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03-06-2001 Regular Meeting• CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 6, 2001 The meeting of the Planning & Zoning Commission was called to order Tuesday, March 6, 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. Frank Caputo introduced a new commission member to those present. John Carlson addressed those present and told a little about himself. MINUTES of the Planning and Zoning Commission meeting held February 6, 2001 were approved as written. 1. CONDITIONAL USE PERMIT APPLICANT: The Church at South Lake OWNER: Mercator Properties, Inc. REQUEST: For a Conditional Use Permit to allow for the construction of a church in the M-1 Industrial zoning district. GENERAL LOCATION: Lot #5 of the Clermont Commons Business Park. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District - 5 (UD-5). FUTURE LAND USE CLASSIFICATION: Industrial. EXISTING ZONING: M-1 Industrial. Churches are a conditional use in all zoning districts. Planning Director, Barry Brown introduced this request by stating that the applicant is proposing to construct a church facility that will house an auditorium for worship services, Sunday school classrooms, church staff offices, and other ministry activities. The church is currently operating in another building in the business park. The use has proven to be compatible with other uses in the park. The proposed use meets the criteria of the land use designations and the zoning district. Mr. Brown stated that he would like to add the condition that the church would have to provide a written agreement with the owner that would allow the church to use parking on adjacent lot #4 after hours and on weekends in order to meet parking requirements. t~J CITY OF CLERMONT MINUTES • PLANNING AND ZONING COMMISSION March 6, 2001 Page-2- John Atwater observed that there seemed to be enough parking for the church. Mr. Brown explained that the facility plans to expand to 400 seats. It would then be required to have 100 parking spaces instead of the spaces now required. Frank Caputo suggested that the church and the property owner add cross access to the parking agreement. The representative for the applicant, Brian Hammond, 268 Mohawk Rd., was sworn in. He offered to answer any questions that anyone might have. Bill Rauch asked if the facility would be open to the public for any other use and if that would effect the parking requirements. Mr. Hammond indicated that there were no plans right now to do that, but if it did occur in the future the occupancy of the facility is 400 maximum and that could not be increased. Therefore, the parking would be sufficient. He also indicated that the use occurs after regular business hours and does not interfere with other businesses in the park. Richard Tegen asked Barry Brown if it would be possible in the future to get estimated water use calculations on new buildings and the expansion of buildings. Barry Brown indicated that it would be possible. Frank Caputo opened the discussion to the public. Bob Shakar, 230 Mohawk Rd. Clermont, FL was sworn in. Mr. Shaker indicated that Mercator Properties is the owner of the property and that tots 2 and 3 will be available for church parking as well as lot 4. Richard Tegen made a motion to approve the request with the addition of conditions regarding parking and cross access. David Pape seconded the motion The vote was unanimous in favor of approval. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 6, 2001 Page - 3 - 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: New Horizons Church, Rev. Ross L. Laudner OWNER: Clermont Women's Club REQUEST: To amend an existing conditional use permit to continue the temporary operation of a church in the Clermont Women's Club for two (2) years. LOCATION: 655 West Broome Street EXISTING LAND USE: Clermont Women's Club. FUTURE LAND USE DISTRICT: NED-3 FUTURE LAND USE DESIGNATION: Commercial EXISTING ZONING: C-1 Light Commercial. A Church is a conditional use in all zoning districts. Barry Brown, Planning Director, introduced this request by saying that in February 1999, Resolution No. 1051 was approved by the City Council allowing the temporary operation of a church in the Clermont Women's Club. In January 2000, Resolution No. 1104 was approved to allow the church use to continue for an additional year. The permitted time has expired and the Church is again requesting to continue operation of a temporary church in the Clermont Women's Club. The proposed use meets the criteria of the land use designations and the zoning district. Frank Caputo asked if the applicant was present. Rev. Ross L. Laudner, 3424 Dragon Lake, Orlando, FL. was sworn in. Mr. Laudner stated that he would answer questions. Frank Caputo asked if anyone from the public would like to speak on the subject. No one wanted to speak and Mr. Caputo opened questioning to the Commission. David Pape pointed out that the lease from the Women's club was only for one year and the CUP would be for two years. Barry Brown explained that if the tease was not renewed the CUP wouldn't be of any use. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 6, 2001 Page-4- Frank Caputo pointed out that there was not a condition in the CUP regarding parking. Barry Brown said that a condition could be added making the CUP contingent upon approval to share parking with the First United Methodist Church. David Pape suggested allowing time for the Church to find other parking arrangements if the facility at the Methodist Church became unavailable. John Atwater asked what the building capacity of the Women's Club is. Bill Rauch said it was 40-50 people and that would be double the church's congregation right now. Bill Rauch made a motion to approve the request as written. David Pape seconded the motion. The vote was unanimous in favor of approval. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: John Wetzel of Advanced Watershapes OWNER: Kenneth and Tracy Cassady. REQUEST: For a Conditional Use Permit to allow for the construction of a professional office. LOCATION: The southeast corner of S.R.50 and East Avenue. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: The subject property is in the Non-Established District-3 (NED-3). FUTURE LAND USE CLASSIFICATION: Residential/Professional. EXISTING ZONING: R-3 Residential/Professional District. Professional office is a conditional use in R-3. Barry Brown, Planning Director, introduced this CUP by stating that the applicant is proposing to construct an office for his business, Advanced Watershapes, including a display pool. The proposed use meets the criteria of the land use designations and the zoning district. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 6, 2001 Page - 5 - Mr. Brown pointed out #1 in Conditions Section 2 indicating that a display area for the business would include a pool and a deck. John Atwater asked if the grading would be done to code. Barry Brown assured him that it would. John Wetzel, 15620 Arabian Way, Montverde, FL was sworn in. Mr. Wetzel assured the Commission that there will be no grading that will violate City code. He also mentioned that the professional office will be a duplex. Gene Crossley asked if there would be access to the pool area other than through the building. Mr. Wetzel assured him there would not be access from the outside and that the pool area would be walled and have a screen enclosure. John Atwater commended the applicant on putting the driveway entrance on East Avenue instead of Highway 50. Frank Caputo opened the discussion to the public but no one wanted to speak. John Awater made a motion to approve the request. Richard Teaen seconded the motion. The vote was unanimous in favor of approval. 4. REQUEST FOR SMALL SCALE COMPREHENSIVE PLAN AMENDMENT APPLICANT: South Lake County Foundation, Keith Hogan, Vice President OWNER: Jack and Joyce Amann REQUEST: For a Small Scale Comprehensive Plan Amendment to change the Future Land Use Classification of the property from Residential to Residential/Commercial. LOCATION: The property is located at the southwest corner of West Avenue and Juniata St., facing Center Lake. EXISTING LAND USE: Residence with a Beauty Safon. FUTURE LAND USE DISTRICT: The subject property is in the Non-Established Business District - 6 (NED-6) land use district. Professional office is an allowable use in NED-6. u CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 6, 2001 Page-6- FUTURE LAND USE CLASSIFICATION: The subject property is classified as Residential EXISTING ZONING: R-3. Planning Director, Barry Brown stated that the applicant plans to use the existing structure as the offices for the South Lake County Foundation. While the property has the appropriate land use district and zoning designations, the Residential land use classification does not allow for professional office. A change from Residential classification to Residential/Professional is required to accommodate the proposed professional office use. The requested change to professional office use is a natural link between the funeral home and church uses 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. Keith Hogan, Vice President told the Commission that the Foundation wished to own its facility and be a true part of the community. He stated that most of the remodeling would be on the exterior of the building. Frank Caputo asked if there was anyone from the public who would like to comment. There was no one. Gene Crossley made a motion to approve the request. John Atwater seconded the motion. The vote was unanimous in favor of approval. 5. REQUEST FOR REZONING APPLICANT: Halvorsen Development Corp. OWNER: Chancery Lane, Ltd. REQUEST: To rezone the property from UE Urban Estate to C-2 General Commercial. GENERAL LOCATION: The property is located at the southeast corner of U.S. 27 and Hartwood Marsh Road. SIZE OF PARCEL: 10+/- acres. EXISTING LAND USE: Vacant FUTURE LAND USE DESIGNATION: Lake County Urban Expansion. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 6, 2001 Page-7- EXISTING ZONING: Prior to annexation the property has a Lake County zoning designation of CP with C-2 uses. Upon annexation by the City it will automatically assigned UE Urban Estate. Barry Brown, Director of Planning, stated that the subject property is a 10 acre commercial parcel in the unincorporated county. A development plan for the site is currently under review by the County. The project which is comprised of 4 commercial out parcels meets the land use and zoning criteria for Lake County and will be approved by Lake County by March 22"d if not before. Since the City of Clermont is the regional water and sewer provider, the developer approached the City requesting that the City provide water and sewer to the site. At its February 27, 2001 meeting, the Clermont City Council agreed to provide services to this site subject to its annexation into the City. All properties annexed into the City are automatically assigned a zoning of UE Urban Estate, therefore this rezoning request is to bring the zoning in line with the prior County zoning and allow for the commercial uses as approved