Loading...
02-06-2007 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION February 6, 2007 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday February 6, 2007 at 7:00 p.m. by Chairman David Pape. Members present were Bill Banzhaf, Nick Jones, David Outlaw, Sy Holzman, Gail Ash, Robert Boyatt, Cuqui Whitehead and Elwood Treadwell. Also in attendance were Jim Hitt, Planning Director, Daniel Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held January 2, 2007 were approved as written. REPORTS There were no reports. Chairman Pape stated the Clermont Town Center has been withdrawn as an item from the agenda. Mr. Mantzaris stated he had not had a chance to speak to Mr. Hitt, but he did find out some recent information on Clermont Town Center and suggested to continue this item to the next Planning and Zoning meeting and maybe withdraw after the next meeting. Commissioner Holzman moved to approve the postponement of revocation, seconded by Commissioner Treadwell. The vote was unanimous for approval to postpone the revocation hearing to the March 6, 2007 Planning & Zoning meeting. 1. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Mike French APPLICANT: Bret Jones REQUESTED ACTION: A request for a CUP for aPub/Lounge within the Central Business District. EXISTING ZONING: SIZE OF PARCEL: LOCATION: CBD (Central Business District) 3,400 square feet +/- 794 W. Minneola Ave. EXISTING LAND USE: Restaurant (Chefs Table) City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 6, 2007 Page 2 FUTURE LAND USE DISTRICT: Central Business District - (CBD) FUTURE LAND USE CLASSIFICATION: Central Business District - (CBD) Planning Director Jim Hitt stated the applicant intends to establish a new pub/lounge located at 794 W. Minneola Ave. which is currently operating as a restaurant (Chefs Table). In May of 2000 the current owner obtained a conditional use permit (Resolution No. 1126) to operate a sandwich shop with retail food sales at this location. This prior conditional use permit did not allow any other uses and was specific to the sandwich shop and retail food sales. The applicant is not proposing to add on to the building and merely wishes to take over the same service and patron use area that already exists by the current restaurant. Staff recommends approval of the request to allow apub/lounge operation in Central Business District located at 794 W. Minneola Ave. with the following conditions as listed below. CUP CONDITIONS: Section 1 -General Conditions 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and successors in title or interest. 2. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 3. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building or structure, or alter the land in any manner within the boundary of the project without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 4. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by resolution. 5. The Conditional Use Permit must be executed and filed in the office of the City Clerk within 90 days of its date of grant by the City Council or the permit shall become null and void. 6. The Pub /Lounge may be required to install grease traps if food services determine such need. Installation and size to be determined by the Utility Director. City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 6, 2007 Page 3 Section 2 -Land Use Permitted uses shall include a pub and lounge at 794 W. Minneola Ave. Bret Jones, 700 Almond St., stated the site would not increase in size of the used space. They are changing from a restaurant use to a pub/lounge use and there will be no food service, just chips and dip and things like that for the usage. Charlene Forth, 939 W. Desoto St., stated she represents the Center Lake residents and neighborhood. She said this four square block of downtown is being known as "bar/lounge and pub city". She said there have been several incidents that have happened in the neighborhood and the residents do not feel safe. She said there are drugs flowing through the downtown area, bar hopping and speeding. She would like to see more restaurants. She stated the residents are tired of this. Chairman Pape asked if Ms. Forth or the residents had any solutions or alternatives to opening up bars and lounges. Ms. Forth stated they want to see the downtown survive and they want restaurants. The Library is open until 8:00 or 9:00 pm evenings and it needs to be safe. She discussed the shooting that happened in the Library parking lot across from Liquids. She spoke to different businesses and only one didn't care one way or the other if bars are in the down town. She asked Mr. Mantzaris what can be done legally to shut down the nuisance businesses. Mr. Mantzaris stated those are valid questions but they are not appropriate for this discussion and are better suited for discussion outside of this case. The Planning Board needs to focus on this particular issue. Issues that refer to other establishments and whether they are good or bad are beyond the scope of the Planning Board's discussion right now. Ms. Forth stated the Staff has the right to say no to these types of establishments whether they fit the criteria. Commissioner Banzhaf stated he told the buyer about this property being available and he knew what type of business the applicant wanted to open. He stated he was not involved any further than recommending that location to the applicant. Mr. Mantzaris asked if he had any financial interest in the transaction of the property. Commissioner Banzhaf