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01-02-2007 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION January 2, 2007 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday January 2, 2007 at 7:00 p.m. by Chairman David Pape. Members present were Nick Jones, David Outlaw, Sy Holzman and Elwood Treadwell. Peter Geigel and Bill Banzhaf were not present. Also in attendance were Jim Hitt, Planning Director, Barbara Hollerand, Planner, Daniel Mantzaris, City Attorney and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held December 5, 2006 were approved as written. REPORTS There were no reports. 1. REQUEST FOR CONDITIONAL USE PERMIT OWNER/ APPLICANT: Hancock Fifteen, LLC PROJECT NAME: Hancock East Business Center REQUESTED ACTION: A request for a CUP to allow for a business center development with Professional Office and Commercial with more than 20,000 square feet and shared parking. EXISTING ZONING: PUD SIZE OF PARCEL: 9.86 acres +/- GENERAL LOCATION: East of Hancock Rd., South of S.R. 50 and North of Hooks St. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District 6 (UD -6) FUTURE LAND USE CLASSIFICATION: Commercial Planning Director Jim Hitt stated the applicant requests a Conditional Use Permit to allow for a retail/professional office and commercial center of up to 95,000 square feet. The development is located east of Hancock Road, south of S.R. 50 and north of Hooks Street right-of-way. The proposed development will consist of 9.86 acres with individual office and commercial buildings surrounded by one common parking area. The uses will be compatible with the C-2 zoning City of Clermont MINUTES PLANNING AND ZONING COMMISSION January 2, 2007 Page 2 district, and as outlined in the development agreement (Exhibit "A") between Hancock Fifteen, LLC (Owner/Applicant) and the Hills of Clermont Homeowners Association. Mr. Hitt stated that this CUP was heard at the November 7th Planning and Zoning meeting. Due to the applicant wanting to add Commercial to the property we have readvertised and are now rehearing the CUP. The uses will be compatible with the C-2 Zoning District as outlined in the development agreement which is under attachment A between Hancock Fifteen, LLC and Hills of Clermont Homeowner's Association. This agreement follows what uses are permitted in the C-2 Zoning District however it does exempt a few things that are more intense that the Homeowner's Association did not want to have next to their development. As part of the conditional use permit conditions, the applicant is requesting the project be phased, and construction of Hooks Street be completed as follows: ➢ Hooks Street shall be constructed from Hancock Road to the east boundary of Phase 1 (including any entrances) before any certificates of occupancy are issued for Phase 1. ➢ Hooks Street shall be constructed from the east boundary of Phase 1 to the east boundary of Phase 2 (including any entrances) before any certificates of occupancy are issued for Phase 2. The area surrounding the subject property has continued to undergo changes with the development of commercial and office uses south of Highway 50, as well as continued population growth in the South Lake County area. The subject property meets the Land Use criteria for commercial development, and the proposed use is compatible with the surrounding uses. Staff recommends approval of the Conditional Use Permit for the proposed professional office/ shopping center. Commissioner Outlaw stated there was a concern about the Developer's Agreement being signed and in place which wasn't the case at the time of the November meeting. Mr. Hitt stated the Developer's Agreement is part of the CUP now. There were no further comments from the applicant, audience or the Commission. Commissioner Holzman moved to approve the request; seconded by Commissioner Jones. The vote was unanimous to recommend for approval to City Council. 