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04-03-2001 Regular Meeting• • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION April 3, 2001 The meeting of the Planning & Zoning Commission was called to order Tuesday, April 3, 2001, at 7:00 P.M. by Chairman Frank Caputo. Members present were Bill Rauch, John Atwater, Richard Tegen, Dave Lange, Gene Crossley, David Pape, Joseph T. Bonjorn, and John Carlson. Also in attendance were Barry Brown, Director of Planning, Mimi Ogden, Planner I, Jane McAllister, Planning Technician II, and City Attorney Robert Guthrie. MINUTES of the Planning and Zoning Commission meeting held March 6, 2001 were approved as written. Mayor Hal Turville presented the Joint Planning Interlocal Agreement between Lake County and the Municipalities of Lake County, and explained the process that is associated with the project. A copy is attached and becomes part of this record. The Mayor indicated that he feels this plan has an excellent chance of becoming a reality. He further stated that there are three members of the County Commission who were City Council persons and have the benefit of being able to see things from a municipal perspective. He said that if this plan is finalized and put into effect, it might well become a model for the State. After his presentation the Mayor took questions from the Commission. Richard Tegen asked about the development within the joint planning area being to city standards as found in the city's Land Development Regulations. His question was why the County would be agreeable to something like that. Mayor Turville answered that the County is willing to go to the most stringent standards. John Carlson asked if the city would incorporate the county regulations into the city code. Mayor Turville indicated that the city regulations are usually more stringent than County regulations. David Pape asked if the City Council would provide the Commission and developers with some kind of vision or guidance in regard to joint planning. The Mayor replied that Planning and Zoning would be involved in everything and that the opinions and suggestions of the Commission will be a consideration. Frank Caputo asked about Minneola having no sewer system when we border them and have a sewer system in place. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION April 3, 2001 Page - 2 - Mayor Turville replied that approximately two years ago Clermont offered Minneola the opportunity to become part of the extended sewer service that Clermont was planning and they declined. Mayor Turville further stated that the City of Clermont offered fire protection to the City of Minneola since Clermont was going to a paid department and could provide the service. Minneola also declined that offer. 1. CONDITIONAL USE PERMIT APPLICANT: First United Methodist Church OWNER: First United Methodist Church REQUEST: For a Conditional Use Permit to amend an existing Conditional Use Permit, Resolution No. 1070, to allow the expansion of church meeting facilities into the former parsonage on Seventh St. GENERAL LOCATION: 927 Seventh St. EXISTING LAND USE: Residence previously used as parsonage. FUTURE LAND USE DISTRICT: NED-2. FUTURE LAND USE CLASSIFICATION: Residential/Professional EXISTING ZONING: R-3, Residential/Professional District. Planning Director, Barry Brown introduced this request by stating that the applicant is proposing to use a residence that formerly served as the parsonage for classroom space for Sunday School, Bible Study, and other meetings. The subject property is located to the east of the church, directly across Seventh St. from the Education Building. This is an appropriate use at this location and existing parking lots provide adequate parking to meet the additional needs of this space. The proposed use meets the criteria of the land use designations and the zoning district. Frank Caputo asked for questions from the Commission. Ann Whitlock, 541 Whitlock Street, Mascotte, FL was sworn in. Mrs. Whitlock was representing the First United Methodist Church and explained the need for additional classroom space and offered to answer questions. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION April 3, 2001 Page - 3 - Frank Caputo asked if children would be crossing the street to get to the additional classroom. Mrs. Whitlock replied that the classroom space was intended to be used for Sunday School for adults. Frank Caputo opened the floor to the public for questions and comments. There were none. John Carlson made a motion to approve this Conditional Use Permit. David Pape seconded the motion. The vote was unanimous for approval. 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Heart House Community Church OWNER: Oceanfront Properties/Century 21 West Prop. (Landlord) REQUEST: For a Conditional Use Permit to for the temporary operation of a church in the C-2 General Commercial zoning district. LOCATION: Emerald Lakes Plaza EXISTING LAND USE: Shopping Center FUTURE LAND USE DISTRICT: NED-1 FUTURE LAND USE DESIGNATION: Commercial EXISTING ZONING: C-2 General Commercial. A Church is a conditional use in all zoning districts. Barry Brown, Planning Director, introduced this request by saying that the applicant is proposing to operate a church at this location for approximately 2 years. Parking should be adequate as the hours of operation of the church do not coincide with the peak use of the other tenants in the shopping center. A church was previously approved at this location and staff is not aware of any problems with its operation. The proposed use meets the criteria of the land use designations in the zoning district. Frank Caputo asked if the applicant was present. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION Apri 13, 2001 Page - 4 - Danny Hartzog, 1239 Virginia Street, Clermont, FL was sworn in. John Atwater asked if there would be any meetings besides on Sundays. Mr. Hartzog replied that there might be meetings Wednesday nights, but that it would not interfere with parking for the other businesses. Frank Caputo questioned the capacity of the church and asked how the church would handle the growth of the congregation. Mr. Hartzog said they would simply have and additional service on Sunday. Frank Caputo opened the floor to the public for questions and or comments. There were none. Richard Tegen made a motion to approve the request for a Conditional Use Permit. The motion was seconded by Bill Rauch and approved by a unanimous vote. 3. REQUEST FOR SMALL SCALE COMPREHENSIVE PLAN AMENDMENT APPLICANT: South Lake Foundation, Keith Hogan, Vice President OWNER: Jack and Joyce Amann. REQUEST: For a Small Scale Comprehensive Plan Amendment to change the Future Lane Use District and Classification of the property from NED-6 Residential to EBD-1 Central Business District. LOCATION: The property is located on the southwest corner of West Avenue and Juniata Street, facing Center Lake. EXISTING LAND USE: Residence with a Beauty Salon. FUTURE LAND USE DISTRICT: The subject property is in the Non-Established District-6 (NED-6) land use district. Professional office is an allowable use in NED-6. FUTURE LAND USE CLASSIFICATION: Residential. EXISTING ZONING: R-3 Residential/Professional District. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION April 3, 2001 Page-5- Barry Brown, Planning Director, introduced this CUP by stating that the applicant plans to use the existing structure as the offices for the South Lake County Foundation. The applicant is requesting the change to Central Business District land use and Central Business District zoning. Staff supports the requested land use change as an appropriate extension of the Central Business District. This will provide a natural link between the funeral home and church to the south and the Central Business District to the north. In addition, this use will support the continuing efforts to revitalize the historic downtown area. Frank Caputo asked if anyone on the Commission had any questions. Bill Rauch asked if parking would be a problem. Barry Brown replied that they would provide parking on site behind the residence. David Pape asked why the applicant wanted to be in the CBD when they already had the proper zoning for their office. Steven Lee, 4734 Empire Church Road, Groveland, FL was sworn in. Mr. Lee said that the Foundation by its very nature wanted to be in the Central Business District. Frank Caputo opened the floor to the public. No one wanted to speak. John Carlson made a motion to approve the Small Scale Comprehensive Plan Amendment. David Pape seconded the motion and the vote was unanimous for approval. 4. REQUEST FOR REZONING APPLICANT: Wayne Vaughan OWNER: Edward and Debra Jordan REQUEST: To rezone the property from UE Urban Estate to R-3 Residential/Professional District. LOCATION: The property is located on the north side of State Road 50 between the Publix shopping center and the Sonny's BBQ restaurant on Omar St. EXISTING LAND USE: Attorney's office. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION April 3, 2001 Page - 6 - FUTURE LAND USE DISTRICT: Lake County's Urban land use designation. EXISTING ZONING: Prior to annexation, the property has Lake County zoning designations of RP -Residential Professional and CP- Planned Commercial. Upon annexation by the City it will automatically be assigned UE Urban Estate District. Planning Director, Barry Brown stated that this rezoning is being requested in conjunction with a request to annex the subject property into the City. Staff Supports the annexation of enclave properties and supports the existing and proposed office uses at this site. All properties annexed into the City are automatically assigned zoning of UE Urban Estate; therefore, this request will bring the zoning in line with the current and proposed uses of the property. Staff recommends approval of the rezoning from UE Urban Estate to R-3 ResidentiaVProfessional subsequent to the annexation. Richard Tegen suggested that it might be reasonable to send a suggestion to the City Council that Planning & Zoning hear rezonings after the Council has done the annexation. Mayor Turville explained that applicants prefer to have their variances, conditional use permits and rezoning on the same agenda with Planning & Zoning so that if they don't get what they want, they may choose not to go through with the annexation. Robert Guthrie explained that it was a common practice to recommend a rezoning before actually annexing a piece of property. Frank Caputo stated to the Commission that when they approve a matter it is only a recommendation to the City Council. David Pape asked where the property would be accessed from. Barry Brown explained that the property would be accessed from Omar St which runs off of Highway 50. Frank Caputo stated he sees a problem because there is a huge hill going up Omar St. He said it is not possible to make a smooth drive going up to the site. People on Highway 50 will have problems turning off safely. Barry Brown said those problems would be addressed in the Conditional Use Permit that will be required for the additional office building. CITY OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION April 3, 2001 Page-7- Frank Caputo asked if the applicant was present. Edwin Jordan, an attorney who owns the office presently on the site, stated the new building will be for professional office use. He said it would house possibly another attorney, a real estate office, and the like. He further stated that he has not decided on the size of the proposed building. Frank Caputo opened the floor to the public for questions and or comments. There were none and he returned it to the Commission. Bill Rauch made a motion to approve the request subsequent to aid annexation. The motion was seconded by Dave Lange. The vote was unanimously for approval. 