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10-07-2003 Regular Meeting• CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION October 7, 2003 The meeting of the Planning & Zoning Commission was called to order Tuesday, October 7, 2003, at 7:00 p.m. by Chairman Richard Tegen. Members present were Maggie Miller, Sy Holzman, Jim Douglas, David Lange and John Atwater. John Carlson, David Pape and Ronaldo Camargo were absent. Also in attendance were Barry Brown, Director of Planning, Robert Guthrie, City Attorney and Jane McAllister, Planning Technician II. MINUTES of the special Planning and Zoning Commission meeting held on August 25, 2003 were approved as written. MINUTES of the Planning and Zoning Commission meeting held September 2, 2003 were approved as written. REPORTS Planning Director Barry Brown reported that in reference to the Trycon issue the City Council recommended to the County Commission that nothing should occur on that • property until the JPA map is complete. Mr. Brown informed those present that the County Commission approved transmittal of the land use change for the Trycon property. There was discussion about the City having input as to what can be done on the Trycon property. 1. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Chrystal McCall OWNER: Chrystal McCall REQUEST: To amend an existing Conditional Use Permit to allow for the expansion of an existing restaurant. LOCATION: 649 12th Street. EXISTING LAND USE: Rusty Fox Restaurant. • FUTURE LAND USE DISTRICT: (NED-6). FUTURE LAND USE CLASSIFICATION: Commercial. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION October 7, 2003 Page - 2 - EXISTING ZONING: C-2, General Commercial. Planning Director Barry Brown introduced this request by saying that the applicant is requesting an amendment to an existing CUP to expand an existing restaurant by adding a Chickee but style smoking area. The Chickee style porch has already been constructed. It does not meet the required 25 foot building setback from 12th Street and will therefore require a variance. The porch addition increases the patron use area (approx. 250 sf) and therefore creates a requirement for additional parking per code. Staff is not concerned with the additional parking required by the porch, because it will be used by smoking patrons who are already at the restaurant. However, staff is not confident it can support the required variance as the .porch addition extends further into the setback than the existing nonconforming building. Staff does not support the variance and therefore does not support the requested • amendment to the CUP. If however, the structure did not encroach into the setback from 12th Street more than the existing nonconforming building, staff could support the request. John Atwater asked what the measurement was that the Chickee but extends past the building line. Rick McCoy, 713 W Montrose Street, Clermont, FL. was sworn in and stated that he is the engineer for the project and would speak for the applicant. He said that a new survey has been ordered and that he would be happy to have the matter postponed until the survey is complete. Barry Brown informed the Commission that they could consider the request and make a recommendation with the existing information. Richard Tegen called everyone's attention to items #3 and #7 in the existing CUP which state "No further expansion of the use or additions to this facility shall be permitted except as approved by another Conditional Use Permit, and If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by resolution". Mr. Tegen said that he can not support work that was done without permission. • Sy Holzman made a motion to deny the request Jim Doug/as seconded the motion Maggie Miller stated she would prefer to wait and see the new survey. The vote was 5-7 in favor of denying the request with Maggie Miller voting nay • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION October 7, 2003 Page -3 - 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: First Pentacostal Church OWNERS: Greg Homan REQUEST: For a Conditional Use Permit to allow a church facility in the C-2, General Commercial Zoning District. LOCATION: 335 N. Highway 27 SIZE OF PARCEL:.Approx. 1 acre. EXISTING LAND USE: Vacant office/business space - (Approx. 1,000 s.f.) • FUTURE LAND USE DISTRICT: Undeveloped District 3 - (UD-3) FUTURE LAND USE CLASSIFICATION: Commercial EXISTING ZONING: C-2, General Commercial Director of Planning Barry Brown introduced this request by saying that the applicant is Intends to establish a church in an existing business plaza. The church is looking to occupy approximately 1,000 square feet of space available at the Edgewood Lake Office Plaza. The church intends to have 50 to 60 seats for services that will operate Sunday afternoon, Wednesday and Thursday evenings from 7 to 9:30 p.m. With the existing businesses operating at normal business hours, and the church operating "after business" hour's staff believes there will not be any parking issues on or off the site. If the church has 60 seats, there will be a 15 parking space requirement. Currently there are 27 spaces on site. Staff recommends approval of this request. George Jones, 14075 Country Estate Drive, Winter Garden, FL was sworn in and offered to answer any questions the commission may have. • Richard Tegen asked if a condition that the City Council could readdress this item if parking becomes a problem, could be added to the CUP. Barry Brown said there is standard language regarding that and it could certainly be added to the conditions of the CUP. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION October 7, 2003 Page -4- Maggie Miller asked how many parking spaces were available. Barry Brown replied that there were 27 spaces on site and an additional 28 parking spaces adjoining the site. City Attorney Robert Guthrie suggested that there be a reference to the hours of operation in the conditions of the CUP. Sv Holzman made a motion to approve the request as amended with the parking condition. Jim Douglas seconded the motion. The vote was unanimous in favor of the request. 3. REQUEST FOR A CONDITIONAL USE PERMIT • APPLICANT: Patricia & Vincent D'Agnillo OWNER: Clermont-Groveland Elks Club REQUEST: A request for a Conditional Use Permit to allow the operation of a Bingo game in the CBD zoning district. LOCATION: 705 W Minneola Ave. EXISTING LAND USE: The Elks Lodge -Approx. 3000 s.f. building. FUTURE LAND USE DISTRICT: Established Business District -2 (EBD-2) EXISTING ZONING: C-2, General Commercial. Barry Brown introduced this request by stating that the applicant intends to establish a bingo operation at the Elks Lodge. While this type of operation has existed at this location in the past, it was run by the Elks Club. The current proposal is to be run by an outside operator. With the exception of operating expenses, all proceeds will go to Diamond Players Club Charities. Currently there is a 3000 square foot building on the property in use by the Elks lodge. • The building is rated for an occupancy of 164 persons. The current parking on the site is 41 spaces and is located adjacent to the city parking lot. CI TY OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION October 7, 2003 Page -5 - The applicant proposes to run the bingo operation on Sunday afternoon as well as Sunday, Monday, and Wednesday evenings from 6:00 to 11:00. The applicant is also considering additional days of operation and possibly seven days a week in the future. Staff is concerned that the residential zonings to the east and northeast will be affected by the late evening operations. For this reason staff recommends the hours of operation be limited to 10 pm. Staff also recommends limiting the days of operation to Sunday, Monday, and Wednesday. If in the future, they want to operate on additional days, the CUP will need to be amended. Staff recommends approval of the request. Greg Gagliardi, 11304 Lake Catherine Circle, Clermont, FL. 34711 was sworn in. Vincent and Patricia D'Agnillo, 1301 N Jacks Lake Road, Clermont, FL 34711, were sworn in as well. Greg Gagliardi explained that they conduct many charity events at the Diamond Players Club. He said that the proceeds of the proposed bingo game will offset some of the expenses of organizing and doing a golf tournaments for example, and would allow • more of the money to go to the actual charities. Richard Tegen asked if there were any licenses required to run a bingo game. Vincent D'Agnillo said that there was no license required. Sy Holzman made a motion to approve the request with the stipulation that operation of the game be limited to 10:00 p.m. on Sunday, Monday and Wednesday evenings and fhaf the CUP be for a period of eighteen j18) months. David Lange seconded the motion. The vote was unanimous in favor of approval with the additional conditions. 4. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: South Lake Hospital OWNER: South Lake Hospital REQUEST: To amend an existing PUD to allow for Phase II development, including a Lake County government complex. EXISTING ZONING: PUD • SIZE OF PARCEL: 45 Acres LOCATION: Northeast corner of Citrus Tower Blvd. and Oakley Seaver Dr. (north of the South Lake Hospital). • CI TY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION October 7, 2003 Page -6 - EXISTING LAND USE: Vacant with the exception of one medical office building. FUTURE LAND USE DISTRICT: Undeveloped -5 (UD-5). FUTURE LAND USE CLASSIFICATION: Residential/Professional. Planning Director Barry Brown introduced this request by saying that a PUD for the subject property was approved in July 2002. It allowed for the development of the property as a professional and medical office project. The following uses were allowed: Professional and medical offices including Ambulatory Surgery, Ambulatory Care and Diagnostic Care Facilities; Governmental and Quasi-governmental offices; and Ancillary retail sales associated only