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09-02-2008 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION September 2, 2008 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday September 2, 2008 at 7:00 p.m. by Chairman David Pape. Members present were Bill Banzhaf, Bernadette Dubuss, Nick Jones, David Outlaw, Cuqui Whitehead and Judy Proli. Also in attendance were Jim Hitt, Planning Director, Barbara Hollerand, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held August 5, 2008 were approved as written. REPORTS There were no reports. 1. REQUEST FOR A SMALL SCALE COMP PLAN OWNER: Charter School Fund I, LLC & Ladd Development, Inc. APPLICANT: Richey & Cooney; Steven J. Richey PROJECT NAME: Imagine Schools (South Lake Charter) REQUESTED ACTION: Request to change the future land use from County Rural to Undeveloped District 7 (UD-7) Public Facilities Institutional. LOCATION: North of Hartwood Marsh Rd., east of Hancock Rd. (15220 Hartwood Marsh Rd.) EXISTING LAND USE: South Lake Charter School FUTURE LAND USE: Lake County: Rural EXISTING ZONING: Lake County: CFD and R-4 (Medium Suburban Residential); Clermont: UE, Urban Estate Low Density Residential District upon annexation City planner Barbara Hollerand stated that the request is to change the Future Land Use on the approximately 10-acre property from County Rural to Undeveloped District 7 (UD-7) Public Facilities/ Institutional. She stated that the applicant has petitioned for annexation, which will be heard by the City Council later this month. Ms. Hollerand stated that the existing land use is an elementary school and about an acre of vacant land. Currently, it has a County zoning of Community Facility District (CFD) and R-4. She stated that upon annexation, the zoning becomes Urban Estate in the City and no rezoning is required for a school use. She stated that the lands to the north and east are in the County with Rural future land use and R-4 zoning, and lands to the south and west are in the City with UD-7 Residential and R-1 zoning. She stated that Hartwood Pines subdivision is to the west. Ms. Hollerand stated that this project came before the City Council for water and wastewater service agreement in 2004, which covered a charter school of three buildings for 700 students, grades kindergarten through 5`h. She stated that the school opened in 2005. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 2, 2008 Page 2 Ms. Hollerand stated that at this time, the charter company, Imagine Schools, is seeking to expand the site by one acre and to annex into the City. Ms. Hollerand stated that once a property is annexed, the City must assign a City future land use and update its Future Land Use Map through the comprehensive plan amendment process. She said that this property qualifies for the small-scale comprehensive plan amendment process and will not be reviewed by the Florida Department of Community Affairs or the reviewing agencies. She stated that it will be fina131 days after adoption. No text changes to the comprehensive plan are necessary for this property. Ms. Hollerand stated that tonight the Commission will also hear a request for the Conditional Use Permit for the site. She stated that the developers are preparing plans for the expansion and modification of the site, which will include expansion of the school from a K-5 facility to a K-8, with a maximum enrollment of 1,050 students. She stated that additionally, the charter company is planning to add adult education programs such as computer and craft classes. Ms. Hollerand stated that the existing school and its one-acre addition are within the City's Joint Planning Area and are already served by City water and sewer. She stated that the assignment of a Public Facilities/ Institutional future land use within the Undeveloped District 7 (UD-7) district is appropriate upon annexation of this property. Ms. Hollerand stated that staff recommends approval of the Future Land Use Map change. Chairman Pape requested for the presentation of the conditional use permit before any discussion of this item. 2. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Charter School Fund I, LLC & Ladd Development, Inc. APPLICANT: Richey & Cooney; Steven J. Richey PROJECT NAME: Imagine Schools (South Lake Charter) REQUESTED ACTION: Request for a CUP to allow a charter school facility in an UE Urban Estate Low Density Residential District LOCATION: North of Hartwood Marsh Rd., east of Hancock Rd. (15220 Hartwood Marsh Rd.) EXISTING LAND USE: South Lake Charter School FUTURE LAND USE DISTRICT: Undeveloped District 7 (UD-7) -upon annexation FUTURE LAND USE CLASSIFICATION: Lake County: Rural Clermont: Public Facilities/Institutional (Land Use Amendment applied for with annexation) EXISTING ZONING: Lake County: CFD and R-4 (Medium Suburban Residential); City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 2, 2008 Page 3 Clermont: UE, Urban Estate Low Density Residential District upon annexation Planning director Jim Hitt stated that the applicant is requesting a Conditional Use Permit to allow a charter school facility within an R-1 Single Family Medium Density Residential District. He stated that public or semipublic facilities are designated as a conditional use within the UE Urban Estate Low Density Residential District. Mr. Hitt stated that the applicant operates an existing