04-01-2003 Regular MeetingCI TY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
April 1, 2003
The meeting of the Planning & Zoning Commission was called to order Tuesday, April
1, 2003, at 7:00 p.m. by Chairman Richard Tegen. Members present were Maggie
Miller, John Carlson, Dave Lange, Ronaldo Camargo, Sy Holzman, John Atwater and
Jim Douglas. David Pape was 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 March 4, 2003 were
approved as written.
REPORTS
Maggie Miller asked that the City Council minutes from February 25, 2003 be included
in the next packet.
Chairman Richard Tegen announced that the West Market CUP has been withdrawn.
• 1. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: Gant Group Inc.
OWNER: Faith Hanna Sho.
REQUEST: For a Conditional Use Permit for a professional office in the R-3-A zoning
district.
LOCATION: 176 E. Highland Ave. North of SR 50 and east of East Ave.; next to the
Merrill Insurance Agency.
EXISTING LAND USE: Vacant structure. Formerly the Lamb of the Shepard daycare.
FUTURE LAND USE DISTRICT: Established Residential District -8 (ERD-8); the
requested use is an allowable use in ERD-8.
FUTURE LAND USE CLASSIFICATION: Residential/Professional. The requested use
is allowed in the Residential/Professional land use classification.
EXISTING ZONING: R-3-A, Residential/Professional District. A professional office is a
conditional use in the R-3-A zoning district.
Planning Director Barry Brown introduced this request by saying that the applicant is
proposing to change the use of the subject property from a daycare facility to a real
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estate office. All of the properties along this stretch of Highland Ave. have been
converted from residential to office use.
The property has the proper land use and zoning designations. The proposed use is
appropriate at this location.
Richard Tegen asked if the applicant was present and would like to make a
presentation.
Jim Gant, 6601 Grove Street, Groveland, FL., was sworn in and said he had every
intention of complying with City Code for parking and landscaping. He then offered to
answer any questions the Commission might have.
Barry Brown told the Commission he has gone over the site plan for this project and that
a variance will be required for the landscape buffer along the east side of the property.
. Richard Tegen asked how many people would be on the staff.
Mr. Gant replied there would be between four and six.
Sy Holzman made a motion to approve the requesf. John Afwater seconded the motion.
The vote was unanimous in.. favor of the request.
2. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Celebration of Praise Church of God.
OWNER: Charles E. Bosserman Jr., Trustee
REQUEST: To amend the existing Conditional Use Permit for the construction of a new
church campus.
LOCATION: West side of South Highway 27 just north of the Legends subdivision.
EXISTING LAND USE: Undeveloped.
FUTURE LAND USE DISTRICT: Undeveloped District-7 (UD-7); the requested use is
an allowable use in UD-7.
FUTURE LAND USE CLASSIFICATION: Residential. The requested use is allowed in
the Residential land use classification.
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April 1, 2003
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EXISTING ZONING: R-1, Residential. A church is a conditional use in any zoning
district.
Planning Director Barry Brown introduced this request by saying that the applicant is
requesting the following amendments to the existing conditional use permit: 1) to revise
the legal description to reflect the relocation of the western property boundary between
the church and the residential subdivision to the west; 2) revise the seating capacity of
the worship center from 2,200 seats to 3,000 seats; 3) to be relieved from providing the
right-of-way for an access road from U.S. 27 to the residential property west of the
church; and 4) to allow for grading on future phases of the project prior to construction
plan approval for that phase.
The original CUP for the church was approved in July of last year. Since then, the
master plan for the church campus has been refined and the boundary between the
residential property to the west has been relocated. Seating capacity for the worship
center has been increased from 2,200 to 3,000 seats. Also, since the Lake County has
• approved construction of the South Clermont Connector and the residential developer is
willing to wait for the construction of the Connector, the applicant is requesting to be
relieved from providing roadway access across the property from U.S. 27 to the west.
