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02-07-2012 Regular Meeting City of Clermont MINUTES PLANNING AND ZONING COMMISSION FEBRUARY 7, 2012 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday February 7, 2012 at 7:00 p.m. by Chair Cuqui Whitehead. Other members present were Robert Boyatt, Bernadette Dubuss, William Henning, Nick Jones, Raymond Loyko and Judy Proli. Also in attendance were Curt Henschel, City Planner, Jim Hitt, Planning and Zoning Director, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held January 3, 2012 were approved as written. REPORTS There were no reports. 1. REQUEST FOR CONDITIONAL USE PERMIT REQUEST: Request a Conditional Use Permit to allow a house of worship and a school for kids 4 to 18 years of age within a C -2 General Commercial Zoning District PROJECT NAME: Kingdom Preparatory Academy OWNER/APPLICANT: Khalilah Ayana Cole LOCATION: 155 North Hwy. 27 / directly east of the Citrus Tower PARCEL SIZE: 1.5 acres +/- FUTURE LAND USE: Commercial EXISTING LAND USE: Institutional EXISTING ZONING: C -2, General Commercial District City planner Curt Henschel stated that the applicant is requesting a conditional use permit (CUP) for a house of worship and school to be located within the C -2 general commercial zoning district. He stated that this current location has been approved and utilized as a house of worship / church several times before, but the last Conditional Use permit has expired. The church (approx. 4000 s.f.) will operate on Sundays and Wednesday evenings (7:00 — 8:30) for bible study. He stated that the proposed school will target kids 4 through 18 years of age that have a specific learning disability and kids deemed "uneducatable" by the public school system. He stated that the school will operate during normal school hours Monday through Friday from 8:00 to 3:30. Mr. Henschel stated that staff believes this development is consistent with the uses in the area and recommends approval of the Conditional Use Permit request for house of worship and school to operate at 155 North Hwy. 27. City of Clermont MINUTES PLANNING AND ZONING COMMISSION FEBRUARY 7, 2012 Page 2 Greg Homan, 20570 Sugarloaf Mountain Rd., stated that the church has been a tenant of his for two or three years. He stated they want to expand to a Christian school which he feels the city can use more of. He stated that he is in favor of this conditional use permit. Commissioner Loyko asked if the school is specifically for SLD students and what type of facilities do they have within the structure that would help the students if these students are considered uneducated by the public school system. Mr. Henschel stated that the applicant who could answer the specific questions could not make it and he did not have those answers. Commissioner Loyko asked how many students are expected to attend the school. Mr. Homan stated that the applicant said she will follow the states requirements. He stated that an indoor playground will be provided for the children in the 17,000 square foot building. Commissioner Proli expressed concern that if the children will be attending class from 8:00 to 3:30 and not having any outdoor time. Mr. Homan stated that stated that he knows there will not be any outdoor play area because this is a commercial location and there is too much traffic. Commissioner Proli states she does not feel this is a good location for children because they need an outdoor play area. Mr. Homan stated that if the state felt that way they would not allow the school to be at this location. Commissioner Henning asked why they are considered uneducated by the school system. Mr. Homan stated that he was not sure what made the children considered uneducatable. Commissioner Boyatt stated that he felt this location met all the criteria for this use. Commissioner Dubuss stated that she feels all the questions fall within the prevue of another jurisdictional group such as the Board of Education and she does not have any problems with the application as presented. Chairwoman Whitehead stated that she does not see the need herself because the public school system will make room for children regardless if its mental retardation or any other disabilities. City of Clermont MINUTES PLANNING AND ZONING COMMISSION FEBRUARY 7, 2012 Page 3 Commissioner Dubuss moved to recommend approval of the conditional use permit; seconded by Commissioner Boyatt. The vote was 4 -3 to recommend approval for the conditional use permit to City Council, with Chairwoman Whitehead, Commissioner Proli and Loyko opposing. 2. REQUEST FOR CONDITIONAL USE PERMIT REQUEST: Request a Conditional Use Permit to allow a gas station and convenience store within a C -2 General Commercial Zoning District PROJECT NAME: Wawa Convenience Store and Gas Station OWNER Hunter's Trace Investments, Inc. APPLICANT: Hooks Investors, LLC LOCATION: Southeast corner of US 27 and Hooks Street PARCEL SIZE: 2.07 acres +/- FUTURE LAND USE: Commercial EXISTING LAND USE: Florida Hotel/Retail Building EXISTING ZONING: C -2, General Commercial District City planner Curt Henschel stated that the applicant is requesting a conditional use permit for a gas station and convenience store located at the Southeast corner of U.S. 27 and Hooks Street. He stated that the access to the 2 acre parcel will be from U.S. 27, Hooks Street, and the new off ramp from U.S. 27. Mr. Henschel stated that the overall development is 3.86 acres and has two additional lots that are not part of this Conditional Use Permit. Mr. Henschel stated that as the proposed development is currently presented staff has identified several variances that will need approval before the site may be constructed as presented. Mr. Henschel stated that the variances identified are as follows: 1) To allow electronic signage for the price section of the two monument signs proposed. No other gas station has been allowed such signage. The City's code does not permit this, and we have no requirements in place that regulate how bright an electronic sign can be. Section 122 -23 2) To allow for an increase in size of a secondary ground sign as regulated by Section 102- 15 (4) 3) To allow for reduced facade landscaping located in