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
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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
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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