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11-04-2003 Regular MeetingCITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 4, 2003 The meeting of the Planning & Zoning Commission was called to order Tuesday, November 4, 2003, at 7:00 p.m. by Chairman Richard Tegen. Members present were Maggie Miller, Sy Holzman, David Lange ,David Pape and Ronaldo Camargo. John Atwater, John Carlson and Jim Douglas were absent. Also in attendance were Barry Brown, Director of Planning, Robert Guthrie, City Attorney and Jane McAllister, Planning Technician II. MINUTES of the Planning and Zoning Commission meeting held October 7, 2003 were approved as amended with Maggie Miller making the motion to approve the request for allowing the operation of a bingo game at the Elks Club. REPORTS Commission member Ronaldo Camargo announced that he is an active member of'the First United Methodist Church. The First United Methodist Church has a request on this agenda. • City Attorney Robert Guthrie said that it would be appropriate for Mr. Camargo to participate in the agenda item for the First United Methodist Church since he would not personally benefit from the outcome of the request. 1. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: South Lake Lutheran Church, Gregg Sahlstrom OWNER: James Meadows REQUEST: To allow the operation of a church in the C-2 Commercial District. LOCATION: 1208 Bowman Street, (South building of Sunnyside Plaza) EXISTING LAND USE: Vacant Commercial/Office Building. FUTURE LAND USE DISTRICT: Established Business District - (EBD-2). FUTURE LAND USE CLASSIFICATION: Commercial. EXISTING ZONING: C-2, General Commercial. Planner Curt Henschel introduced this request by saying that the applicant intends to establish a church in an existing business plaza. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 4, 2003 Page - 2 - The church is proposing to occupy a 1,200 square foot space currently available in Sunny Side Plaza. The church intends to have 50 plus seats for services that will operate Sundays, and weekdays evenings from 7:00 p.m. to 9:00 p.m. With the existing businesses operating at normal business hours, and the church operating during "after business" hours staff believes there will not be any parking issues on or off the site. If the church had 60 seats, there would be a 15 parking space requirement. Currently there are 38 spaces on site. Staff recommends approval of this request. Chairman Richard Tegen advised this portion of the hearing will be conducted in the Quasi Judicial manner and anyone wishing to speak for or against this item should come forward and be sworn at this time. Reverend Sahlstrom, 2535 Rollins Ave., Clermont, FL 34711, was sworn in and said • that he would answer any questions. Commission Member Sv Holzman moved to approve the request• seconded by Commission Member Maggie Miller. The motion ,passed with all members present voting "aye': 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: First United Methodist Church OWNERS: Center Lake Partnership LLP REQUEST: For a Conditional Use Permit to allow a church facility in the CBD, Central Business District. LOCATION: Former South Lake Hospital site. SIZE OF PARCEL: Approx. 3 acres. EXISTING LAND USE: Vacant Land. FUTURE LAND USE DISTRICT: Central Business District (CBD). • FUTURE LAND USE CLASSIFICATION: Central Business District EXISTING ZONING: CBD, Central Business District • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 4, 2003 Page -3- Planner Curt Henschel introduced this request by saying that the applicant intends to purchase the former South Lake Hospital site that was previously approved for a mixed use development known as the Galleria. Initially the site will be used for additional church parking, with future uses for expansion of the existing church. These uses may include; a social hall, classrooms, sanctuary, administration offices, kitchen, and music suite. The Conditional Use Permit shall be amended when the site is developed beyond use as a temporary parking lot. Staff recommends approval of the request. Richard Tegen advised this portion of the hearing will be conducted in the Quasi Judicial manner and anyone wishing to speak for or against this item should come • forward and be sworn in at this time. Terence W. Hoehn, Trustee of the Church, 9335 Meadowcrest Lane, Clermont, FL 34711 was sworn in and stated that church members wish to keep the expansion of the church in the downtown area. Mr. Hoehn said he would answer questions. Richard Tegen asked if the portion of Juniata Street between 7th and 8th Streets has been vacated. Curt Henschel replied that it has not been vacated. Richard Tegen asked if it would be in the future. Mr. Hoehn said that the church does not have immediate plans to close Juniata Street. Barry Brown said that staff would support vacation of that right-of-way, but that it would not have to be vacated until the church is ready to develop the additional property. Sy Holzman stated that he was sad that a project like the proposed Galleria wasn't going to be built on the property, as it would serve to make the downtown area more viable. Commission Member Ronaldo Camargo moved to approve the request seconded by David Pape. The motion passed with all members present voting "aye" • C/ TY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 4, 2003 Page -4- 3. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Joey Eberline OWNER: Joseph & Patsy Griffin REQUEST: A request for a Conditional Use Permit to allow the operation of a music studio to be established in the R-3-A Residential/Professional zoning district. LOCATION: 780 Almond St. (One block north of Burger King, just north of the car wash.) EXISTING LAND USE: Residential. FUTURE LAND USE DISTRICT: Established Business District -2 (EBD-2) • EXISTING ZONING: R-3-A Residential/Professional. FUTURE LAND USE CLASSIFICATION: Commercial. Planner Curt Henschel introduced this request by stating that the applicant intends to locate the South Lake Academy of Music in an existing residential structure. 