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03-01-2005 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION March 1, 2005 The meeting of the Planning & Zoning Commission was called to order Tuesday, March 1, 2005, at 7:00 p.m. by Chairman David Pape. Members present were Sy Holzman, Carolyn Mathieson, Henry Rhee, Roger Pierce, David Outlaw, Elwood Treadwell, Peter Geigel and Maggie Miller. Also in attendance were Darren Gray, Assistant City Manager, Curt Henschel, Planner, Barbara Hollerand, Planner, Daniel Mantzaris, City Attorney and Jane McAllister, Planning and Zoning Clerk. MINUTES of the Planning and Zoning Commission meeting held February 1, 2005 were approved as written. REPORTS Commission Member Miller reported that she attended the Lake County Planning Workshop held in February. Commission Member Miller informed those present that the discussions included some strong feelings about open spaces and schools. She said the consensus was that the County should listen to the local cities. • 1. REQUEST FOR A CONDITIONAL USE PERMIT OWNER/APPLICANT: Community Care Health Services REQUEST: To allow for the operation of an adult day care facility in the C-1 Light Commercial zoning district. LOCATION: 236 Chestnut Street. EXISTING ZONING: C-1, Light Commercial District. EXISTING LAND USE: One single family residence. FUTURE LAND USE DISTRICT: Non-Established District -3 (NED-3) FUTURE LAND USE CLASSIFICATION: Residential Professional. Planner Curt Henschel introduced this request by saying that the applicant intends to locate the Community Care Health Services Adult Day Care facility in an existing residential structure. In September 2004 Community Care Health Services obtained a Conditional Use Permit to operate on the same parcel of land but was unable to purchase the entire parcel. The original CUP consisted of • three parcels of land. This CUP request is for one of the original three parcels. City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 1, 2005 Page - 2 - The Community Care Health Services (CCHS) provides for physically impaired or mentally challenged adults currently cared for at home, a safe place to go during the week to socialize, participate in supervised activities, and receive physical care and monitoring as needed, all while retaining as much independence as possible. Currently there is a 1,000 square foot single family residence on the parcel. The applicant intends to renovate this building to operate CCHS. The business will require 5 parking spaces. CCHA operates on Monday through Friday from 8:00 am to 6:00 pm. Three employees will staff the facility throughout the day, and approximately 12 clients will be dropped off in the morning and picked up in the afternoon. A variance request has also been applied for by the applicant addressing four issues: 1) to allow for grass parking, 2) to allow for a landscape buffer to be 3 feet in width rather that 10 feet in width, 3) to allow fora 9 foot driveway aisle rather than the standard 24 foot wide driveway aisle, and 4) to allow for 9 foot wide parking spaces rather than the code minimum of 10 feet. • Staff recommends approval of the request. Chairman David Pape asked if the applicant was present. Nick Jones, 1320 Bowman Street, Clermont, FL 34711 explained that the request is only for a portion of the original plan because they could not acquire the other site. He stated he would answer any questions. Chairman Pape asked is there was anyone in the public who wished to speak to this issue. There was no one. Commission Member Pierce asked if a time limit could be placed on the Conditional Use Permit. Mr. Jones said it would not be a problem to insert a time limit. He stated that this site will only be temporary until they are able to get the grants they need to expand the center. He stated it will probably take 2 to 3 years to accomplish that. Commission Member Pierce moved to a,nprove the request with the added condition that there be a 3 vear time limit placed on the Conditional Use Permit; seconded by Commission Member Miller. The vote was unanimous in favor of . the motion. 2 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • March 1, 2005 Page - 3 - 2. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Greg Homan APPLICANT: Asher's Church, Inc. REQUEST: To allow the operation of a church in the C-2 Commercial District. EXISTING ZONING: C-2, Commercial. SIZE OF PARCEL: 4.6 +/- acres LOCATION: 141 N. Highway 27 EXISTING LAND USE: Former Church (Approx. 