elementary charter school for 607 students (K-5), and is proposing to expand the buildings for a maximum 1,050 students (K-8). He stated that the student hours are 8:30 a.m. to 3:00 p.m. He stated that the drop off begins at 7:00 a.m to 8:30 a.m., and pick-up between 2:30 to 3:15 p.m. He stated that the school operations end completely by 6:00 p.m. Mr. Hitt stated that a transportation study will be required to account for the additional trips that will result due to the expansion. He stated that any required proportionate fair share payments from the results will be paid for road improvements. Mr. Hitt stated that changes proposed for the site include the following: - Anew two-story addition in front adding 16 classrooms - Widening sidewalks internally to 8 feet - Bus drop-off loop and parking changes. - Underground stormwater treatment system Mr. Hitt stated that staff recommends approval of the request for a CUP to allow a charter school facility in the UE Zoning District, with those conditions listed. Steve Richey, Leesburg, stated that the site plan that was presented is the site plan they are proposing. He stated that the site plan was done by Chancellor Beacon which was the predecessor and previous owner. He stated his client bought the site after it was developed and became aware of concerns with neighbors with regard to some buffering. He stated there has been an issue with the dumpsters. He stated that he went to the county to try to move the dumpsters but they advised him that he could not move the dumpster. He stated that the county also told him he could not put up a fence; however, he advised the clients to go ahead and put up the fence and they will move the dumpsters when the property is annexed into Clermont. Christian Cascone, 904 Jan-Mar Court, Ste. 1, Minneola, stated that they currently have 11 schools in the state and are looking to add 8 or 9 nine more in the next two years. He stated that the South Lake School is one that has been around the longest and is very successful. He stated that Imagine Schools is anon-profit school. He stated they currently have 700 students enrolled and they have a waiting list of over 100 students. He stated that this is a demand from the community. He stated that it is already served by the city and there are a lot of families in the City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 2, 2008 Page 4 City involved in the school. He stated that the Ladds offered them more land. He stated that the expansion will enable the campus to be more successful and accommodate more students. He stated they are building another campus just down the road because they do not like for their campuses to get more than 800 to 850 students. He stated that the underground retention would allow them to fix the playfield area. He stated that the retention area is problematic for the students the way it is now. David Tom, 2651 W. Eau Gallie Blvd. Melbourne, showed the drop off/pick up area for the parents and the busses. He stated that have put in a white PVC fence to help screen the area and for security. He stated that the landscaping that is proposed will exceed the City code. He stated that the pine trees will stay as is. He stated the irrigation system will be replaced. Mr. Richey stated that because they are looking to annex into the City of Clermont they will be following the city codes even though they don't have to according to the state codes for schools. Sans Lassiter, 123 Live Oak Ave., Daytona Beach, stated that there are three types of traffic studies that will be done for the school. He stated the first one is already done which is the trip study. He stated the next one that will be done will be for the comp plan amendment which is done to different standards than the final study that will be completed for the concurrency and proportionate fair share determination. Kimberly Day, 2646 Hartwood Pines, stated they have had issues with the school but want to make sure they are a good neighbor to them and that the school is a good neighbor to them. She stated that when the school first came there, they came to the community and stated that it would only be 1St through 5th grade. She stated they have had issues but some of the issues have been resolved. She asked if this will be a phase of the growth and will they be coming back year after year to expand. She stated the other issue is the traffic. She asked if this would move on to become a high school and have the students driving to the school. Mr. Richey stated that 1050 is the maximum enrollment. He stated that because they are building a school in Minneola the actual enrollment should be the 800 range. He stated the charter allows 1050 that is why they have stated 1050. He stated that to go beyond Stn grade would require them to go back through a charter process and the CUP process again. He stated that as the school expands and adds students, they have to meet concurrency. If they don't meet concurrency, then they don't expand. He stated that they do not want to put an investment into the school and not meet concurrency. He stated there will not be expansion of the school past K- 8 because there is no room for them to do that. Chairman Pape asked if they would be willing to limit themselves in writing to 850 students. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 2, 2008 Page 5 Mr. Cascone stated that they are limited contractually by Lake County Schools to 1050 students, so that would be the only limit Imagine Schools would agree to. He stated that when they reach the 800 - 850 range they look to build a new school. Mr. Richey stated that the charter allows 1050 students so they are trying to coincide with the contract with the school board. He stated that if they get to that capacity they will be building another school. He stated that traffic wise, if they meet capacity of 1050 students, then it is dependent on them putting in their fair share and having the traffic capacity. Mr. Lassiter stated that the analysis under the current conditions shows they generate 477 am peak hour trips and 97 pm peak hour trips on the adjacent street. He stated that when they let out, they generate 235 pm peak hour trips existing. He stated that when they extrapolated that to the future conditions to up to 1050 students, the numbers change to 825 am peak hour, 168 during the traditional pm peak hour and 405 during the pm peak hour of the school which is when the school lets out. He stated that if they can't afford the traffic improvements then they could look at a lesser number as a cap. Mr. Richey stated that they are willing to put in writing that they will not put a high school at that location. Annette Siniawski, 2634 Hartwood Pines, stated that one of the problems they have is the noise. She stated that it is not as bad now as it will be with twice as many cars and busses. She stated that the neighbors abutting the school property will be looking at buses. She stated they have had problems with parents dropping their kids off in front of their houses instead of going through the loop for the school drop off. She wanted to know if there could bean 8 foot concrete wall after it is annexed into the city between the neighborhood and the school to buffer some of the noise. She stated that busses are parked there all the time. She stated she appreciates the movement of the dumpsters. Mr. Hitt stated that recommendations from the Planning and Zoning Board can be made to the Council through the minutes. Ms. Siniawski stated the school rents out to churches and other activities. She asked if after they annex into the city, they will not be allowed to rent out their facilities for other activities. She stated they are anon-profit school, but they still rent out their facilities. City attorney Dan Mantzaris stated that the conditional use permit the Commission is considering states on section 2 under land use that the property will be approved as a charter school facility for a maximum of 1050 students K-8 as well as uses permitted with the UE zoning district. He stated that currently it would be approved for a charter school facility and that at this time; they would not be able to determine what the other activities are. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 2, 2008 Page 6 Mr. Richey stated that they allow their school to be utilized for public purposes just as other schools are used for public purposes. He stated they are being solicited by the boys and girls club to have a branch in South Lake County operating out of their school. He stated that it is not inconsistent with what they do now and that would be some of the uses that would be there. He stated that the volume of people that use the facilities for those uses is not equal to the volume during the day time. David Harrison, 10709 Siena Drive, stated that his child goes to the charter school now. He stated that he was surprised the charter was increased to 1050. He stated that in the morning the traffic stacks from the light at Hancock Road and extends to the fire station and sometimes to Publix. He stated the school traffic study was done on the day after Memorial Day. He thought that would be significant because a lot of people take vacations on holiday weeks. He stated that as he recalls, the traffic was significantly reduced that day. He stated that normally he waits 10 minutes in the traffic, but that day he drove right through. He is concerned the traffic study does not accurately reflect the traffic on Hartwood Marsh Road. Mr. Lassiter stated that the traffic study done on that day was for the students going to the school. Heather Bruce stated that she is an employee of the school and her child is a student of Imagine Schools. She stated that she is overwhelmed with the number of students in a classroom in public schools. She stated this is an alternative for their children. She stated the main concern is the children not noise, or how long it takes to get through the traffic. Leonard Siniawski, 2634 Hartwood Pines, stated that in the past four years since the school has been there, the area has been anything but feasible for retirement. He stated that there is a PA system that comes on at 7:30 - 8:00. He stated he hears the PA system all day. He asked why the PA system has to be so loud. He stated there is a lot of noise from the busses. He stated the fence that is there now will not buffer the noise. He stated he is hoping they can alleviate the noise. Board member Whitehead asked if there was going to be a landscape buffer in the area where the fence is that can help eliminate noise. She stated there should be some way they can lower the PA system. Mr. Mantzaris stated that in many conditional use permits there is a condition that if noise does becomes a nuisance to the surrounding properties they can be brought back before the Council. Mr. Richey stated that they will meet the code with the landscaping. He stated that if noise is an issue then they need to address it. He stated that directing the PA system internally to the site is something that they can do. Board member Outlaw asked what the county's last count was outside of the traffic study. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 2, 2008 Page 7 Mr. Lassiter stated that they have not done that part of the traffic study. Board member Outlaw asked how long it has been since a study of the traffic lights has been done from Highway 27 and down Hartwood Marsh Road. Mr. Hitt stated that it has been brought up at the MPO about the timing of the light, and there have been minor adjustments to the light. He stated that Hartwood Marsh Road probably would not be widened anytime soon. Mr. Richey stated that he believes in the five year plan, Hartwood Marsh Road would be widened past the school but not all the way through to Orange County. Board member Outlaw asked if they utilize off duty police when there is heavy traffic. Mr. Richey stated that they do utilize the off duty police. Board member Proli asked that when they mentioned the road being at 90% capacity, does that include having the 1050 students. Mr. Hitt stated that the counts are based on the current level of traffic now. Board member Proli asked if they changed the zoning would it change the zoning for the vacant land around that piece of property. Mr. Hitt stated that the city is not changing the zoning. He stated that when it is annexed into the city it will be according to the comprehensive plan and land development code, and it will be zoned Urban Estate, which is the lowest density the city has. Board member Jones asked if the houses were developed prior to the school being there and how long has the school been there. Mr. Hitt stated that the houses were there before the school and the school has been there for about four years. Board member Jones asked if the city has had complaints against the school. Mr. Hitt stated that the noise from the PA system and the busses has been an issue. He stated there have also been complaints about the dumpsters. Board member Dubuss stated that she hopes that the residents' concerns are addressed. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 2, 2008 Page 8 Board member Outlaw asked what the current use of the school is outside of school hours for the community. Christine Watson, 12555 Crown Point, stated that on Sundays it is used for Crossings Church. She stated they have a small congregation and they pay a facilities use fee. She stated the Boy's and Girl's Scouts use the school as do some homeowner association meetings from some neighborhoods in the area. She stated they are eager to propel this partnership for a boy's and girl's club for South Lake County. She stated there is a need for after school programming for students in fourth to eighth grade that are latchkey students. Board member Pape asked what the time schedule would be for the after school program. She stated that it would finish at 6:00 pm. Board member Pape asked how many students that might entail. She stated that they are targeting 100 students who would receive scholarships to attend this after school program. Commissioner Banzhaf moved to approve the request for the Small Scale Comp Plan, seconded by Commissioner Whitehead. The vote was unanimous to recommend for approval to Ciry Council. Commissioner Whitehead moved to approve the request for the Conditional Use Permit, seconded by Commissioner Dubuss. The vote was unanimous to recommend for approval to City Council. 3. REQUEST FOR REZONING Ord. No. 600-M Rezoning OWNER: DeWitt Enterprises Inc. APPLICANT: Cecelia Bonifay, Akerman Senterfitt, P.A. REQUEST: Rezone 19.17 acres from Urban Estate to C-2 LOCATION: South of S.R. 50, north of Hooks Street, west of Citrus Tower Boulevard, east of Oakley Seaver Drive EXISTING LAND USE: Vacant FUTURE LAND USE DESIGNATION: Lake County Urban City planner Barbara Hollerand stated that this rezoning request is being heard in conjunction with an annexation request. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 2, 2008 Page 9 Ms. Hollerand stated that the subject property, which is comprised of three tracts of vacant land, is contiguous to the City on its northern and western sides. She stated that to the north of the property is office and residential uses; to the south, east and west is vacant land. Ms. Hollerand stated that a commercial project is planned for the site. Prior to development, the proposed project will be required to go through the site review process with City staff. Ms. Hollerand stated that the site is well served by the transportation network. She stated that Hooks Street is to the south, Citrus Tower Boulevard is adjacent to the property's east side and Oakley Seaver Drive runs along the west side. She stated that Sandy Grove Avenue, an east/west road through the Sandhill Commons development, will also connect to the property at its northwest corner. Ms. Hollerand stated that the Lake County future land use of Urban is sufficient to develop the parcel as a commercial property. She stated that the owner is required to apply for a