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12-05-1995 Regular Meeting• Cl7Y OF CI.ERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING DECEMBER 5, 1995 The meeting of the Planning & Zoning Commission was called to order Tuesday, December S, 1995 at 7:00 P.M. by Chairman Robert Smythe. Members present were Marilyn MacLauchlin, Keith Mullins, Joseph Janusiak, Wendell McDannel, Darryl Bishop and Bill Rauch. Member Joseph Wiebush was absent. Also attending were Lanny Harker, Director of Planning and Mimi Shaw Ogden, Planning Technician. MINUTES of the Planning and Zoning Commission meeting held November 7, 1995 were approved as presented. At this tune Chairman Smythe stated that due to the large amount of people in attendance for Agenda Item #3, this request would be heard first. 3. REQUEST FOR CONDTI'IONAL USE PERMIT APPLICANT: Richard Bosserman, Trustee LOCATION: Property generally lying north and south of Brogden Drive and west of U.S. Highway 27. REQUEST: A request for a Conditional Use Permit for a Planned Unit Development consisting of single-family residential, multi-family residential, professional office and commercial uses, located in the R-1-A Urban Residential District and the C-2 General Commercial Business District. Mr. Harker noted that the applicant is requesting a Conditional Use Permit for a Planned Unit Development in R-1-A {Urban Residential) and C-2 {General Commercial Business) districts generally located west of US 27, both north and south of the intersection of US 27 and Brogden Drive. The Planned Unit Development is proposed to encompass 57.34 +/- acres of land. Commercial deNelopment will .occupy approximately 6.47 +/- acres of the site. All commercial actbrty will front on US 27. The locations at the intersection of Brogden. Drive atul US 27 will contain 4.07 +/- acres, and the paz~cels at the existing median cut farther south on US 27 will possess 2.4 +/- acres of land. The residential portion of the Planned Unit Development will encompass approximats;ly 37.30 +/- acres of land area. Multi-family residential use will occupy 9.67 +/- acres adjacent to US 27. Approximately 6.67 +/- a~-res will be located along the south property boundary, and 3.03 +i- acres will be situated south of Brogden Drive adjacent to the commercial parcel. Single family residential use will accommodate approximately '17b3 +/- acres, and be developed along the west boundary between Brogden Drive and the :youth property boundary. The single family homes lots will essentially. lie adjacent to the single family sites located in the Lakeview Hills Subdivision. • • Maximum density for the single family units is proposed at four (4) dwellings per acre, and multi-family is requested at ten (10) units per acre. Professional office use will occupy 1.70 +/- acres of the site, and will be located north of Brogden Drive, west of the commercial parcel. A ten (10) feet wide vegetative buffer is indicated adjacent to existing residential sites, adjacent to the west property boundary. The applicant has requested deviation in two (2) areas from accepted City Standard project development. Single family lots have been requested to have 7,500 square feet of lot area, and sixty (60) feet width as opposed to R-1-A requirement of 10,000 square feet of lot area, and one hundred (100) feet of lot width. The property is designated UD-8 (Undeveloped District 8) which permits single family development, multi-family development, highway commercial development that may extend to a point six hundred (600) feet west of US 27, and public and semi-public facilities. Multi-family development may be permitted to a maximum of twelve (12} units per acre. Existing zoning includes C-2 Highway Commercial, which extends from the north property boundary to a line approximately 1100 feet south of Brogden Drive: The remainder of the property to the south property line, which is also the City boundary, is designated R-1-A Urban Residential. According to research conducted by City Staff the property possessed the present zoning pattern prior to 1977; further research is being conducted to ascertain the exact year the current zoning designation was assigned. Adjacent land use patterns include commercial to the south, vacant property and commercial to the north, vacant property, industrial and commercial to the east, and residential development to the west. Planning Director Harker displayed a map of the area which showed that a very large portion of the property could potentially be used for commercial purposes if the applicant so desired. However, the applicant has attempted to put like land uses adjacent to ?ike land uses and has located the higher intensity uses nearer to U.S. Highway 27. There is only one area where anything that resembles a commercial