with the professional offices. When the PUD was originally approved, the applicant only had specific development plans for the western portion of the property designated as Phase I. At that time it was uncertain how the eastern portion of the property, Phase II would be developed. It was determined that when Phase II was ready for development, the PUD would be amended to reflect the proposed development plans. Lake County Government is currently under contract to purchase a 20 acre parcel in Phase II, therefore the PUD needs to be amended. The plans are to develop a South Lake County Government Complex that will include offices for the Board of County Commission; Sheriff (including a holding cell); Property Appraiser; Tax Collector; Supervisor of Elections; Clerk of Court; Planning, Building, and Environmental Health departments; as well as other Federal, State and local government agencies. The project meets the criteria of the land use designations and zoning district and therefore, staff recommends approval. The following people were sworn in John Moore, 1984 Brantley Circle, Clermont, FL, 34711 Fred Schneider, 123 N. Sinclair Ave, Tavares, FL 32778. Mr. Moore explained that they were asking for an amendment to the PUD at this time because the County wants to be assured the use will be allowed. Fred Schneider told the Commission that the conceptual site plan for the government complex will definitely change as they get closer to building on the site. . Jim Douglas mentioned that he lives behind the proposed project and asked if he should abstain from voting because of that fact. City Attorney Robert Guthrie said that since Mr. Douglas does not stand to profit in any way because of this project he would be able to vote on the request. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION October 7, 2003 Page -7 - Sv Holzman made a motion to approve the request as submitted. Jim Douglas seconded the motion. The vote was unanimous for approval of the request. Center Lake Properties Barry Brown told the Commission the location of the Center Lake Properties and that Lennar will do a project called Kings Ridge East on the property. He said that the property is in the county and is included in the JPA. Mr. Brown told the Commission that the property is contiguous to the city and that staff thinks it should be annexed into the city, and rezoned as a PUD. He said that city staff met with all parties -involved and that there was an agreement that the property would be annexed into the city and become a PUD. However, the property is also going through the process in the county and since it is in the JPA the County has asked for input from the City as to how they should proceed. • Mr. Brown asked the Commission to send their recommendation to the City Council. Sy Holzman made a motion to recommend to the City Council that they ask fhe County to delay any action on this matter. Maggie Miller asked for discussion before a motion was made. Sy Holzman temporarily withdrew his motion. Maggie Miller asked if there would be top soil brought in to the property. Barry Brown said he was not sure what they intend to do, but that he would assume they would build up around the lake to create as much lake front property as possible. John Atwater asked where the City is on water issues. Barry Brown said he was confident that there was plenty of water, and that this property was very likely to have been considered by the City Engineer when figuring future use for the Consumptive Use Permit. There was further discussion about various aspects of the proposed project. . Sv Holzman reinstated his motion to recommend that the City Council ask the County to delay any action on this matter. David Lange seconded the motion. The vote was unanimous in favor of the motion. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION October 7, 2003 Page -8 - POSSIBLE L.D.R. REVISION Commission Member Sy Holzman brought options for consideration of penalties for persons failing to apply for a Condition Use Permit prior to taking action, to the Commission. Mr. Holzman thinks that those who go ahead and do whatever they please without asking for the proper documentation should pay a penalty for such actions. He asked the Commission to consider his proposal which is part of this record and comment on it. Maggie Miller stated that she liked the idea and would like to act on the proposal. City Attorney Robert Guthrie stated that he would like to have the opportunity to think about the language of the proposal. Richard Tegen suggested that City Attorney Robert Guthrie look at the proposal and suggest changes before the Commission takes any action. There was discussion of the possible sanctions that could be used. It was decided that the matter would be discussed further at the November Planning and Zoning Commission meeting. There being no further business the meeting was adjourned. ~ _. Ri hard Teg hair an ATTE ~~, ~ / e C. McAllist -Planning Technician II •