UTILITIES: City of Clermont Water/Sewer SITE VISIT: 10/05 Planner Barbara Hollerand introduced this request by saying that this proposed amendment to the Kings Ridge PUD is directly related to a request for an amendment to the approved Kings Ridge Development of Regional Impact (DRI). 13 City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 1, 2005 Page - 14 - The applicant Lennar Homes, Inc. has requested an amendment to the approved Kings Ridge DRI that would add three properties totaling 548 acres to the existing DRI. Prior to hearing this amendment (invoked through a process called a Notice of Proposed Change to the DRI, or NOPC, changes must first be made to the City's Planned Unit Developments (PUD's) for the properties within the DRI. For the Kings Ridge DRI, there are three PUD's that must be amended prior to the hearing for the NOPC. These are the Kings Ridge PUD (originally adopted in 1998 and amended in 2000); the Legends PUD (originally adopted in 1998 and amended in 2001); and the Center Lake PUD (originally adopted in 2003 and requested to be added to the existing Kings Ridge DRI through the NOPC process). Although the Kings Ridge PUD is almost "built out", several changes should be made to reflect the actual number of residential units that were built within the PUD and to adjust the square footage for the commercial and office uses to reflect the existing, built-out development plan. Some discrepancies exist within the PUD because of a shifting of approved residential units and commercial/office square footage within the DRI as a while. The Kings Ridge PUD, for example, will show a reduction of 908 residential units once amended, while the Legends PUD will show an increase of 140 units. Consequently, this amendment to the Kings Ridge PUD merely clarifies the actual number of homes build in Kings Ridge and Somerset, which was fewer than what was approved in Resolution No. 1114, the resolution this amendment updates. Office use allocations within the Kings Ridge DRI are to be reduced by 5,000 square feet, or from 150,000 square feet to 145,000 square feet. The Kings Ridge PUD would also now show a 10,000 square foot increase in retail uses, due to shifting retail use allocations throughout the entire DRI. This additional 10,000 square feet of retail is already built as the Kings Ridge Shopping Center. Several other changes-such as the elimination of the approved multifamily use within the Kings Ridge PUD- will be made through this 2005 amendment to the PUD. These multifamily units, though permitted, were never built and should be deleted from the PUD documents. In reviewing all three PUDs with the approved DRI, several discrepancies in acreages, etc. were also noted and will be updated to reflect the actual development plan. A second, unrelated request to amend the Kings Ridge PUD is also being made at this time to allow for a change of use on a property under separate ownership 14 City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 1, 2005 Page -15 - within the DRI. This 1-acre property was identified in the original Kings Ridge PUD (Resolution No. 981, January 1998) as a cable TV facility site (head-in building). It was part of the DRI's 94.2-acre "Parcel B", which also included Somerset single-family residential on 63.2 acres and Windy Hill Middle School on 30 acres. Collectively, these three properties comprise "Parcel B" on Map H of the Master Development Plan for the Kings Ridge DRI. Prior to the approval of the Kings Ridge PUD in the City in 1998, the 1-acre site was already owned by Strategic Technologies, Inc. of Winter Garden, which bought the property in 1996. At that time, the Kings Ridge DRI was approved in the County. This site was described within this 1996 deed as a "telecommunications facility site". The property has changed ownership several times since 1996, but has always been used for a telecommunications use. A Special Warranty Deed was recorded on the property in May 2000, transferring ownership from Strategic Technologies, Inc. to Moffat Communications, Inc. of Zephyrhills. Bright House Networks, LLC entered into a Special Warranty Deed with Moffat Communications/Shaw Communications in June 2003. Bright House Networks, LLC sold the property September 8, 2005 to Congregation Sinai, Inc. which has stated its intention to use the property for a house of worship. There is a 288- square foot building on the property, which has direct access to Hancock Road. A separate Conditional Use Permit would also be required for Congregation Sinai to operate a house of worship on