stated he did not have any financial interest and as a property owner he was all for this type of establishment. City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 6, 2007 Page 4 Commissioner Ash stated that since it does have a potential to be a problem with security matters downtown, is there any way to require certain security steps to be taken to ensure the safety of the people within the establishment, and the surrounding area. Chairman Pape asked if they could make that recommendation. Mr. Mantzaris stated they could but he would caution the board as well as the Council to tailor the security measures for each particular property. What you would not want to happen is to have the Board or Council be a part of an attempted solution that didn't work and then the Board or Council take on added liability for the situation. Mr. Mantzaris said that in these kinds of situations, what is common is to put in a provision for a monitoring period and if there is certain number of documented incidents it would trigger automatic reconsideration of the CUP. Commissioner Ash stated she was going to ask if this could be done. Chairman Pape asked Ms. Forth if she had a specific period of time or number of incidents in mind. Commissioner Ash stated she would leave it up to the officials to determine what a number of incidents would qualify for being a problem. She would think nine to twelve months because they would have established a clientele. She would like to see a review of the situation. Chairman Pape added that this could result in a possible revocation. Commissioner Ash agreed. Mr. Jones stated it is up to them to decide as a Planning and Zoning Board on the security issue and he is all for the enforcement of the laws. Commissioner Boyatt asked what would be considered a violation. Chairman Pape stated this is beyond the Board's scope of their reasoning and they would have to ask Staff and Police what the threshold would be. Commissioner Ash stated that what the management or applicant plans on having as a business may not occur. She said that by defining a period at which the City will revisit the CUP, then the City can cancel a CUP if the establishment has become a problem. By adding the security issue to our CUPs we are letting applicants know that we expect a certain standard for our City. Chairman Pape asked Commissioner Ash to specifically state what she would like to see added to the CUP. City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 6, 2007 Page 5 Mr. Mantzaris recommended making a motion to deny or approve with some consideration from staff to redraft the CUP conditions to include a monitoring period to determine whether the use as approved becomes a problem for the surrounding area. Commissioner Ash said so moved. Commissioner Whitehead stated she spoke to the Police, and she was told there are ways of controlling the security issues. One establishment should not be penalized because of what happens at another establishment. The establishments can be held liable for actions of their patrons. Commissioner Outlaw stated they should suggest to the Council that they look at other Ordinances and Nuisance Abatement. Other communities use those laws very effectively with the zones that have the problem and they can deal with those and correct them outside of our decision process. Mr. Mantzaris stated the motion was that the board would approve the request for the CUP with direction to Staff to come up with some language for a condition in the CUP with regard to the use of the premises so that it won't be a problem for the surrounding areas that would be a recommendation that will go to Council for final consideration. Commissioner Ash moved to approve the request; seconded by Commissioner Banzhaf. The vote was 7-2 to recommend for approval to City Council, with Vice-Chairman Holzman and Chairman Pape opposing. 2. REQUEST FOR CONDITIONAL USE PERMIT OWNER: SKRAM REALTY, LLC APPLICANT: PJ Marks REQUESTED ACTION: A request to amend Resolution No. 1406 for the operation of a restaurant and bar. EXISTING ZONING: CBD (Central Business District) SIZE OF PARCEL: 1 acre +/- LOCATION: 848 W. Osceola St. (along Lake Minneola) EXISTING LAND USE: The Wakeboard Camp (2,512 sq. ft. existing building) City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 6, 2007 Page 6 FUTURE LAND USE DISTRICT: Central Business District - (CBD) FUTURE LAND USE CLASSIFICATION: Central Business District - (CBD) Planning Director Jim Hitt stated the applicant intends to establish a restaurant and bar at 848 W. Osceola St., where the Wakeboard Camp is currently occupying both levels of the two story building. On October 26, 2004 the site was approved (Res. No. 1406) for the operation of the Wakeboard Camp and arestaurant/bar, in the current two story building. The Wakeboard Camp has been sold and the ownership and operations are moving from this site. The applicant would like to renovate the building for a restaurant and bar. The overall restaurant and bar will be 5,054 square feet. The patron area (4,197 sq. ft.) will consist of about 665 ft. inside with a new 3,532 sq. ft outside deck. The deck will extend about 50 feet from the back of the existing building. Parking will be added to accommodate the proposed restaurant and bar. The applicant has also obtained a variance to allow the landscape buffer along Osceola St. to be placed on the city right-of--way. Staff recommends approval of the request to amend Resolution No. 1406 to allow a restaurant and bar operation at 848 W. Osceola Street with the following conditions as listed below. CUP CONDITIONS: Section 1 -General Conditions 1. The property shall be developed in substantial accordance with the conceptual site plan as prepared by McCoy & Associates and dated 1/9/07. Construction plans incorporating all conditions of this permit shall be submitted for review and approval by City staff prior to authorization and issuance of a development permit. The conceptual plan submitted with the CUP application is not an approved site plan. 2. Landscape buffers shall be constructed along Osceola St. and around the car parking areas to screen them from public view. The nature of this buffer will be determined by staff during site plan review. 