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06-05-2007 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION June 5, 2007 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday June 5, 2007 at 7:03 p.m. byVice-Chairman Sy Holzman. Members present were David Pape, Bill Banzhaf, Nick Jones, Gail Ash, Cuqui Whitehead and Bill Gray. Also in attendance were Jim Hitt, Planning Director, Curt Henschel, Planner, Daniel Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held May 1, 2007 were approved as written. REPORTS Planning Director Jim Hitt presented a Project Map that shows the new development in the area. Mr. Hitt also showed the new zoning map that has not been approved by Council yet. 1. OWNER: APPLICANT: REQUEST FOR CONDITIONAL USE PERMIT Oakley 50 Investors LLC Schmid Construction and Development REQUESTED ACTION: A request for a CUP in C-2 (General Commercial) to allow for a retail shopping center with more than 4 users, and for a building to occupy more than 20,000 square feet of space. LOCATION: Southwest corner of Highway SO and Oakley Seaver Dr. SIZE OF PARCEL: 3.63 acres +/- EXISTING ZONING: C-2 (General Commercial) EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District 2 - (UD-2) FUTURE LAND USE CLASSIFICATION: Commercial City Planner Curt Henschel stated the applicant requests a CUP for an office and retail shopping center with 30,478 square feet of space. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 5, 2007 Page 2 Mr. Henschel said there is a mixture of commercial uses surrounding the subject property. Annexations and subsequent development have intensified the character of the area. This area is appropriate for this type of development. Mr. Henschel stated that staff recommends approval of the request for a CUP to allow an office and retail shopping center on this C-2 (General Commercial) zoned parcel. Mr. Henschel stated there is one amendment to the conditions of the CUP which will be in section 3 # 2. It will state that Oakley Seaver Dr. as well as Sandy Grove Ave. will be completed before the CO is acquired for the building. Meeting discussion: Wayne King, 3835 Legends, stated it is going to be a nice retail center. There will be areas for restaurants. Commissioners Banzhaf and Holzman stated the project seems to fit the area. Commissioner Jones moved to approve the request as amended, seconded by Commissioner Whitehead. The vote was unanimous to recommend for approval to City Council. 2. OWNER: APPLICANT: REQUEST FOR CONDITIONAL USE PERMIT Jo-El, LLC Associate Design and Construction REQUESTED ACTION: A Conditional Use Permit (CUP) to allow for amulti-family development with more than 12 units within the C-1 zoning district. EXISTING ZONING: C-1 (Light Commercial District) SIZE OF PARCEL: 2.26 acres +/- LOCATION: 1052 Montrose St. EXISTING LAND USE: One Single Family Residence FUTURE LAND USE DISTRICT: Non-Established District - (NED-6) City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 5, 2007 Page 3 FUTURE LAND USE CLASSIFICATION: Commercial City Planner Curt Henschel stated the request is to allow amulti-family residential development within the C-1 zoning district. The applicant is proposing to build three separate townhome buildings with a total of 20 3-bedroom units near the downtown Central Business District. The development will have a community swimming pool and each unit is proposed to have a private 2 car garage. Mr. Henschel stated the proposed project is located within the NED-6 future land use district. This district allows a maximum density of 12 units per acre. The proposed project will be limited to 8.8 units per acre. Mr. Henschel said the applicant is also seeking a variance to allow for a perimeter buffer to be 5 feet in width adjacent to the wetland area instead of the required 10 feet per city code. Mr. Henschel stated the staff recommends approval of the request to allow a 20-unit multifamily development within the C-1 zoning district located at 1052 Montrose St. Meeting discussion: Elwood Obrig, 700 Almond St., stated this project will bring people into the downtown area which is one thing the downtown really needs. This will bring about twenty families to this area to enjoy the shops and dining. Byron Bonyadi, 175 Sabal Palm Dr. Longwood, stated that the 5 ft. reduction is not from the wetland it is from the floodplains. He stated they would not be encroaching into the wetlands. Donna Cockefair, 811 Main Ave. Minneola, stated that the residents in that area have complained in the past about the noise. She does not object to the project; however; if you bring in more residents, it needs to be understood before they move in that there are businesses in that area that have been there for a long time. Commissioner Whitehead asked if any of the units are going to be equipped for handicap residents. Mr. Bonyadi stated they will comply with ADA requirements which is one out of the twenty five units is required to be handicap accessible. Chairman Pape asked if there were more residents that are handicapped, will the townhomes be modeled to suit them. Mr. Bonyadi stated there will be modifications to other townhomes if needed. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 5, 2007 Page 4 Commissioner Whitehead asked if there is any kind of buffer to cut down the noise from the nearby businesses. Mr. Henschel stated that it is required to have a ten foot buffer with shrubs and trees all the way around the project. Commissioner Gray asked what is in the triangle that is on the aerial map. Mr. Henschel stated it is just a misprint on the actual location of the property and will be corrected. Commissioner Holzman asked what the zoning for that parcel was. Mr. Henschel stated it is R-3 zoning district. Commissioner Jones asked if this was the site of the junk yard, and does the City have environmental information on the property. Mr. Henschel stated that the engineering department is aware there could be contamination and they will be requiring the information as part of the site review process. Joel Casimiro, 612 W. Minneola, said there have been two environmental tests done, and they are now requiring one more that will be done in the next step. Commissioner Ash asked where the five foot buffer variance is being requested and asked if it would be next to any streets. Mr. Bonyadi stated that the variance would not be along any streets, just along the parking area. Commissioner Banzhaf stated he is familiar with the project because he owns the property next door. Personally, he feels it is an excellent project and is good for property values and the City. Chairman Pape asked what price these will be going for. Mr. Casimiro stated that because of the market right now and depending on when they get approved they will probably go for about $300,000 - $325,000. Chairman Pape asked if he anticipated these being for empty nesters or small families or what. Mr. Casimiro stated he is thinking maybe professionals would be interested. Chairman Pape asked the architect what is the recess on the staggered fronts. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 5, 2007 Page 5 Mr. Bonyadi stated 3 feet and that would be the same on the garage side. Commissioner Whitehead moved to approve the request, seconded by Commissioner Banzhaf. The vote was unanimous to recommend for approval to City Council. 3. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Mercator Properties APPLICANT: Cathedral of Power International REQUESTED ACTION: Request for a Conditional Use Permit (CUP) to allow a church facility in the M-1 zoning district. LOCATION: 202 Hatteras Ave. EXISTING ZONING: M-1 (Industrial District) EXISTING LAND USE: 16,000 square foot industrial building FUTURE LAND USE DISTRICT: Undeveloped District 5 - (UD-5) FUTURE LAND USE CLASSIFICATION: Industrial City Planner Curt Henschel stated the applicant intends to establish a church at an existing industrial/ commercial plaza. Mr. Henschel said the church is looking to occupy a 6,000 square foot space available in the Clermont Commons Industrial Center. The church intends to have 80 seats for services that will operate Sunday afternoon and Wednesday evenings from 7:00 to 9:30 P.M. Mr. Henschel said with the existing businesses operating at normal business hours and the church operating at "after business" hours, staff believes there will not be any parking issues on or off site. Mr. Henschel stated the staff recommends approval of the request for a CUP to allow a church at the Clermont Commons Industrial Center. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 5, 2007 Page 6 Meeting Discussion: Pastor Christopher Walker, 1117 C Eagle Ave., Groveland, stated this is the third time he has come before the commission. He stated in 2005 they were approved for the bowling alley which was sold while they were working on the building. He said last year they were approved for the second phase of the Hillside Terrace and now it is not going to be built. Because all of the businesses in this area are going to be closed at 5 pm. and on Saturday and Sunday, this should not pose a problem for any business already there. Commissioner Ash 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 PROJECT NAME: Lost Lake Reserve Commercial -Tract J, Lot F (Replat) OWNER/APPLICANT: Lost Lake Reserve, LLC REQUESTED ACTION: Request for a Conditional Use Permit (CUP) fora 10-unit commercial building with shared parking EXISTING ZONING: PUD (Planned Unit Development) LOCATION: Vacant lot on east side of U.S. 27, west of Citrus Tower Boulevard, adjacent to Bob Evans Restaurant EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District 9 (UD-9) FUTURE LAND USE CLASSIFICATION: Mixed-Use Classification 2 Planning Director Jim Hitt stated the applicant is requesting a conditional use permit to construct a 10-unit building with shared parking on the 3.82-acre site known as Lot F. The conditional use permit for the Lost Lake Reserve Planned Unit Development (Res. #1294) stipulates that this parcel should be allowed development of a variety of retail and service uses, consistent with the regulations of the C-2 General Commercial zoning district. The C-2 regulations require a conditional use permit for any group of five or more businesses with shared parking. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 5, 2007 Page 7 Mr. Hitt stated that a 16,461-square-foot building is proposed on the site. Formal construction plans are required to be submitted for review and approval by the Site Review Committee prior to the issuance of any development permits. Mr. Hitt stated it has been pointed out that the interior plans and elevation reflect 12 units. The permit application for the CUP requests 10 units, and the plans will be corrected for site review process. He stated that section 2 of the CUP conditions points out, that it "may consist of a 10 unit commercial building with shared parking". Mr. Hitt stated that staff recommends approval of the request for a CUP to allow a 10-unit commercial building with shared parking. Meeting Discussion: Aaron Mercer, 350 N. Sinclair Ave., Tavares, stated this is a commercial lot located on U.S. 27 next to Bob Evans. The purpose for the CUP is for the number of units the applicant would like to get approved for this location. Commissioner Holzman expressed concern about more store fronts. Commissioner Ash also expressed concern about all the strip mall type projects. There are already several store fronts that are vacant. Commissioner Banzhaf stated he would like to see more done in the back with landscaping because of the way the building is going to be situated along U.S. 27. Mr. Hitt stated the plan before them is just the bare minimum plan right now but the applicant has mentioned that they do want the back side of the building to look good also. Commissioner Whitehead asked how the stores would get the products to their stores. Mr. Hitt stated there are 24 foot pads and there is a loading area which is to code and is actually a little larger than code on the back side of the building. On the side of the building is also an area that can be used for loading or unloading. These are not large retail stores so they should not have large semis driving through. Commissioner Gray asked if the floor elevation is approximately 136 feet. Mr. Hitt stated the site is leveled and there is a very steep drop off going down to the old fishing pond. They have graded and redone the pond area and the upper platform area almost done. They will have to bring in more fill dirt to make the building level. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 5, 2007 Page 8 Mr. Mercer stated that the eastern exposure-the section eluded to earlier regarding the additional buffering-will look nice when it is done. Because of the elevation difference you will see the back of the building when you drive up the hill. Commissioner Banzhaf moved to approve the request, seconded by Commissioner Whitehead. The vote was unanimous to recommend for approval to Ciry Council. 5. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Kids Voice OWNER: Hurtak Family Partnership, Ltd. APPLICANT: Raymonde P. McNally REQUESTED ACTION: Request for a conditional use permit to allow a childcare center within a commercial shopping center located in the C-2 General Commercial zoning district EXISTING ZONING: C-2 (General Commercial) LOCATION: 662 E. Highway 50 (South Lake Plaza/Winn-Dixie) EXISTING LAND USE: Commercial FUTURE LAND USE DISTRICT: Established Business District 2 (EBD-2) FUTURE LAND USE CLASSIFICATION: Commercial Planning director Jim Hitt stated the applicant is requesting a conditional use permit to allow a childcare center within a commercial shopping center within the C-2 (General Commercial) zoning district. Childcare centers are designated as a conditional use within the C-2 zoning district. Mr. Hitt said that the applicant is applying as anon-profit, voluntary pre-kindergarten childcare center within the existing 2,100 square-foot building. The applicant believes the business will provide a needed service to working parents. Hours of operation are expected to be from 6:45 a.m. to 6:30 p.m., Monday through Friday. Children's ages would be from less than one year old to 6 years old, with children 6 to 11 years old allowed before and after school only. Maximum capacity would be 45 children. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 5, 2007 Page 9 Mr. Hitt stated the staff recommends approval of the CUP request. Meeting Discussion: Raymonde McNally, 14617 Royal Pines Ct., stated she has had the daycare in her home for two years. She said she has decided to turn Kids Voice into anon-profit organization. This will benefit the community because the area daycares are very expensive. There are a lot of parents who need help on a sliding scale for their daycare. Cheryl Abbott, 644 E. Highway 50, stated she is here to represent Pittman Jewelers. They feel the retail center is not a place for a daycare. She stated that Winn Dixie is putting a liquor store in and there is crime that goes on at that plaza. There are semis that come around the back along with bicycles and other traffic. She feels it is not the best place for a daycare. Mike Abbott, 644 E. Highway 50, stated the corner area where the daycare wants to go is a major traffic area already without putting 45 kids into a daycare. He stated they would like to see retail go in there rather than a daycare establishment. Tom Voorhees, Island Fever Surf & Sport, 650 E. Highway 50, stated that this is a retail shopping center. He stated that besides all the crime that is within that plaza area, putting a daycare in there is not going to help the retail stores that are already there. Stacy West, 361 Betty Lane, stated that she shops in this shopping plaza, and she is very discouraged to hear the negative comments instead of everyone accepting change and bettering the plaza. This daycare is a start to making it better. People need daycare and people do shop in Winn Dixie with their children. She stated that if it is not safe for a daycare to be there then maybe Winn Dixie or the Surf Shop should not be there either. Ken Johnson, 1581 Silhouette Dr., stated he is originally from South Florida and where he used to live in Miami Lakes there was a daycare right inside a Publix Shopping Plaza right next door to a liquor store. He stated the place has been there for years and never had any problems. He said he took his kids there for five years. He stated this daycare is a positive thing. Cynthia Vaughn, 1149 Grand Bay Blvd., stated she thinks the daycare is good for this area. The people who will need the help and will benefit from a non profit daycare in that area. She stated if you are looking to better the community this is a good thing for this area. Ms. McNally stated that she has applied for security for the building to watch the building and the children throughout. She stated she has checked with Environmental and with DCF before approaching the building owner. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 5, 2007 Page 10 Mrs. Abbott stated they understand it can be hard at times to get a place to leave your kids. She stated it has nothing to do with the daycare, it is because it is a retail plaza and it is not an appropriate place for a daycare. Commissioner Whitehead asked if there is going to be some kind of barrier around the play area to keep the kids safe. Patrick McNally, 14617 Royal Pines Ct, stated there would be a 40 X 28 foot fence. He stated that Brinks will be putting in two cameras in the back, the door locks will be changed, and there will be an entrance and a locked gate going to the play area. Commissioner Whitehead stated her concern about the big trucks that will be going behind there but she understands the need for the community. Mr. McNally stated their main concern is also safety. Commissioner Gray asked if the playground area was to be adjacent to the building and was there any possibility of public access separating the playground from the center. Mr. Hitt stated there is a public sidewalk that is accessible throughout. He stated the kids would be using the sidewalk going into the gated area. Commissioner Holzman stated there should be a letter from the building owner saying that they would allow the fencing off of this area. Mr. Hitt stated it is a State requirement that the play area be fenced off and the public sidewalk not be fenced off. Mr. McNally stated he would be willing to get a letter from the building owner Commissioner Jones stated he would feel better about this if there was some way they could come out of the building and into the secure area without having to cross public space. He asked if there was a way that this could be accomplished. Mr. Hitt stated that this is not something staff could require but the owner of the plaza and the occupants could work something out among themselves. Commissioner Jones stated he has seen these types of facilities in malls and they seem to make it work. Commissioner Ash asked about the green area that is going to be the playground and if code was still being met in regard to green space. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 5, 2007 Page 11 Mr. Hitt stated the area will stay a green area. He stated there is still plenty of green area around the facility to meet code. Commissioner Ash stated concern about rodents and bugs coming from the dumpster area. Commissioner Banzhaf stated he would have liked to have had the property owner there to answer questions. He stated it is right next to a school so there are already kids in that area. Ms. McNally stated that she will have a pest company out regularly to keep down any possibilities of pests. Chairman Pape asked what kind of staffing she was going to have with 45 children. Ms. McNally stated she will have approximately 6 to7 staff members. Chairman Pape asked what size the rooms will be. Ms. McNally stated they would probably be 10 X 12. Mr. Hitt stated he will add to the conditions of the CUP in section 2 #3 that the drop off and pick up is to be done at the East rear section of the property. Commissioner Jones moved to approve the request as amended, seconded by Commissioner Whitehead. The vote was 6-1, with Commissioner Ash opposing to recommend for approval to City Council. 6. REQUEST FOR CONDITIONAL USE PERMIT PROJECT: Tuscany Village OWNER: PDG /Inland Tuscany Village Venture, LLC APPLICANT: Cecelia Bonifay, Esquire, Akerman Senterfitt REQUESTED ACTION: Request for an amendment to a Conditional Use Permit (CUP) to allow a gas station convenience store within the PUD zoning district, and clarification language for the East and West sides of the Tuscany Village PUD. LOCATION: South of S.R. 50, East and West of U.S. 27 ~ the intersection of Highway 27 & Citrus Tower Blvd. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 5, 2007 Page 12 SIZE OF PARCEL: 92.61 acres +/- (49.66 ac. West side, 42.95 ac. East side) EXISTING ZONING: PUD (Planned Unit Development) EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District - 7 (UD-7) FUTURE LAND USE CLASSIFICATION: Commercial Planning Director Jim Hitt stated that the applicant is requesting an amendment to the Conditional Use Permit (Resolution No. 1442) to allow for a gas station & convenience store to be located in the development west of U.S. 27. Access to the gas station & convenience store will be from within the development's internal circulation roads and the South Clermont Connector. Mr. Hitt said the development is separated by U.S. 27 and has different owners on the east and west. Because of this, the applicant also requesting some clarification language to be added to the CUP regarding the separate owners and the conceptual site plans. The new conceptual site plan for the west side is included in this request which reflects a reduction in the west side overall square footage. Also included are park and landscape areas in the retail 12 parcel. Mr. Hitt stated the staff recommends approval of the request for the amendment to the CUP to allow for a gas station/convenience store within the PUD zoning district, and clarification language for the East and West portions of the Tuscany Village PUD. Meeting Discussion: Cecelia Bonifay, 131 W. Main St., Tavares, stated that the original parcel was under one ownership but it is now under separate ownership so the language needs to be changed since one owner has no control over the other. She stated they are also adding the gas station/convenience store to the CUP since it wasn't in the original CUP. Steven Alafazanos, 2901 Rigsby Lane, Safety Harbor, stated he feels this is a better plan than the original one. He said they will either put the gas station on the north side of the Clermont Connector or the south side but not both sides. Commissioner Banzhaf stated he would like to see the gas station on the south west corner of the intersection. Commissioner Ash asked if they were going to limit the gas station to only area. She stated she would like it worded in the conditions that only one gas station will be located on this site. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 5, 2007 Page 13 Commissioner Jones asked if this is going to be a Tuscany Village East and Tuscany Village West. Mr. Hitt stated that Kings Crossing will be on the east side and Tuscany Village will be on the west side and they are two different projects. Commissioner Jones asked how the site is going to be identified. Mr. Hitt stated it will be a ground monument sign per code and any changes would have to be done before Council as a variance. Commissioner Holzman stated he would like to see the gas station on the south side of the project. Commissioner Gray stated he likes the look of the project. Commissioner Whitehead moved to approve the request as amended, seconded by Commissioner Banzhaf. The vote was unanimous to recommend for approval to Ciry Council. There being no further business the meeting was me :02. David P Irma ST: ~.~. ~~~ Rae C idlow -Administrative Assistant