the site. Staff recommends approval of the amendment to the PUD. Vice Chairman Holzman asked if there was a representative from Lennar present. Amelyn Regis, Lennar, Inc., 151 Wymore Road, Altamonte Springs, FL. and John Percy of Glatting, Jackson, Inc. 33 E. Pine Street, Orlando, FL. were available to answer questions. Vice Chairman Holzman asked if there was anyone in the public who wished to address this request. Becki Elswick with the Lake County School Board questioned the final density of the DRI. Planner Barbara Hollerand explained that this amendment was an administrative process and that the City wants to roll Nottingham, which was not part of the original Legends property, into the Legends PUD. 15 City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 1, 2005 Page -16 - Vice Chairman Holzman stated that this was not entirely an administrative process and that some of this proposal involves actual changes. Lee Kaufman, 3840 Glenford Dr, Clermont, FL who is President of the Somerset subdivision Homeowners Association agrees that the satellite dishes should be removed. Mr. Kaufman objected to the development of Vista Royale because the traffic will be awful on Hancock Road. He went on to say that all the traffic will be going through his subdivision. There was no one else in the public who wished to speak and Vice Chairman turned the floor back to the Commission. Vice Chairman Holzman said that in reference to Resolution 1114, Section D, Recreation and Open Space, he takes exception to the 121 acres mentioned in the resolution. He said that figure is significantly lower than what is currently in the resolution. He went on to say there are many more acres of open space, that 121 acres is not nearly a valid figure, and that at the very least the acreage has to go back to the 222 mentioned in Resolution No. 981, but certainly not lower. Vice Chairman Holzman suggested postponing the whole process until a survey of the D.R.I. is done so it is known exactly how much common space there is. He said the changes in the PUD are not acceptable without taking out the 121 acres and replacing it with at least 222 acres. Commissioner Geigel agreed with Vice Chairman Holzman. He said the open space acreage should not be changed from the original PUD. He went on to say that if the figure is lowered Lennar will then be able to sell off property that is not included in the 121 acres. Vice Chairman Holzman passed the gavel to Commissioner Miller. Commissioner Holzman moved to change the acreage in Section D. Recreation and Open Space. Paragraph 1, from 121 to 222 acres: seconded by Commissioner Geigel. The vote was unanimous in favor of the change. Commissioner Miller returned the gavel to Vice Chairman Holzman. Commissioner Miller moved to approve the reguesf as amended; seconded by Commissioner Geigel. The vote was unanimous for approval. • 16 City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 1, 2005 Page -17 - 9. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT/OWNER: Lennar Homes, Inc. REQUEST: For a Conditional Use Permit to amend Resolution No. 1172 to include an additional 106 acres of land that was added to the Planned Unit Development (PUD), and additional 140 single-family residences and a reduction in commercial space. EXISTING ZONING: PUD SIZE OF PARCEL: +/-509.7 acres. GENERAL LOCATION: Legends and Nottingham at Legends. EXISTING LAND USE: Non-age-restricted single-family residential, golf courses and retail. FUTURE LAND USE DISTRICT: Undeveloped District 7 (UD-7) Residential* and UD-7 Mixed-Use Classification 1. *Comprehensive plan amendment pending to change UD-7 Residential to UD-7 Mixed-Use Classification 1. Barbara Hollerand introduced this request by saying that this proposed amendment to the Legends PUD is directly related to a request for an amendment to the approved Kings Ridge Development of Regional Impact (DRI). Applicant Lennar Homes, Inc. has requested an amendment to the approved Kings Ridge DRI that would add three properties totaling 548 acres to the existing DRI. Prior to hearing this amendment (invoked through a process called a Notice of Proposed Change to the DRI, or NOPC), changes must first be made to the approved Planned Unit Developments (PUD's) for the properties within the DRI. For the Kings Ridge DRI, there are three PUD's that must be amended prior to the hearing for the NOPC. These are the Legends PUD (originally adopted in 1998 and amended in 2001); the Kings Ridge PUD; and the Center Lake PUD. The original Legends PUD included "Parcel F" (residential; 399.2 acres, 