3. All parking areas shall be paved and constructed to meet the minimum city requirements. 4. Water structures shall be located at least 275 feet west of the western most portion of the City's Eighth Street Pier, and if the water structures located west of the western property boundary become a problem, the City Council reserves the right to require their removal. City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 6, 2007 Page 7 5. Property shall be reserved for the realignment of the Lake Minneola Trail so that it will run along the Lake Minneola shoreline rather than along Osceola St. If the trail is realigned, property for the trail might be dedicated as right-of--way or provided by an easement. 6. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and successors in title or interest. 7. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 8. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building or structure, or alter the land in any manner within the boundary of the project without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 9. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 10. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by resolution. 11. The Conditional Use Permit must be executed and filed in the office of the City Clerk within 90 days of its date of grant by the City Council or the permit shall become null and void. 12. This permit shall become null and void if substantial construction work has not begun within two (2) years of the date of this Conditional Use Permit is executed and signed by the permittee. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. Section 2 -Land Use Permitted uses shall include a restaurant and bar. Any other uses, unless permitted in the CBD zoning district, must be approved by another Conditional Use Permit. Bill Harmening, 83 Interlachen Rd. Orlando stated he was representing PJ Marks and is also his partner in the restaurant business. They intend to operate a restaurant. They have purchased a liquor license which is why it is applied for as a restaurant/bar. They are concerned about the problems that have already been addressed. Commissioner Treadwell asked if the second floor was going to be used for anything. City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 6, 2007 Page 8 Mr. Harmening stated the second floor is where the restaurant is going to be, which is street level if you are on the street. The first floor will be restrooms, storage for kitchen and coolers. Chairman Pape asked what kind of menu they were thinking about. Mr. Harmening stated it will be a full service menu, but not a white tablecloth, fine dining establishment. Chairman Pape asked what hours the restaurant will be open for operation. Mr. Harmening stated they would be open for lunch and dinner until people are not eating anymore. He said hours can change from day to day depending on the amount of clientele on a particular evening. Charlene Forth showed her version of downtown, showing all the bars and lounges located in a small section of downtown. She expressed her concerns again about the problems that come along with alcohol in the downtown area. Commissioner Banzhaf asked if this is coming back to Planning and Zoning because of the change in the Wakeboard Camp or had the CUP expired. Mr. Hitt stated it is an amendment because there was apre-existing CUP on the site. It is being amended because it is going to just be a restaurant and bar verses Wakeboard Camp, restaurant and bar. Commissioner Boyatt asked about the hours of operation and wanted to know if this is going to be a restaurant or a bar. Mr. Harmening stated that on different nights restaurants will be open later than others. He stated he will not be open past 2 am. Commissioner Treadwell stated he likes the sound of the restaurant and bar. He would like a waterfront restaurant in the downtown area. Commissioner Treadwell moved to approve the request; seconded by Commissioner Whitehead. The vote was unanimous to recommend for approval to the City Council. 