use is located next to a single family area, this is north of Brogden Drive and is an area that is designated to be professional offices consisting of only approximately 1.75 acres, which is approximately 2% of the site. The applicant has indicated a ten (10} foot vegetative buffer between the professional office kite and the existing residential property, however staff has recommended the buffer be extended to twenty-five (25) feet. Based upon demonstrated consistency with adopted future land use. district criteria, historic zoning designation of the property, and consistency with existing development patterns of the area, Staff recommends approval of the P1anAed Unit Development subject to the conditions as outlined in Staffs memorandum to the Commission. • • At this time Chairman Smythe asked all those present who wished to speak in regard to this case be sworn in. Persons sworn in were: Donald Laird of 486 Carroll Street, Clermont, Florida. William Adamson of 2295 South Lakeshore Drive, Clermont, Florida. Loren Boudreau of 1550 Bloxam Avenue, Clermont, Florida. Irene Moore of 950 Brogden Drive, Clermont, Florida. Richard Bosserman of 125-A East Marks Street, Orlando, Florida Judy Adamson of 2295 South Lakeshore Drive, Clermont, Florida Anita Mangan of 2366 Ridge Avenue, Clermont, Florida Mike Mangan of 2366 Ridge Avenue, Clermont, Florida Donald Laird, resident, stated that he was concerned what size the homes would be. Mr. Harker stated that the lots would comply with the minimum 75 feet wide and 7,500 square feet and would also have to comply with the minimum size dwelling which is 1,000 square feet of living area. Mr. Harker noted that the property is presently zoned R-1-A which requires minimum :living area of 1,500 square feet, however this would not be applicable due to request for a Planned Unit Development. Mr. Laird stated that if the homes in this area were to be 1,000 square feet, it could affect the property values. of the homes in Lakeview Hills. Mr. William Adamson, resident of Lakeview Hills, stated. that he had the same concerns. Further stating he felt the size of the houses being proposed is inadequate and multi- family dwellings inside the City limits is also highly undesirable. Perhaps the request should be postponed until .further study could be done to insure the property values of the home owners are .protected. Cnairman Smythe explained that the zoning of :his property was done many years ago, prior to most of the residences that are row near .the subject site. Mr. Harker stated that Staff .has attempted to research when the zoning of this property went int~.o affect,- however at this time it can only be determined :that it was sometime prior to 1977. Mr. Harker further explained distinction between zoning district and future land use districts. At this tune Planning Director Harker agreed to address each of the issues of concern in the petition from the Lakeview Hills Homeowners Association dated December 2, 1995. Item #1 - Mr. Harker -noted that..the heavy traffic on Lakeshore Drive is not due to-City growth, but rather from developments .south on Lakeshore Drive which are in the County. Historically Brogden Drive, which has 80 feet of right-of--way, was built as a collector street. It is unfortunate that the County has- not taken the opportunity -to ¢buud some other means of u~~ess/egress between -Lakeshore Drive and U.S. 27. However, in • discussion with the County, we have been told that they are in the process of investigating various routes to try to make that connection. Much further discussion followed regarding the traffic problems on Lakeshore and Brogden Drive and the planned vehicular movement pattern in the proposed PUD. Item #2 - Mr. Harker stated that the size of homes would be addressed as requested by Mr. Laird. As far as number of single family residences per acre, that has been specified on the site plan at 4 units per acre. As far as no multi-family, that would be in direct conflict with what is permitted under the comprehensive plan. Denying the applicant the use is something you cannot do, however, the City Council can determine the number and the density. Item #3 - Mr. Harker stated that a brick wall between the subject site and Lakeview Hills would not be required, as you have like land uses abutting one another (residential abutting residential). However, if the residents desire to do so, they could ask City Council for a six foot wall to separate the small portion of professional office that would abut the residential area, north of Brogden Drive. As this is not required by Code, Staff will not recommend this, but would instead recommend a 25 foot vegetative buffer. Item #4 - Mr, Harker ,stated the developer will leave some of the existing trees, it is uncommon for a developer to clear cut a lot, as trees make the property more valuable. Site plan approval is also required for removal of trees. Item #5 - Mr. Harker noted that a portion of this property is zoned C-2, which would allow a convenience store to be built on this property if the owner so desired. Item #6 -Chairman Smythe stated that he felt it would not be feasible to not connect the frontage road to Brogden. Further discussion followed. Item #7 and Item #8 - Mr. Harker noted that wildlife, environmental .and drainage issues are all matters that will be addressed by the Site Review Committee and St. Johns River Water Management District. item .