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07-02-2002 Regular Meeting• • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 2, 2002 The meeting of the Planning & Zoning Commission was called to order Tuesday, July 2, 2002, at 7 p.m. by Chairman Richard Tegen. Members present were John Atwater, Gene Crossley, David Pape, John Carlson, Sy Holzman, and Maggie Miller. David Lange 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 Planning and Zoning Commission meeting held June 4, 2002 were approved as amended at the request of Maggie Miller to include the fact that Mr. Walpen was operating the retail portion of his business at the time of the meeting, but was not manufacturing product or serving at tables. Ms. Miller also wanted the record to reflect that Mr. Kingston was not renting his property on Hampton St. at the time of the meeting. REPORTS Chairman Richard Tegen mentioned that the City Council had approved the Walpen CUP and had voiced its displeasure with the Planning & Zoning Commission for having tabled the request instead of providing their input. It was the consensus of the Commission that the City Council should respect their recommendations. Council Member Ann Dupee pointed out that the City Council does take the recommendations of the Planning & Zoning Commission into account, but in this case exercised its option to take action instead of postponing the issue. 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Montrose Business Plaza OWNER: Gurmale Gill REQUEST: To allow for the construction of a three-story building which will include retail and professional offices in the Central Business District. LOCATION: 898 W. Montrose Street. Planning Director Barry Brown stated that the applicant requested this matter be postponed until the August Planning and Zoning Commission meeting. David Pape made a motion to postpone the request until the August 6 2002 meetincl John Carlson seconded the motion. The vote was unanimous in favor of postponing the request to August 6, 2002. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 4, 2002 Page - 2 - 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Rev. Francisco Symphorien OWNER: Dave and Kay Mahanand REQUEST: For a Conditional Use Permit to allow for the temporary operation of a church in the C-1 Light Commercial zoning district. LOCATION: 478 West Highway 50. In a commercial strip center at the northeast corner of SR 50 and Fifth St. To the east is the New Jacob's Chapel, to the west is South Lake Truck Sales, and to the south across SR 50 is City Fire Station #1. EXISTING LAND USE: Commercial retail strip center. FUTURE LAND USE DISTRICT: Non-Established District -3 (NED-3); the requested use is an allowable use in NED-3. FUTURE LAND USE CLASSIFICATION: Commercial. The requested use is allowed in the Commercial land use classification. EXISTING ZONING: C-1 Light Commercial. A church is a conditional use in any zoning district. Planning Director Barry Brown introduced this request by stating that the applicant is proposing to operate a temporary church to include church offices and meeting space for worship services. The property has the appropriate land use and zoning designations, however, the potential lack of parking brings into question the appropriateness of the location. The church is proposing to occupy 798 sf of a 3192 sf strip center. The center was approved with 15 parking spaces. A church is required to provide one parking space for each four seats, therefore, the church would need to provide 13 spaces if 50 people were to attend. With 15 spaces total, adequate parking could be provided only if all other users of the center were closed. Staff's concerns about parking were brought to the applicant's attention and they have provided a letter from the New Jacob's Chapel allowing for use of their parking lot. While both churches hold services on Sunday, the hours of operation matrix provided by the applicant indicates there would not be a conflict with the use of the New Jacob's Chapel parking. Mr. Brown stated this would be a temporary church use for a period of one year, and the use will be limited to church and office use only. It will not include any social service programs. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 2, 2002 Page-3- City Attorney Robert Guthrie suggested Section 2 -Land Use be amended to specifically exclude any social services from being offered at this site. Richard Tegen asked if the applicant was present. Francisco Symphorien, 7701 Groveland Farm Road, Groveland, FL and Leydyluv Symphorien, 7701 Groveland Farm Road, Groveland, FL. were sworn in. Leydyluv Symphorien told the Commission about the other businesses in the strip mall and the hours they are open, indicating that the church services would in no way interfere with their business hours. She also told the Commission that their church services are at different times than those of the New Jacobs Chapel, so that additional parking would be available for their parishioners in the New Jacobs Chapel parking lot. Richard Tegen asked how long the church's lease was. Mr. Symphorien replied that it was for one year. Gene Crossley asked how many people would be staffing the church office. Mr. Symphorien said there would be no more than two in the office. David Pape made a motion to approve the request as amended. Gene Crossley seconded the motion. The vote was unanimous in favor of approval. 