3. REQUEST FOR CONDITIONAL USE PERMIT OWNER/APPLICANT: Family Christian Center of Clermont, Inc. City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 6, 2007 Page 9 REQUESTED ACTION: Request for a CUP amendment to allow the modification of the site plan. LOCATION: One mile south of Hwy 50 on Highway 27. (adjacent to the Harley Davidson dealer.) EXISTING ZONING: R-1-A (Single Family Low Density/ Residential) EXISTING LAND USE: Church Facility FUTURE LAND USE DISTRICT: Undeveloped District 8 (UD-8) Planning Director Jim Hitt stated the Family Christian Center Church has decided on a master site plan change for their church facility located at 2500 South Highway 27. Staff felt this change is significant enough to require an amendment to their existing conditional use permit. In April of 2005, the Family Christian Center was approved for a Conditional Use Permit and conceptual site plan with a 50,000 square foot multi-use building, a public park and five modular buildings for additional classrooms. This amendment request is downsizing the multi-purpose building and relocating all of the buildings to a central area adjacent to the existing sanctuary. The proposed building will now be 44,000 square feet, and will be constructed in three phases. Accessory buildings such as a fellowship hall and a small baptismal chapel will also be a part of the master site plan. At this time the church is not proposing any additional uses for the property. Staff recommends approval of the CUP amendment request, with the following conditions. CUP CONDITIONS: Section 1-General Conditions 1. This Resolution shall inure to the benefit of, and shall constitute a covenant running with the land and the terms, conditions, and provisions hereof, and shall be binding upon the present owner/permittee and any successor in title or interest, and shall be subject to each and every condition herein set out. City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 6, 2007 Page 10 2. Upon approval of this resolution the aforementioned property shall only be used for the purposes described herein. Any other proposed use shall be specifically authorized by amendment and approval of the City of Clermont City Council. 3. Construction and operation of the proposed use shall at all times comply with the regulations of this and other governmental agencies. 4. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building or structure, or alter the land in any manner within the boundary of the Property without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and City Code of Ordinances. 5. The property may be used as a Family Christian Center Church facility with educational programs including pre-school through 12th grade, a pastor's college, a public park, and a 44,000 square foot multi-use building. Five modular buildings may be permitted for classroom use. 6. Prior to the issuance of any permits, the applicant shall be required to submit formal site plans for review and approval by the City of Clermont Site Review Committee. The site plans shall show location of all proposed buildings, structures, picnic areas, and outdoor recreation areas as indicated in the Conditional Use Application. The site plans shall meet all submittal requirements and comply with the conditions of this Resolution, applicable City Codes, Regulations, Ordinances, and provide compliance with the adopted City Comprehensive Plan, as amended. 7. All applicable rules and regulations for development within the City shall be met, including but not limited to, final site plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks. All required landscaping must be served with a low volume, permanent irrigation system that must be properly maintained. The drainage and storm water retention requirements of the City and the appropriate regulatory agencies shall be met, and approved by the City Engineer. 8. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by resolution. 9. This permit shall become null and void if substantial construction work has not begun within one (1} year of the date of issuance of this Conditional Use Permit. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 6, 2007 Page 11 Section 2 -Physical Site Development 10. The applicant shall submit a detailed excavation, grading and erosion control plan for the site during the site plan review process which must be approved by the City Site Review Committee prior to initiation of development activity. 11. Noise levels during construction shall not exceed those recommended by the Florida Department of Environmental Protection. Any vibratory compaction shall be limited to the hours of 8:00 A.M. to 6:00 P.M. Monday through Saturday only. Vibrations shall be limited to avoid any damages to neighboring persons or properties. Heavy Equipment and normal work operations will be allowed on the site between the hours of 7:00 A.M. and 7:00 P.M. Monday through Saturday. Heavy Equipment or heavy machinery engines will not be started earlier than 7:00 A.M. on any approved work day. 12. Any excavated material shall be stored in a location approved by the City Engineer. 13. Geotechnical information regarding the soil characteristics of the site shall be submitted to the City as part of the Site Review process. 14. The permittee/developers shall provide both temporary and permanent grassing including fertilizer application on all disturbed areas. Grassing shall be provided in accordance with best management practices (BMP) of the U.S.D.A. Soil Conservation Service. 15. In areas where earth work requires filling/compaction, density tests will be conducted at a maximum of 2 foot intervals in order to prove compaction requirements. All disturbed soils shall be compacted to 95% density of modified proctor. 16. Any areas being modified to a slope of three (3) horizontal to one (1) vertical (3 :1), such as water retention areas, shall be sodded. Slopes greater than 3:1 shall be prohibited. 17. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. 18. The developer/permittee shall be responsible for the cost of all required on-site and off- site infrastructure improvements necessitated by impacts of the project. Connection to available City potable water and sanitary sewer shall be the responsibility of the permittee. 