#9 - Mr. Harker again noted that Lake County is researching available right-of- ways to make access roads from I.akesliore Drive to U.S, 27. Item #10 - Mr. Harker noted that normally commercial u.~es do go at intersections. Ms. Irene Moore asked if it would be possible to construct the frontage road so that it would not connect with Brogden. . Mr. Harker noted that FDOT wcsuld have to approve all road cuts on U.S, 27. Mr. Rick Bosserman, trustee for the subject property, stated that this project has been in the planning stages for about a yeaz, with coordination between the project engineer and City Staff. At this time Mr. Bosserman addressed some of the concerns of the residents. • • Mr. Bosserman explained that he felt that most of the traffic from this project would utilize U.S. 27 and not Lakeshore Drive. Mr. Bosserman stated he would propose a right turn and left turn only at the intersections of the frontage road and Brogden, which would require all traffic to turn east to U.S. 27 rather than west towards Lakeshore Drive. Ms. Irene Moore asked Mr. Bosserman what he intended to put on the commercial lots that abut Brogden. Mr. Bosserman stated that he is not a commercial developer and he would simply sell the property. Member Darryl Bishop asked Mr. Bosserman his position on the minimum size houses to be built in the residential area. Mr. Bosserman then asked the residents of Lakeview Hills the size of homes in their subdivision. Irene Moore stated that the minimum is now 1,500 square feet which was revised a couple of years ago. - Mr. Harker stated that Staff researched the size of homes built in Lakeview Hills since 1990. The results showed that 19 out of the 50 homes built in Lakeview Hills since 1990 were under 1,500 square feet. Mrs. Adamson explained that the reason for the smaller homes was due to the fact that Lakeview Hills went bankrupt. Some of the lots were bought up by a developer/builder who ignored the Homeowners Association regulations. This needs to be taken into consideration; we would like to see 1,800 s.f. homes in this residential subdivision. Mr. Bosserman explained that this subdivision will not have a beautiful view of Lake Minnehaha, this property is more oriented to U.S. 27. Hence the residences that will be built on these lots will not have the same value as those in Lakeview Hills. Much further discussion followed regarding the value of the surrounding properties in Lakeview Hills. Mr. Bosserman proposed a compromise between the square footage requirements of R-1 and R-1-A, and agreed to 1,250 square feet of living area. Member Darryl Bishop stated that he felt the compromise Mr. Bosserman proposed is very fair and noted that he totally agrees with the concept of the frontage road. Further stating that he will give this project his support. Member Bill Rauch, noting that he will be abstaining from the vote due to a confl~t of interest as he is President of the Lakeview Hills Homeowners Association. Mr. Rauch noted that he too is deeply concerned with the traffic on Brogden and other things that are causing the area to deteriorate. • A motion was made by Marilyn MacLauchlin to recommend approval to the City Council as presented by staff with the additional requirements that traffic exiting the development onto Brogden will be required to turn east to U.S. 27 rather than west to Lakeshore Drive and that a condition be placed on the single family residential area setting a minimum of 1,250 square feet of living area, seconded by Wendell McDannel and approved by a unanimous vote, with Member Bill Rauch abstaining. 