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06-03-2014 Regular P & Z Meeting City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 3, 2014 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday June 3, 2014 at 7:00 p.m. by Chairman Nick Jones. Other members present were Carlos Solis, Herb Smith, Harry Mason, and Bernadette Dubuss. Also in attendance were Barbara Hollerand, Planning and Zoning Director, Curt Henschel, Planning Manager, John Kruse, Senior Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Planning Specialist. MINUTES of the Planning and Zoning Commission meeting held May 6, 2014 were approved as written. REPORTS Planning and Zoning Director Barbara Hollerand stated that Thomas Spencer has resigned from the Planning and Zoning Commission. She stated that she will be asking City Council to appoint a replacement to finish his term. She stated that there will be no July Planning and Zoning meeting due to no applications being submitted. Ms. Hollerand reminded the public that this Friday, June 6, 2014 is the ribbon cutting for the Arts and Recreation Center at 9:30 am. She stated that they will be giving tours of the facility. She stated that pool would be open on Saturday, June 7, 2014. Chairman Nick Jones congratulated Commissioner Carlos Solis for his success with his music and recording campaign. He stated that everyone had a wonderful time at the Jazz Festival. He stated that they will be doing this again next year. City Attorney Dan Mantzaris reminded the Commissioners to fill out and return their financial statement by the July 1, 2014 deadline to the Supervisor of Elections office. 1. REQUEST FOR CONDITIONAL USE PERMIT DEVELOPMENT NAME: Tower Park APPLICANT: David Carter, Ridge Professional Group, Inc. Senior Planner John Kruse presented the staff report as follows: The Tower Park project is a proposed multi-family development consisting of 72 multi-family residential units, 32 town homes, a club house and pool. The multi-family residential units will consist of three 4 story buildings with interior covered parking on the bottom floor. These units will be located on the north side of the project area. Thirty-two (32) multi-story town homes will be located on the southern portion of the project area and will have parking incorporated in the units via garages. The total land area of the project is 8.73 +/- acres with the vacant right-of-way included (0.20 acre). The conditional use permit request is based upon the development proposal consisting of City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 3, 2014 Page 2 multi-family residential units having 12 or more units in the R-3 zoning district. Section 122-184 (a) of the Land Development Code requires a conditional use permit for these uses in the R-3 zoning district. The applicant has indicated the proposed project will provide a transition between the higher intensity commercial, non-residential uses to the north and the single family residential subdivision to the south. The multi-family project would provide a step down of intensities. The site has city utilities adjoining the property. The major challenge in developing the site is severe topography changes, with significant fall from northeast to southwest of over 100 feet in relief (225' to 123'). The applicant proposes to overcome this relief change through grading, slopes, and walls that meet city standards with a granted variance. The applicant will be seeking variance requests for grading and filling of the site since existing elevation changes will exceed ten feet in developing the site; retaining walls greater than six feet in height; buildings with the covered parking taller than forty-five feet in height; and private streets with an option of installing a gate at the entrance. Staff feels this use is consistent with the uses in the area and recommends approval of the proposed conditional use permit request. David Carter, 137 5th NW, Winter Haven, stated that this project was presented a couple of months ago as 92 apartment units. He stated that the Council was not in favor of an apartment complex next to single family residences. He stated that they made changes to the project to make it acceptable to the nearby neighbors and City Council. He stated that the revised plan has 32 townhome units for fee simple ownership. He stated that the townhome units will be two- story with an enclosed garage underneath. He stated that there are three units on the north end of the site away from the adjoining single family neighbors. He stated that they have met with the neighbors and are submitting additional conditions that they are in agreement to. Commissioner Herb Smith asked about the one acre commercial piece. Mr. Carter stated that the commercial has been removed from the project. Commissioner Bernadette Dubuss asked if there was any consideration given for any additional recreation included on the site. Mr. Carter stated that in the lower south part of the site there will be a larger recreational club house. Commissioner Harry Mason asked if the developer was expenenced with this type of project. Mr. Carter stated that Mr. Gill owns property in the city, but he does not have experience with this type of development. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 3, 2014 Page 3 Mali Rafats, Ridge Professional Group, stated that Mr. Gill is from Canada and owns a manufacturing business up there. She stated that he is looking to purchase a home down here. Chairman Nick Jones asked if the owners will have individual trash pick-up for each unit. Mr. Carter stated that there will be dumpster locations for the apartments and individual pick-up for the town homes. Commissioner Harry Mason asked if the retention area counted as green space and if it was usable as a play area. He stated that there is very little green space for this project. Mr. Carter stated that he cannot see anyone using the retention areas for recreation. Chairman Nick Jones stated that there is a limit for pervious ratio. He stated that the applicant will have to meet the requirements as they go through development review. Mr. Carter stated that they may have to make adjustments to the site to meet the requirements. Commissioner Herb Smith stated that he feels they have made some good changes to the plan. Commissioner Harry Mason stated that he feels the developer is trying to maximize the site. He asked if the gate would have a guard. Mr. Kruse stated that a guard at the gate would not be a requirement. Commissioner Bernadette Dubuss moved to recommend approval of the conditional use permit and to include additional conditions provided by the applicant; seconded by Commissioner Carlos Solis. The vote was 4-1 to recommend approval for the conditional use permit to City Council, with Commissioner Harry Mason opposing. 2. REQUEST FOR CONDITIONAL USE PERMIT DEVELOPMENT NAME: Legacy Church APPLICANT: Susan Northcutt Planning Manager Curt Henschel presented the staff report as follows: The applicant is requesting a Conditional Use Permit to establish a house of worship in the C-2 zoning district. The church proposes to occupy a 3,700 square foot office/retail building available at 159 North Hwy 27. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 3, 2014 Page 4 The church has a congregation of approximately 80 and plans to have meetings on Tuesday and Wednesday evenings and service on Sundays. Commissioner Carlos Solis asked if there was sufficient parking for the church. Mr. Henschel stated that there was sufficient parking. Greg Homan, 141 N. Highway 27, stated that he enjoys hosting church services at the Citrus Tower. He stated that a few years ago he made improvements to the exterior of the building to bring the building up to code. He stated that there is sufficient parking on the south side of the building. He stated that the other two churches on the property use the parking on the north side of the building. Commissioner Harry Mason stated that there has been some discussion and asked if the building was going to be used for a Muslim Mosque. Mr. Homan stated that he had said that if he sold the Citrus Tower the City should be the one to purchase it so that they could control what happened to the building. Commissioner Harry Mason asked about the CUP condition that included allowing alcoholic beverages being sold nearby. City Attorney Dan Mantzaris stated that provision to the conditions would allow other businesses to open nearby without being hindered from selling alcohol due to the church being at that location. Commissioner Harry Mason moved to recommend approval of the conditional use permit, seconded by Commissioner Carlos Solis. The vote was unanimous to recommend approval for the conditional use permit to City Council. 3. REQUEST FOR CONDITIONAL USE PERMIT DEVELOPMENT NAME: Hertz at Oakley Seaver APPLICANT: The Hertz Corporation Senior Planner John Kruse presented the staff report as follows: The applicant, The Hertz Corporation, is seeking a conditional use permit to allow the use of an auto rental business in the C-2 General Commercial Zomng District. The applicant would like to open an office for rental car use. The office would be located in suite 8 of the Oakley Seaver Plaza and the hours of operation would be Monday through Friday, 7:30 AM to 6:00 PM and Saturdays, 9:00 AM to 12:00 PM. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 3, 2014 Page 5 The applicant is requesting a total of 10 designated parking spaces, which includes 2 for employee parking. Employee parking is within the acceptable use of the office that will be leased. This leaves 8 designated spaces for the rental allotment. The applicant has indicated that they currently have agreements with some of the local dealerships for fleet overflow, if needed, but they generally run a utilization rate of 90%. This translates into not a lot of cars at the location at one time. Section 122-224 (b) Conditional Uses in the C-2 Zoning District permits uses after consideration by the Planning and Zoning Commission and approval by the City Council that are not more obnoxious to the distnct than the uses provided in this section. The rental car business falls into the case of uncertainty of the classification of any use, thus necessitating the conditional use permit. Staff has reviewed similar requests in the past and feels this use is consistent with the uses in the area with specific conditions placed in the conditional use permit. The designated parking area of the rental fleet will be at the rear of the building, as indicated on the site plan. The applicant has received confirmation from the landlord that this area will be designated for their use. No exterior washing and maintenance will be allowed onsite and the vehicles parked there will be limited to cars, SUVs, and vans that can park in a normal 10 feet by 20 feet parking space. With these conditions in place, Staff recommends approval of the proposed conditional use permit request. Commissioner Harry Mason asked if the definition of vans meant vans with windows so that people can see when they are backing out of the parking space. Marcus Echtler, 12832 Woodmere Close Dr., Windermere, stated that the vans they carry are like the Dodge Caravans. Chairman Nick Jones asked if they will have any commercial vehicles. Mr. Echtler stated that there will not be any commercial vehicles. Commissioner Harry Mason moved to recommend approval of the conditional use permit; seconded by Commissioner Bernadette Dubuss. The vote was unanimous to recommend approval for the conditional use permit to City Council. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 3, 2014 Page 6 There being no further business, the meeting was adjourned at 7:35 pm. 111Wdl„ Nick Jones, Chai j ATTEST: Rae Chidlow—Administrative Assistant