5. REQUEST FOR REZONING APPLICANT: Gray, Harris, Robinson, Hovis, Boyette, & Crawford. OWNER: Daniel and Sara Hessburg. REQUEST: To rezone the property from UE Urban Estate to C-1 Light Commercial. GENERAL LOCATION: Southwest corner of S.R. 50 and Citrus Tower Blvd. South and west of Tony Hubbard's office building. SIZE OF PARCEL: +/- 2.2 acres. EXISTING LAND USE: Vacant FUTURE LAND USE DESIGNATION: Lake County Urban Expansion. EXISTING ZONING: Lake County R-6 Residential zoning. Upon annexation the property is automatically assigned a City zoning classification of UE Urban Estate. Barry Brown, Director of Planning, stated that the annexation of this property is an appropriate annexation of infill property into the City. This annexation will allow the City to manage development of the property and will avoid creation of County enclaves within our borders. The requested zoning will allow the property to be developed as light commercial and medical and professional office complex. This is an appropriate location for the proposed uses. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION April 3, 2001 Page-8- 6. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Gray, Harris, Robinson, Hovis, Boyette, & Crawford OWNER: Daniel and Sara Hessburg REQUEST: For a Conditional Use Permit to allow for the construction of a professional and medical office complex in which the building on S.R. 50 is allowed C-1 permitted uses and a restaurant use limited to 1500 s.f. GENERAL LOCATION: The property is located at the southwest corner of S.R.50 and Citrus Tower Blvd. South and west of Tony Hubbard's office building. EXISTING LAND USE: Vacant. FUTURE LAND USE DESIGNATION: Until the City submits a comprehensive plan amendment that will assign the property a City land use designation, the property will continue to have a Lake County Urban land use designation. EXISTING ZONING: C-1 Light Commercial. Planning Director, Barry Brown stated that the applicant is proposing to develop the property primarily as a professional and medical office complex with the building on S.R. 50 allowed C-1 permitted uses and a restaurant use limited to 1500 s.f. The proposed uses are appropriate at the commercial node surrounding the signaled intersection of S.R. 50 and Citrus Tower Blvd. The proposed uses for the site are consistent with the land use designations and zonings assigned the property. Barry Brown stated that the rezoning is contingent upon the annexation, and then there is a conditional use permit subject to the rezoning. He further stated that staff recommends approval of the rezoning and the CUP. The CUP contains a variance request to allow a setback from public rights-of-way of ten (10) feet rather than the 25 feet per code. He explained that the rights-of-way in question will eventually be vacated and the entire vacation would go to property owners abutting this property. This would result in the setbacks eventually being 32 'h feet, which exceeds code. Frank Caputo asked if the commercial buildings extend beyond the 1300 feet from the intersection? Barry Brown replied it was approximately 660 feet to the western boundary. • • C1TY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION April 3, 2001 Page-9- John Carlson stated that Citrus Tower Blvd. was going to extend south into Lost Lake Reserve and that it would be a wide boulevard type roadway with landscaping. He said it appeared that Building #1 would encroach onto Citrus Tower Blvd. Barry Brown replied that Citrus Tower Blvd. would not be as wide north and south of Lost Lake Reserve as it will be in Lost Lake Reserve itself. John Carlson expressed concern that the Fire Department would not be able to reach all parts of the property if setbacks are reduced to 10 feet. Barry Brown said there would be enough room for fire fighting equipment to reach all parts of the development. John Carlson then asked if there would be sidewalks along State Road 50. Barry Brown replied that condition number one in Section 4, Transportation Improvements indicates that sidewalks shall be constructed along all roadways. Frank Caputo asked if there was a traffic analysis or trip generation information with this CUP, and if there would be access from Citrus Tower Blvd. in addition to the right in, right out from State Road 50. Barry Brown replied it hasn't been discussed at what phase the property owner would provide the additional access to Citrus Tower Blvd. Frank Caputo said that the Commission had limited the amount of building on a property to the west because of the right in, right out only, and they already had a traffic analysis and trip generation. He expressed concern about approving this CUP without having that information. Barry Brown said there would be approximately 43,000 square feet of office and commercial space. The property to the west was approved for 48,000 square feet of professional office and two restaurant commercial out parcels. He stated that this total project falls below the threshold of the project to the west. John Atwater asked what the time frame is for the construction of this project and the construction of Citrus Tower Blvd. Barry Brown replied that Citrus Tower Blvd. should be constructed within a couple of years. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION April 3, 2001 Page - 10 - Jimmy Crawford, attorney for the applicant, said the construction of the buildings in this project is anticipated very soon. David Lange asked that Item #6 be addressed in Transportation Improvements which states "A Florida Department of Transportation (FDOT) permit will be required and filed with the City of any activity proposed to occur along State Road 50 right-of-way prior to issuance of development approval or permitting by the City." Barry Brown replied that means that before the City approves the application it must be approved and permitted by DOT. This must be done by the time the City approves construction plans. Jimmy Crawford told the Commission that three of the buildings have already taken by three doctors for medical office facilities, the fourth building will most likely be used by another doctor for the same purpose. The restaurant in the front along S.R. 50 will serve as an on site deli type establishment which will serve the workers at the complex as well as the general public. Mr. Crawford handed out copies of letters from the neighboring property owners indicating approval of the variance for the setbacks. Mr. Crawford requested a change in Section 6 -Variance replacing "public rights of way" with "Helen St. and Hunt St." John Atwater asked of there would be a drive thru at the restaurant. Jimmy Crawford replied that there would not be a drive thru window. John Atwater asked about the grading on the property. Jimmy Crawford explained that the DOT retention pond would have to be enlarged in order to accommodate this property. He asked Rick McCoy the project engineer to address the grading issue. Rick McCoy, 713 Montrose St, Clermont, explained that there would be a substantial amount of grading at the water retention pond. Mr. Atwater asked if the grading would be about 35 feet all across. Rick McCoy replied that the grading would be 15 or 20 feet at the most on the worst side of the pond. Richard Tegen asked how far east will developments be allocated use of the existing DOT retention pond? • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION April 3, 2001 Page - 11 - Rick McCoy replied that they would be the last property to be able to use the DOT pond for off site retention assuming that they get all the permits required. Robert Guthrie, City Attorney, asked if the vacation of the roadways, Hunt and Helen Streets was included in the CUP. Jimmy Crawford replied that vacation is not a formal part of what is before the Commission but would be applied for at a latter date. Frank Caputo opened the floor to the public for questions or comments. There were none. David Pape made a motion to approve the request for rezoning. Richard Tepen seconded the motion and the vote was unanimous for approval. David Pape made a motion to approve the request for a Conditional Use Permit. Gene Crossley seconded the motion. Frank Caputo commented that he has concerns because there has been no trip generation and traffic analysis done. John Atwater agreed with this concern and expressed additional concern with the grading of the property. The vote was 7-2 with Frank Caputo and John Atwater voting a aicL nst approval. Frank Caputo stated this concluded the agenda items and asked if there were any non- agenda items the Commission would like to discuss. Bill Rauch expressed disappointment that the City Council did not take the Planning & Zoning Commission's recommendation in reference to the USA Heat CUP. Frank Caputo commented that the City Council had the benefit of having much more information than what was presented to P&Z. Barry Brown said he would speak to the landlord about sending prospective tenants to the Planning & Zoning Department so that in the future his tenants would be fully informed about the permitting requirements of the City. Gene Crossley commented that he noticed Hughes Supply had their parking lot striped. Frank Caputo asked if the Commission would like to discuss the issue of processing a rezoning before the annexation has been approved. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION April 3, 2001 Page - 12 - John Atwater said that the problem seems to be that everyone is in a hurry. Everything seems to be an emergency and has to be pushed through. Frank Caputo said that constructors should set a reasonable time frame, and if they can't do so, the Commission should not make it their problem. David Pape said it would be a good idea if the City would issue guidelines for service and uses that would be entertained so that developers would have some idea as to where there projects would stand. Frank Caputo asked if the Commission could work with Barry Brown to set up some guidelines and time frames that we could establish with developers and constructors. Barry Brown replied that the Joint Planning Agreement now in process would solve several problems that now effect the Commission as far as projects getting approval in the County and then requesting either services or annexation from the City. Frank Caputo asked about the result of a meeting with property owners in regard to property on Hartwood Marsh Road east of the Lincoln Groves property. Barry Brown said the property owners were informed that the City Council has shown no desire to serve properties outside of the City, nor have they shown any desire to annex outside the present boundaries of the City. The City has encouraged the owner not to request a land use change until the City Council has an opportunity to establish a policy regarding annexation and the provision of services outside City boundaries. They were asked to put off taking any action until after the next Council Retreat. Frank Caputo pointed out that the property in question would be within the joint planning area if the Joint Planning Agreement was already in effect. Frank Caputo asked if there was anything else the Commission would like to discuss. Bill Rauch asked if anything was being done about the Jones Racing situation on State Road 50 at 5th Street . He commented that it was an eyesore and a blight on the community. Barry Brown replied that Mr. Jones has been given a violation notice that cited four violations of the code, and four violations of his Conditional Use Permit. Mr. Jones indicated that he would get with his attorney and get back to Mr. Brown. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION April 3, 2001 Page - 13 - There being no further business the meeting was adjourned. ~~~ Frank Caputo, Ch man ATTEST: L- C. McAllis~r -Planning Technician II