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11-05-2002 Regular Meeting• CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 5, 2002 The meeting of the Planning & Zoning Commission was called to order Tuesday, November 5, 2002, at 7:45 p.m. by Chairman Richard Tegen. Members present were, Maggie Miller, Ronaldo Camargo, David Pape, John Carlson, John Atwater, and Dave Lange. Sy Holzman arrived late. Also in attendance were Barry Brown, Director of Planning, and Jane McAllister, Planning Technician II. MINUTES of the Planning and Zoning Commission meeting held October 1, 2002 were approved as written. 1. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Land of Lakes Montesssori OWNER: Ignacio Quintana • REQUEST: For a Conditional Use Permit to allow for the operation of a Montessori School for an additional three (3) years. LOCATION: 234 Mohawk Road. This is Lot #2 of the Clermont Commons Business Park located at the northwest corner of Mohawk Rd. and Citrus Tower Blvd. EXISTING LAND USE: Professional office building. FUTURE LAND USE DISTRICT: Undeveloped District -5 (UD-5) FUTURE LAND USE CLASSIFICATION: Industrial. EXISTING ZONING: M-1, Industrial District. Private schools require a CUP in the M-1 zoning district. Planning Director Barry Brown introduced this request by stating that the applicant is requesting another three year extension of the CUP to allow for the temporary operation of a Montessori School at the current location. The current CUP expires December 27, 2002. The City Council originally granted approval for the school in 1997 and subsequently granted a one year extension in May of 1998 and then a three year extension was granted in September 1999. • To staff's knowledge, there have been no problems`irvith the operation of the school at this location. The school has been using a vacant parcel, Lot #12, of the business park to provide for an outdoor play area with equipment. The owner of Lot 12, Dr. Jakubowski has authorized use of his lot for this purpose. However, if within the next • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 5, 2002 Page - 2 - three years the play area is not available, Council should reserve the right to reevaluate the CUP. Ignacio Quintana, 600 River Birch Court, Clermont, FL was sworn in and offered to answer questions. Richard Tegen asked if there was anyone from the public who wished to address this request. There was no one. Richard Tegen asked if any of the Commissioners had any questions about the request. Ronaldo Camargo made a motion to approve the request. Dave Lange seconded the motion. The vote was unanimous for approval of the request. • 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Blessed Sacrament Catholic Church OWNER: Norbert M. Dorsey, as Bishop of the diocese of Orlando. REQUEST: To amend an existing Conditional Use Permit (Resolution No. 1049) to allow Blessed Sacrament Catholic Church to operate a preschool for three and four year olds. LOCATION: 720 Twelfth St., northwest corner of S.R. 50 and 12'h St. EXISTING LAND USE: Church campus. FUTURE LAND USE DISTRICT: Non-Established District -1 (NED-1 ). FUTURE LAND USE CLASSIFICATION: Institutional. EXISTING ZONING: R-3, Residential/Professional. A private school is a conditional use in the R-3 zoning district. • Planning Director Barry Brown introduced this request by saying that the applicant is proposing to use one of the existing church buildings to house a preschool for three and four year olds. This is an appropriate location for this use. The project meets the criteria of the land use designations and zoning district. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 5, 2002 Page - 3 - Jim Bean, 1629 Rockwell Heights Lane, Clermont, FL. was sworn in as the '~~`~~ representative of the Blessed Sacrament Catholic Church and offered to answer questions. Maggie Miller asked the applicant how many children would be served by the school. Jim Bean replied they would be starting with four classes with 12-15 children in each class and then expand to a total of eight classes. Maggie Miller asked what the hours of operation would be. Jim Bean said the hours would be from 9:00 A.M. to 1:00 P.M. and added that no. meals would be served. John Atwater made a motion to approve the request. Maggie Miller seconded the motion. The vote was unanimous for approval of the request. 3. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Kur-Star Construction, Inc. OWNER: Chester C. Fosgate Company REQUEST: For a Conditional Use Permit to create a Planned Unit Development for an office complex. LOCATION: Northwest corner of S.R. 50 and Hancock Road, north of the planned frontage road and south of the college campus. SIZE OF PARCEL: +/- 4.5 acres. EXISTING LAND USE: Undeveloped and vacant. FUTURE LAND USE DISTRICT: Undeveloped District -5 (UD-5); the requested use is an allowable use in the UD-5 with a PUD. • FUTURE LAND USE CLASSIFICATION: Commercial. EXISTING ZONING: UE, Urban Estate Residential District. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 5, 2002 Page - 4 - Planning Director Barry Brown introduced this request by saying that Watson Realty is "~~~''` under contract to purchase the subject property. Their intent is to develop the site as an office complex to include three buildings with up to 36,400 square feet of office space. The building on Lot #1 will house the Watson Realty offices. According to the language in the UD-5 land use district, this property is to be developed subject to a PUD. The subject property is an appropriate location for this use. Professional office is an important part of the mix of uses in the commercial node at and around the SR 50 - Hancock Road intersection. The office project will also provide a buffer between general commercial to the south and the college to the north. The south boundary of this project is on the planned alignment for the frontage road between Citrus Tower Blvd. and Hancock Rd. The permittee will be required to dedicate 40 ft. of right-of-way along the south property line in order to accommodate the frontage road. The permittee is required to construct the frontage road along the entire length of the property. Initially the frontage road will only need to be constructed from • Hancock Road to the first driveway. At such time as the impact fee reimbursement is available the remainder of the frontage road shall be constructed. The project meets the criteria of the land use designations and zoning district. Richard Tegen asked if the applicant was present. Thomas Skelton, American Civil Engineering Co., 207 N. Moss Rd., Suite 211, Winter Springs, FL was sworn in and offered to answer any questions the Commission might have. Richard Tegen asked if there was anyone from the Public who wished to address this request. Scott Ruta, 12912 Brown Bark Trail, Clermont, FL was sworn in and asked how many stories high the buildings will be and what type of businesses would occupy the buildings. John Kurtz, Kur-Star Construction, Inc. 8150 Lone Star Road, Jacksonville, FL was sworn in and stated that the first building will be a 2 story block building with a the roof, and that Watson Realty will occupy the first floor. He stated that the second floor would • be occupied by professional offices. Richard Tegen asked if cross access will be required to the property to the west. Barry Brown stated that cross access was considered at the site review meeting but CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 5, 2002 Page - 5 - it was decided it was not necessary because the college property surrounds the site to the north and the west, and that the access from Hancock Rd. and the frontage road would be sufficient. David Pape asked what the building would look like stating that concrete block with a the roof was hardly an adequate description. Mr. Kurtz replied that he has submitted 4 or 5 pictures to the City Manager of other buildings they have built in the Central Florida area. Mr. Kurtz mentioned the locations of those buildings. Mr. Pape was familiar with one of those buildings. John Atwater asked about the slope through the property. Mr. Skelton replied that the slope for the property was approximately 25 feet total. Maggie Miller commented that she was impressed by the traffic flow through the property. David Pape made a motion to approve the request. John Atwater seconded the motion. The vote was unanimous in favor of approval. 4. REQUEST FOR FULL SCALE COMPREHENSIVE PLAN AMENDMENT APPLICANT: Westshore Development Group, Inc. OWNER: Lost Lake Reserve, L.C., F. Hood Craddock REQUEST: For a Full Scale Comprehensive Plan Amendment to recognize the annexation of properties which comprise the Lost Lake Reserve Development of Regional Impact. LOCATION: U.S. 27 and Johns Lake Road. SIZE: 423.45 acres. EXISTING LAND USE: Mostly vacant; single family residences and apartments are • currently under construction. FUTURE LAND USE DISTRICT: Lake County Urban Expansion. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 5, 2002 Page - 6 - FUTURE LAND USE CLASSIFICATION: Lake County Urban Expansion. EXISTING ZONING: City of Clermont PUD zoning for amixed-use development. Barry Brown introduced this request by saying that the properties that comprise the Lost Lake Reserve DRI were annexed into the City between February of 1996 and September of 1998. He further stated that we are only now recognizing the annexation of these properties with a comprehensive plan amendment because DCA wanted us to wait until the DRI was approved before doing a comprehensive plan amendment. This amendment will change the land use designations from Lake County's Urban Expansion to City of Clermont's Undeveloped District -9 (UD-9) and Mixed-use II land use classification. The comprehensive plan amendment includes responses to DCA's Objections, • Recommendations and Comments reports. It also includes updates to the Data and Analysis section of the Comp plan as well as language for the new Undeveloped District -9 land use district and Mixed-use II land use classification. Richard Tegen asked if the applicant would like to make a presentation. Cecelia Bonafay, attorney for the applicant suggested doing an overview of all the items for Lost Lake Reserve on the agenda and then voting on the issues separately. Ms. Bonafay told those present of the improvements already made and of uses that will be on the site. Ms. Bonafay also mentioned the various costs to the developer such as roads, the restoration of lakes on the property, and a new city park. She went on to speak about the Development Order and the amendments to the Conditional Use Permit, which includes the allowance of the 100,000 square foot plus retail facility on site and the grading changes. Ms. Bonafay said that all members of the development team were present and would be available to answer any questions that might arise. Richard Tegen asked if there were any questions pertaining to the Large Scale Comprehensive Plan Amendment, or the Development Order. There were none. • Ronaldo Camargo made a motion to approve the Request for a Large Scale Comprehensive Plan. David Pape seconded the"motion. The vote was unanimous for approval of the request. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 5, 2002 Page - 7 - 4a. LOST LAKE RESERVE DEVELOPMENT ORDER Planning Director Barry Brown explained that the development order is the instrument by which Developments of Regional Impact are approved by State and Regional agencies and local governments. Ordinance 464-M adopts the Lost Lake Reserve Development Order. David Pape made a motion to approve the Development Order. David Lanpe seconded the motion. The vote was unanimous for approval. 5. REQUEST FOR CONDITIONAL USE PERMIT • APPLICANT: Westshore Development Group, Inc. OWNER: Lost Lake Reserve, L.C., F. Hood Craddock REQUEST: To amend the existing conditional use permit for the Lost Lake Reserve PUD. LOCATION: U.S. 27 and Johns Lake Road. SIZE: 423.45 acres. EXISTING LAND USE: Mostly vacant; single family residences and apartments are currently under construction. FUTURE LAND USE DISTRICT: Lake County Urban Expansion. FUTURE LAND USE CLASSIFICATION: lake County Urban Expansion. EXISTING ZONING: City of Clermont PUD zoning for amixed-use development. Planning Director Barry Brown introduced this request by saying that the applicant is proposing to amend the existing PUD for the following: (1) to revise the grading plan, • (2) to allow for mass grading, and (3) to allow for a single retail establishment to be in excess of 100,000 sf. Many deleted items in the proposed amendments to the PUD concern roadway construction issues that were worked out between Lake County and • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 5, 2002 Page - 8 - the applicant after the original PUD was approved. Staff recommends approval. Richard Tegen asked if the applicant was present and would like to make a presentation. Harry Lerner, Westshore Development Group, Inc. 3434 Colwell Ave., Suite 120, Tampa, FL was sworn in an proceeded explain that Westshore Development has spent a great deal of funds on this project. Citrus Tower Blvd. has been designed and engineered from the southern property boundary to the northern property boundary. And that they have completed preliminary design of Citrus Tower Blvd. from the northern property boundary to Hook St. Steve's Road has been designed and engineered from the school boundary on the east to the western boundary of the property and construction is planned to begin within 6 weeks on both projects. Mr. Lerner said they have completed the design of the city park and are hoping to start construction on that within the next 30 days. Mr. Lerner handed out 3 exhibits that become part of this record and show the expenditures made for the improvements to the project. He explained that they will not be able to go forward to Phase II until all of the improvements are made in Phase I. He further explained that they didn't know until they got into the project just how much modification of the grading plan would be necessary. Mr. Lerner