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Oceanfront Properties, Inc. LOCATION: Emerald Lakes Plaza -Southwest corner of S.R. 50 and 12th Street. REQUEST: A request for a Conditional Use Permit to amend Resolution No. 529 to allow the temporary operation of a Church in the C-2 General Commercial District. Mr. Harker stated that the applicant is requesting a Conditional Use Permit to convert a portion of the existing commercial building, located at the east end of the shopping center, to a temporary church. The location is planned as an interim site until the Clermont Christian Church gains the ability to secure a location for a permanent facility. Operation of the Church office will be the only function conducted during standard, weekly business hours. The formal, Sunday Church services will convene at a time when the majority of retail operations in the center are not operational, and therefore should not generate a parking conflict with existing merchants. The applicant has also requested and received permission from the adjacent property owner, People's State Bank, to utilize their parking area during formal Church service operation. Understanding that parking is at a premium in the center this is a notable consideration. Mr. Harker noted that Staff would recommend against any building conversion or modification that would enhance the permanent nature of a church use due to the existing location within the shopping center, and understanding the use is to be of a temporary nature. Based upon information provided that accommodation of the proposed use can be accomplished without. disruption of the existing shopping center operation, or adverse impact on adjacent properties would occur, staff recommends approval of the amendment to the existing Conditional Use Permit with the following conditions: 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and/or successors in title or interest. 2. Approval of this amendment shall be conditioned upon compliance with all previous conditions specified in Resolution 529. 3. The structure (unit) specified for the proposed- use may be used as a temporary Church facility only. No expansion of the use or additions to the facility shall be • • permitted except as approved by another Conditional Use Permit. 4. The structure (unit) is to be inspected by the Fire Marshall for life safety requirements, all requirements must be met prior to any certificate of occupancy being issued. 5. The structure (unit) is to be inspected by the Lake County Building Inspector and all building code violations must be corrected prior to a certificate of occupancy 6. Being tiesaeBertificate of Occupancy being issued for the proposed use, a lawful shared parking agreement between People's State Bank and the Shopping Center shall be secured and formally recorded. 7. The Conditional Use Permit for a temporary church facility shall be permitted for a period of two (2) years from the date of formal grant by the City Council. 8. This permit shall become null and void if the church use has not begun within one (1) year from the date of formal grant by the City Council. 9. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 10. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by Resolution. At this time Chairman Smythe asked all those present who wished to speak in regard to this case be sworn in. Persons sworn in were: Bill VanWagner of 10630 Dwights Road, Clermont, Florida Rick VanWagner of 805 Forrest Wood Drive, Clermont, Florida Scott Lathrop of 840 Grand Highway, Clermont, Florida Donald Beasley of 536 Magnolia Street, Groveland, Florida Bill VanWagner, elder of the church, noted that the correct name of the church is Clermont Community Church. Mr. VanWagner further stated that the chwch would like to also meet on Friday evenings at 7:30 p.m. and the church also occasionally has additional events such as revivals. Further discussion followed regarding adequate parking at the center. A motion was made by Bill Rauch to recommend approval -to the -City Council as presented by stafi7 seconded by Joseph Janusiak. " Discussion of the motion followed. • • The motion was amended by Bill Rauch to add a condition requiring any other occasional congregation functions will require approval of the City Manager and allowing Friday night services, seconded by Joseph Janusiak and approved by a unanimous vote. 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Randy Lund OWNER Victor L. Lund LOCATION: Parcel located on the north side of Minnehaha Avenue approximately 230 feet west of Bloxam Avenue. REQUEST: A request for a Conditional Use Permit to amend Resolution No. 868 to allow the perimeter wall to be constructed of a combination of stucco or brick and ornamental iron, to allow ingress/egress to the site for construction from Minnehaha Avenue via Bloxam Avenue, and to allow delivery and service traffic to utilize the dedicated alley south of State Road 50. Mr. Harker explained that the applicant is requesting an amendment to the previously approved Conditional Use Permit to accommodate the changes specified in the above delineated request. The .petition is in response to an engineering study and site evaluation that has occurred since formal approval of the original Conditional Use Permit. Essentially, investigation of ingress\egress from