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04-06-2004 Regular Meeting• City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 6, 2004 The meeting of the Planning & Zoning Commission was called to order Tuesday, April 6, 2004, at 7:00 p.m. by Chairman David Pape. Members present were Maggie Miller, David Lange, Roger Pierce, Henry Rhee, Carolyn Mathieson, Richard Tegen and Sy Holzman. David Outlaw was absent. Also in attendance were Barry Brown, Director of Planning, Robert Guthrie, City Attorney and Curt Henschel. Planner. MINUTES of the Planning and Zoning Commission meeting held March 2, 2004 were approved as written. REPORTS There were no reports. 1. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT AND OWNER: Joseph & Patsy Griffin and Joey Eberline • REQUEST: To allow a music studio to be established in the R-3-A Residential/Professional zoning district. LOCATION: 780 Almond Street. EXISTING LAND USE: Residential home. FUTURE LAND USE DISTRICT: Established Business District -2 (EBD-2) FUTURE LAND USE CLASSIFICATION: Commercial. ZONING: R-3-A, Residential/Professional. Planning Director Barry Brown introduced this request by saying that this Conditional Use Permit had been approved by the Planning and Zoning Commission and granted by the City Council in November 2003, but that the applicant failed to sign and return the permit within ninety days and so the Conditional Use Permit expired. Mr. Brown went on to say that the applicant intends to locate the South Lake Academy of Music in an existing residential structure. • City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 6, 2004 Page - 2 - The academy provides teachers and students individual instruction on a variety of musical instruments. These classes will take place in three individual rooms, the fourth room will be used as an office. The applicant is occupying a former residence of approximately 1500 square feet. The house will be converted into a music studio with individual sound attenuated rooms. Seven parking spaces will have to be provided for this use. The hours of operation will be between 9:00 a.m, and 7:00 p.m. Monday through Friday, and 10:00 a.m. to 1:00 p.m. on Saturday. Joseph Eberline, 576 W. Minneola Ave., Clermont, FL was sworn in and apologized to the Commission for having to come before them a second time on the same matter because he did not sign and return the Conditional Use Permit in the time allowed. Commission Member Pierce moved for approval of the request: seconded by • Commission Member Mathieson The motion passed with all members voting "a ye;, Commission Member Lange announced that he has a conflict of interest with the next three (3} items on the agenda and excused himself from discussion and voting on those issues. 2. REQUEST FOR A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT ORDINANCE #480-M. APPLICANT & OWNER: William Monath & Joseph Pozo REQUEST: To change the future land use from NED-6 to NED-1 to allow for a professional office. LOCATION: 953 10th Street EXISTING LAND USE: Non-Established District -6 (NED-6). FUTURE LAND USE DISTRICT: Non-Established District -1 (NED-1 ). • City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 6, 2004 Page - 3 - FUTURE LAND USE CLASSIFICATION: Residential EXISTING ZONING: R-1 Residential 3. REQUEST FOR A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT ORDINANCE #481-M. APPLICANT & OWNER: William Monath & Joseph Pozo REQUEST: To change the future land use classification from Residential to Residential/Professional. LOCATION: 953 10th Street EXISTING LAND USE DISTRICT: Non-Established District -6 (NED-6). FUTURE LAND USE DISTRICT: Non-Established District -1 (NED-1 ). FUTURE LAND USE CLASSIFICATION: Residential/Professional EXISTING ZONING: R-3 Residential/Professional. Sharon Farrell introduced these Ordinances by explaining that the applicant is requesting to amend the Future Land Use Map for the Northeast corner of Tenth Street and Broome Street, the South'/Z of lots 12 and 13, Block 98, changing the Future land Use District from NED-6 toNED-1 and changing the Future Land Use Classification from Residential to Residential/Professional for the purpose of converting an existing residential structure to professional office use. 4. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT & OWNER: William Monath & Joseph Pozo REQUEST: To allow the operation of a professional office in the R-3 Residential/Professional zoning district. • EXISTING ZONING: R-3, Residential/Professional. City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 6, 2004 Page - 4 - LOCATION: 953 10th Street. EXISTING LAND USE: Residential. FUTURE LAND USE DISTRICT: Non-Established District-1 (NED-1 ). FUTURE LAND USE CLASSIFICATION: Residential/Professional. Sharon Farrell introduced this request by stating that the applicant wants to operate a professional office at this location. The parcel is currently zoned R-3 and has the proper zoning for the requested use. The land use district and classification must be amended to allow for professional office use. David Pape asked if the applicant was present and would like to address the Commission. • The following people were sworn in: Vivian Pozo, 4414 Downpoint Lane, Windermere, FL and William Monath, 387 Seminole Street, Clermont, FL. Vivian Pozo asked the Commission to approve the two Small Scale Comprehensive Plan amendments as