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09-07-1999 Regular Meeting• • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION SEPTEMBER 7,1999 The meeting of the Planning & Zoning Commission was called to order Tuesday, September 7, 1999 at 7:00 P.M. by Vice Chairwoman Elaine Renick. Members present were Joseph Janusiak, Charles Forth, Bill Rauch, Wanda Andrews and Misty O'Bar. Members Michael Floyd and Robert Smythe were absent. Also in attendance were Barry Brown, Director of Planning, Robert Guthrie, City Attorney and Mimi Ogden, Planning and Zoning Specialist. MINUTES of the Planning and Zoning Commission meeting held August 3, 1999 were approved as presented. 1. AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT APPLICANT: Eric Kovar OWNER: Don M. Casto Organization LOCATION: Parcel generally located north of State Road 50, east of Grand Highway, • west of Citrus Tower Blvd. (aka East Jacks Lake Road) and south of Sunset Village Subdivision. Planning Director Brown explained that the exact alignment of Oakley Seaver Drive was not known at the time the original PUD was approved, this is a request to amend the legal description to reflect the current alignment of Oakley Seaver Drive. The previously approved PUD consisted of single family, multi-family, an Adult Congregate Living Facility and a recreation area. Based upon compliance with Future Land Use District and Future Land Use Map classifications, and compatibility with adjacent land use patterns, Staff recommends approval of the Planned Unit Development with the conditions as outlined in the Commissions packet. A motion was made by Wanda Andrews to recommend approval of this request to the City Council as presented by Staff. The motion was seconded by Joseph Janusiak and approved by a unanimous vote. 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Ralph King • LOCATION: 234 Mohawk Road -Lot 2, Clermont Commons • • ~~ LJ CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION SEPTEMBER 7,1999 Page - 2 - Planning Director Brown explained that the applicant is requesting an additional three (3) years to operate a Montessori Elementary School in the Clermont Commons Business Park. The City Council previously granted approval of the school for a period of one (1) year in 1997 (Resolution #953) and then granted an additional year in 1998 (Resolution #1003). There have been no complaints regarding the school since its inception. Based upon consistency with the adopted City Zoning Regulations and Comprehensive Plan directives, Staff recommends approval of the Montessori school facility with the conditions as outlined in the Commissions packet. Member Wanda Andrews asked if the school were looking for a permanent site. Ms. Ralph King, applicant, stated that they are actively looking for a permanent site, they only asked for 3 years this time to prevent them from having to come back before the board and this should give them ample time to locate a new site that would allow • the school to grow. Member Charles Forth stated the only concerns he would have about the school at this location, is ensuring that the children are not in danger due to the other uses in the surrounding area. Mr. Bob Shaker of Jaymark stated that the area the school is in is strictly professional offices. A motion was made by Wanda Andrews to recommend approval of the request to the City Council as presented by Staff The motion was seconded by Bill Rauch and aanroved by a unanimous vote. 3. REVIEW OF REVISIONS TO THE LAND DEVELOPMENT REGULATIONS Director of Planning Brown explained that the proposed Land Development Regulation changes that have been included in the Commissions packet are those that have been reviewed at workshops with the City Council. Regarding the changes to Sections 110-270 and 114-4, Member Charles Forth stated that he recalled from the workshops that this section was to be amended to state that a wye would not be required in developments that were served with reuse water for • irrigation. Planning Director Brown stated that he would discuss this issue with the City Engineer. t • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION SEPTEMBER 7,1999 Page-3- Vice Chairwoman Elaine Renick stated, regarding the minimum size of trees, she has called several nursery's and they have said that they can get trees that are larger than 3" and they also stated that containerized trees would have a better survivability than would field grown trees. Member Misty O'Bar noted this had been discussed, however adding the requirement that trees be containerized would preclude some of the local tree growers from supplying trees. Containerized trees do have a 98% survival rate versus a 75% survival rate for field grown trees. Member Bill Rauch added that field grown trees can only be transplanted at certain times of the year. Member Misty O'Bar suggested that the City require a minimum of a 4 foot spread for the trees. • Member Charles Forth stated that the code states that trees must meet or exceed the standards for Florida No. 1 trees. This will specify, by tree type, the amount of spread a tree should have to qualify for a Florida No. 1. Regarding Section 118-38(c)(2), Member Charles Forth suggested that it be clarified that the seven foot wide center median must be continuous. Vice Chairwoman Renick suggested that the width of the center median be increased to eight feet, giving the roots of a tree more growing room. Regarding Section 118-113(d)(2), Vice Chairwoman Renick suggested that the replacement requirements be change in that the threshold that requires a 6" replacement tree be changed to 18" from 24". Discussion followed regarding the ability to provide the City Council with the Minutes of the Planning and Zoning Commission meeting prior to their voting on the issues that come before the Commission. Director of Planning Brown briefly went over the Northeast Traffic Study that was included in the Commissions packet. Member Charles Forth expressed his concerns about the traffic study which indicates that by the year 2002 State Road 50 will exceed its adopted level of service, as well as Citrus Tower Boulevard, which has only recently • been built. Member Wanda Andrews suggested that the City Council put a moratorium on development until more roads can be built to handle the additional traffic. Member Misty O'Bar noted that the Comprehensive Plan does state that we can not allow development to occur if we can not maintain our adopted Levels of Service. • • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION SEPTEMBER 7,1999 Page-4- Director of Planning Brown noted that this was correct, once the City reaches the point where they no longer have the capacity to serve the development. Member Misty O'Bar stated that according to the traffic study, once the already approved developments are built out, the City will be at that stopping point. Director Brown explained that there is a timing issue, only certain phases of the approved developments will be constructed by a given time. City Attorney Robert Guthrie explained that at the year the plan designates there is a problem the City could say no to any new applications. The traffic study is an indication of the problems that the City will have in the future and it should be analyzed. Applicants should be put on notice that they may be getting approval for their developments that can not be acted upon and as we approach the date that the adopted Level of Service can not be met the City can begin to say no to a proposed development. Member Wanda Andrews asked what actions the City can take if the County continues • to approve developments that affect the City (i.e. traffic impacts). City Attorney Guthrie noted that the City could challenge the County for the approval of a development. Member Bill Rauch stated that the County has been approving a lot of new subdivisions on South Lakeshore Drive and questioned whether the County was analyzing the impacts that these new developments are having on the road systems. Attorney Guthrie explained that the Countys adopted Level of Service for the roads may be less than the Citys. When the County approves a development they are only looking at their level of service, not the Citys. Vice Chairwoman Renick asked when the City was going to begin to review the amendments that need to be made to the Comprehensive Plan to eliminate multi family. Director Brown explained that this issue will be addressed in the future, at the direction of the Council and at that time as the department is fully staffed. After a brief discussion, a motion was made by Wanda Andrews to recommend to the City Council that a planner consultant be hired so the City can immediately begin to • review the necessary amendments to the Comprehensive Plan regarding multi family developments. The motion was seconded by Bill Rauch and approved by a unanimous vote. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION SEPTEMBER 7,1999 Page-5- There being no further business the meeting was adjourned at 8:45 p.m. Elaine Renick, Vice-Chairman ATTEST: ..~-~ imi Ogden, Planning and Zoning Specialist i