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 will be occupying a former residential house 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. Staff recommends approval of the request with an additional condition added as follows: Section 1 -General Conditions . 10. Construction plans incorporating all conditions of this Conditional Use Permit shall be submitted for review and approval by the Site Review Committee prior to the issuance of a zoning clearance or other development permit. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 4, 2003 Page -5- The conceptual site plan submitted with the Conditional Use Permit application is not the approved construction plan. Richard Tegen advised this portion of the hearing will be conducted in the Quasi Judicial manner and anyone wishing to speak for or against this item should come forward and be sworn in at this time. Joseph D. Eberline, 576 W. Minneola Ave., Clermont, FL 34711, was sworn in and stated that he teaches music to children and has been doing that in Clermont since 1981. Richard Tegen asked Mr. Eberline how many students would be taking lessons at the same time. Mr. Eberline replied that typically 2 or 3 students are taking lessons at the same time. He said there would be 2 full time teachers and 3 part time teachers. • Maggie Miller asked where the academy is located at this time, if there would be sound attenuation at the new facility, and if the new facility would have paved parking. Mr. Eberline said that the academy is now located at the corner of E. Minnehaha Ave and Bloxam Ave. Mr. Eberline also said that the hours or operation are typically Monday through Friday from 2:30 p.m. until no later than 8:00 p.m. and on Saturday from 9:30 a.m. to 2:00 p.m. not as originally stated in the proposed CUP. Mr. Eberline said he didn't think the new facility would need much in the way of sound attenuation since the building is made of block but whatever is needed will be installed. He also said that the parking spaces would be paved. Commission Member Miller moved to approve the request as amended seconded by Commission Member Sv Holzman. The motion passed with all members present voting "aye„ 4. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Center Lake Properties, Inc. • OWNER: Center Lake Properties, Inc. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 4, 2003 Page - 6 - REQUEST: For a Conditional Use Permit to create a Planned Unit Development (PUD) for an age restricted residential community on 442 acres of property. EXISTING ZONING: Lake County R-4. SIZE OF PARCEL: +/-442 acres. LOCATION: East of Hancock Rd. and the Somerset subdivision. EXISTING LAND USE: Vacant, former mine. FUTURE LAND USE DESIGNATION: Lake County Urban Expansion. Planning Director Barry Brown introduced this request by saying that the property owner is preparing the property to be developed as an age restricted residential community. While the property is in Lake County, it is adjacent to the City Limits and within the JPA area, and has the proper land use for the proposed project. The owner is requesting • annexation, PUD zoning, and City utilities and services. The property is the northern half of the Center Lake Mine property. It runs from the Somerset subdivision in the west to Hartwood Marsh Rd. in the east. To the north is another mining operation and residential uses, to the east is undeveloped property in Lake County; and to the west is the Somerset subdivision. This property is appropriately located for an age restricted community. Staff recommends approval of the PUD. Mr. Brown highlighted several of the conditions of the CUP and in particular; Section 2 -Land Use The parcel shall be developed as a residential Planned Unit Development. The community shall be owner occupied and age restricted with exception of Parcel "E". If Parcel "E" is not age restricted, all conditions of the City code regarding the R-1-A zoning district shall apply. Section 7 -Landscaping and Signage - Items 1, and 4, which deal with the proposed signage for the project. This calls for a Primary Project Identification sign that is 40 feet tall, a Secondary Project sign which is 20 feet tall, and a village entry sign which is 13 feet tall, all of which exceed the allowable height as stated in the City Code. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 4, 2003 Page - 7 - Secondary Project sign which is 20 feet tall, and a Village Entry sign which is 13 feet tall, all of which exceed the allowable height as stated in the City Code. Richard Tegen advised this portion of the hearing will be conducted in the Quasi Judicial manner and anyone wishing to speak for or against this item should come forward and be sworn in at this time. Cecelia Bonifay, attorney from Akerman and Senterfitt representing Center Lake Properties, Inc. said that Lennar will eventually be the developer of this property. She further stated that due to the realignment of Hartwood Marsh Road the project went from being 450 acres to 442 acres. Ms. Bonifay said that although this project will be separate and apart from the Kings Ridge project it will still be under the original DRI (Development of Regional Impact) and that no matter who develops the property they would have to abide by the State rules for a DRI. • Mr. Tegen asked if any of the other parties to the application would like to speak. Frank Dolan, 151 Wymore Road, Altamonte Springs, FL 32714 representing Lennar was sworn in and said he would like to address the signage issue. Mr. Dolan said that the tall design feature (40') will be set back in a lake off of Hancock Road and will resemble a lighthouse. He said that although it appears to be an imposing figure when it is placed in the lake it is set back so far from the road that it will look appropriate. Richard Tegen asked if the Commission needed to consider the signage at this time. Barry Brown said that since this is for a PUD that it would need to be considered now. Ronaldo Camargo noted that the proposed primary sign location is not owned by Center Lake Properties. Mr. Dolan said that using the proposed primary sign does depend upon Center Lake Properties being able to buy the proposed site. Todd Whitlock, 3773 Glenford Drive, Clermont, FL 34711 was sworn in and said he is all for the proposed project however, he does not want the proposed primary sign to be built at the location that has been selected. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 4, 2003 Page - 8 - Mr. Dolan explained that the south side of Kings Ridge Blvd. where the proposed primary sign will go is not owned by Center Lake Properties. Mr. Dolan stated that he would not have a problem with bringing the proposed signage back to Barry Brown, and before the Planning and Zoning Commission as a separate issue. Len Tirrell, 2215 Elverson Ave., Clermont, FL 34711 was sworn in and asked how the homes in this project would be marketed. He wanted to know if there would be any model homes for this project in the Kings Ridge Subdivision. Mr. Dolan addressed the marketing question by saying that there would be a new model center at Kings Ridge which would be used to sell homes at Kings Ridge and also at Vista Royale. Mr. Tirrell also asked for elaboration on Section 5, reuse water, and he wanted to know if there would be any water wells used for irrigation. Mr. Dolan said they would be likely be putting in a well for irrigation. • Eloise Sahlstrom, 2535 Rollins Avenue, Clermont, FL 34711 was sworn in and asked if there would be any uses other than residential on the property. Mr. Dolan said there would be no commercial property at Vista Royale. Richard Tegen expressed disapproval of the fact the Parcel"E" could be developed without being age restricted. Barry Brown explained that "Parcel E" would be on the East side of Hartle Road and not connected to the rest of the community. Sy Holzman said he thought a non age restricted Parcel would be a good transition from age restricted into the surrounding rural areas. David Pape asked if Parcel "E" would have the same density as the rest of the community. Barry Brown said if Parcel "E" was developed as a non age restricted community it would be developed as R-1-A Residential district. Maggie Miller stated that she was happy that Vista Royale would not be another golf • community. She said the trails and parks were a wonderful idea. However, Ms. Miller said that Parcel "E" would probably be single family homes and would have an additional impact on the already crowded schools in the area. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 4, 2003 Page-9- Another concern of Ms. Miller's was that people should not be living in Parcel "E" before the completion of Hartle Road. She pointed out that in other areas the roads have not caught up with the development. Ms. Miller asked how long the reclamation of the land would take, and also expressed concern about the water usage and the City's Consumptive Use Permit. Mr. Dolan said the reclamation of the land would start immediately. He stated further that initially the community would be using Hancock Road as a means of ingress and egress from the community. David Pape pointed out that the adult communities have paid millions of dollars in school impact fees and that having 150 homes with children would not be unreasonable. • Ronaldo Camargo asked if the in the Conditions Section 7 -Landscaping, Item 4 as relates to the Primary Project sign could be removed and that signage addressed at a later date. Mr. Dolan had no objection to that amendment to the CUP. Richard Gonzalez, Vice President, Center Lake Properties, Inc., P.O. Box 568367, Orlando, FL 32856-8367 was sworn in and stated that the parcel being developed as Vista Royale is part of a much larger parcel that will remain as it is. Mr. Gonzalez mentioned that Center Lake Properties, Inc. has owned this property for over 75 years and that it was Citrus before it was a mine, and that they used much more water than mining or residential does. Sy Holzman mentioned that the City requires two means of ingress and egress, and was concerned that there would be only one at this development. Barry Brown explained that the City agreed that if the developer provided a divided entry way, that would suffice until there was future access to Hartwood Marsh Road of Hartle Road. There was further discussion about the water usage and consumption. . Cecelia Bonifay read a letter from the City stating that the City would be capable of supplying water to the project. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 4, 2003 Page - 10 - Richard Tegen again expressed disapproval of the fact that Parcel "E" may be developed as a non age restricted community. Mr. Dolan assured Mr. Tegen that if Parcel "E" was developed as non age restricted it would be a separate community from Vista Royale. Commission Member Pape moved to approve the request as amended to remove the Primary Project Identification sign from Section 7, Item 4; seconded by Commission Member Camargo. The motion passed 5-1 with Commission Member Lange voting "nay„ DISCUSSION OF NON-AGENDA ITEMS In an effort to improve the link between school and land use planning, legislation was adopted requiring an interlocal agreement between school boards and local governments. • City Attorney Robert Guthrie informed those present that an Ordinance would be going before the City Council to appoint an advisory member to the Planning and Zoning. This would be a member of the Lake County School Board of a representative and he or she would be heard, but would not have a vote. There was additional discussion of non-agenda items. There being no further business the meeting was adjourned. ichard Teg hairma ATTEST: ~~~,~~~' e C. McAllist -Planning Technician II r~ U