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05-03-2005 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION • May 3, 2005 The meeting of the Planning & Zoning Commission was called to order Tuesday, May 3, 2005, at 7:00 p.m. by Chairman David Pape. Members present were Sy Holzman, Carolyn Mathieson, Roger Pierce,. David Outlaw, Peter Geigel and Maggie Miller. Elwood Treadwell and Henry Rhee were absent. Also in attendance were Darren Gray, Assistant City Manager, Jim Hitt, Planning Director, Curt Henschel, Planner, John Morgeson, City Attorney and Jane McAllister, Planning and Zoning Clerk. MINUTES of the Planning and Zoning Commission meeting held April 5, 2005 were approved as written. REPORTS Assistant City Manager Darren Gray announced that there were two items on the agenda that needed to be postponed. The Kings Ridge Large Scale Comprehensive Plan Amendment and the Home Depot Conditional Use Permit request. Commissioner Holzman moved to postpone the Kings Ridge Large Scale Comprehensive Plan Amendment until June 7. 2005; seconded by • Commissioner Pierce. The vote was unanimous in favor of the postponement. Commissioner Holzman moved to postpone the Home Depot Conditional Use Permit request to June 7. 2005; seconded by Commissioner Pierce. The vote was unanimous in favor of the postponement. Assistant City Manager Darren Gray introduced the new Planning Director, Jim Hitt. Planning Director Jim Hitt told those present a little bit about himself and about the experience in planning that he brings to this position. He said he was very happy to be here. 1. REQUEST FOR A CONDITIONAL USE PERMIT OWNER: LV Clermont Corporation APPLICANT: John Schmid REQUEST: To allow for more than four (4) tenants in a building, and to allow for a building to occupy more than 20,000 square feet. • LOCATION: S. Highway 27 in front of Legends Subdivision. City of Clermont MINUTES PLANNING AND ZONING COMMISSION • May 3, 2005 Page - 2 - EXISTING ZONING: PUD with C-2 General Commercial uses. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District 7 (UD-7). FUTURE LAND USE CLASSIFICATION: Mixed Use. Planner Curt Henschel introduced this request by saying that the applicant requests a CUP for an office and retail shopping center with 42,000 square feet of space. The parcel is within the Legends PUD and is zoned for light commercial uses. The site is approximately 4.3 acres and is currently vacant. The applicant is proposing to construct two, two story buildings with one access point from Highway 27. The maximum allowable square footage allowed by the existing PUD is 50,000 square feet. There is a mixture of commercial uses in the vicinity of the subject property. There is existing retail to the south, and expanding retail establishments to the east. Annexations and subsequent development have intensified the character of • the area. This area is appropriate for this type of development. Staff recommends approval of this request. Chairman Pape asked if the applicant was present. Duane Booth, of Farner Barley and Associates, 350 N. Sinclair Ave., Tavares, FL. is the project engineer and stated that the site is ideal for the proposed project. He showed a color rendering of the architectural design. Chairman Pape asked if there was anyone in the public who wished to address this request. There was no one. Commissioner Mathieson asked what type of access there was to the second floor of the buildings. John Schmid, 17447 Magnolia Isle Blvd, Clermont, FL, stated that there would be one set of elevators for each building as well as a staircase. Commissioner Outlaw called attention to the fact that on the landscape plan live oaks were placed too close together for proper growth. He said it meets city code but would be detrimental to the trees to be placed so close together. Curt Henschel said that problem would be discussed at site review. He added that the project is not tied to the landscape plan presented here. 2 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • May 3, 2005 Page - 3 - Commissioner Pierce asked what the grassy areas at the end of each building were intended for. Duane Booth said they were just open space. Commissioner Pierce moved to approve the request,• seconded by Commissioner Mathieson. The vote was unanimous in favor of approval. 2. SSA-2005-6 SMALL SCALE COMPREHENSIVE PLAN AMENDMENT Planner Barbara Hollerand introduced this request by saying that the eight applicants own property on Block 97 and Block 98, which are bounded by West Avenue on the east and 10th Street on the west. Block 97 has Desoto Street as its northern boundary and Juniata Street as its southern boundary. Block 98 has Juniata Street as its northern boundary and Broome Street as its southern boundary. This is a request for asmall-scale comprehensive plan amendment to change • the Future Land Use Map designation for seven of the property owners from Non-Established District 6 (NED-6) Residential to EBD-1 (Central Business District) Commercial. An eighth property owner, the Inglesia Pentacostal Manantial de Vida, Inc. church on Block 98 is asking for a Future Land Use Map change from NED-6 Public Facilities/Institutional to EBD-1 (Central Business District) Commercial. Presently Block 98 has three Future Land Use designations -NED-6 Residential, NED-6 Public Facilities/Institutional (the Inglesia Pentacostal church) and NED-1 Residential/Professional (Seabreeze Construction). Block 97 is entirely NED-6 Residential. The applicants' request meets the criteria for asmall-scale comprehensive plan amendment. All eight parcels are currently zoned R-3. Both blocks are zoned R-3, with the exception of the South Lake Community Foundation property on Block 98 (northeast corner of West Avenue and Juniata Street), which was rezoned CBD after receiving asmall-scale comprehensive plan amendment change to EBD-1 (Central Business District) Commercial in April 2001. The property on the southwest corner of Block 98 (corner of 10th Street and Broome Street) also successfully applied for and received a land use change through the small-scale amendment process, changing from NED-6 Residential to NED-1 Residential/Professional in April 2004. City of Clermont MINUTES PLANNING AND ZONING COMMISSION • May 3, 2005 Page - 4 - Many of the eight applicants have expressed frustration at the changing character of their neighborhood. With the future land use changes to CBD and Residential/Professional (office) that have already been approved in Block 98 in recent years, many feel the neighborhood is now more suited to office uses than residential. The city conducted a workshop last June on expanding the Central Business District westward from West Avenue to 12th Street. The views expressed by area residents at that workshop were mixed, with many voicing opposition to any expansion. The City has not considered any requests for expansion of the Central Business District since the June workshop. Staff recommends denial of the Future Land Use Map change for the eight parcels for the following reasons: • Based on the City workshop less than a year ago, there did not appear to be a demonstrated need to expand the Central Business District in this area west of West Avenue. • The EBD-1 (Central Business District) Commercial future land use • designation does not limit the uses to the professional office uses already found in Block 98. A broader range of uses (restaurant, retail the tourist accommodations) also are allowed under this future land use designation. • Because there has not been a unified request by all landowners of Blocks 97 and 98, the requested change would serve to fracture the land uses on these blocks between residential and commercial uses. Chairman Pape asked if the applicants were present. Eric Jones, 963 W. Juniata Street stated that he did not wish to see the neighborhood change, but that it has and now he finds himself at a disadvantage when trying to sell his property because it is residential in a neighborhood that is becoming more and more business oriented. Thomas Harris, 945 10th Street stated that he would like to open a business and run it from his home. He asked that the request be granted. Paula Jones, 963 W. Juniata St. suggested that a change to NED-1 might be better than a change to EBD. She said that EBD allows too much commercial. Stephanie Butler, 854 West Ave stated she bought her property 2 years ago and wished to live there and be able to have her personal service business there. 4 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • May 3, 2005 Page-5- She found that the Future Land Use and the Zoning of the property are not only not compatible they contradict each other. Maryann Bartlett, 1009 Kaimy Street, Orlando, FL. stated she owns a rental property that is not included in this request. She requested that the entire block be either remain the way it is, or the entire block be changed. Jerry Butler, 854 West Avenue, said that a lot of people who were against his property being taken into the CBD less than a year ago are now applying to have their property become part of the CBD. Chairman Pape suggested that all the property owners in both blocks should be given the opportunity to make application for changing their future land use designation. Commissioner Holzman stated that he can't see doing pieces of a block. EBD may not be the best designation, maybe it should be NED-1. He said it should be pulled and the other property owners should be notified and asked their preference. • Commissioner Pierce agreed that both blocks should be done in their entirety and that NED might be a better designation. Planner Barbara Hollerand stated that she was originally approached by the Jones', whose property is contiguous to EBD to change their designation to EBD. However, since then others on the blocks who have expressed an interest in a map change are contiguous to NED-1 so that is also a possibility now. Chairman Pape asked if staff would support aNED-1 designation. -~~Barbara Hollerand stated that if there was support from all the property owners on both blocks that would make a much stronger application. Commissioner Outlaw stated that this is a prime example of why the city should be looking at doing an administrative future land use small scale amendment without having to have the individual property owners do it. We should go ahead and do what is best for the redevelopment of the downtown area. Commissioner Outlaw asked the City Attorney what the Commission could do this evening as far as doing asmall-scale amendment to include the entire two blocks. 