Barry Brown also stated that it is important for the Church to have cross access through
the residential property to the South Clermont Connector, whether by easement or a
cross access agreement.
Pastor Roderick Trusty, 12716 Lake Ridge Circle, Clermont, FL 34711 was sworn in
and stated that the church has signed a contract with Lennar Homes and that it includes
a provision for an easement for cross access from the church to the South Lake
Connector.
Pastor Trusty said that the church is growing faster than they originally anticipated and
they have found that they will need more seats in the sanctuary than they asked for in
the original Conditional Use Permit
Richard Tegen asked if there was anyone present who wished to address this request.
There was no one.
John Carlson pointed out that even the 1,222 seats in the temporary sanctuary would
cause a lot of cars to pour out on to Highway 27 at one time. He expressed safety
. concerns because there will only be one egress point.
Pastor Trusty said that eventually most of the traffic leaving the church will use the
South Clermont Connector, and that there was always only one access point off of
Highway 27. He explained there will be a left in median cut on northbound Highway 27
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and a right in, right out on southbound Highway 27.
Maggie Miller asked when Phase I will be completed.
Pastor Trusty indicated it would be possibly 18 to 19 months until Phase I is complete.
There was further discussion about traffic safety and median cuts.
Barry Brown informed those present that there will be a signal north of the property on
Highway 27, and that will allow a break in traffic for those who wish to access the
church property from Highway 27.
Maggie Miller asked if it would be possible to put in the access road from the church to
the South Clermont Connector in Phase I of construction.
Barry Brown explained that the South Clermont Connector might not be constructed for
. approximately 2 years.
Barry Brown asked that an additional condition be added to the Conditional Use Permit
in Section 4, Transportation that would read as follows:
"A perpetual easement providing access to the South Clermont Connector shall be
provided prior to site plan approval for Phase I."
Maggie Miller expressed concern that there is only one means of egress from the
church.
Pastor Trusty said that the second means of egress is planned to be constructed in
Phase 2 not in Phase 1. He said the church does not have the funds to build a road to
access the connector before they construct phase 2. He asked that the Commission
give the church twelve months from the finish of construction of the South Clermont
Connector to construct their access road to the Connector.
Ronaldo Camargo expressed serious concern for the safety of the driving public should
the South Clermont Connector not be completed before the construction of Phase 2 of
the church. He also wanted to know what language could be added that would require
the construction of the access road to the connector if Phase 2 is not built for several
years after the South Clermont Connector is finished.
• Maggie Miller said she didn't believe that the traffic problem was just a Sunday issue.
She feels that the property will be used for many evening activities and daily activities
as well as for worship services.
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April 1, 2003
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Other members of the Commission expressed the same concerns. There was a lengthy
discussion as to what would be the best way to alleviate the problem.
It was agreed that the following language should be included in the Conditional Use
Permit in Section 4, Transportation:
"The driveway connection to the South Clermont Connector shall be made within twelve
(12) months of the completion of the South Clermont Connector or as part of Phase II
construction of the church, whichever occurs first."
Dave Lange made a motion to approve the request as amended. John Carlson
seconded the motion. The vote was 6-2 for approval with Jim Douglas and John Atwater
voting Nay.
3. PROPOSED SIGN ORDINANCE REVISIONS
Barry Brown asked for input from the Commissioners about a proposed sign ordinance
revision that would deal with changeable copy and digital signs. He handed out a
picture of a bank in Eustis that uses a digital message board so that the Commissioners
would have some idea of what the digital message could look like.
Curt Henschel handed out a chart that compared various cities and their use of
changeable copy and electronic signage.
There was discussion about what other cities allow and do not allow in regard to both
types of signs. Curt Henschel reported that Winter Park for instance, allows all types of
changeable copy and electronic signs. He said that they do not have a problem with
them.