19. The property owner and applicant shall provide a thirty (30) feet wide utility easement for connection to City utilities near Brogden Road. The utility easement shall be provided the length of the subject property. Said easement shall be provided within ninety (90) days of formal grant by the City Council, prior to formal approval of the site plan, and prior to any form of development activity on the site. City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 6, 2007 Page 12 Section 3 -Transportation Improvements 20. The permittee/developer shall construct a sidewalk adjacent to U.S. Highway 27 in accordance with adopted City Code and Florida Department of Transportation (FDOT) Standards. The required sidewalk shall be provided within one (1) year after the completion of the Highway 27 widening project. Said sidewalk shall be constructed at a length and location as approved by the City Site Review Committee and the Florida Department of Transportation (FDOT). 21. The permittee/developer shall provide off-street parking and loading spaces in the following manner: (a) The initial church facility shall construct sixty (60) parking spaces of impervious material as required by City Code. (b) Fifty spaces may be approved as grass parking areas. All grass parking areas shall be maintained and be provided with concrete bumper stops for proper parking space delineation. (c) All said required parking and vehicular use areas shall be landscaped in conformance with adopted City Code. 22. Roadway improvement plans for US Highway 27 and the project site, including but not limited to, access drives, accel/decel lanes, turn lanes, traffic signalization devices, and internal signage and traffic. movement lanes shall be submitted to and approved, appropriately, by the City Site Review Committee and the Florida Department of Transportation. All transportation improvement related plans shall be submitted and approved prior to commencement of any development activity for any portion of the project. Project specific on-site/off-site transportation improvements consistent with identified project impacts will be the sole responsibility of the developer. 23. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. 24. A Florida Department of Transportation (FDOT) permit will be required and filed with the City for any activity proposed to occur along US Highway 27 right-of--way prior to issuance of development approval or permitting by the City. 25. The applicant shall be required to maintain swales and/or other acceptable erosion protection devices along US Highway 27, and/or other roadways (temporary or permanent) which are utilized for construction of the project and property. Said improvements shall be approved and inspected by the City Engineer prior to any development activity being conducted. Section 4 - Stormwater Management 26. Permeability tests must be submitted as part of the site plan review process. Permeability shall be maintained. City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 6, 2007 Page 13 27. Verification of the stormwater run-off data, assumptions and calculations shall be provided to, and approved by, the City Engineer prior to any development activity. Positive outfall for stormwater shall be provided as approved by the City Engineer. 28. A St. John's River Water Management District stormwater permit shall be required and filed with the City prior to receipt of a development permit or any development activity on the site. 29. Stormwater retention areas shall be constructed at a maximum relief 3:1 (H: V). The side slopes shall be sodded. All other areas being disturbed shall be stabilized with landscape and sod in accordance with adopted City Code. 30. Final disposition of stormwater outfall shall be as approved by the City Engineer. Section 5 -Site Improvements/Landscaping 31. All signage shall conform to adopted City Codes and Standards. 32. The developer\permittee shall maintain a minimum fifty (50) feet wide natural vegetative buffer from all abutting uses and along the southern most 500 +/- feet ofright-of--way adjacent to US Highway 27. A minimum five (5) feet wide vegetative buffer shall be established in accordance with adopted City Code along the northern 550 +/- feet of right-of--way adjacent to US Highway 27. Said buffer shall be indicated on the final approved site plan and landscaping plan approved by the City Site Review Committee. The northern US Highway 27 buffer and all required interior parking and vehicular use area landscaping shall be served with a permanent irrigation system, backflow prevention device, and rain sensor gauge. The required irrigation system and all dependant devices shall be properly maintained. 33. A site lighting plan shall be submitted and approved for the property. All lighting shall be designed, installed and directed to fall upon the subject site and not adversely impact abutting properties or US Highway 27 traffic. 34. The permittee shall contract solid waste (refuse) service and construct appropriate dumpster facilities in accordance with adopted City Code. All dumpster and other external equipment sites shall be enclosed with masonry structures with wooden gates. All such structures and appurtenances shall be landscaped in accordance with City code. Construction details and location of said structures shall be provided on development plans approved by the City Site Review Committee. 