5 City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 3, 2005 Page - 6 - City Attorney John Morgeson explained that the Commission can only act on the request that is before them. Commissioner Mathieson stated that the market has determined the change in the area and that NED-1 may be a better choice for a land use for more of the property owners. Commissioner Miller asked what uses are allowed in NED-1. Planner Barbara Hollerand showed the NED-1 uses. Commissioner Miller commented that NED-1 looked like it allows even more commercial than CBD does. Barbara Hollerand explained that the area would be designated NED-1 Residential/Professional, so only office and residential would be allowed on that property. There would still be no personal services allowed. Commissioner Pierce asked if the Commission tables this request would staff • meet with all the owners so they have the opportunity to be informed and included in the application. The City Attorney stated that the Commission must address the application before them and can also make recommendations. Commissioner Miller moved to approve application with the recommendation thaf the rest of the two blocks be included in the application,- seconded by Commissioner Pierce. Commissioner Mathieson said that by denying the request you are saying there are issues that need to be addressed. Commissioner Outlaw suggested that staff be instructed to do the entire blocks. The motion was denied 4-3. Commissioner Pierce moved to table the request with a recommendation to the City Council that staff be instructed to meet with the property owners to determine a more appropriate zoning designation for the two blocks; seconded by Commissioner Outlaw. The vote was unanimous in favor of the motion. • 6 City of Clermont MINUTES PLANNING AND ZONING COMMISSION . May 3, 2005 Page-7- Planner Barbara Hollerand announced that the next four requests are administrative. They all involve property that was annexed into the city but were never assigned a city land use. Each retains its County assigned land use. 3. LARGE SCALE COMPREHENSIVE PLAN AMENDMENT This request was introduced by Barbara Hollerand who stated that this is an administrative large-scale comprehensive plan amendment to update the City's Future Land Use Map to recognize the Sept. 28, 2004 annexation of the then- vacant 49 acre property (now Southern Fields) and to assign an Undeveloped District -7 (UD-7) Residential future land use district designation to the property. The subject property is south of Hartwood Marsh Road, east of Hancock Road and immediately east of Regency Hills. The development's first phase is platted and now under construction. At the time of annexation, this property already had a Lake County future land use of Urban Expansion. Because the future land use in the County was sufficient to develop this property as single-family residential, the City moved . forward Sept. 28, 2004 with a rezoning to R-1. The development was approved for up to 139 homes with a density of 2.8 units per acre. Staff recommends approval of the Future Lane Use Map change for the 49-acre parcel for the following reason: • The property, already annexed into the City in 2004, still retains its County future land use (Urban Expansion). The City's map needs to be updated to include this property with an assigned City future land use (UD-7 Residential). Commissioner Mathieson moved to approve the repuest,~ seconded by Commissioner Holzman. The vote was unanimous in favor of approval. 4. SMALL SCALE COMPREHENSIVE PLAN AMENDMENT This request was introduced by Barbara Hollerand who said that this is an administrative small-scale comprehensive plan amendment to update the City's Future Land Use Map to recognize the Sept. 28, 2004 annexation of the 2.8 acre proposed commercial development and to assign an Undeveloped District -5 (UD-5) future land use district designation to the property. The subject property is north of S.R. 50, west of Hancock Road and just east of the Progress Energy substation. 7 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • May 3, 2005 Page - 8 - At the time of annexation, this property already had a Lake County future land use of Urban. Because the future land use in the County was sufficient to develop this property as commercial, the City moved forward Sept. 28, 2004 with a rezoning to C-2 to allow for a mixed use commercial development. The property owner also owns Tract 15, immediately to the east. That site has a UD-5 Residential/Professional future land use. This administrative amendment meets the criteria for asmall-scale comprehensive plan amendment. The property, already annexed into the City in 2004, still retains its County future land use (Urban). The City's map needs to be updated to include this property with an assigned City future land use (UD-5 Commercial). Commissioner Mathieson moved to approve this request; seconded by Commissioner Holzman. The vote was unanimous in favor of approval. 5. SMALL SCALE COMPREHENSIVE PLAN AMENDMENT Barbara Hollerand introduced this request by saying that it is an administrative small-scale comprehensive plan amendment to update the City's Future Land Use Map to recognize the July 27, 2004 annexation of the 3.7 acre proposed Courtyard Plaza development and to assign an Undeveloped District -5 (UD-5 future land use district designation to the property. The subject property is north of S.R. 50, west of Hancock Road and just east of the Hampton Inn project. At the time of annexation, this property already had a Lake County future land use of Urban. Because the future land use in the County was sufficient to develop this property as commercial, the City moved forward July 27, 2004 with a rezoning to C-2 and a Conditional Use Permit approval to allow for a mixed use commercial development. Development on this site is underway. This administrative amendment meets the criteria for asmall-scale comprehensive plan amendment. Staff recommends approval of the Future Land Use Map change for the 3.7 acre parcel for the following reason: • The property, already annexed into the City in 2004, still retains its County future land use (Urban). The City's map needs to be • updated to include this property with an assigned City future land use (UD-5 Commercial). 