front of the store. Section 118 -37 (I) 4) To allow for additional signage under gas canopy that is not addressed by code. Section 102 -8 (23) Note: The absence of the 10' landscape buffer along the south property line will be provided, thus eliminating this variance required by Section 118 -37 (D) City of Clermont MINUTES PLANNING AND ZONING COMMISSION FEBRUARY 7, 2012 Page 4 Mr. Henschel stated that staff believes this development is consistent with the uses in the area and recommends approval of this Conditional Use Permit request for a gas station and convenience store with the following Conditional Use Permit conditions as listed. Jonathon Martin, Kimley Horn & Associates, Orlando, stated that he was present to answer any questions. Amy McCook, 425 W. New England Ave., Winter Park, stated that Wawa is named for the city in Wawa, Pennsylvania, but the way the city got its name is because the Indians called the Canadian geese Wawa because of the sounds they make while they are in flight. Commissioner Henning asked about the two different plans and wanted to know which plan was the correct plan. Mr. Martin stated that he believes they will move forward with the plan labeled C -1. He stated that FDOT is planning that road but there is a possibility that C -2 will be used. Commissioner Proli expressed concern of the electronic sign because there is no code regulating the brightness of an electronic sign. Mr. Henschel stated that staff will have to determine that before they present the variance to Council. Commissioner Dubuss moved to recommend approval of the conditional use permit; seconded by Commissioner Boyatt. The vote was unanimous to recommend approval for the conditional use permit to City Council. 3. REQUEST FOR CONDITIONAL USE PERMIT REQUEST: Request to amend Res. No. 2011 -13 Conditional Use Permit (CUP) to remove the acceleration lane requirement for a gas station and convenience store within a C -1 Light Commercial Zoning District. PROJECT NAME: RaceTrac — Citrus Tower Blvd. OWNER: South Lake Connector, LLC APPLICANT: RaceTrac Petroleum, Inc. — Jimmy Crawford, rep. LOCATION: Northeast corner of U.S. 27 and Citrus Tower Blvd. PARCEL SIZE: 2.39 acres +/- FUTURE LAND USE: Commercial EXISTING LAND USE: Vacant EXISTING ZONING: C -1, Light Commercial City of Clermont MINUTES PLANNING AND ZONING COMMISSION FEBRUARY 7, 2012 Page 5 Planning director Jim Hitt stated the applicant is requesting an amendment to their conditional use permit for a gas station and convenience store located at the Northeast corner of U.S. 27 and Citrus Tower Blvd. He stated that this Conditional Use Permit was originally approved by the City Council on October 10, 2011. Mr. Hitt stated that at the City Council approval meeting, Council required that in order to have full access at the northern access point, there would have to be an acceleration lane for the left turn movement heading north on Citrus Tower. He stated that city staff and the applicant have contacted Lake County and Lake County will not be able to put in an acceleration lane. He stated that the applicant is requesting that this requirement be eliminated from the Conditional Use Permit and they be allowed a full access point at the northern location. He stated that Lake County has approved this full movement provided Clermont also approves it. Mr. Hitt stated that the site is well served by the transportation network with three access locations. He stated that these locations to the 2.39 acre development include one on U.S. 27 and two locations off Citrus Tower Blvd. He stated that two of these are to be shared access with the remaining 3.13 acres of the overall 5.52 acre area. Mr. Hitt stated that as part of this application, the applicant has submitted updated architectural drawings which meet our Code requirements. He stated that no other changes have been requested to the Conditional Use Permit at this time. Mr. Hitt stated that the applicant is also requesting the following variances with this Conditional Use Permit amendment: 5) To allow a second and third wall sign rather than just one. The overall size of the two signs if totaled separately would be less than what would be permitted per code for one. 6) To allow for gas pump canopy signage rather than none. The LDC does not have a provision for canopy signage or size, and therefore according to the Code is not permitted. The CUP as presented would not allow canopy signage, which is consistent with the last approved CUP (also the PIX and 7 -11 CUPs). 7) To allow electronic signage for the price section of the two monument signs proposed. No other gas station has been allowed such signage. The City's code does not permit this, and have no parameters in place that regulate how bright an electronic sign can be. Mr. Hitt stated that staff believes this development is consistent with the uses in the area and recommends approval of this amendment to the Conditional Use Permit eliminating the requirement for the acceleration lane on Citrus Tower Blvd. for the gas station and convenience store. He stated that the amended Conditional Use Permit conditions are shown with and underline notations. City of Clermont MINUTES PLANNING AND ZONING COMMISSION FEBRUARY 7, 2012 Page 6 Jimmy Crawford, 1635 SR 50, stated that he was present to represent RaceTrac and they agree to the staff's recommendation. Commissioner Proli expressed concerns about the sign variances for electronic signage. Commissioner Henning asked about the difference in the plans. Mr. Hitt showed the updated version. Commissioner Jones moved to recommend approval of the amendments to the Conditional Use Permit, seconded by Commissioner Dubuss. The vote was unanimous to recommend approval for the Conditional Use Permit to City Council. Commissioner Jones nominated Cuqui Whitehead for Chairwoman; seconded by Commissioner Proli. The vote was unanimous for Cuqui Whitehead to be Chairwoman. Commissioner Dubuss nominated Nick Jones for Vice - Chair; seconded by Proli. The vote was unanimous for Nick Jones to be Vice- chair. There being no further business, the meeting was adjourned at 7:41 pm. A i •� i Whitehead, Chairwoman ATTEST: Rae Chidlow — Administrative Assistant