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11-07-2006 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION November 7, 2006 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday November 7, 2006 at 7:01 p.m. by Chairman David Pape. Members present were Nick Jones, Bill Banzhaf, David Outlaw, Peter Geigel, Sy Holzman and Elwood Treadwell. 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 October 3, 2006 were approved as written. REPORTS There were no reports. 1. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Hills of Clermont OWNER: Woody Wallace APPLICANT: Woody Wallace REQUESTED ACTION: A request to amend Resolution No. 1241 to change the allowable use of a parcel from residential to professional office/ commercial. EXISTING ZONING: PUD (Planned Unit Development) SIZE OF PARCEL: 138.2 acres +/- (Parcel 2, 15.5 acres) LOCATION: North of Hooks St. and east of Hancock Rd. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Un-Developed District 6 (UD-6) FUTURE LAND USE CLASSIFICATION: Commercial City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 7, 2006 Page 2 This request was introduced by Planning Director, Jim Hitt who stated that the applicant intends to amend the existing Planned Unit Development to allow for professional office and commercial use in a location currently zoned for residential by the existing Planned Unit Development. The 15.5 acre parcel is located just north of the undeveloped section of Hooks Street and just east of Hancock Rd. In July of 2006 the parcel received an approved future land use designation of commercial. This designation would allow the requested professional office use the applicant is requesting. Mr. Hitt stated that with the Future Land Use classification of commercial, staff recommends approval of the request to allow for professional office use this 15.5 acre parcel associated with the Hills of Clermont PUD. Chairman Pape asked if the applicant was present. Chairman Pape asked if the public had any responses, there were none. Commissioner Holzman stated he had a concern about one of the reasons this was zoned a multi- family parcel was to provide a transition from single family home development to commercial. He feels there needs to be a buffer on the Southern piece being there is a housing development on Hooks St. He stated they should find out what the home owner's thoughts are about this project. Mr. Hitt stated that the applicant has been in contact with the subdivision. Guy Bouchard, 11210 Crescent Blvd., stated that they met with the Home Owner's Association to come up with a compromise so that the use would benefit both parties. He stated that they must be happy with the agreement they came to being they were not at the meeting. Roger Pierce, with Gator Sketch Architects, stated they are the Architects working for this project and wanted to address Commissioner Holzman's concern about the relationship with the various land uses which pertain to Hills of Clermont and Highway 50. Mr. Pierce said that they spent quite a bit of time dialoguing to the Home Owner's Association and through that dialogue they received a sense of what a group of home owners were looking for as well as what their needs were for developing the project. All buildings will be one-story in size which will give it a residential feel. They will be designed in a manner that they will reflect a modern approach to Spanish style architect which is somewhat prevalent to the architect style throughout the neighborhood. Mr. Pierce stated they have spent a lot of time addressing the issue to keep it in scale with the area. Commissioner Outlaw asked if this was the property East of Hancock and are they going to follow that same style on the West side of Hancock. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 7, 2006 Page 3 Mr. Pierce said no the West side of Hancock will be different architect. It will be retail and it will be more of a commercial design. Mr. Hitt stated he would like to point out the distance from Hooks Street to the buildings to the Northern side of Hooks Street is 75 feet plus the set back will be 100 feet so there will be 175 feet distance between those versus having homes that were on the original plan directly butting the road. Commissioner Geigel asked when the Commission heard this last. Commissioner Outlaw stated about nine months ago. Commissioner Geigel asked what changes have been made, if they are not multiple or different projects then it seems like they would be the exact same thing but you want to change the zoning from Residential to Commercial. Commissioner Pape stated that it is more intended commercial at that point they were proposing a big box versus the project now. Mr. Hitt said that primarily they are going off the cooperation of the applicant and extended to the regards of the neighbors. The more intense commercial would be less of an impact than a towering multi-family unit. The office park being one-story actually provides a better transition than the multi-family unit. Commissioner Holzman moved to approve the request; seconded by Commissioner Banzhaf. The vote was unanimous for approval. 2. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Hancock East Business Center OWNER/ APPLICANT: Hancock Fifteen, LLC PROJECT NAME: Hancock East Business Center REQUESTED ACTION: A request for a CUP to allow for a Professional office center with more than 20,000 square feet and with shared parking. EXISTING ZONING: PUD SIZE OF PARCEL: 15.5 acres +/- City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 7, 2006 Page 4 GENERAL LOCATION: North of Hooks St east of Hancock Rd. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Un-Developed District 6 (UD-6) FUTURE LAND USE CLASSIFICATION: Commercial This request was introduced by Planner Curt Henschel who stated that the applicant is requesting for a Conditional Use Permit to allow for aretail/professional office center of up to 95,000 square feet and with 3 out parcels. The development is located at the north east quadrant of Hooks St. and Hancock Rd. The proposed development will consist of 15 individual office buildings surrounded by one common parking area. The 11 acre office complex portion of the development will only be permitted have professional office uses while the 4.5 acre out parcels portion will be permitted commercial use compatible with the C-2 zoning district. As part of the conditional use permit, staff is recommending that Hooks Street shall be constructed to the eastern boundary of the project. The applicant is requesting the project to be phased and not be required to construct Hooks St. prior to the first certificate of occupancy being issued. Staff is very concerned that traffic issues could arise and Hooks Street will play a vital roll in traffic control in and out of the site. Section 3, #3 states that Hooks St. shall be constructed from Hancock Rd. to the eastern property line of the project. Mr. Henschel stated that 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. Mr. Henschel stated that staff recommends approval of the Conditional Use Permit for the proposed professional office/ shopping center. Commissioner Pape asked if the applicant was here to speak. David Wallace, 17532 Cobblestone Lane, stated that if Hooks St. were to become attached to this project this project would sit for a number of years to get the engineering completed, the bidding done and the whole process that is required. Looking at the parcel they are constructing 1200 feet or twice the length of the road and letting it dead end right there until the next guy comes in, there just is no benefit to that. The benefit is that by the project moving forward the tax payment on the property is probably about $26,000 today. Secondly the impact fees, road transportation fees that they will be paying to build this light will be a several hundred thousand dollar figure so they feel like that contribution should more than take care of their contribution to this road. We City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 7, 2006 Page 5 don't want to be just limited to, on the back side of this project, professional because they may not find enough lawyers and CPA's to fill up that space. Mr. Wallace also stated that they have a signed agreement with the Home Owner's Association and their guidelines are in that agreement. Commissioner Pape asked if the fees are simple use development or are they rented property. Mr. Wallace stated that has not yet been determined. Commissioner Holzman stated he was concerned about Hooks Street and whether there are two accesses, one on Hooks Street and one on Hancock. If you don't do Hooks Street then at some point you will have everyone coming in and out of one point. Traffic can get backed up from Highway 50 waiting for the light to change. Mr. Wallace stated they do have two access points from Hancock, one from the center of the property and one from the extreme North so there are two opportunities to get to Hancock Rd. The one from the extreme North is a full medium cut. Commissioner Pape asked what the Uses for the out parcels are. Mr. Wallace stated what ever could go there. When someone comes along and wants to buy a lot or all of the lots then they are in the market to develop it. They want the flexibility that we all agreed to, to have an out to another Use. Commissioner Outlaw stated they need to ask Staff the question why are we letting the expense of Hooks St. on this one particular piece of this entire PUD. Mr. Hitt stated the requirement for putting in Hooks St. as a perimeter road going essentially to Highway 27 all the way to this perimeter this will eventually continue on. The other developers will meet the same requirements for Hooks St. to be put in. There are different impact fees that can be applied to work Hooks St. They have talked to the County and they will have an interest in Hooks St. being put in. You can make a recommendation as part of Council's motion for a funding mechanism to be put in place or to look at in regards to putting in Hooks St. as part of zoning or a recommendation to Council that the Staff works with the developer to come up with an agreement for putting a portion of Hooks St. in or one side of it. Commissioner Outlaw stated that until it is built it is going to need some stub out to access his property. I am not opposed to a formula for escrow or bond right now and then put it in the ground when construction is necessary. So we have the confidence that it is going to be done when construction is needed. That might be a mechanism to put in agreement rather than saying put the road in now before the first building goes in. Chairman Pape stated to make a note to go over these recommendations. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 7, 2006 Page 6 Commissioner Outlaw asked if it is Staffs recommendation that this property be responsible for the entire length of Hooks St. Commissioner Outlaw said he strongly feels we should in their motion to incorporate the value of Hooks St.; whatever value that is appropriate be bonded so we have assurance the money is available when needed. City Attorney Mantzaris stated that they are trying to formulate a funding mechanism for a road that you have no cost on. Commissioner Outlaw stated to use today's dollars. City Attorney Mantzaris stated that today's dollars will end up with the tax payers paying the balance. The other issue is the transportation impact fees will be credit towards the improvement cost so you can leave that out of whatever motion you make because whatever they do they will receive credit back for the transportation impact fees. Looking at some other cost sharing by some other entity is what you want to try to put into your motion. Sounds like you don't want the whole burden to be put on this one development. Commissioner Outlaw stated he is not opposed to them picking up the whole tab he just doesn't think it is fair the way this thing has