730 approved homes) and "Parcel G" (retail/service; 4.5 acres; 50,000 square feet), as depicted on Map H of the Kings Ridge DRI Master Development Plan. Although the residential "ParcelF" has essentially built out (although to approximately 138 fewer homes than approve), the addition of the 106-acre 17 City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 1, 2005 Page -18 - "Parcel I" along "Parcel F" 's northern boarder necessitates several changes to the approved Legends PUD language. This "Parcel l" which is already being platted as the 278-home "Nottingham" neighborhood. (also reviewed as "Brookstone at Legends"), is zoned R-1. Through this amendment, "Parcel I" would be added to the Legends PUD; however, its 278 homes would develop to R-1 standards as approved. Together, "Parcel F" and "Parcel I" would now be approved for up to 870 homes on 505.5 acres, which is a density of 1.72 homes per acre. This represents a net increase of 140 residential units within the entire Legends PUD over what was originally approved in 1998. Another change to the Legends PUD is needed to reflect some reassigning of commercial square footage throughout the entire DRI. "Parcel G", the 50,000- square foot commercial property approved on the southwestern portion of the Legends property, is decreasing by half, or to 25,000 square feet, while the Kings Ridge PUD commercial increased by 10,000 square feet. The net effect on all Kings Ridge DRI properties is a reduction of 15,000 square feet of commercial space: S#aff recommends approval of the amendments to the PUD. Commissioner Miller moved to approve the repuest• seconded by Commissioner Geigel• The vote was unanimous for approval. 10. REQUEST FOR CONDITIONAL USE PERMIT OWNER/APPLICANT: Lennar Homes, Inc. REQUEST: For a Conditional Use Permit to amend Resolution No. 1356 to allow for a decrease of 101 single-family homes. EXISTING ZONING: PUD SIZE OF PARCEL: +/-442 acres. GENERAL LOCATION: "Vista Royale" -east of Somerset, east of Hancock Road and north of Hartwood Marsh Road. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: County Urban Expansion* 18 City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 1, 2005 Page -19 - '' Comprehensive plan amendment pending to change to Undeveloped District -7 (UD-7) Mixed-Use Classification 1) Planner Barbara Hollerand introduced this request by saying that this proposed amendment to the Center Lake PUD is directly related to a request for an amendment to the approved Kings Ridge Development of Regional Impact (DRI). Applicant Lennar Homes, Inc. has requested an amendment to the approved Kings Ridge DRI that would add three properties totaling 548 acres to the existing DRI. Prior to hearing this amendment (invoked through a process called a Notice of Proposed Change to the DRI, or NOPC), changes must first be made to the City's Planned Unit Developments (PUDs) for the properties within the DRI. For the Kings Ridge DRI, there are three PUDs that must be amended prior to the hearing for the NOPC. These are the Kings Ridge PUD; the Legends PUD; and the Center Lake PUD (originally adopted in 2003 and requested to be added to the existing Kings Ridge DRI through the NOPC process). The Center Lake property was annexed November 25, 2003 and granted a Conditional Use Permit for a PUD for an age-restricted community called "Vista Royale". A conceptual development plan for Vista Royale, prepared by Glatting Jackson Kercher Anglin Lopez Rinehart, was included by reference in the approved PUD. Lennar Homes acquired the property December 4, 2003 and has incorporated it into its Kings Ridge Master Development Plan as "Parcel I" on Map H. "Parcel I" included 1,225 age-restricted homes as well as a community center. While Lennar anticipates that the development of "Parcel H" will closely follow what was depicted in the Vista Royale conceptual development plan, the nine parcels previously identified on the plan as parcels A-I have now been relabeled as parcels 1-9 to avoid any confusion with parcels on Map H of the Kings Ridge DRI Master Development Plan. By incorporating the Center Lake PUDNista Royale into the Kings Ridge DRI as "Parcel H" on Map H, a reduction in the number of homes allowed on the 442- acre property results. Currently, the Center Lake PUD allows for 1,326 dwelling units (or 3 du/acre), while the DRI assigns the property 1,225 dwelling units, or 101 fewer units. All homes remain age-restricted. Staff recommends approval of the amendments to the PUD. 19 City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 1, 2005 Page - 20 - Commissioner Miller moved to approve the reguest• seconded by Commissioner Treadwell. The vote was unanimous for approval. 