City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 2, 2005

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1 The meeting of the Planning & Zoning Commission was called to order Tuesday,, at 7:00 p.m. by Chairman David Pape. Members present were Sy Holzman, Carolyn Mathieson, Roger Pierce, David Outlaw, Maggie Miller and Elwood Treadwell. Peter Geigel and Henry Rhee were absent. Also in attendance were Jim Hitt, Planning Director, Curt Henschel Planner, Barbara Hollerand, Planner, Daniel Mantzaris, City Attorney and Jane McAllister, Planning and Zoning Clerk. of the Planning and Zoning Commission meeting held July 5, 2005 were approved as amended. REPORTS Planning Director Jim Hitt noted that the workshop originally scheduled to take place at 6:00 p.m. this evening had to be cancelled because Lake County had not provided the maps of the JPA. Mr. Hitt said that as soon as he has received all the information and maps from Lake County he will schedule the workshop. Planning Director Jim Hitt also mention that there was a meeting on August 1, 2005, regarding changes to the Lake County Comprehensive Plan. He said there was a good turn out and mentioned that several Planning & Zoning Commissioners had attended. Commissioner Holzman made mention of an article that appeared in the Sunday, July 31, 2005 edition of the Orlando Sentinel in the Inside section. It was about the growth in central Florida. 1. REQUEST FOR A CONDITIONAL USE PERMIT OWNER/APPLICANT: Jeffrey and Chelsea Nevius. REQUEST: To allow for the operation of a Professional Office in the R-3-A zoning district. LOCATION: 1236 S. Grand Highway EXISTING LAND USE: Hair Salon and single family residence. FUTURE LAND USE DISTRICT: Un-Established District -5 (UD-5) FUTURE LAND USE CLASSIFICATION: Residential/Professional District. 1

2 Page 2 Planner Curt Henschel introduced this request by saying that the applicant intends to establish a professional office in the R-3-A zoning district. A prior owner of the subject parcel obtained a Conditional Use Permit in 1998 (Resolution No. 1043) to operate a hair salon and a residential dwelling unit with a common parking area. There are two buildings on site, one was to operate as a hair salon, and the other was to remain a single family residential structure. In 1999 a site plan was prepared and executed to construct a parking lot behind the buildings. A total of nine parking spaces were provided, five parking spaces are paved, and four are grass spaces. The applicant intends to fix up the site cosmetically, but does not intend to alter the existing parking or enlarge the existing buildings. Staff recommends approval of the request. Chairman Pape asked if the applicant was present. Jeffrey Nevius, Pine Cone Trail, Clermont, FL said he would be available to answer questions. Chairman Pape asked if there was anyone in the public who wished to speak about this request. There was no one. Commissioner Pierce asked if the building to be used for the business had handicap access. Mr. Nevius said that it does have handicap access from the parking area in the rear. Commissioner Outlaw mentioned that the grass parking area needs to be improved. Mr. Nevius stated that he intends to improve that area. Commissioner Holzman moved to approve the request; seconded by Commissioner Outlaw. The vote was unanimous for approval. 2. REQUEST FOR REZONING OWNER: Robert K. Seidle APPLICANT: Leonard Baird, Jr. 2

3 Page 3 - REQUEST: To rezone /-acre from UE Urban Estate to C-1 Light Commercial zoning. EXISTING ZONING: Urban Estate (UE). SIZE OF PARCEL: +/ acres GENERAL LOCATION: South of Highway 50, on the west side of the unimproved right-of-way of Citrus Tower Blvd. EXISTING LAND USE: Two single family residences. Planner Curt Henschel introduced this request by saying that this parcel will have road frontage on Citrus Tower Boulevard south of Highway 50. Early stages of construction have begun on this section of right-of-way. This section of Citrus Tower Boulevard will have a mixture of professional offices, retail, and single family projects along its path. The applicant is requesting a light commercial zoning (C-1) that is consistent with the future land use proposed for this area. Staff believes this area is appropriate for professional office and retail uses and recommends approval of the request. Chairman Pape asked if the applicant was present. Leonard Baird, 635 W. Highway 50, Clermont, FL asked for approval of the request. Chairman Pape asked if there was anyone in the public who wished to address this issue. There was no one. Commissioner Holzman expressed concern about the alignment of Citrus Tower Boulevard. Curt Henschel explained that the correction in the alignment will be made at the northeast corner of Citrus Tower Boulevard and Highway 50. Commissioner Mathieson added that the design for the intersection has been completed, but during construction they encountered turtles on the property and had to stop in order to relocate the turtles. Commissioner Pierce asked if the two lots that are between those to the north that are already in the City and the ones asking to be annexed are in the City. Curt Henschel said that the lots in question were not in the city at this time. 3