2. REQUEST FOR CONDITIONAL USE PERMIT DEVELOPMENT NAME: Home Depot City of Clermont MINUTES PLANNING AND ZONING COMMISSION January 2, 2007 OWNER: APPLICANT: REQUESTED ACTION: GENERAL LOCATION: EXISTING ZONING: EXISTING LAND USE: Page 3 Home Depot USA, Inc. Home Depot USA, Inc. A request for a Conditional Use Permit to allow a retail store over 20,000 square feet. 1530 E. State Road 50 (in the Clermont Town Center) C-2 (General Commercial) Commercial FUTURE LAND USE DISTRICT: Undeveloped District 5 (UD -5) FUTURE LAND USE CLASSIFICATION: Commercial Planning Director Jim Hitt stated the applicant is requesting a conditional use permit for a retail store over 20,000 square feet. The development consists of a Home Depot home improvement store consisting of a 129,748 square foot building (94,870 sq. ft. building, 2,918 sq. ft. vestibule, and a 31,960 sq. ft. garden center). The site is approximately 9.95 acres and is within the Clermont Town Center, which is located on the northeast corner of State Road 50 and Oakley Seaver Drive. The site is fully developed and was part of the Conditional Use Permit which was approved by Resolution No. 1128 and amended by Resolution No. 1235. These CUPs contained variances for the building square feet, and a reduction in parking from 649 down to 645 for the overall site. All other conditions and variances, per these CUPs remain in effect for the overall Clermont Town Center site. There are two variances associated with the proposed project: 1. Parking space reduction of 17 spaces, to be used for outside delivery and storage. 2. Ten foot high screen wall for outside storage in the rear of the building. Home Depot is part of the Clermont Town Center CUP and had specific conditions placed on the home improvement center. Many of these conditions have been found to be restrictive in nature for the overall operations of the business. Home Depot has requested this new CUP to help address these conditions and permit more flexibility for operations on the exterior of the site. Specific conditions and locations for specific operations are part of this new CUP. City of Clermont MINUTES PLANNING AND ZONING COMMISSION January 2, 2007 Page 4 At this time, there is an active Code Enforcement Case which is a direct result of the restrictive conditions of the original CUP. It is Home Depot's intent to complete the requirements of this new CUP in order to avoid further code enforcement fines being accumulated. Staff recommends approval of the requested Conditional Use Permit. Chairman Pape asked if the applicant was present. James Johnston, with Gray Robinson, P.A., 301 E. Pine St. Orlando, stated he was there representing the applicant. He said they have come up with an agreement that Home Depot and the City that will work for all parties and that they are in agreement with Staff and the conditions that they have attached. Chairman Pape asked if anyone in the public had any questions or comments. There were no public comments. Commissioner Outlaw asked if the tool rental area was going to be included in this CUP. Mr. Hitt stated it would be included in the CUP and will have to be screened from view with ornamental screening material approved by the City of Clermont. The current fence was not permitted and will have to be removed. Commissioner Holzman asked about the Code Enforcement fines against Home Depot. Mr. Hitt stated that if the CUP gets approved it will stop the fines at that point in time. Mr. Mantzaris stated it will not wipe out the fine, but would stop it from accruing any further. Commissioner Outlaw asked what definition would refer to seasonal displays. Mr. Hitt stated that any seasonal display or tent permit shall be in accordance with applicable City of Clermont approval process. Right now you can have one permit per year for up to thirty days. If they want to do any more than that they would have to come in for a Variance. In any case if they want to do any type of permit to do this for over a three day period they do have to ask City Council for approval. Commissioner Outlaw asked what is considered outdoor display? Mr. Hitt said it is only one time a year so it is whatever season they want, which for these businesses are typically Christmas trees. City of Clermont MINUTES PLANNING AND ZONING COMMISSION January 2, 2007 Page 5 Commissioner Outlaw stated there is a history in writing that the code enforcement issue was a result of a request from 2005. He has a problem with this being attached to this CUP as a justification for the application. Mr. Johnston stated it is not a justification, it is because the code enforcement case stemmed from a violation of the existing Conditional Use Permit. The store outgrew the current Conditional Use Permit. The store was charted to do a certain amount of business and it has out performed that so some of the conditions in the original Conditional Use Permit have been outgrown. He said what they have come back with is a template of what was approved for Lowes. Commissioner Outlaw stated he does not want to see this to be a justification for the fines to be waived. Mr. Johnston stated the plan is to get through this process and they know they will have to go back and address the existing code enforcement fines. Commissioner Holzman moved to approve the request; seconded by Commissioner Treadwell. The vote was unanimous to recommend for approval to City Council. 