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09-05-2006 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION September 5, 2006 Page - 1 - The meeting of the Planning & Zoning Commission was called to order Tuesday September 5, 2006 at 7:00 p.m. by Chairman David Pape. Members present were Sy Holzman, Nick Jones, Bill Banzhaf, Peter Geigel and David Outlaw. Elwood Treadwell was absent. Also in attendance were Jim Hitt, Planning Director, Curt Henschel, Planner, Daniel Mantzaris, City Attorney and Denise Noak, Deputy City Clerk. MINUTES of the Planning and Zoning Commission meeting held August 1, 2006 were approved as written. REPORTS 1. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Mercator Properties/ Bob Shakar APPLICANT: Susan Cipriano REQUESTED ACTION: To allow for a pet boarding/grooming facility. EXISTING ZONING: M-1, Industrial. LOCATION: 1289 Commons Court in Clermont Commons Industrial Center. EXISTING LAND USE: Vacant Structure. FUTURE LAND USE DISTRICT: Undeveloped District 5, (UD-5) FUTURE LAND USE CLASSIFICATION: Industrial. This request was introduced by Planner Curt Henschel who said that the applicant is proposing to lease 3,750 square feet within the Clermont Commons Industrial Center. The proposed business will offer pet services including grooming, boarding, retail sales, and baked goods for dogs and cats. The applicant proposes a total of 33 kennels to offer housing during business house or on an overnight basis. The applicant also proposes to have an indoor exercise area where dogs will be supervised at all times. Other components of the business will be a grooming service, retail sales of pet supplies, and personalized baked pet treats. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 5, 2006 The parcels surrounding the property are zoned M-1 and are currently being occupied by industrial businesses with the exception of the parcel to the west, which is residential property within the City of Minneola. Staff recommends approval of the request. Chairman Pape asked if the applicant was present and wished to speak. Applicant Susan Cipriano, Orlando, Florida, asked for Commission approval and added that the facility would be upscale, containing an indoor play area with supervision at all times, and offering home-made dog treats. Chairman Pape asked if there was anyone in the public who wished to speak. There was no one. Commissioner Jones inquired as to the location of the fenced area. Susan Cipriano indicated where it would be behind the building and that it would be incorporated into the lease. Commissioner Holzman asked if someone would be present at the facility overnight. Susan Cipriano said that there would not be anyone present, but would be monitored by Brinks and she could put in cameras. Commissioner Holzman expressed concern over potential noise and overnight boarding. Susan Cipriano responded that the dogs would be in an enclosure in their own room and others with this type of business set-up do not experience noise problems and there will also be a sound buffer. Commissioner Holzman inquired as to the method of cleaning any incidents. Susan Cipriano indicated that cleaning would occur immediately using a hospital grade sanitizer. Commissioner Jones moved to approve the request; seconded by Commissioner Geigel. The vote was 5 to 7 for approval with Commissioner Holzman opposed. 2. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Bill W. Campbell APPLICANT: Marcia Huerta REQUESTED ACTION: To allow for the operation of a children's daycare facility. EXISTING ZONING: M-1, Industrial. 2 City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 5, 2006 LOCATION: 205 Hatteras Avenue, Clermont Commons. EXISTING LAND USE: Retail Building (Approx. 9,400 sq. ft.). FUTURE LAND USE DISTRICT: Un-Established District 5 - (UD-5). FUTURE LAND USE CLASSIFICATION: Industrial District. Planner Curt Henschel introduced this request by saying that the applicant proposed to occupy 3,750 square feet of building space available within Lot 13 in the Clermont Commons Industrial Center. The applicant is seeking the capability to handle up to 66 infantsltoddlers between the hours of 6:30 a.m. and 6:30 p.m. Monday through Friday. A staff of up to nine attendants will be available for supervision. A 900 square foot playground is also being proposed along the front of the building. Staff recommends approval of the request. Chairman Pape asked if the applicant was present. Applicant Marcia Huerta, 15349 Ponce de Leon Lane, asked that her sister, Ms. Ortiz speak on her