by the County. Frank Caputo asked if this project meets the timeliness criteria for the County. Barry Brown replied that it meets the location criteria, which is the main factor in a commercial project. David Pape asked if there was any indication of what was going to be on the out parcels. Duane Booth, of Farner Barley & Associates, 350 Sinclair Ave, Tavares, FL was sworn in. Farner Barley & Associates are the consulting engineers for Halvorsen Development Corp. Mr. Booth showed a chart with the four (4) parcels and water retention. He explained that the plan was being approved by Lake County. He pointed out the traffic flow around and into the parcels and stated that the developer is anxious to have the intersection signaled as soon as possible. Mr. Booth stated that only parcel #2 was under contract at the moment and that it would be a Hess gas station with a convenience store. He said there might possibly be a medical office building on parcel #4 or a medical supply house but there were no contracts on that parcel yet. Frank Caputo asked how close the entrance to parcel three was to the entrance off of U.S. 27. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 6, 2001 Page - 8 - Mr. Booth replied that the entrance was only a proposed entrance but that it will be constructed as far north on the parcel as possible due to the topography. David Pape asked if it was wise to have people exiting back on to U.S. 27 instead of exiting on to Hartwood Marsh Road due to the excessive speed people travel at on U.S. 27. Frank Caputo asked if there was anyone in the public who would like to address this issue. Cy Holten, 4243 Newland Street, Clermont, FL expressed the opinion that Hartwood Marsh Road is not going to be big enough to handle all of the projected traffic. He hoped that the County would locate a feeder road further to the south. John Atwater asked where the water for this project would come from. Duane Booth said that he hoped they would be getting water and sewer from Clermont, but if not then it will be Lake Utilities. Mr. Guthrie pointed out that there is pending litigation between the City and Lake Utilities and the boundaries of service areas. This might have an impact on who serves this property. Mr. Pape pointed out that this particular piece of property is going to have the same use whether it is in the County or the City and asked what advantage there would be to having it in the City. Barry Brown replied that the city would get the impact fees and ad valorum taxes. David Pape stated that it seems the if the developers do not wish to comply with the City's rules in order to have City water and sewer, they could simply opt to stay in the county and use Lake Utilities for water and have a septic system. Frank Caputo stated he believed they might not be able to get septic through the County. Duane Booth replied that this was a commercial project not industrial and therefore there would be no problem getting septic for the project since it meets health guidelines. However, he stated that the project is not out of line with the City's Land Development Regulations. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 6, 2001 Page-9- Barry Brown said that all they are asking is that the use allowed by the County be allowed by the City after annexation. David Pape said that he felt a Developer's Agreement was needed so that a precedent was not set in allowing property to come into the City under County regulations. Mr. Booth pointed out that once the property was annexed into the City the individual parcels would have to comply with City regulations. He further pointed out that the County requires more trees for a landscape buffer, but that they may be smaller than what the City would require. Barry Brown told those present about a Joint Planning Area seminar that he attended recently. He said this will give the County and the cities an opportunity to work together. When developers work in the county just outside city limits this would give the city some input as to what is being built adjacent to their cities. David Pape made a motion to approve the recruest. Richard Tegen seconded the motion. The vote was unanimous in favor or approval. 6. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Marni Jones for USA Heat Inc. OWNER: Alan Pool REQUEST: For a Conditional Use Permit to allow for teen dances and the operation of a concession bar in conjunction with a cheer gym and youth center. LOCATION: 634 Eighth St. in downtown Clermont. EXISTING LAND USE: Retail building. FUTURE LAND USE DISTRICT: Established Business District - 1 (EBD-1) FUTURE LAND USE CLASSIFICATION: Central Business District. Planning Director, Barry Brown explained that USA Heat is a nonprofit organization established to provide extracurricular activities for the youth of the community. The proposed use is primarily a cheer gym and youth center and will include activities such as: cheerleading classes, arts and crafts classes, chess club meetings and tournaments, teen dances, a concession bar, and other youth activities. The • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 6, 2001 Page - 10 - concession bar and teen dances are conditional uses in the Central Business District. Staff recommended approval if concerns regarding parking, pickup and drop off, hours of operation, and patron supervision are addressed. Mr. Brown made special note of condition #7, which states that the applicant shall provide a signed agreement granting USA Heat the right to use parking at the Hughes building after hours and on weekends. The