Barry Brown told the Commission that there is a sign revision proposal going before the
City Council on April 22 for first reading. He said the proposed changes would bring the
City of Clermont in line with Lake County sign regulations. He explained that those
changes would allow a single commercial site like a restaurant a total of 60 square feet
of sign face. Mr. Brown explained that the current City Code would allow 25% of the
sign face to be changeable copy. In the case of a 60 square foot sign that would be a
total of 15 square feet of changeable copy or possibly electronic signage.
• Barry Brown explained that the current sign ordinance revisions do not address
changeable copy or electronic signage. He told the Commission that the subject of
changeable copy and electronic signage would be the subject of a City Council
workshop where all aspects will be discussed. He explained that after the workshop,
any proposed changes would be brought before the Planning and Zoning Commission
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for consideration and recommendation.
John Atwater asked if the Commissioners could be invited to attend the workshop.
Barry Brown assured the Commission that they would be informed as to the date and
time of the workshop, once it is decided.
Jayson Stringfellow reiterated his stand that digital or electronic reader boards are the
best way for a commercial entity to communicate special messages to the public.
Richard Tegen asked if the Department of Transportation had any statistics about
electronic reader boards.
Jayson Stringfellow said that D.O.T. is opposed to using white lights and that there are
some time restrictions.
• Richard Tegen suggested having D.O.T. statistics available for the workshop.
David Lange said that Oakland has taken a very tough stand on signage and that local
businesses are doing well without electronic signs. He suggested eliminating
changeable copy signs of any kind.
Ronaldo Camargo asked if electronic signage is allowed, would every business in town
be able to have an electronic sign?
Barry Brown explained that under present City Code it would be possible for retail and
restaurant uses to have them, but not for professional offices or industrial uses.
City Attorney Robert Guthrie suggested that electronic signage could be limited to
certain types of businesses as it is now, but that it could also be limited to certain road
segments. Mr. Guthrie suggested there could also be limits placed on the size of
lettering, color of sign and off site signs.
Ronaldo Camargo made a motion that the Commission not consider this matter without
a conc~tual design and further analysis by Staff. Maggie Miller seconded the motion.
Barry Brown said he was not making a proposal here tonight or giving a full
presentation. He said that this matter needs a workshop with the City Council, and that
• this was intended to be only a discussion to give the Planning & Zoning Commissioners
an opportunity to share any ideas they may have about changeable copy and electronic
signage.
Barry Brown further explained that after a workshop with the City Council the proposed
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change in the sign ordinance would be brought back before the Planning & Zoning
Commission for their recommendation. It would then go back to the City Council for a
final reading and vote.
Richard Tegen asked if there was any further discussion on the motion. There was
none.
The vote was 5-3 with John Carlson Richard Tegen, and John Atwater voting nay.
Scott Gerken, an attorney for Florida Choice Bank, offered his assistance in making
drafts of the proposed ordinance. He said he would be happy to help with the
presentation for the proposed ordinance change for changeable copy and electronic
signs.
DISCUSSION OF NON-AGENDA ITEMS.
• Barry Brown gave an update on the lighting problem at McDonalds on Highway 50 and
Hancock Road. He said he spoke with the manager and explained that he needs an
engineer to go out to the site and use their meters to determine whether or not light is
bleeding off the site.
Barry Brown said that he was asked to determine the number of undeveloped acres in
the city. He said there were 200 acres zoned Residential that do not have development
plans approved, 100 acres zoned Professional Office with no construction plans
approved and approximately 100 acres of Commercial property that do not have any
construction plans approved.
Barry Brown said he was asked to look at the future land use map and determine if
there were land use districts that did not allow professional offices or personal services
in which it might be appropriate to allow those uses. He said that NED-6 and NED-2
were two districts where it might be appropriate to allow those uses.
There was discussion of the particular areas and blocks that might be considered for
land use changes and rezoning.
Sy Holzman thanked Barry Brown, on behalf of the Commission, for responding to their
request for information in such a timely manner.
•
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There being no further business the meeting was adjourned.
R' and Tegen, Ch an
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C. McAllister - anning Technician II
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