3. REQUEST FOR REZONING APPLICANT: Celebration of Praise Church of God OWNER: Charles E. Bosserman, Trustee REQUEST: To rezone Tract 54 of Monte Vista Park Farms from (UE) Urban Estate Residential District to (R-1) Medium Density Residential District. LOCATION: North of Legends subdivision. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District-7 (UD-7). • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 4, 2002 Page-4- FUTURE LAND USE CLASSIFICATION: Residential. EXISTING ZONING: UE, Urban Estate Low Density Residential District. Planning Director Barry Brown introduced this request by stating that the subject property is Tract 54 of the Monte Vista Park Farms plat. The property is currently in the County. If the City Council approves the request for annexation that is scheduled to be heard by the City Council on July 23`d, the property will automatically be assigned the City's default zoning of Urban Estate (UE), which allows for one dwelling unit per acre. All the property surrounding the subject parcel is in the City. Property to the east, south, and west is the Legends subdivision. Property to the north is vacant and zoned R-1 Residential. The Church is under contract to purchase a 158-acre parcel that included the 10-acre subject parcel. The church will keep approximately 50 acres for a church campus and sell the remainder for residential development. The 10-acre subject parcel is a county enclave that is appropriate for annexation and residential development in keeping with surrounding properties. Richard Tegen asked why the Commission was hearing a rezoning on a property that has not yet been annexed into the City. City Attorney Robert Guthrie explained that it is common practice for an annexation and rezoning to be considered simultaneously. Mimi Ogden, Highland Real Estate, 1135 East Avenue, Clermont, FL was sworn in and offered to answer any questions the Commission might have. David Pape made a motion to approve the request for rezoning Gene Gross/ey seconded the motion. The vote was unanimous in favor of approval 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT :Celebration of Praise Church of God OWNER: Charles E. Bosserman, Jr., Trustee REQUEST: For a Conditional Use Permit to allow the construction of a new church campus. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 2, 2002 Page - 5 - GENERAL LOCATION: West side of South Highway 27 just north of the Legends subdivision. SIZE OF PARCEL: +/-50 acres. 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. EXISTING ZONING: R-1, Residential. A church is a conditional use in any zoning district. Planning Director Barry Brown introduced this by saying that the applicant is proposing to construct a new church campus that will consist of a worship center that will include a 2,200 seat sanctuary, educational classrooms, and church office complex. The campus will also include a family life center, daycare/nursery center, spiritual life center, picnic pavilion, and maintenance garage. The proposed church use is appropriate at this location and the project meets the criteria of the land use designations and zoning district. Mr. Brown brought attention to Section 4, Condition #3, which states "An 80 ft. wide right-of-way shall be dedicated along the length of the north property boundary from Highway 27 to the western property boundary. This will allow for the construction of a roadway to access the residential properties west of the church campus. If the South Clermont Connector is constructed this roadway will be temporary and may be removed when the connector is completed. If the connector is constructed the right-of-way will be deeded back to the church. However, if the South Clermont Connector is not constructed the roadway will become a permanent access to Highway 27 from the residential properties to the west of the church." Sy Holzman asked how the residents of the western portion of the subdivision would be able to access Highway 27. Barry Brown replied that there will be at least two access points along the South Clermont connector for each subdivision, so there could be as many as four access points from the subdivisions to the connector. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 2, 2002 Page-6- John Atwater said that the church plans show two entrances off of 27. He asked if they will be right in, right out. Barry Brown said that at present, at the northernmost entrance there is a full median cut on Highway 27, and that median cut provides access to the construction entrance of Kings Ridge. The plans are to make that a directional median rather than a full median. There would be a southbound left into Kings Ridge and possibly a northbound left directional into the church property. The church's main entrance will be a right in right out. There will not be a full median cut on Highway 27. Richard Tegen asked if the applicant would like to make a presentation. Mimi Ogden said there had been some revisions to the original conceptual plan. She stated the building shown as the gymnasium and youth center has been enlarged to accommodate a bowling alley as well as the other uses mentioned. She further stated that this is the building that will be used for worship services until the worship center is built in phase II. Richard Tegen asked if there was anyone in the audience who would like to speak about this request. Jimmy Crawford, 3846 Beacon Ridge, Clermont, FL was sworn in and said that as a resident of the Legends he supports the plan for the church, but that there has been no provision for lighting the tennis courts or ball field. He said that lighting for the tennis courts could be shielded from the surrounding residential area, but that ball field lighting could not be effectively shielded and that it has no place in a residential area. He requested that no lighting be allowed on the ball field. Gail Ash, 3912 Payton Court, Clermont, FL. was sworn in and expressed concern that the church might want to have an electronic message board out front like the one it has in front of their church building in Minneola. She wants to see a restriction on signage. Barry Brown assured Ms. Ash that the City Code would not allow for a sign similar to the one in Minneola. He assured her there would be no electronic message sign. Gene Crossley asked what the water usage would be for the church campus. Barry Brown stated he did not have the water usage estimates, but that it would be considerably less than a residential subdivision would use. • CI T Y OF CL ERMONT MINUTES PLANNING AND ZONING COMMISSION July 2, 2002 Page-7- John Carlson asked if there were plans for a school on the campus. Barry Brown replied that there was not. David Pape asked if there would be reuse water available for irrigation. Barry Brown said there would be reuse water available in the future, but it is unknown exactly when it will be available. Maggie Miller stated there doesn't appear to be enough space in the play area for children. Mimi Ogden said that is regulated by the State, and that the church would conform to those regulations. Maggie Miller expressed concern that there would not be enough parking for the proposed uses. John Henderson, 221 N U.S. Highway 27, Clermont, FL was sworn in and stated that the parking would be a shared parking situation. He said that at no time would the gymnasium be in use when they are conducting church services, even when the main sanctuary is built. The parking situation was discussed further and it was found that there would indeed be enough parking spaces to accommodate the proposed uses. John Atwater mentioned that there would be a lot of grass parking. He asked if it was going to be irrigated. John Henderson said they could use Bahia grass which is drought tolerant. Barry Brown said they would have to use Bahia grass by code, and that he would certainly want irrigation in place. John Atwater asked that in the future the Commission be provided with water usage calculations for projects presented to it. Steve Rosser, 11534 Grand Bay Blvd., Clermont, FL was sworn in and stated that he is on the church council and that the present church facility in Minneola uses approximately $25.00 worth of water a month. • i CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 2, 2002 Page-8- Richard Tegen reminded Mr. Rosser that the present site is not 50 acres and the irrigation would make a big difference. Sy Holzman made a motion to amend Secton 2 by adding Item #2" Ball fields shall not be lit for nighttime activities': John Carlson seconded the motion. The vote was unanimous for approval of the amendment. David Pape made a motion to approve the request as amended. Sy Holzman seconded the motion. The vote was unanimous in favor of approval. 5. SMALL SCALE COMPREHENSIVE PLAN AMENDMENT APPLICANT: Jimmy D. Crawford OWNER: Clermont Highlands Development, Inc. REQUEST: For a Small Scale Comprehensive Plan Amendment to change the Future Land Use District of the subject property from Undeveloped District -5 (UD-5) to Established Business District-2 (EBD-2) and the Land Use Classification from Residential/Professional to Commercial. GENERAL LOCATION: East side of Highway 27, north of S.R. 50; adjacent to and south of Jay Vander Meer's commercial center, Clermont Centre, and north of Grandview Apts. SIZE OF PARCEL: 1.4 acres. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District - 5 (UD-5). FUTURE LAND USE CLASSIFICATION: Residential/Professional. EXISTING ZONING: C-2, General Commercial. Director of Planning Barry Brown introduced this request by saying that the applicant wants to change the land use of the subject property so that it can be developed as a commercial use. The property has a Highway 27 frontage, but access would come through Clermont Commercial Centre to the north. The property already has the appropriate zoning, C-2 General Commercial. The location is appropriate for commercial development. Mr. Brown stated that in order for this to go forward a cross • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 2, 2002 Page-9- access agreement from Mr. Vander Meer would be necessary. Jimmy Crawford is representing the owner and stated that a cross access agreement would accompany the request when it goes on to the City Council. Sy Holzman asked if the property could be accessed from Grand Highway. Jimmy Crawford answered that physically it could be, but that access to a commercial property is not permitted from a residential property. Gene Crossley made a motion to approve the request for a Small Scale Comprehensive Plan Amendment. John Carlson seconded the motion. The vote was unanimous in favor of approval. 6. REQUST FOR CONDITIONAL USE PERMIT APPLICANT :Maury L. Carter & Associates, Inc. OWNER: Chester C. Fosgate Company REQUEST: For a Conditional Use Permit to create a Planned Unit Development that will consist of a professional and medical office development. GENERAL LOCATION: This property is located at the northeast corner of Citrus Tower Blvd. and Oakley Seaver Dr. SIZE OF PARCEL: +/-45 acres. EXISTING LAND USE: Undeveloped. FUTURE LAND USE DISTRICT: The subject property is in the Undeveloped District -5 (UD-5) land use district and the requested use is an allowable use with the approval of a Planned Unit Development (PUD). FUTURE LAND USE CLASSIFICATION: The subject property is classified as Residential/Professional. The requested use is allowed in the Residential/Professional land use classification. EXISTING ZONING: R-R, Rural Residential. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 2, 2002 Page - 10 - Planning Director Barry Brown introduced this request by saying that the applicant is proposing to develop the subject property as a professional and medical office project. Three lots in the western portion of the property along Citrus Tower Blvd. have already been sold. Dr. Ray is planning to construct a medical office on Lots 3 and 4. Plans for the eastern portion of the lot are uncertain at this time, but it is important to do the PUD now so that Dr. Ray can move forward with his project. Therefore the west half of the project, Lots 1-9 shall be designated Phase I and the east portion of the property, Lots 10 and 11 shall be designated Phase II. When Phase II is ready for development, the PUD will be amended to reflect those development plans. The project meets the criteria of the land use designations and zoning district. Mr. Brown mentioned that the residents in Skyridge Valley would be pleased that the property that had been approved for apartments is being purchased by South Lake Memorial Hospital and will not be used for apartments. He further stated that the hospital is planning to purchase the rest of the property that has not already been purchased in the PUD. Scott Gentry, 809 Appleton Ave. Orlando, FL was sworn in and offered to answer any questions the Commission might have. Dr. Michael Ray, 1331 Lakeshore Drive, Clermont, FL was sworn in and stated that he would be developing Phase II of the PUD. He further stated he was extremely pleased that there will be a large medical complex associated with the hospital. Richard Tegen asked what ancillary retail sales would be associated with the property. Barry Brown said he thought it would include things like walkers and canes. Dr. Michael Ray stated it would be various types of medical equipment as well. Sy Holzman asked what kind of buffer there would be on the north side of this property. Barry Brown replied that at the present time the buffer was not planned to be in excess of City Code, which is a 10 foot wide landscape buffer that would include shrubs, trees and hedges. Maggie Miller asked if it was a done deal that the hospital was going to purchase the land where the apartments were going to be. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 2, 2002 Page - 11 - Barry Brown reported that he spoke to Shannon Elswick who said it was hospital's intention to do so. John Atwater made a motion to approve the request. David Pape seconded the motion The vote was unanimous in favor of approval. Richard Tegen asked if there were any non-agenda items that anyone wished to discuss. There were none. There being no further business the meeting was adjourn hard Tegen, C irman ~L~"' t ~`" - ~L ~ C. McAllist r -Planning Technician II