Magnolia Street for construction purposes and then ultimately delivery and service vehicle use cannot be accomplished due to the location of the specimen Oak trees that have been required to be retained. The physical location of the trees in and adjacent to the Magnolia Street right-of--way will not permit construction of the conceptually approved driveway system. In addition, the magnitude of the root systems currently radiating outward from the trees preclude necessary excavation required to install base material for the ingress/ egress drive. Certain serious injury and real potential for definitive destruction exists if the Magnolia Street ingress\egress were to be mandated. . Stormwater sheet flow restriction is the other factor that has necessitated amendment. Based upon site specific topographic information ot~tained, the full stucxo or brick wall initially required would act as a dam to the natural flow of surface water that moves from northeast to southwest across the site. Potential for footer undermining, scour and erosion, and site specific stormwater inundation are tangible concerns if total restriction of sheet flow is performed. ~"~Ir. Harker further stated that based upon relevant .information concerning physical characteristics of the site which demonstrate potential for adverse impact to development of tlae site and facility, staff will recommend approval of amendment of the Conditional Use Permit as follows: . • • 1. Condition seven (7), sentence two (2), is recommended to read; "A six (6) foot high perimeter wall shall be constructed around the property, which shall be a combination of stucco or brick and ornamental iron as approved by the City Site Review Committee." 2. Condition eleven (11), sentence two (2), is recommended to read; "Delivery and Service oriented traffic shall be required to utilize the dedicated alley which extends north to south from State Road 50. Improvements necessitated for the increased vehicular utilization shall be the responsibility of the permittee." 3. Condition fifteen (15) is recommended to read; "Ingress/egress to the site for machinery and trucks to accommodate construction of the facility shall be from Minnehaha Avenue via State Road 50 and Bloxam Avenue, only." Mr. Harker stated that it was brought to his attention that perhaps there should be designated hours for delivery (i.e. between 6:00 a.m. and 9:30 a.m.), which would be prior to the other business which abut this alley starting their business day. Another item of discussion was if this alley would be utilized by employees. After discussion with the project engineer, it was concluded that the driveway on the east side of the property could be relocated to the west, allowing a single lane of traffic from the front of the building to the rear, which would facilitate movement of the employees. This improvement would limit the use of the alley to only service deliveries. Mr. Harker therefore amended Staffs recommendation to include the use.of .the alley be limited to delivery and service vehicles only and that specific hours for delivery and service vehicles be limited to between 6:00 a.m. and 9:30 a.m. At this time Chairman Smythe asked all those present who wished to speak in regard to this case be sworn in. Persons sworn in were: Loren Boudreau of 1550 Bloxam Avenue, Clermont, Florida Wanda Coxe of 310 Crestview Drive, Clermont, Florida Harold Roberts of 1115 W. Ches"..nut Street, Clermont, Florida Werner Heinrich of 669 West Highway 50, Clermont, Florida Rick McCoy, Project Engineer, of 713 West Montrose Street, Clermont, Florida Werner Heinrich, property owner adjacent to the alley, noted that the alley has been in disrepair for several years, which has caused ponding water. Mr. Heinrich also expressed his concern regarding the safety hazard for the large trucks that .would be exiting onto State Road 50. Harold Roberts,.property owner adjacent to the alley, noted that he felt this world be a quality project that would be an :asset to Clermont. Also .expressed his concern to Planning Director Harker about the traffic exiting the alley, as the traffic on State Road 50 is very heavy, especially with the traffic light nearby at Bloxam Avenue which causes traffic to backup at times to Badcock Furniture. If the hours of delivery are restricted to the early morning hours there probably would not be as much a problem with the traffic pattern. Further discussion followed regarding the proposed traffic system and water retention issues. A motion was made by Darryl Bishop to recommend approval to the City Council as presented by staff, seconded by Bill Rauch and approved by a unanimous vote. There being no further business the meeting was adjourned. - ~ ~~~ Robert Smythe, Chai n - ATTEST: Mi Shaw Ogden, Planning T hnician