4 Page 4 Chairman Pape expressed concern that there might be additional right-of-way needed from the owner of this property. Mr. Baird assured those present that the property owner has already dedicated all the land that Lake County needs for the construction of Citrus Tower Boulevard. Commissioner Pierce moved to approve the request; seconded by Commissioner Mathieson. The vote was unanimous in favor of the request. 3. REQUEST FOR REZONING APPLICANT: Keith Hogan OWNERS: Robert Thompson, Susan Thompson, Robert Keith Hogan, Sarah L. Hogan, Jerome E. Kocielko and Bonita Kocielko. REQUEST: To rezone the subject property from UE Urban Estate to R-1 Residential. LOCATION: South of Old Highway 50 (C.R.50), North of Summit Greens, East of Black Still Road and West of Greater Hills subdivision. SIZE OF PARCEL: /- acres. EXISTING LAND USE: Vacant. FUTURE LAND USE DESIGNATION: Lake County Urban Expansion EXISTING ZONING: UE-Urban Estate. Planner Barbara Hollerand introduced this request by saying that the property owner was before the Council December 14, 2004 for a Joint Planning Area review of a rezoning request from Agricultural to R-3, which allows 3 homes/acre. At that time, the applicant s attorney noted that the site has only about usable acres, and that no more than homes were planned. The Council unanimously recommended the County approve the rezoning request, and the County did rezone to R-3 on Dec. 21, The applicant now expects to develop homes on the usable acres, a density not greater than 2.5 homes/acre. 4

5 Page 5 The property is appropriately located for this use. Access to the development would be from Old Highway 50 (C.R.50) to the North. To the East is the built-out single-family subdivision Greater Hills. To the South is Summit Greens, also build out. To the North will be the single-family development Verde Ridge, and to the west is an active citrus grove. A large-scale comprehensive plan amendment to include this property in the City s Undeveloped District 5 (UD-5) future land use district will be processed with the first-cycle amendments for Staff recommends approval of this request for rezoning. Chairman Pape asked if the applicant was present. Keith Hogan, Triple E Road, Ferndale, FL said there are 12 usable acres on the property. He there is a preliminary layout of 25 lots. He stated he would answer any questions. Chairman Pape asked if there was anyone in the public who wished to address this request. David Black, Old Highway 50, Clermont, FL stated that this property has been in his family for 100 years. He said he is not opposed to the development at all but asked for a 50 foot wide buffer between the homes and his land where he grazes his cattle. Mario Ferrari, 2856 Highland View Circle, Clermont, FL said there are old trees on the property and he would like to see them remain. He asked where the houses were going to be positioned on the land. Keith Hogan showed a preliminary plot plan of the houses and stated that they would try to save as many trees as possible. He said the lots would be approximately 100 x 150 feet and that they are not maximizing the number of lots. He said there will be plenty of space between the homes. Al Mennella, 1059 Mesa Verde, Clermont, FL said the property in question was wetlands and wanted to know if an environmental study has been done. John Sera, 2864 Highland View Circle Clermont, FL said that there are eagles nesting on the property. He also said there are foxes, coyotes and other animals that live on this property. 5

6 Page 6 Stanley Pine, 2880 Highland View Circle, Clermont, FL said that he is bothered by the fact that all the green areas in Clermont are disappearing. He is particularly interested in seeing that the large trees on the property in question are allowed to remain and he expressed concern for the wildlife on the property as well. He asked to Commission to recommend that these things not be disturbed. Mr. Pine wanted to know the cost of bringing water and sewer to this property and who was going to pay for it. Mr. Pine was told that usually it was the developer who pays the cost of bringing water and sewer lines to a development. Chairman Pape acknowledged the concerns of Mr. Pine and explained that the Planning and Zoning Commission only renders an opinion to the City Council as to whether the request meets the zoning requirements of the City. He suggested that Mr. Pine express his concerns to the City Council. Commissioner Treadwell wanted to know if there were any controls in place to require saving trees of a particular size. Chairman Pape asked Mr. Hogan if a tree audit has been done on the property yet. Mr. Hogan replied that it had not been done. Curt Henschel explained that the City will be asking for a tree survey and requiring replacement for trees over a certain diameter. Mr. Hogan stated that trees add to the worth of the property and that they were expensive to replace so they will attempt to save as many as possible. Commissioner Pierce mentioned that the land slopes toward the lake and asked that staff encourage the developer to go with the lay of the land as much as possible. Commissioner Pierce moved to approve the request; seconded by Commissioner Treadwell. The vote was unanimous for approval of the request. 4. REQUEST FOR REZONING OWNER: KB Home Orlando, LLC 6