introduced Donald W. McIntosh, McIntosh Associates, Inc., 2200 Park Avenue N., Winter Park, FL 32789-2355 who was sworn in. Mr. McIntosh stated that his company did the topographic survey and showed a graphic overhead while he explained the grading that was permitted in the original PUD, the proposed grading, and the reason for the difference. He said they tried to limit the grading as much as possible in order to preserve the character of Clermont, but that they also have to meet the requirements of A.D.A. for sidewalk and road slopes, site distance safety, D.O.T. requirements, along with State, County and City standards. Richard Tegen asked how much fill there would be in the commercial village near Johns Lake Road. Mr. McIntosh replied it would be approximately 20 feet. • John Carlson asked if the bank is going to be on a lower grade so that it will not be on top of the hill. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 5, 2002 Page - 9 - Mr. McIntosh said that it would be on the lower grade, and that there would be a great deal of earth movement on that site. Cecelia Bonafay said that the grading portion has been covered and that the CUP remains basically the same. She said changes were made to Section 3 and Section 4 and asked the Commission to accept the staff recommendation and approve the request. Richard Tegen asked if there were any questions from the public. Richard Acer, 14324 Johns Lake Road, Clermont, FL. was sworn in and asked if Johns Lake Road east from the elementary school will be improved. Cecelia Bonafay replied that Johns Lake Road would be able to sustain all of the residential as well as the proposed commercial traffic. Mr. Acer said that the road is already showing signs of erosion and he wanted to be assured the road would be kept up. Ms. Bonafay reassured Mr. Acer that the developers must meet concurrency management standards to proceed with Phase II. Mr. Harry Lerner assured Mr. Acer that Johns Lake Road is part of the overall network for the County. David Pape asked what the time frame is for things in the project to come to fruition. Mr. Lerner said that Citrus Tower Blvd. and Steve's Road would be under construction by January or February of 2003 assuming all permits are in hand. Ronaldo Camargo made a motion to approve the request. David Pape seconded the motion. The vote was unanimous in favor of the approval. Chairman Richard Tegen stated that the next three items were in reference to the same property and should be discussed together and voted on separately. • 6. SMALL SCALE COMPREHENSIVE PLAN AMENDMENT APPLICANT: Richard H. Langley • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 5, 2002 Page - 10 - OWNER: Richard H. Langley REQUEST: For a Small Scale Comprehensive Plan Amendment to change the Future Land Use District of the subject property from Non-Established District -4 (NED- 4) to Established Business District -2 (EBD-2). LOCATION: Northwest corner of Hampton Street and Almond Street. LEGAL DESCRIPTION: Clermont Heights, Lot 275 and the south'/2 of Lot 276. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Non-Established District -4 (NED-4). Professional office use is not an allowable use in this district. • FUTURE LAND USE CLASSIFICATION: Commercial. Professional office is an allowable use in this classification. EXISTING ZONING: R-2, Medium Density Residential District. Professional office is not allowed in the R-2 zoning district. Planning Director Barry Brown introduced this by saying the applicant is proposing to construct a professional office on the subject property. While the property has Commercial land use classification, neither the land use district nor the zoning district allow for professional office at this location. Staff does not know why this property is in a land use district that does not allow for professional office and yet has a commercial land use classification. It may be that an error was made when the FLUM was originally drafted. Earlier this year the Council heard two similar requests for land use changes on Hampton St. The Angels of Mercy organization requested office, daycare, and private school uses at 1147 Hampton and Mr. Kingston requested office use at 1225 Hampton St. The Angel of Mercy request was tabled indefinitely and Mr. Kingston's request was denied without prejudice. It was also determined that prior to making land use changes in this area that it would be appropriate to hold a Council workshop wherein the residents of the neighborhood would be invited to discuss the future of the area. • The subject property fronts Almond St. and all other~~roperties on the north side of Almond St are in the Established Business District -2, which allows