8 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • May 3, 2005 Page-9- Commissioner Mathieson moved to approve the request; seconded by Commissioner Holzman. The vote was unanimous for approval. 6. SMALL SCALE COMPREHENSIVE PLAN AMENDMENT Barbara Hollerand introduced this request by stating that it is an administrative small-scale comprehensive plan amendment to update the City's Future Land Use Map to recognize the July 22, 2003 annexation of the 3 acre parcel (part of the proposed Hampton Inn development) and to assign an Undeveloped District- s (UD-5) future land use district designation to the property. The subject property is north of S.R. 50, west of Hancock Road and east of the City of Clermont water tower. At the time of annexation, this property already had a Lake County future land use of Urban. Because the future land use on the County was sufficient to develop this property as commercial, the City moved forward on July 22, 2003 with a rezoning to C-2 to allow for a hotel development. This amendment meets the criteria for asmall-scale comprehensive plan amendment. Staff recommends approval of the Future Land Use Map change for the 3-acre parcel for the following reason: • The property, already annexed into the City in 2003, still retains its County future land use (Urban). The City's map needs to be updated to include this property with an assigned City future land use (UD-5 Commercial). Commissioner Mathieson moved to approve the request; seconded by Commissioner Holzman. The vote was unanimous for approval. 7. REQUEST FOR A CONDITIONAL USE PERMIT OWNER: Triple R, LLC APPLICANT: Michael Bahor REQUEST: To amend Resolution No. 1319 to allow for the hotel to obtain a final certificate of occupancy prior to the construction of Legends Way. 9 City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 3, 2005 Page - 10 - GENERAL LOCATION: North of Highway 50, 1 '/ miles East of Highway 27. EXISTING LAND USE: Commercial -Hampton Inn. FUTURE LAND USE DISTRICT: Undeveloped District - (UD-5). FUTURE LAND USE CLASSIFICATION: Commercial. Curt Henschel introduced this request by saying that the applicant is currently developing the subject property as a hotel (Hampton Inn). The original Conditional Use Permit anticipated the construction of Legends Way before the anticipated opening of the Hampton Inn. Thus, within the original conditional use permit, the completion of Legends Way was made part of the approval for the certificate of occupancy for the hotel. Due to the delays in design, permitting, and construction of Legends Way, the road improvements will not be completed in time for the anticipated opening of the hotel (around June 15th ). After the approval of the hotel conditional use permit, the South Lake Hospital had significant changes approved to the future frontage road (Legends Way). • These changes did delay the start of the frontage road but did not delay the start of the hotel. Since the development of Legends Way is under construction, and staff believes that the construction will be completed within a timely manner, staff recommends approval of the amendment request. Chairman Pape asked if the applicant was present. Michael Bahor, Sheffield Engineering, 4322 Anderson Road, Orlando, FL said that with the addition of a left turn lane from Eastbound Highway 50 Legends Way is no longer necessary for safety's sake. Emergency vehicles would have access to the hotel from either way on Highway 50. Commissioner Holzman moved to approve the request: seconded by Commissioner Miller. The vote was unanimous for approval. 8. REQUEST FOR A REZONING APPLICANT/OWNER: South Lake Hospital. REQUEST: To rezone the subject property from UE Urban Estate to R-3-A Residential/Professional District. • 10 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • May 3, 2005 Page - 11 - LOCATION: North side of Oakley Seaver Drive and West of Citrus Tower Blvd. In Hospital View subdivision. EXISTING LAND USE: Vacant FUTURE LAND USE DESIGNATION: UD-5, Residential/Professional Office. EXISTING ZONING: UE Urban Estate. Curt Henschel introduced this request by saying that the owner of the property is planning to develop a seven lot medical/professional office subdivision. Each lot is approximately 2 acres in size and fronts along Oakley Seaver Drive. The four lots to the west already have the correct zoning (PUD) and land use (residential/professional office) for the proposed use. The remaining three lots (lots 5, 6, and 7) fall within the Urban Estate zoning and require a zoning change to R-3-A residential/professional to allow for the proposed use. The property is appropriately located along a collector roadway with vacant property to the north and west. To the south is the South Lake Hospital and to • the east is