agreement shall also state that the Hughes building parking lot may be used for pickup and drop off for children. The agreement must be provided to the City prior to commencement of the conditional use activities. Mr. Brown also made special note of condition # 8, which states that if in the future it is demonstrated that the applicant is not able to provide adequate parking for the approved uses, the applicant will be required to provide additional parking or the uses that are causing the parking shortages may be revoked by the City Council. Mr. Brown informed the Commission that USA Heat went ahead with their plans without obtaining the required C.U.P. When that came to light and they were informed of what they needed to do, they applied for the required conditional use permit. They have already opened and were put on this agenda instead of the April agenda because they are already in operation. City Manager, Wayne Saunders, has agreed that the City Council will hear this request on March 13t" instead of March 27t ~ due to the unusual circumstances. Bill Rauch commented that he saw advertisements for the opening of USA Heat weeks ago and notified Planning Director Barry Brown. The reason for his concern was because years ago it was common place for people to go ahead with their plans and not notify the City until after everything was done. He stated that he didn't believe that this was intentional on Mr. Pool's part, but that USA Heat moved faster than Mr. Pool anticipated. Mr. Rauch expressed concern about things being done in a backward manner, and stated that this sort of activity should not be tolerated by the City. Mr. Caputo asked Mr. Brown if all the pickup and drop off would take place in the parking lot and not on the street. Mr. Brown replied that was the plan and he hoped that all would comply. Mr. Caputo then asked Mr. Brown if anyone had considered what impact USA Heat activities would have on downtown First Friday if they had something big going on there at the same time. Mr. Brown stated that he had spoken with the applicant about that and suggested that she get in touch with the Downtown Clermont Partnership to discuss whether it was appropriate or not that the dances be held on First Friday. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MARCH 6, 2001 Page - 11 - Gene Crossley asked if the dances at Jenkins would continue. Joe Janusiak, 1000 Disston Ave, was sworn in. He advised the Commission that the dances usually scheduled at the Jenkins Auditorium would continue and have nothing to do with USA Heat. John Atwater expressed the opinion that Clermont has needed something like this for a long time, but if this is successful, at 3 o'clock in the afternoon as soon as school is out you're going to have a hundred automobiles looking for parking downtown. Therefore, the parking required is not going to be only after business hours, but as soon as school is out. Gene Crossley suggested that the Hughes parking lot be striped in order to avoid confusion, since so may people will be using it. He also pointed out that parking is taken by patrons of the Trailhouse on Friday and Saturday nights as well. Mr. Caputo stated that the USA Heat seemed to have just picked the wrong spot for their endeavor, and that it would cause more problems for the city rather than being a benefit. Mr. Crossley said that he was in favor having something like this for teens to do, however there are concerns of safety and supervision. He further stated that there needed to be some foresight and planning, not an afterthought about getting required permits, and that this kind of responsibility required the applicants to do their homework first. David Pape expressed concern that the proximity of the Trailhouse might present a problem with the transfer of liquor from those of legal age to those just under the age limit. Joseph T. Bonjorn asked if there wasn't going to be more drop off and pick up activity than parking. Mr. Atwater said that the teenagers would be driving their own vehicles and would need parking spaces. Barry Brown agreed that it was not the ideal location, however, renovations to the structure have already been made. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MARCH 6, 2001 Page - 12 - Frank Caputo asked why they made those expenditures before they got approval for the project. Frank Caputo asked if the applicant was present. She was not. He then opened the discussion to the public. No one wanted to comment. Mr. Caputo returned the discussion to the Commission stating that this project would cause more problems than it would bring benefits. Gene Crossley made a motion to deny this CUP. Bill Rauch seconded the motion. The vote was 7-2 for denial with David Pape and John Carlson voting against denial. 7. LAND DEVELOPMENT REGULATION CHANGES Mimi Ogden, Planner I, read and explained the Proposed Land Development Regulation Changes. These are attached to, and become part of, these minutes Bill Rauch made a motion to approve the changes. David Pape seconded the motion. The vote was unanimous for approval. Frank Caputo made the suggestion that the Commission either have a workshop or spend some additional time after a scheduled meeting so that the members would have the opportunity to discuss matters of concern to them. It was decided that spending some additional time after the regular Commission meeting would be the best solution. There being no further business the meeting was adjourned. _~ Fr nk Caputo, Ch 'man ATTEST: -~I ~~ c. ,; .~ iiCl~/~ / ,~.1ane C. McAlister -Planning Technician II %~