35. Architectural finish, building, and landscape design plans for the facility shall be submitted to and approved by the Site Review Committee prior to any development activity to ensure aesthetic and public safety considerations are not adversely impacted. City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 6, 2007 Page 14 Bruce Ellis, 10350 Carlson Circle, stated the reason for the change for the location is they wanted to consolidate all the buildings into one location. They want to build one kitchen which will service all of these buildings so they needed to bring them into one cluster. Commissioner Ash asked about the finished sanctuary and asked if there were going to be any modules. Mr. Ellis stated that was the original thought to put module units in but there will not be any modules. The classrooms will be included within the building. Commissioner Whitehead stated she liked the new layout. She asked that when the sanctuary is finished will it really hold about 5000 people. She also asked if some of the parking will be grass. Mr. Ellis stated yes the sanctuary will hold that many people. He stated that as they go through the phases they will start paving to make permanent roads and because it is a church and used once a week, a lot of the parking will be grass. They want to save as many trees and park around them if they can. Commissioner Holzman moved to approve the request; seconded by Commissioner Banzhaf. The vote was unanimous to recommend for approval to City Council. 4. REQUEST FOR REVOCATION OF CONDITIONAL USE PERMIT DEVELOPMENT NAME: Clermont Town Center OWNERS: Home Depot Sunner, Inc., Properties Ltd. USA, Inc., Lucas Clermont Limited Partnership, Wachovia Bank, Talal Properties Ltd. & Tarek REQUESTED ACTION: Revocation of Conditional Use Permit (Resolution No. 1239) GENERAL LOCATION: North of State Road 50 (aka Hwy 50), South of Hunt Trace Blvd., East of Oakley Seaver Dr. and West of Citrus Tower Blvd. EXISTING ZONING: C-2 (General Commercial) EXISTING LAND USE: Commercial FUTURE LAND USE DISTRICT: Undeveloped District 5 (UD-5) City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 6, 2007 Page 15 FUTURE LAND USE CLASSIFICATION: Commercial The City staff is requesting the revocation of the existing Conditional Use Permit (CUP) for the Clermont Town Center. The installation of a traffic signal device at the intersection of Oakley Seaver Drive and S.R. 50 was required according to the terms of the CUP, Section 3 - Transportation, number 4. The developer, Don M. Canto Organization did not install or contribute to the installation of the traffic signal. The Clermont Town Center was developed by Don M. Canto Organization, of which Lucas Clermont Limited Partnership is listed as the current owner (Canto Clermont Corp. is a partner). The Clermont Town Center was first approved for a CUP on January 27, 1998 by Resolution No. 986. There have been four amendments, the last of which was approved by Resolution No. 1239 on February 26, 2002. The permittee, Don M. Canto Organization, through Representative Mark Sneed, signed and thereby agreed to each and every condition of the CUP. The developer of Oakley Plaza to the west had a requirement within their CUP that the signal at the intersection of SR 50 and Oakley Seaver Drive had to be operational in order to obtain specific certificates of occupancy. The Clermont Town Center developers (Canto) had not completed the required installation of the traffic signal on their own prior to the Oakley Plaza development. The Oakley Plaza developers prepared a cost share analysis for all affected property owners which bordered the corner. The Oakley Plaza developer also paid the initial fees to FDOT for the preparation and installation of the signal. All property owners participated in the payment and installation of the signal, except Lucas/Canto. Lucas/Canto had sold off four portions of the Plaza, and Home Depot is the only owner which has paid its fair share ($21,319.86). The remaining shares of the traffic signal total $70,181.69. Total cost of the signalization project was $219,533.50 according to the Signal Funding Agreement. According to the Clermont Land Development Code, revocation of a CUP is covered under Chapter 86, Division 3. Conditional Use Permits, Sec. 86-146 (b), which reads as follows: (b) In the event of failure of the permittee to fulfill development in substantial accordance with the plans as submitted to the planning and zoning commission and the city council, comply with the codes of the governmental agencies having lawful and appropriate jurisdiction thereon, or meet any of the terms of the conditional use permit, the permit may be revoked after due public hearings before the planning and zoning commission and the city council. Because the developer of the Clermont Town Center did not install or contribute their share, and the remaining owners within the development have not contributed to the installation of the traffic signal at Oakley Seaver Drive and S.R. 50, staff recommends approval of the Revocation of the Conditional Use Permit, Resolution No. 1239 for the Clermont Town Center. City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 6, 2007 Page 16 This item was postponed at the beginning of the meeting. Mr. Hitt asked the Commissioners if they have a Land Development Code that is within one year old. He stated that we need to order 8 new Land Development Code books. There being no further business the meeting was adjourned at 8:10. a ,Chairman ATTEST: Rae hidlow, Administrative Assistant