the Florida Power easement, and College Park subdivision. The proposed project meets the criteria of the land use designations and is appropriately located and complimentary to surrounding uses. Staff recommends approval of the requested rezoning to R-3-A Residential/Professional zoning district. Chairman Pape asked if the applicant was present. Project Rick McCoy of McCoy and Associates, 713 W. Montrose Street said he would answer any questions about the property. Chairman Pape asked is there was anyone in the public who wished to address this issue. There was no one. Commissioner Pierce asked what "Tract A" was and if it was being rezoned. Curt Henschel said that Tract A was an access road and roads are not zoned. Commissioner Holzman moved to approve the request: seconded by Commissioner Mathieson. The vote was unanimous for approval. • 11 City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 3, 2005 Page -12 - 9. REQUEST FOR A CONDITIONAL USE PERMIT OWNER: South Lake Hospital. APPLICANT: Hospice of Lake & Sumter. REQUEST: To allow for the construction of a 10 bed hospice house. EXISTING ZONING:R-3-A, Residential/Professional. SIZE OF PARCEL: 2+/- acres GENERAL LOCATION: 2100 Oakley Seaver Drive (Lot 6 Hospital View). EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District -5 (UD-5). FUTURE LAND USE CLASSIFICATION: Residential/Professional. Curt Henschel introduced this request by saying 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 the 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 case. The project meets the criteria of the land use designations and zoning district and therefore, staff recommends approval. There was discussion as to whether R-3-A was the proper zoning district for hospice. Commissioner Miller said that hospice was consistent with other uses in the R-3- A zoning district. Commissioner Pierce stated that the site plan submitted for this request has no information about landscaping, parking, or water retention. He said it was inadequate, and that he was disappointed with the quality of this submittal. • 12 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • May 3, 2005 Page - 13 - Curt Henschel stated that the issues brought up by Commissioner Pierce were typically discussed at site plan review. Chairman Pape suggested that Mr. Henschel insist upon better quality submissions from the applicants in the future. Chairman Pape asked if there was anyone from the public who wished to address this issue. There was no one. Commissioner Miller asked if there was anyone from Hospice who would like to speak. Ms. Hoskinseal, from Hospice in Tavares, FL said that the project would be very nice and that anyone who needed the services of Hospice at the new location would surely be pleased with the surroundings and the care. Commissioner Outlaw moved to approve the request; seconded by Commissioner Miller. The vote was unanimous for approval. DISCUSSION OF NON-AGENDA ITEMS Commissioner Outlaw said he would like to open a dialog with the new Planning Director and other members of the Commission. He suggested forming an Ad Hoc Committee made of members of the Commission to get information from other communities' future land use language and processes in order to rework our existing procedures. Commissioner Outlaw suggested that someone from the City needs to be a member of the Florida Planning and Zoning Association. Commissioner Geigel agreed with the concept but thought the first step should be meeting with the new Director and then perhaps have a workshop. Commissioner Pierce agreed with the concept and would like to try to open a dialog with the City Council. Commissioner Miller would like to have a workshop with the City Council and the new Planning Director as soon as possible. Commissioner Holzman agrees with Commissioner Outlaw and suggested that the first thing should be a workshop with the new Planning Director, followed by a workshop with the City Council and then to proceed with the gathering of information from other cities and counties. 13 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • May 3, 2005 Page -14 - Commissioner Mathieson agrees and thinks the Commission should get direction from Staff and the City Council. Commissioner Outlaw said that the City is extremely active in our growth. Other communities have put a moratorium on growth in order to give staff a chance to catch their breath and catch up. Planning Director Jim Hitt complimented the Commission on being a very progressive and said he looks forward to working with them. He also complimented Staff for all their hard work. Tammy Phelps, 12740 Amber Ave, Clermont, FL said that there will be a meeting of the School Board and the City Council to discuss a growth resolution. She said she is with a group called "Voice" who are trying to work with the City Council because the schools are stressed. Sherry Bauman, spoke about school overcrowding. Cynthia Barrow, Osprey Point, Clermont, FL also spoke about school overcrowding and wishes the growth could be stopped long enough for the school system to catch up. Jim Purvis asked that the Planning and Zoning agenda be published on the city web site so it will be available, or to compile a list of email addresses for those people who wish to receive it that way. There being no further business the meeting was °~+~^~ ~rnari ATTEST: ~ __ ~` ne C. McAlli ter -Planning Technician II C7 14