3,300 s.f.) FUTURE LAND USE DISTRICT: Undeveloped District-5 (UD-5). FUTURE LAND USE CLASSIFICATION: Commercial. • This request was introduced by Planner Curt Henschel who stated that the applicant intends to establish a church at an existing business plaza. The church is looking to occupy a 3,300 square foot space available at the Citrus Tower Shopping Plaza. The church intends to have 60 seats for Sunday service, and intends to operate a Wednesday evening bible study that will start at 7:30 pm. In June 1999 a church obtained a Conditional Use Permit (resolution #1068) and operated out of the same location. Within the permit, a 24 month time limit was established, and staff recommends the same time frame be established for the new proposed church. Chairman David Pape asked if the applicant was present. Timoty Moses, 11729 Clair Place, Clermont, FL 34711, said that since coming to the community he has been giving a helping hand to those in need. He asked that the Conditional Use Permit be for 36 months rather than the 24 months granted to the last church that occupied this space. Mr. Moses said he would answer any questions. • 3 City of Clermont MINUTES PLANNING AND ZONING COMMISSION i March 1, 2005 Page - 4 - Chairman Pape asked if there was anyone in the public who wished to address this item. There was no one. Commission Member Holzman asked Curt Henschel if staff would object to allowing this church to occupy the premises for 36 months rather than 24 months allowed to the previous church. Planner, Curt Henschel said staff would have no objection to 36 months. Commission Member Holzman moved to approve the request with the condition that the church be allowed 36 months at the location; seconded by Commission Member Mathieson. The vote was unanimous in favor of the motion. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT /OWNER: Kenneth Bosserman REQUEST: To rezone the subject property from UE Urban Estate to C-1 Light • Commercial District SIZE OF PARCEL: +/- 17 acres. EXISTING LAND USE: One single family residence. FUTURE LAND USE CLASSIFICATION: Lake County Urban Expansion EXISTING ZONING: Urban Estate (UE) This request was introduced by Planner Curt Henschel who stated that the subject property is a 17 acre tract located on the west side of East Ridge High School. The property is currently zoned Urban Estate (UE) and is adjacent to city utilities. The applicant is requesting a rezoning from UE, Urban Estate residential zoning to C-1 Light Commercial zoning. The 17 acre parcel will have road frontage on Hooks Street which will be a future frontage road connecting from Highway 27 to Hartle Road. This frontage road will have a mixture of professional offices and multi family projects along its path. The applicant is requesting a light commercial zoning (C-1) that is not consistent with the future land use proposed for this area. Staff believes this area is appropriate professional office use but not for retail uses. • 4 City of Clermont MINUTES • PLANNING AND ZONING COMMISSION March 1, 2005 Page - 5 - Staff recommends approval of the rezoning request to C-1 only with an annexation agreement limiting the parcel to professional office and residential uses. Chairman David Pape asked if the applicant was present. Cecelia Bonafay, Akerman, Senterfitt, 131 W. Main Street, Tavares, FL 32778, is representing the applicant. Ms. Bonafay explained why they changed the application for rezoning from R-3 to C-1 by saying that R-3 limits the property to residential and professional office, and that every time a professional office wanted to go on the property it would require a Conditional Use Permit. Professional office is a permitted use in C-1 and would not require a CUP. It would also permit personal service establishments such as beauty shops, tailors, shoe repair, dancing and photographic studios, and light retail like a bakery shop, clothing store, furniture and appliance stores, hardware store and florist. Ms. Bonifay said that there is not enough demand for professional office to make the entire parcel professional office, and that the school board has expressed concern with adding any more residential that would further impact the schools in • the area. Chairman Pape asked if there was anyone in the public who would like to address this request. There was no one. Commission Member Outlaw asked what the school intends to do with the 35 acre parcel it is acquiring from Mr. Bosserman. Cecelia Bonafay said that the school (East Ridge High School) is expanding its campus. Chairman Pape asked Ms. Bonafay to define which C-1 services she is requesting. Ms. Bonafay replied that she wants whatever the code allows under C-1. Chairman Pape asked staff why they wish to limit the C-1 zoning through an annexation agreement. Assistant City Manager Darren Gray explained that the J.P.A. wishes to have the property south of Hooks Street as professional office as a transition to the Commercial to the north or Hooks Street on Highway 50. City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 1, 2005 Page - 6 - Ms. Bonafay stated that the J.P.A. Land Development Regulations were supposed to be finished in November 2004, and that they are still not finished. She said the City can not enforce what has not been approved. She also stated that she would agree to C-1 permitted uses only. Commission Member Holzman stated that the city needs to do more planning and less zoning. Commission Member Mathieson asked staff if they would consider agreeing to C- 1permitted uses only. Planner Curt Henschel stated that staff stands by its report which states C-1 with an annexation agreement limiting development of the property to residential and professional office only. There was further discussion as to what the school board would like to see on this property and whether that would have an impact on what the school board does about the other 35 acres Mr. Bosserman owns just south of this site. • Commission Member Pierce questioned why the School Board seems to be driving this rezoning request. He said that he is against C-1 uses on this property. Commission Member Pierce moved to deny the request seconded by Commission Member Treadwell. Commissioner Member Geigel said that with the recent discussion about the overcrowding in the schools there should be no more residential. The vote was 5-4 in favor of denying the request with Commissioner Members Pape, Geigel, Holzman and Mathieson oaposing the motion. 4. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Langley Corporate Investments APPLICANT: Randy Langley REQUEST: To allow for a Planned Unit Development (PUD) for single family • homes. 6 City of Clermont MINUTES PLANNING AND ZONING COMMISSION . March 1, 2005 Page - 7 - EXISTING ZONING: R-1-A, Residential. LOCATION: The Northwest corner of Lakeshore Drive and Hooks Street. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Established Residential District -1 (ERD-1). FUTURE LAND USE CLASSIFICATION: Residential. Planner Barbara Hollerand introduced this request by stating that it is to allow a single family Planned Unit Development at a density of 4 homes per acre. The applicant is proposing to build up to 24 upscale multi-story homes, including some with basement garages. The PUD would enable the applicant to build on lots smaller than the 13,000 square foot minimum allowed in R-1-A, the property's zoning district. Additionally, the PUD would allow flexibility in site design criteria, including establishing setback standards and minimum lot widths different than those in the R-1-A • zoning district. The Planned Unit Development process would afford the developer greater control in lot placement, potentially resulting in the preservation of some of the specimen live oak trees located on the property. Transportation issues become significant when developing the property at the higher density of 4 units per acre. Access to the property is limited to Lakeshore Drive/Hooks Street intersection, which is currently under study for redesign, due to safety concerns. Through traffic along Lakeshore Drive and at the Lakeshore Drive/Hooks Street intersection will be lessened with the opening of the South Lake Connector to the south, development of the subject property prior to that improvement will result in additional congestion to Lakeshore Drive and further degradation of its level of service. Redesign of the Lakeshore Drive/Hooks Street intersection would need to precede the development of the property or occur concurrently. The applicant would need to provide a traffic study that analyzes the development's impacts with and without the South Lake Connector and the redesign of the intersection. Staff is not in support of a Planned Unit Development at the applicant's proposed density of 4 units per acre, which allows for up to 24 homes. Given the existing low-density character of the neighborhoods to the north and west of the proposed development, staff believes lesser densities are more appropriate. Additionally, because access to the development would be from Lakeshore Drive, staff • believes the transportation impacts to Lakeshore Drive and the Lakeshore Drive/Hooks Street intersection would be significant at the higher density. 7 City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 1, 2005 Page - 8 - Redesign of the intersection must precede development of the property it its allowed densities are higher than the R-1-A standards. Ms. Hollerand called attention to Section 2, Item 2 which calls out Lot Sizes and Setbacks for the development, and Section 4, Item 1 which states that the Lakeshore Drive/Hooks Street intersection shall be improved/redesigned prior to the issuance of any certificates of occupancy. Chairman Pape asked if the applicant was present. Cecelie Bonafay, Akerman, Senterfitt is representing the applicant Randy Langley of Langley Corporate Investments. Ms Bonifay said that they were before this board a few months ago and that they approved amulti-family town home proposal. She explained how the surrounding rights-of-way, through time, became part of the lots that abutted them. Therefore the entry and exit to this project must be on Lakeshore Drive. She said her client was asking for the PUD to limit the lot size to less than what is required by R-1-A and requests that in Section 2, Item 2 the setbacks be changed to 20 feet in the front, 5 feet on the side and 10 feet in the rear of each lot. Chairman Pape asked if there was anyone in the public who wished to speak about this request. Michael Bonnano, 1829 Ramie Road stated that he is against having 24 houses on the property that is directly behind his home. Bill Banzhaf, 790 W. Montrose St., Clermont, FL 34711 said that the request for 48 townhomes that came before the Commission for this property was the highest and best possible use of the land. He said that 24 single family homes is a generous compromise. Regarding the traffic, at a County meeting recently on improvements to this intersection the improvements were pushed back because when the south connector opens it will relieve traffic at this intersection. Commission Member Pierce stated that he is concerned with the density and asked if Staff could add limitations to lower the density. Commission Member Mathieson said that they have