2. REQUEST FOR REZONING Item No. 2 on the agenda a Rezoning for Clermont Services Group was tabled to the end of the meeting in order to give the applicant time to appear. Planner Curt Henschel re-introduced the request. The applicant's agent, Jayson Stringfellow, 1455 W. Lakeshore Dr., Clermont, FL is available to answer questions. Vice Chairman Holzman asked if there was anyone in the public who wished to address this matter. There was no one. Commissioner Miller asked if all the right-of--way for future Oakley Seaver Dr. has been granted. Commissioner Geigel asked if they were working on the alignment. Planner Curt Henschel said the right-of-way has been granted and they are working on the alignment. Commissioner Geigel moved to approve the recruest• seconded by Commissioner Rhee. The vote was unanimous for approval of the request 1. REQUEST FOR REZONING Item No. 1 on the agenda a Rezoning for Southern Pines was tabled to the end of the meeting in order to give the applicant time to appear. There was no one present to answer questions about this item. Planning Director Jim Hitt pointed out that this Rezoning request for this item is staff driven because of a utility agreement with the owners. The owners were under the impression that they did not need to be present since it is staff driven. City Attorney Mantzaris explained to the Commission that as part of these agreements the owner is not responsible for driving the annexation and rezoning. The utility agreements are written to say that the City can annex whenever the City wants to do it. So the applicant may not be present with these old agreements. 20 • City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 1, 2005 Page - 21 - Commissioner Miller expressed concern over the sidewalk issue, and said she still wants to know from the developer what his intentions are about sidewalks. Commissioner Miller moved to table this item until the December 6. 2005 meeting of the Planning and Zoning Commission• seconded by Commissioner Geiqel The vote was 5-9 to table the item with Commissioner Outlaw voting "nay,° Vice Chairman Holzman asked if there was anyone in the public who wished to say anything. David Holt, 1379 Legendary Blvd. said he was curious about the passion of the Commission regarding Kings Ridge and the lack thereof regarding the Legends on the recreation space issue. He wanted to know if the Commission handles all matters consistently. Vice Chairman Holzman assured Mr. Holt that the Commission does indeed endeavor to be consistent in their considerations. • Jerry Solomon, 3656 Hawks Head Dr., Clermont, FL in Kings Ridge asked about the additional property Legends is buying from the church. He was advised that has already taken place and is becoming part of the Legends PUD. There being no further business the meeting was adj~ Sy Wo~zman, Vic~lChairman ATTEST: `~ ~~~ L ' ane C. McAlli er -Admin. Asst. t • 21 Summary of Dings ridge DRI-related agenda items November 2005 There are five items on the November P&Z and/or Council agendas related to the Kings Ridge Development of Regional Impact. This summary is intended only to provide some background information and to touch on some highlights. For detailed information, please refer to the staff reports and agenda packet materials. The three types of requests are- 1. An amendment to the adopted Kings Ridge Development of Regional Impact's Development Order, which was approved by the Council in 1998 (Process called a "Notice of Proposed Change to a Previously Adopted DRI" or NOPC) (Council hearing Nov. 22) 2. Comprehensive Plan Amendment changes-one text amendment and one Future Land Use Map amendment necessitated by the first request (Council hearing Nov. 22) 3. Clarifications to the Planned Unit Development zoning documents of the properties within the Development of Regional Impact the Kings Ridge PUD, Legends PUD and Center Lake PUD- again, necessitated by the first request. (P&Z Nov. l; Council Nov. 22) The Kings Ridge Development of Regional Impact includes not only Kings Ridge and its golf~courses, but the Kings Ridge Publix shopping center, the approved office space on the north end of Kings Ridge, Somerset, the City of Clermont Fire Station #2 on Hartwood Marsh Road, Windy Hill Middle School, a lecommunications building/site on Hancock Road, 5-acres of the City's Hancock Park recreation ~Cilities, Legends and its golf courses and the Legends commercial property. along U.S. 