for professional office, and have zoning that would allow for office with a conditional use permit. • C1TY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 5, 2002 Page - 11 - However, with the exception of Mr. Langley's law office, all other properties north of Almond St. are still in residential use at this time. Because of the uncertainty of the intent of the drafters of the original comp plan and given the interest of the surrounding neighbors regarding requests for prior land use changes in the area, staff recommends postponing this request as well as the request for a Rezoning and for a CUP until holding a workshop with the neighborhood to discuss the long term development of this area. Attorney Richard Langley told the Commission that his present law office is adjacent to the property in question, and it is his intention to move some of the staff in his office to the new building. He pointed out to the Commission that with the present zoning he could build a duplex on the property without having to request any zoning or a CUP. If he did that, there is a very large, very old oak tree that would have to be taken down to make way for the duplex. The design for his new office building allows the oak tree to • remain. In addition a duplex would have a greater impact on the neighbors than an office would. Richard Tegen asked if anyone had any questions or comments in reference to these requests. John Atwater asked Mr. Langley if he had to get a zoning change for the original office building. Mr. Langley replied that he did have to get a zoning change for his present office. Richard Tegen asked if Mr. Langley had excess parking at his present office. Mr. Langley answered that he did not. Ronaldo Camargo stated he did not see that the other lots on the block that applied for a zoning change have anything to do with this matter before the Commission. He did not see why this matter should be tabled. John Atwater asked if the owners of the adjoining lot had been notified. Barry Brown replied that they had all been notified. • David Pape made a motion to approve the Small Scele Comprehensive Plan Amendment as requested. Ronaldo Camargo seconded the motion. The vote was 7-1 with Magpie Miller voting nay. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 5, 2002 Page - 12 - 7. REQUEST FOR REZONING APPLICANT: Richard H. Langley OWNER: Richard H. Langley REQUEST: To Rezone Clermont Heights Lot 275 and the south 'h of Lot 276 from R-2 Residential to R-3-A Residential/Professional. LOCATION: Northwest corner of Hampton St. and Almond St. LEGAL DESCRIPTION: Clermont Heights, Lot 275 and the south'/z of Lot 276. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Non-Established District ^4 (NED-4) FUTURE LAND USE CLASSIFICATION: Commercial. EXISTING ZONING: R-2, Medium Density Residential Density. Director of Planning Barry Brown stated that this request for rezoning is predicated on the Council granting the comp plan amendment to change the land use district. David Pape made a motion to approve the Rezoning. Ronaldo Camargo seconded the motion. The vote was 7-1 for approval with Magpie Miller voting naY 7. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Richard H. Langley OWNER: Richard H. Langley REQUEST: For a Conditional Use Permit to allow for a professional office in the R-3-A zoning district. • LOCATION: Northwest Corner of Hampton St and ~Imond St. LEGAL DESCRIPTION: Clermont Heights, Lot 275 and the South ~h of Lot 276. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 5, 2002 Page - 13 - EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Non-Established District -4 (NED-4). FUTURE LAND USE CLASSIFICATION: Commercial EXISTING ZONING: R-2, Medium Density Residential District. David Pape made a motion to approve the request for a Conditional Use Permit, Ronaldo Camargo seconded the motion. The vote was 7-1 for approval with Magpie Miller voting nay. John Atwater stated that he hopes the City Council will move forward with the plans for a workshop in relation to the zoning for this block. 8. REQUEST FOR ANNEXATION and AMENDMENT TO THE LEGENDS PUD APPLICANT: Jimmy Crawford OWNER: TOLLEFSON DEVELOPMENT OF FLORIDA, INC. Planning Director Barry Brown stated that Jimmy Crawford is requesting that the annexation of the Overlook at Lake Louisa property and the amendment to the Legends PUD be postponed. David Pape made a motion to postpone these requests to the December 3, 2002 meeting of the Planning and Zoning Commission. Dave Lange seconded the motion. The vote was unanimous for postponement. There being no further business the meeting was adjourned. Ric and Tegen, hay an • •, ATTE j ~f c, J C. McAllister Planning Technician II