well as the Conditional Use Permit. She offered to answer questions. William Monath said that the company intends to occupy the building for the next year or so and will then rent or sell it to a title company or some other such business. Commission Member Tegen moved to approve Ordinance #480-M; seconded by Commission Member Mathieson. The vote was unanimous for approval with Commission Member David Lange abstaining. Commission Member Miller moved to approve Ordinance #481-M; seconded by Commission Member Tegen. The vote was unanimous for approval with Commission Member David Lange abstaining. Commission Member Mathieson moved to approve the request fora Conditional Use Permit seconded by Commission Member Pierce. The vote was unanimous for approval wifh Commission Member David Lange abstaining. • City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 6, 2004 Page-5- 5. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT :William McKeon OWNER: 1957 Holdings Inc./ Michael Crisante REQUEST: To allow the construction of a retail shopping center. EXISTING ZONING: C-2, General Commercial. SIZE OF PARCEL: 1.85+/- acres. GENERAL LOCATION: Southwest corner of the intersection of Highway 27 and Hartwood Marsh Road (south of Walgreens). • EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District -7 (UD-7) FUTURE LAND USE CLASSIFICATION: Commercial Barry Brown introduced this request by saying that the parcel is in C-2 General Commercial zoning. The City annexed the parent parcel in December 2000. The parent parcel was then rezoned C-2 and was divided into a two parcel commercial subdivision. The northern parcel was developed as a Walgreens. At the time of annexation, a developers agreement was created to include a 6' buffer wall along the western side of the properties. The buffer is to protect the residential subdivision to the west. There is a mixture of commercial uses in the vicinity of the subject property. The subject property is surrounded on 2 sides by the municipal limits of the City of Clermont. There is an existing retail pharmacy to the north (Walgreens). Annexations and subsequent development have intensified the character of the area. This area is appropriate for this type of development. A variance to allow for 18 foot long parking spaces is being requested so that the existing driveway will not have to be realigned. This driveway currently aligns with the existing Walgreens drive way to the north. • City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 6, 2004 Page - 6 - Staff recommends approval of this request. David Pape asked if the applicant was present and would like to address the Commission. Michael Chrisante, 1216 W. Washington St., Orlando, FL 32805 was sworn in and stated that the small retail center they are presenting will be architecturally pleasing and that landscaping will be provided to add character to the building. He stated he has met with the Vistas Homeowners Association and that they are in favor of the project. Ted Belville, 10930 Vista Del Sole Circle, Clermont, FL who is the President of the Vistas Homeowners Association was sworn in and said the Association recommends approval of the request. • Sy Holzman stated he had spoken to residents of Vacation Village, which is just to the south of the proposed project, and the residents there think the proposed use is appropriate for the area. William A. McKeon, 7115 Treasure Island Road, Leesburg, FL was sworn in and answered a question about the wall that ends at the Crisante property line and does not meet with the Walgreens wall. He stated that they would need permission from the Walgreens to tie the walls in together. Commisson Member Tegen moved to approve the request• seconded by Commission Member Miller. The vote was unanimous in favor of the motion with all members voting "aye': 6. REQUEST FOR A CONDITIONAL USE PERMIT OWNER: Messy Dog, LLC; Toppino LLC APPLICANT: Jimmy Crawford REQUEST: To amend the existing CUP to allow for a shopping center to include restaurants, retail, light duty auto service, oil change facility, full service car wash, • and office space. City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 6, 2004 Page-7- EXISTING ZONING: C-2, General Commercial. SIZE OF PARCEL: 11 +/- acres. GENERAL LOCATION: Northwest corner of Oakley Seaver Drive and Highway 50. EXISTING LAND USE: Sonny's Restaurant and United Southern Bank (Phase 1), Phase 2 is currently vacant. FUTURE LAND USE DISTRICT: Undeveloped District -5 (UD-5). FUTURE LAND USE CLASSIFICATION: Commercial Barry Brown introduced this request by saying that a CUP for the subject • property was approved in June 2000. It allowed for the development of the property as a movie theater complex with two out parcels. Currently, the movie company no longer has plans to construct on this site, this leaves the applicant with a new development proposal. The two out parcels have been developed and are operating as the Sonny's Restaurant and the United Southern Bank. With the remainder of the parent parcel to be developed, the applicant proposed an amendment to the existing CUP to add a shopping center with approximately 42,000 square feet. This will included restaurants, retail, light duty auto service, oil change facility, full service car wash, and office space. The applicant is also requesting a variance fora 15 foot wide landscape buffer along Oakley Seaver