already made a major change to their plans to lower the density. Commission Member Holzman said that the project would be a good transition • from the Mobile Home Park to the east and the surrounding residential area. City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 1, 2005 Page-9- Commission Member Outlaw asked what size homes would be built on the lots. A figure on the map included with the backup material indicated there was approximately 3200 square feet available for building construction. Commission Member Outlaw made mention that in the original agreement the applicant agreed to supply funding toward the improvements of the intersection of Hooks St and Lakeshore Dr. and that he did not see that agreement in tonight's document. Cecelia Bonafay said he was correct and that it is not included in this new document. Chairman Pape read the original motion by Commission Member Outlaw into the record. Commission Member Geigel said that the build able area was too big for the size lot depicted on the conceptual map provided. • Commission Member Rhee asked if there was any guideline as to the maximum slope allowed in the PUD. Curt Henschel said the developer would have to adhere to the grading ordinance and the Land Development Regulations. Commission Member Pierce moved to approve the request with staff recommendations and the restriction that the applicant participate in fhe funding of the Improvements for the intersection of Hooks Street and Lakeshore Drive; seconded by Commission Member Rhee. Commission Member Mathieson asked why the Commission would ask for the developer to fund the improvements to the intersection when they have lowered the density. There was discussion of how many lots would finally be developed at this site due to the slope of the property. Most agreed that it would be approximately 18 lots. The vote was 8-1 against the motion with Commission Member Pierce voting "aye„ 9 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • March 1, 2005 Page -10 - Commission Member Geigel moved to approve the request for a PUD with a maximum of 24 lots incorporatin_g staffs recommendations in Sections , 2, 3. 4, and 5; seconded by Commission Member Holzman. Commission Member Outlaw moved to amend the above motion so that the intersection improvements will be funded by the developer,• seconded by Commission Member Rhee. Commission Members Miller and Mathieson stated they could not support having the developer fund the intersection improvements. The vote on the amendment to the motion was 7-2 against with Commission Members Outlaw and Holzman voting in favor of the amendment. The vote on the original motion was 7-2 to approve the motion with Commission Members Outlaw and Pierce voting againsf approval. Planner Barbara Hollerand said that the following two items are for the same development and will be heard and discussed together. • 5. REQUEST FOR A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT OWNER: Property Development & Management, Inc. APPLICANT: Scott Stuart -Kelly, Collins & Gentry, Inc (KCG) REQUEST: To change the Future Land Use Map designation from UD-2 Residential to UD-2 Commercial. LOCATION: The Northeast corner of Highway 27 and Steve's Road. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District -2 (UD-2). FUTURE LAND USE CLASSIFICATION: Commercial. Planner Barbara Hollerand introduced this request by saying that this is a request for asmall-scale comprehensive plan amendment to change the Future Land • Use Map designation for the 10-acre parcel from Undeveloped District -2 (UD-2) Residential to UD-2 Commercial. The applicant has proposed that the vacant 10 City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 1, 2005 Page - 11 - property be developed as a 16 screen, 2,880-seat movie theatre with complementing retail and commercial uses. The owner proposes to combine the 10-acre property with approximately 21 additional acres with Highway 27 frontage to the west that already has a UD-2 Commercial Future Land Use designation. A Conditional Use Permit application for developing the combined 31 acres is also on this agenda. The applicant's request meets the criteria for a small-scale comprehensive plan amendment. 6. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Property Development & Management, Inc. APPLICANT :Scott Stuart -Kelly, Collins & Gentry, Inc (KCG) REQUEST: To allow for a Conditional Use Permit for a Planned Unit Development (PUD) that will consist of a retail center with a sixteen screen movie theater as the main tenant. • LOCATION: The northeast corner of Highway 27 and Steve's Road. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District -2 (UD-2). FUTURE LAND USE CLASSIFICATION: Commercial. 3. Planner Curt Henschel introduced this by saying that the request is to allow a mixed use commercial Planned Unit Development with retail shops and six out parcels for various restaurants and similar commercial uses along Highway 27. The key component of this proposed development is a 2,280 seat, 16 screen movie theater. The commercial area to be developed is approximately 30 acres, there is an additional 32 +/- acres (east side) that will be developed at a later date with the potential use as amulti-family residential development. The applicant will also be requesting a variance to the grading ordinance due to the severe slope in topography around the parcel. With the recent commercial growth within the area, staff believes this area is appropriate for this type of development and recommends approval. • Chairman Pape asked if the applicant was present. 