been brought forward. Chairman Pape stated to raise the issue to Council since they will make the final decision anyways. He stated by Mr. Wallace's admission that they have no idea if they are selling or renting or both, he does recommends they require a Business Owner's Association be established previous to building so everyone is protected when they come aboard. Chairman Pape asked if anyone from the audience would like to speak about this issue. There were none. Commissioner Geigel stated the planning department needs a master plan to look at road layout, where are we going with this and who is doing Hooks St. He wants to know where it is going to end up and what does it tie into. Commissioner Outlaw asked if there is still the huge map that showed the aerial of the future plan of the city with the roads being laid out. Mr. Hitt stated that Hooks St. plans right now is to go over to Hartwood Rd., eventually will go on down to Hartwood Marsh. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 7, 2006 Page 7 Chairman Pape stated that the motion be approve the application with noted concerns to be brought forward to Council. Commissioner Outlaw stated noted concerns pertaining to Hooks St. Commissioner Outlaw moved to approve the request; seconded by Commissioner Banzhaf. The vote was unanimous for approval. 3. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Wake Board Camp OWNER: R & C Joint Ventures, Inc. APPLICANT: Bret Jones REQUESTED ACTION: A Conditional Use Permit (CUP) request for a boarding house/wakeboard camp within the Central Business District. EXISTING ZONING: CBD (Central Business District) SIZE OF PARCEL: I acre +/- LOCATION: 857 W. Osceola St. EXISTING LAND USE: Wood framed residential building. FUTURE LAND USE DISTRICT: Established Business District - (EBD-1) FUTURE LAND USE CLASSIFICATION: Central Business District - (CBD) This request was introduced by Planner Curt Henschel who stated that the applicant intends to establish a new residential boarding house, and relocate the existing Wakeboard Camp to 857 W. Osceola St. Currently at 857 W. Osceola there is a dilapidated two story building that the applicant intends to demolish and reconstruct a new boarding house for the Wakeboard Camp. The applicant intends to house 4 to 6 students for wakeboard training. The typical student will spend approximately one week at the camp and is picked up and dropped off by the camp owners. The former owner of the wakeboard camp has sold the wakeboard camp business to the applicant who is looking to upgrade and revitalize the business. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 7, 2006 Page 8 Mr. Henschel stated the staff recommends approval of the request to allow a boarding house / dormitory operation in association with the wakeboard camp at 857 W. Osceola Street with the following conditions as listed below. Chairman Pape asked if the applicant was present. Brett Jones, 700 Almond St., stated that what they would like to do is demolish the structure, put buffer around the perimeter, and have all the required parking per code. Commissioner Holzman asked if the parking going to be paved or grass. Mr. Jones stated it would be paved. Commissioner Holzman mentioned concern about water rushing from property down to the funeral home. Mr. Henschel stated that it is in site plan review right now and they will require all rain water to be contained on their site. Commissioner Geigel asked if the blue building is currently being occupied. Mr. Jones stated that at this time it is currently unoccupied. Commissioner Geigel stated he was there for about an hour and watched traffic go in and out of that house, he is assuming it is Wake Board students carrying backpacks and duffle bags. Mr. Jones stated he hadn't been down there. Chairman Pape asked if they would be demolishing it. Mr. Jones stated that the current building will be demolished. Commissioner Banzhaf stated he knows the owners of the project and he was leasing space from a building across street, but he owns the blue building. Commissioner Jones asked if there would be a manager on site. Commissioner Banzhaf stated he was not sure about someone living there. Mr. Jones stated that there is space for an office there, but he doesn't think someone would be staying overnight. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 7, 2006 Page 9 Chairman Pape asked if there were any further concerns. Commissioner Holzman moved to approve the request; seconded by Commissioner Treadwell. The vote was unanimous for approval. 4. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Clermont Landing OWNER: I-4 Howland Investments APPLICANT: TMI -Epic Theaters -Scott Gentry P.E. PROJECT NAME: Clermont Landing /EPIC Theaters. REQUESTED ACTION: A Conditional Use Permit for a Planned Unit Development. The proposed development will consist of a retail shopping center and a sixteen screen movie theater. EXISTING ZONING: SIZE OF PARCEL: C-2 (General Commercial) 61 acres +/- GENERAL LOCATION: South of US 50, East of US HWY 27 ~ north east corner of Highway 27 & Steve's Road. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District - 2 (UD-2) FUTURE LAND USE CLASSIFICATION: Commercial Planning Director, Jim Hitt introduced this request by saying that the applicant is requesting to allow a mixed use commercial Planned Unit Development with a retail shopping center and six out parcels for various restaurants and similar commercial uses along U.S. 27. The retail area proposed will occupy approximately 288,000 square feet. Additionally, the development is proposing a 2,500 seat, 16 screen movie theater. The commercial area to be developed is approximately 61 acres. The development will be phases for construction with the first phase consisting of the retail shopping center, and the second phase consisting of the movie theater. The applicant will also be requesting four variances which include the following: City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 7, 2006 Page 10 • Cut and fill in excess of 15 feet. • Parking space reduction • Additional signage for movie poster display • One building over 100,000 sq. ft. Mr. Hitt stated that with the recent commercial growth within the area, staff believes this area is appropriate for this type of development and recommends ~proval of the Conditional Use Permit to allow a Planned Unit Development including a shopping center and a movie theater at the proposed location. Chairman Pape asked if the applicant was present. Scott Gentry stated they would like to move forward again. Chairman Pape asked if there were anyone from the public who would like to speak. Robert Crego, 402 W. Minnehaha Ave., spoke. (Recording was indistinguishable) Mr. Hitt stated there was 288,000 square feet with the out parcels. Mr. Crego mentioned concern about the frontage road. Chairman Pape stated they will all be interested in the ingress and egress issues. Mr. Hitt stated it would be 341,000 square feet without the out parcels. This is just something that in the event the developers break the DRI threshold obviously it would stall the project right away. Chairman Pape asked if you have to value square footage, to value the maximum on those out parcels for those calculations. Mr. Hitt stated that was correct. Chairman Pape said they are not calculated in our figures. He asked if all this will be ironed out. Mr. Hitt stated it was in site plan review process and all would be ironed out by the square footage. Chairman Pape stated that it was an interesting proposition that Mr. Crego brought up about the frontage road. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 7, 2006 Page 11 Mr. Hitt stated that there is no other frontage road. There is a frontage road, if you want to call it that, you have the entrance road and the main frontage road going all the way across through and another frontage road in front of the shopping center. Jane (last name indistinguishable), with Collins & West, was representing the Clermont Area Residents for Reasonable Growth. Chairman Pape asked who the chairman of the organization is. He also asked if it was a filed organization. Jane stated it was a loosely organized group. She brought up issues pertaining to the DRI and that the two parcels are being shown as one. She read Statute 380. City Attorney Mantzaris asked for a copy of the plan she was referring to. Mr. Crego stated that same plan was shown as one project through Weingarten. Mr. Hitt stated that in regards to the comprehensive plan amendment we backed out the additiona130 acres that was added on to this particular project. In the amendment we have kept it within the guidelines of the Community Affairs and we have an agreed upon action item in regards to address to transportation concerns. Our adoption process is coming up in the next couple weeks. Chairman Pape asked if he has advised them of the total amount. Mr. Hitt stated no because primarily we have one development, not two. They are owned by two separate entities. We do not know if they are going to be developed by the same person. If they are then they will trigger the DRI threshold. Mr. Gentry stated that he would like to confirm what Mr. Hitt said and we are only moving forward on the one site. Chairman Pape asked if they are being marketed as one project. Mr. Gentry stated that he had put the two sites together because everybody including the City and the County wanted to know how the property would line up and how everything would work together. Commissioner Banzhaf had concerns about the City not having the whole comprehensive plan. This has come before Council numerous times this past year and again it still seems incomplete. This plan is a lot better than the last one, but there are still a lot of concerns. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 7, 2006 Page 12 Commissioner Geigel asked how this is different from the one we discussed earlier. This one pertaining to Steve's Rd. Mr. Hitt stated that the developer will be putting in Steve's Road all the way up to Hwy. 27 over to Citrus Tower Blvd. Commissioner Geigel stated that in Section 4 #5 states that it shall be constructed. Commissioner Holzman asked shall be constructed by whom. Mr. Gentry stated that the language would be worked out. They would be getting an agreement with Lake County to develop that road. Commissioner Outlaw read part of the old CUP pertaining to there not being a center cut shown on Highway 27, and there will not be a secondary entrance to the East off Steve's Rd. Mr. Gentry stated that at the time they did not have the full development. Commissioner Outlaw asked if the plan was to lease the lot to JC Penny. He asked how many parking lots are assigned to them. Mr. Gentry stated that by code it is 515. Frank Demarsh, S. Lake Blvd. Deland, explained the parking situation. Mr. Hitt stated that if all parking were to be put in they would be to code. With this type of layout with having the parking being more centered around the theater itself. The language is in the CUP so that there is a means to add additional parking they can do that. Chairman Pape asked what triggers if JC Penny buys the out parcel. Will they be accountable for the additional parking requirements if needed down the road? Mr. Hitt stated no it is the overall development itself. JC Penny may have their own parking, but the management of the complex itself is responsible for putting in the additional parking. City Attorney Mantzaris stated that who ever operates on the dirt that the CUP pertains to is subject to it. If they're compliant we can revoke the CUP and they have to shut down. Commissioner Geigel moved to approve the request, seconded by Commissioner Treadwell. The vote was 6-1 for approval with Chairman Pape opposing. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 7, 2006 Page 13 There being no further business the meeting was adjourned at 8:30. ATTEST: Rae Chidlow, Administrative Assistant ,~ Davi ~ h rman