Dr. rather than the 20 feet per code. This will accommodate an 8 foot wide sidewalk rather than a 5 foot sidewalk and allow for 2 additional feet in the building pad. Also requesting a variance to allow for a portion of the western buffer to be sloped in order to accommodate the existing slope (same as the sloped buffer on the west side4 of Sonny's.) . Mr. Brown mentioned that the site plan would be changed to accommodate a change in the driveway so that it will line up with the Home Depot driveway City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 6, 2004 Page - 8 - across Oakley Seaver Dr. Jimmy Crawford, 1635 E. Highway 50, Clermont, FL stated that the uses proposed for the property are allowed on the property and could be put on without requesting a CUP. He went on to say that the site has been adjusted at the urging of City Staff and that this is a good design. David Pape asked those present who wished to speak in regard to this request stand and be sworn in and then as they approach the podium give their names and addresses. Don Bitanga, 1332 Briarhills Lane, Clermont, FL a member of the Board of Directors of the South Lake Forest Homeowners Association and was speaking for the residents of South Lake Forest. He stated the opposition to this CUP involves the three automotive service facilities that are proposed for this site. The fear is that their quality of life will be permanently diminished by the additional • traffic, storage of contaminated oil, extremely loud air compressor power tools, and the negative visual impact that will have the homeowners sharing the view of their backyards with the proposed businesses. Earl Ratliff, 1231 Laurel Haven Court, Clermont, FL is opposed to the project because it will encroach on the privacy of his backyard. He said he went to a Tire Kingdom and the noise was extremely loud. In addition people will be able to walk within only a few yards from his and his neighbor's homes. Mr. Kelly, 1196 Brentwood Drive, Clermont, FL 34711 is opposed to the project primarily because of the noise it will create. Oscar Sanchez, 1382 Briarhaven Lane, Clermont, FL is President of the Homeowners Association at South Lake Forest. He said these proposed uses will harm the neighborhood and detract from the City if placed at this location. He and his neighbors are opposed to the CUP. Charles Heinish, 1201 Laurel Haven Court, Clermont, FL lives in South Lake Forest and opposes the proposed project. John Vance, 1359 Briar Haven Lane, Clermont, FL. was a police officer and said there are severe accidents at Oakley Seaver Dr and Highway 50 now, and that will only get worse if this property is developed as proposed. City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 6, 2004 Page - 9 - Charlene Forth, 939 W. Desoto Street, Clermont, FL 34711 said she does not live in South Lake Forest, but is opposed to a project that would disturb a neighborhood like this one would. Michelle Jewel, 1213 Fairgreen Court, Clermont, FL 34711. Is opposed to the proposed project because she is home all day with her children, one of whom . has a breathing problem and could not be exposed to the gasoline fumes and other air pollution that would be created by this project. Jimmy Crawford stated that this is a commercial piece of land and if the project is denied by the City Council, they can come back and develop it parcel by parcel without getting a Conditional Use Permit. They would only have to have site plan approval. Bill Robinson, architect from Charlotte, NC works for Pavilliion Development and . Tire Kingdom. He stated he is not a audio consultant, but that Tire Kingdom has employed Audio Consultants who have done studies of facilities. Mr. Robinson proceeded to show graphs with decibel levels and how they dissipate over distance. Rick McCoy, 713 W. Montrose Street, Clermont, FL who is a project engineer explained how the traffic will flow well with the design presented. After further discussion Chairman David Pape called for a motion. Commission Member Roger Pierce moved that the request be denied; seconded by Commission Member Lange The vote was 7-7 for denying the request with David Pape voting against the denial. Jimmy Crawford asked why the request was denied. The consensus of the Commission was that it was turned down because of the noise from Tire Kingdom and for the traffic flow problems it will create. David Pape said he voted against denial because there will be no input from anyone now because the applicant will be legally able to go forward with the proposed uses one by one. City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 6, 2004 Page - 10 - 7. REQUEST FOR REZONING OWNER: Lucas Ltd./ BCW APPLICANT: Bob Wade/ Monica Grasty REQUEST: To rezone from UE (Urban Estate) to R-3 (Residential Professional) to allow for medical professional offices. EXISTING ZONING: UE, Urban Estate. Low Density Residential. SIZE OF PARCEL: 15+I- acres, GENERAL LOCATION: North of State Road 50, West of Citrus Tower Blvd. and South of Oakley Seaver Drive. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District -5 (UD-5). FUTURE LAND USE CLASSIFICATION: Residential/Professional Sharon Farrell introduced this request by saying that the parcel was annexed in the early 1990's and designated as Urban Estate (UE) low density residential as required by the Clermont Code of Ordinances. The requested change of zoning designation is timely and consistent with the development trends of the immediate area. There is a mixture of residential and institutional uses in the vicinity of the subject property. The parcel has direct access to Oakley Seaver Drive. The proposed rezoning meets the intent, and is consistent with, applicable sections of the Land Development Regulations. R-3 district is intended for office, residential and service needs of the community. A Conditional Use Permit and site plan is required for office uses in the R-3 zoning district and must be approved by the City Council. The site would maximize nearby utility lines of the City; and its location on a link to the arterial and collector road network is an efficient use of the traffic circulation system. • • City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 6, 2004 Page - 11 - David Pape asked if the applicant was present and wished to present to the Commission. Monica Grasty, 16418 Lakeshore Drive, Clermont, FL was sworn in and said they are proposing to construct a medical office plaza which will compliment the surrounding uses. David Pape asked if there was anyone in the audience who wished to address this request. Dave Koepsell, 895 Woodvale St., Clermont, FL 34711 was sworn in and said that this property was once was slated for the expansion of the apartment complex of Villages of East Lake. He wanted to know if this was now out of the question. Barry Brown stated that the proposed R-3 zoning would allow for the apartments, . but that a conditional use permit would have to be approved by the Council for apartments. Commission Member Pierce moved to approve the request• seconded by Commission Member Teaen. The vote was unanimous with all members voting "a ye„ 8. ORDINANCE 339-C -UTILITIES Planner Curt Henschel introduced this ordinance by saying that it was necessary to amend the code to require enhanced architectural and aesthetic treatment for dumpster enclosures. Commission Member Pierce suggested that the ordinance be amended to state that doors to the dumpster enclosure must be opaque. Commission Member Mathieson moved to approve the ordinance as amended seconded by Commission Member Tegen. The vote was unanimous in favor of the ordinance as amended with all Members voting "aye" • City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 6, 2004 Page - 12 - 9. ORDINANCE 340-C -ZONING Planner Curt Henschel introduced this ordinance by saying that it was necessary to amend the code to require enhanced architectural and aesthetic treatment for masonry walls. Staff is including all walls for this standard and not just retaining walls. Walls visible from the public right-of-way and adjoining properties shall be designed to incorporate an architectural finish such as stucco, split face block, or other material designed to disguise concrete block construction. Commission Member Pierce suggested that brick and stone be added so that it would be obvious that they would also be acceptable materials. _Commission Member Pierce moved to approve the Ordinance as amended; seconded by Commission Member Lange The vote was unanimous in favor of the ordinance as amended with alt Members voting "aye': . Discussion of Non-Agenda Items There being no further business the meeting was ad David Pap~~ha~"rman ATTEST ~~ Jane cAllister - P Wing Technician 11 • Correction/Addendum to Apri16, 2004 Minutes of the City of Clermont Planning and Zoning Commission Regarding Item 6 -Messy Dog, LLC Following the presentations of attorney Jimmy Crawford and affected homeowners, commission members voiced the following concerns: Most commissioners were troubled by the sites of the car tube, car wash and Tire Kingdom enterprises due to: A. Potential traffic dysfunction within the center. As proposed, auto services traffic would be taken from the street across the commercial center parking lot to the back of the center then out again to the street, creating an unsafe pedestrian environment. B. Homeowner concerns about encroachment to the adjacent community with regard to privacy and sound. The following suggestions were made by commission members: A. To relocate the three auto service entities to another location on the property, either behind United Southern Bank or at the corner of Oakley Seaver Blvd and Hunt Trace in order to make the services more easily and more safely accessible. B. To have the developers consider the construction of a sound attenuating wall at the western property boundary. C. To have the developers and their attorney meet with homeowners in order to resolve the residents' key issues. Mr. Crawford then responded: A. The three auto service properties are not a part of the Messy Dog enterprise and are owned independently by three local investors making the auto service locations immovable. B. While not promising that a wall would be constructed, Mr. Crawford stated that he felt that a sight and sound barrier was a possibility. C. He would meet with homeowners. The suggestion was then made by a commission member that Messy Dog, LLC and the three auto site investors trade property so that the auto service enterprises could be located more adjacent to a primary road and so that the retaiUoffice/restaurant portion of the complex would not be impacted by auto services sights, sounds and traffic. Mr. Crawford responded that the trading of properties was not possible. •