11 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • March 1, 2005 Page - 12 - Scott Gentry, of KCG Engineering, 1700 N Orange Ave, Orlando, FL 32804 is representing the developer and showed a conceptual drawing of how the movie theater will look. Chairman Pape asked if there was anyone in the public who wished to speak about this project. There was no one. Commission Member Pierce noted that there is considerable grading that will need to be done on the parcel. Mr. Gentry said they would be applying for a variance to the grading ordinance. Commission Member Outlaw mentioned that in the Comprehensive Plan Amendment it says that Steve's Road will be improved by others. Mr. Outlaw asked if staff was alright with that. Curt Henschel said that staff is recommending that prior to issuing a Certificate of Occupancy Steve's Road be constructed to the eastern property line. • Commission Member Outlaw asked how many acres are left for residential and is residential slated for the remainder of the property? Curt Henschel said the potential use is multi-family, but they could come back and ask for commercial. Commission Member Mathieson asked about the access points. Scott Gentry said they are lining up the access to their project with the commercial project to the south. Commission Member Mathieson asked if there was going to be access to this property from the reverse frontage road. She wants to look at the whole picture not just the 30 acres for the theater and out parcels. There was further discussion about access to the property. Cecelia Bonafay made a statement that she is representing another project that includes a movie theater and that that project has been delayed because they are doing a Large Scale Comprehensive Plan. She said that this project has been splintered so that they can do a Small Scale Comprehensive Plan and get their theater in place first. • Chairman Pape asked what was going on the out parcels. 12 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • March 1, 2005 Page - 13 - Scott Gentry said they had no commitments for the out parcels yet, that they are concentrating on getting the theater in. Commissioner Pierce said that he doesn't like what is being presented. The whole project should be considered not just the 32 acres for this part of the project. There was further discussion about why this development is being processed in this manner. Commissioner Miller said there was much to consider about access and roads on this project. Commissioner Holzman asked if they would need a Comprehensive Plan Amendment for the rest of the property. Curt Henschel said they would if they chose to develop the rest as commercial. Commissioner Miller said she was reluctant to approve this project unless there • is a better plan. She said there are too many questions. Commissioner Outlaw said there are too many issues that are not addressed in the plan presented. The traffic conditions have not been well thought out. Commissioner Treadwell is concerned with the excessive grading. Commissioner Rhee wanted to see traffic studies done. Commissioner Pierce is concerned about traffic in the area as well. Commissioner Geigel is concerned over multiple curb cuts on Highway 27. They have access from Steve's Road. They should show what other access there will be. They need a better plan. Curt Henschel said the plan presented to the Commission is a conceptual plan and that staff is not in support of the curb cuts off of Highway 27 or the traffic movements indicated on the plan. In the matter of the Small Scale Comprehensive Plan Amendment Commissioner Mathieson moved to approve the request; seconded by Commissioner Treadwell. The vote was 6-3 in favor of approval with Commissioners Pape, Outlaw and • Holzman opposed. 13 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • March 1, 2005 Page -14 - In the matter of the Conditional Use Permit Commissioner Mathieson moved to improve the r~epuest; seconded by Commissioner Geigel. The general consensus of the Commission was that there simply was not enough information presented to them to allow them to make a knowledgeable recommendation. The vote was 8-7 NOT to approve the request, with Commissioner Mathieson voting to approve. DISCUSSION OF NON-AGENDA ITEMS Commissioner Outlaw expressed his concern that the Commission should have some workshops to collect data for specific zoning language so that when a developer comes into the city and wishes to do a project they do not have to go through the Conditional Use Permit process to do a commercial project in a commercial zoning. They would only have to go through the permitting process. . Commissioner Miller asked Darren Gray when a new Planning Director would be hired. Mr. Gray replied that they had a couple of good interviews and hope to hire someone within the next month. There being no further business the meeting wa: ATTEST: C. McAllister - n U ~/~ ~ n ' anning Technician II 14