comprehensive plan amendment during the City's next amendment cycle to assign a City future land use. Ms. Hollerand stated that this location is appropriate for commercial development and the Lake County future land use of Urban is sufficient to develop the property as commercial. Ms. Hollerand stated that staff recommends approval of the rezoning request. Chris Roper, 131 Main Street, Tavares, stated that the property is located in an emerging office and retail complex. He stated that the request comes as a result of the construction activity that is taking place in this area. He stated that high gas prices are encouraging people to shop closer to their residences. He stated that the property is currently in the county and they are looking to annex the property into the city. He stated that adding the property to the city will add to the city's tax roll. He stated they will be coming back later for conditional use permit to seek retail for over 20,000 square feet. He stated that they are seeking C-2 zoning for this property which is consistent with development in this area. He stated that access to the property is not a problem because there are four roads that abut the property. Board member Banzhaf stated that he is for the project. Board member Jones asked if there would be any consideration to multifamily in that area. He was concerned with the amount of commercial the city already has with empty stores. Board member Proli asked what specific commercial the developer had in mind. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 2, 2008 Page 10 Mr. Roper stated that the property owner has had discussion with potential tenants one being a grocery store. He stated at this time they are just looking to see if non-residential would be compatible at this location. Board member Proli asked if he was looking for light commercial. Mr. Roper stated that they are looking at a maximum of 160,000 square feet that would be a typical neighborhood grocery store and light commercial. Board member Outlaw asked how much excavation has been done on the property. Ted Dewitt, 10701 Lake Louisa Rd., stated that the excavation was done when they extended Oakley Seaver Drive and Hooks Street. He stated they had rights-of--way to be graded. He stated that the existing property was cut outside of the rights-of--ways and the cuts are no more than 10 feet. Commissioner Whitehead moved to approve the request, seconded by Commissioner Banzhaf. The vote was unanimous to recommend for approval to City Council. 4. REQUEST FOR CONDITIONAL USE PERMIT DEVELOPMENT NAME: Woodwinds Condos APPLICANT: Jason Stringfellow REQUESTED ACTION: A Conditional Use Permit for a Planned Unit Development. The owner is proposing to develop a 108 unit condominium facility. EXISTING ZONING: R-3 (Residential/ Professional District) SIZE OF PARCEL: 10 acres GENERAL LOCATION: East side of Grand Hwy. '/4 mile south of Citrus Tower Blvd. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District - (UD-5) FUTURE LAND USE CLA SSIFICATION: Residential Planning Director Jim Hitt stated that the request is to allow amulti-family residential Planned Unit Development at a density of 10.8 units/ acre. He stated that the applicant is proposing to build up to 108 upscale multi-story condos, including some with basement garages. Mr. Hitt stated that this Conditional Use Permit (resolution # 1475) was previously approved in June 2006. He stated that because of market conditions, and because the developer did not start construction within two years, the CUP was rendered void. He stated that the owner is now ready to move forward with the project. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 2, 2008 Page 11 Mr. Hitt stated that by establishing a Planned Unit Development within the UD-5 future land use district, the developer is able to request a maximum density of 12 units per acre. He stated that with the heavily sloped parcel the applicant is proposing to construct 9 residential buildings yielding a 10.8 unit acre maximum density. He stated that the proposed buildings will be terraced to accommodate the topography of the parcel. Mr. Hitt stated that there are two variances associated with the proposed project: 1) Parking stall size (9 X 18 within garage area) 2) Building height to exceed 45 feet. Mr. Hitt stated that given the density of the surrounding neighborhoods, to the south (North Ridge) and to the east (the Gardens Apartments.), staff is not opposed to the approval of the conditional use permit with the following conditions. Jason Stringfellow, 1455 W. Lakeshore Dr., stated the height variance will go from 45 feet to 49.1 feet. He said that regarding the parking variance, the exterior parking spaces will meet city code. He stated that only the parking space under the building and inside the basement area will be smaller. Board member Proli asked about handicap parking. Arthur Nix, 17550 County Rd. 455, Mont Verde, stated that the handicap spaces will be closest to the building. He stated they will meet code. Board member Whitehead stated she did not like the height. Commissioner Banzhaf moved to approve the request, seconded by Commissioner Whitehead. The vote was unanimous to recommend for approval to City Council. There being no further business, the meeting was adjourned at 8:44. David 'rma ATTEST: ,' Rae Chid ow -Administrative Assistant