3. REQUEST FOR CONDITIONAL USE PERMIT OWNER/ APPLICANT: Sandy Carpenter REQUESTED ACTION: A request for a CUP for a retail /professional office building to be larger than 3,000 square feet. EXISTING ZONING: CBD (Central Business District) SIZE OF PARCEL: 0.34 acres +/- LOCATION: Lot 9 and 10, Block 57 Montrose St. EXISTING LAND USE: Vacant 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 professional office and retail building located on a vacant parcel on Montrose Street. Per city code, a building that City of Clermont MINUTES PLANNING AND ZONING COMMISSION January 2, 2007 Page 6 exceeds 3,000 square feet and is constructed within the Central Business District is required to obtain a conditional use permit. The development plan consists of a two story building with approximately 7,400 square feet to be used for office and retail use. Parking will be constructed to the rear of the building and will accommodate the required number of parking spaces. Staff recommends qpproval of the request to allow a Professional Office / Retail building with more than 3,000 square feet in the Central Business District located at Lot 9 and 10 Block 57 Montrose Street. Chairman Pape asked if there were any questions or comments. There were no comments from the audience, applicant or Commission. Commissioner Outlaw moved to approve the request; seconded by Commissioner Holzman. The vote was unanimous to recommend for approval to City Council. 4. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Mike French APPLICANT: Bret Jones REQUESTED ACTION: A request for a Pub/Lounge within the Central Business District. EXISTING ZONING: SIZE OF PARCEL: LOCATION: EXISTING LAND USE: CBD (Central Business District) 3,400 square feet +/- 794 W. Minneola Ave. Restaurant (Chef's Table) 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 (Chef's Table). In May of 2000 the current owner obtained a conditional use permit (Resolution No. 1126) to operate a City of Clermont MINUTES PLANNING AND ZONING COMMISSION January 2, 2007 Page 7 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 a pub/lounge operation in Central Business District located at 794 W. Minneola Ave. Brett Jones, 700 Almond St., stated the Chef's Table is moving and the clients would like to operate a Pub at the same location. The building would not change in size or the intensity and the parking would not be affected. Commisioner Holzman asked if they would be serving lunch and dinner from that location. Mr. Jones stated they would be serving cheese/fruit plates and microwave items but not serving food. Commissioner Holzman moved to approve the request, seconded by Commissioner Jones. The vote was unanimous to recommend for approval to City Council. REQUEST FOR REZONING Ordinance No. 572-M, Rezoning OWNER / APPLICANT: Jose Sierra REQUEST: To rezone the subject property from UE Urban Estate to C-1 Commercial LOCATION: East side of U.S. 27, north of Hartwood Marsh Road, south of Kings Ridge Blvd. SIZE OF PARCEL: 0.86 acres +/- EXISTING LAND USE: Former fruit stand FUTURE LAND USE DESIGNATION: Lake County Urban Expansion EXISTING ZONING: Urban Estate City Planner Barbara Hollerand stated the subject property is a 0.86 -acre tract located on U.S. 27 and surrounded by the Kings Ridge development. The property is currently zoned Urban Estate City of Clermont MINUTES PLANNING AND ZONING COMMISSION January 2, 2007 Page 8 (UE) and city utilities are available. Since all annexed properties enter the City with UE Urban Estate Residential zoning, the applicant is requesting a rezoning to C-1 Commercial. Prior to annexation, the property had a County zoning of C-1. The applicant/owner anticipates razing the existing structure and building a commercial building. The existing County Future Land Use for this area supports commercial uses, and C-1 zoning is complementary to the surrounding uses. Staff recommends approval of the request for rezoning to C-1 commercial. Chairman Pape asked if they would responsible for the access road that goes behind the property or are they going to have access off of Highway 27. Ms. Hollerand stated the applicant does not have a site plan yet so that has not been addressed. Commissioner Jones moved to approve the request, seconded by Commissioner Holzman. The vote was unanimous to recommend for approval to City Council. There being no further business the meeting was adjourned at 7:47. \� 1 J D hairman ATTEST: Rae Chidlow, Administrative Assistant