27. Florida statutes require that changes to previously approved Developments of Regional Impact go through the public hearing process (Request #1 above). In this case, the applicant, Lennaz Homes, would like to add two properties to the approved Kings Ridge Development of Regional Impact the 442-acre Center Lake property known as "Vista Royale" and a 106-acre property known as "Nottingham at Legends" that is north of the existing Legends subdivision. Several other related changes are part of this NOPC, including adding residential dwelling units associated with the new properties and the inclusion of a "conversion matrix" to allow the applicant flexibility in requesting future changes to the PUDs but without tripping the NOPC process again. To become part of the Kings Ridge DRI, these new properties will need to be assigned the "Undeveloped District 7 Mixed-Use Classification I" future land use, which is assigned to all Kings Ridge DRI properties. This action (the second request above) requires a comprehensive plan amendment and its associated public hearings. This comp plan amendment was already before P&Z and the Council eazlier this year as a proposed amendment, and it was transmitted for review by the Florida Department of Community Affairs and reviewing agencies. No agencies raised objections to the amendment, so it will come back to the Council for adoption hearings in November. Amendments to the Kings Ridge DRI Development Order also affect the underlying zoning for the properties within the Kings Ridge DRI (the third request). The Kings Ridge Planned Unit Development d the Legends Planned Unit Development were first approved in 1998 along with the Development ~ler for the DRI. Collectively, the two PUDs outlined the same conditions and approvals within the City of Clermont Planning Department - (352) 394-4083 x310 Updated October 27, 2005 oning that the Development Order and comprehensive plan did in the land use. Because both PUDs have ~een amended since 1998, however, they no longer match the 1998 Development Order and should be amended at this time. Because the Kings Ridge DRI actually developed to lesser densities than it was approved for, some clarifications to the PUD aze appropriate. In Kings Ridge and Somerset, for instance, 3,360 dwelling units were approved in 1998, including 512 multifamily villas. Because 2,242 dwelling units were actually built-and no multifamily-it is appropriate to amend the PUD to reflect that lesser figure and to eliminate the villas. Similazly, under the Legends PUD, 730 dwelling units were approved in 1998. However, the 592 homes actually built should now be reflected in the PUD instead of the 730. Other clarifications to the PUDs will account for some reassigning of approved uses throughout the entire DRI area. For example, the Legends PUD lost 25,000 square feet of retail while the Kings Ridge PUD picked up 10,000 squaze feet as part of the Publix shopping center. The proposed PUD amendments clarify these figures within each PUD to reflect what was actually built within the DRI and will help the City better track the actual number of dwelling units and commercial/office space. Because the cable TV site referenced in the 1998 Kings Ridge PUD approval is no longer needed-and was, in fact, sold to a Jewish congregation in September-a clarification to the PUD is needed to reflect a different use for that site. Another streamlining measure is the incorporation of the 106-acre Nottingham at Legends property into the Legends PUD. This property, already platted for 278 homes, has R-1 zoning and the necessary approvals to move forward with development. The City proposes to add this property to the Legends PUD, noting that it would develop to R-1 standards. By bringing the property into the PUD, the City is consolidating all Legends properties into a single type of zoning. ~ecause the Center Lake PUD would actuall lose 101 a roved dwellin uni s y pp g t by becoming part of the Kings Ridge DRI, the City proposes to amend that PUD to incorporate this reduction. All other approvals within this 2003 PUD--such as a limitation to age-restricted-only dwelling units-are preserved as the property becomes part of the DRI. "Map H," the Master Development Plan for the Kings Ridge DRI, is now referenced in all the PUD documents to better link the DRI approvals with the zoning. • City of Clermont Planning Department - (352) 394-4083 x310 Updated October 27, 2005 • w V M.ry •wv *~ •,w ~: ~U 4 ~•w ti 0 •,~ Oa cu 4~ ~~"+ A~ w ~~ ~,, a o~ .,,, N 'a C m J A a a~ .0 H C r~ 0 a a~ J ~~.+ C d U