7 Page 7 APPLICANT: KB Home (Dan Green, Senior Vice President) REQUESTED ACTION: To rezone acres from UE Urban Estate to R-1 Residential zoning. EXISTING ZONING: UE, Urban Estate. SIZE OF PARCEL: +/ Acres. GENERAL LOCATION: South side of Hartwood Marsh Road, east of Hancock Road and east of Southern Fields Phase I. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Lake County Urban Expansion. Planner Barbara Hollerand introduced this request by saying that the former property owner had prior approval in the County to develop Southern Fields Phase II as a 125 home phase of the 366-home Southern Fields subdivision. Phase II has a density of 3.2 homes per acre. The property was zoned R-3 at the time of approval. Two other phases of Southern Fields also had prior approval in the County to develop at R-3 standards. Phase I, which was annexed and rezoned R-1 in 2004, had approval for 139 homes on 49 acres. Phase III, the subject of another pending annexation under separate ownership, has approval in the County for 102 homes on 33 acres. Overall, the acreage, total homes and density on all phases of Southern Fields will be 366 homes on 121 acres at 3.02 homes/acre. The former owner entered into a water and wastewater service agreement with the City in 2003, with the condition that future phases would be annexed prior to the issuance of the first zoning clearance for each phase. Densities for Phase II would remain at 3.2 homes/acre in the City. A large-scale comprehensive plan amendment to include this property in the City s Undeveloped District -7 (UD-7) future land use district will be processed with the first-cycle amendments for Staff recommends approval of the request for rezoning. Chairman Pape asked if the applicant was present. 7

8 Page 8 Randy Woodruff, 4750 Newbroad Street, Orlando, FL said he would answer any questions. Chairman Pape asked if there was anyone in the public who wished to address this request. There was no one. Commissioner Holzman moved to approve the request; seconded by Commissioner Miller. The vote was 6-1 in favor of approval with Chairman Pape voting nay. 5. REQUEST FOR REZONING OWNER & APPLICANT: Levitt & Sons REQUESTED ACTION: To rezone acres from UE Urban Estate to R-1 Residential zoning. EXISTING ZONING: UE, Urban Estate. SIZE OF PARCEL: acres. GENERAL LOCATION: South side of Hartwood Marsh Road, east of Hancock Road and east of Southern Fields. EXISTING LAND USE: Vacant, but developing as single-family residential. FUTURE LAND USE DISTRICT: Lake County Urban Expansion. Planner Barbara Hollerand introduced this request by saying that the applicant had prior approval in the County to develop as a single-family 325-home subdivision, a density of 2.03 homes/acre. The applicant has already processed 33 permits through the County, and seven model homes have been issued certificates of occupancy. The property was zoned R-4 at the time of approval. The property owner entered into a water and wastewater service agreement with the City on February 24, 2004, with the condition that the City could annex the property if it choses to do so. Densities would remain at 2.03 homes/acre in the City. The property is bounded by Southern Fields single-family residential on the west and vacant land on the north, south and east. Access will be from Hartwood Marsh Road, an urban collector. 8

9 Page 9 A large-scale comprehensive plan amendment to include this property in the City s Undeveloped District 7 (UD-7) future land use district will be processed with the first-cycle amendments for Staff recommends approval of this request for rezoning. Chairman Pape asked if the applicant was present. Allison Turnbull, with Akerman, Senterfitt, 255 S. Orange Ave, Orlando, FL said she would answer questions. Chairman Pape asked if there was anyone in the public who wished to address this request. There was no one. Commissioner Outlaw asked if people buying property in this subdivision are aware that it is being annexed into the City and that they will have to pay city taxes as well. Allison Turnbull said it is revealed to the buyer and is spelled out in the paperwork as well. Commissioner Miller asked about the ingress and egress from the property and if there will be shared streets with Southern Fields to the west. She expressed continuing concern for the residents of Regency Hills who should have two points of egress and still have only one. Ms. Turnbull showed a plot plan of the subdivision which clearly indicates two mean of ingress and egress off of Hartwood Marsh Road. She added that there will be no shared streets with Southern Fields. Commissioner Mathieson moved to approve the request; seconded by Commissioner Outlaw. The vote was 5-2 for approval with Commissioners Holzman and Pierce voting nay. DISCUSSION OF NON-AGENDA ITEMS Jeff Harris, 937 W. Minneola Avenue, Clermont, FL asked when the beach at Waterfront Park will be reopened to the public for swimming. He said he swam there as a child and doesn t understand why he can t now. 9

10 Page 10 Planner Curt Henschel explained that there are tests done on the water on regular intervals, and that if you can not see to a certain depth swimmers may not use the beach. It is a safety issue. Chairman Pape suggested that Mr. Harris come back next Tuesday and address the City Council. Commissioner Miller asked if the Conditional Use Permit for Bingo at the Elks Club had run out of time, and asked for Curt Henschel to check on it. There being no further business the meeting was adjourned. ATTEST: David Pape, Chairman Jane C. McAllister Planning Technician II 10