behalf, as she is a partner. Ms. Ortiz indicated that there would be a play area and nine employees. Chairman Pape asked if there was anyone in the audience who wished to speak. There was no one. Commissioner Geigel referred to the picture of the structure and inquired as to the location of the play area. Owner Bill Campbell described the fence and the gates and advised as to the location of the gates. Commissioner Jones asked if there would be a conflict with the retention area. Bill Campbell stated that there would not be, it was out at Citrus Tower Blvd. Commissioner Holzman inquired as to the required notice being posted at the site as he had not noticed it posted. Planner Curt Henschel stated that he had been to the {ocation and the notice had been posted. Commissioner Outlaw inquired about the playground improvements and if it would require the removal of the existing trees. Planner Curt Henschel responded that the City's code regarding landscaping would be required to be followed. Commissioner Outlaw asked what the maximum age of the children would be. Maria Huerta responded no older than five years old. 3 City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 5, 2006 Commissioner Outlaw inquired if the fence height was adequate. Bill Campbell did not see that this was a problem. It was discussed that this would be something that the State would cover before approving the facility to open. Commissioner Holzman moved to approve the request, seconded by Commissioner Outlaw. The vote was unanimous for approval. 3 REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Lowe's Home Center, Inc OWNER: DeWitt Enterprises, Inc. APPLICANT: Lowe's Home Center, Inc. REQUESTED ACTION: To allow for the construction of a retail store over 20,000 square feet. LOCATION: Sandhill Commons on the south side of Highway 50, west of Oakley Seaver Dr., north of Hooks Street. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District 2 (UD-2). FUTURE LAND USE CLASSIFICATION: Commercial. This request was introduced by Planning Director Jim Hitt who stated that the applicant is requesting a conditional use permit for a retail store over 20,000 square feet. The development will consist on a Lowe's Home Improvement store consisting of a 171,069 square foot building (139,410 sq. ft. indoor retail portion and a 31,659 sq. ft. garden center). The site is approximately 15.3 acres and fronts on Sandhill View Blvd. and Sandy Grove Blvd. with the rear facing Hooks Street. The parcel is also sloped which creates grading issues throughout the 15 acres. Page - 2 - There are seven variances associated with the proposed project: 1. Parking space reduction (of 288 spaces) 2. Signage square foot increase. 4 City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 5, 2006 3. Building perimeter landscape reduction. 4. Overall building height increase to 48' from 45'. 5. To allow a retail building over 100,000 square feet. 6. Retaining/screen in excess of six feet (rear up to 10') 7. Retaining wall in excess of 6 feet (front up to 18') This site has been completely disturbed due to previous mining operations and has an elevation difference of 35 feet from the north along Sandy Grove Avenue starting at 195 feet, down to 178 feet along Hooks St. to the south. Staff recommends approval of the request. Planning Director Jim Hitt referred the Commission to the minor change that had been provided to them regarding the deferred parking being evaluated six months into operation. Chairman Pape asked if the applicant was present. Becky Furman with Lowndes Drosdick Doster Kantor & Reed, 215 N Eola Drive, Orlando, Florida, explained that the move to this location is one which they believe is more appropriate for the project. She covered the deferred parking area as being purchased in the event the City felt in the future that the need exists. Should the City determine that there would not be a need, they would return to the Commission and request this be removed from the CUP. Currently they would grass it and landscape it. They felt it was better to ask for this exemption for impervious surface purposes. The outdoor storage area was shown and the wall between the road and back of building along with the landscaping was reviewed. Becky Furman requested having a food vendor be approved, as they will limit this to only one vendor for limited hours. Chairman Pape asked if there was anyone in the public who wished to speak about this request. There was no one. Commissioner Jones asked Planning Director Jim Hitt the status of the work on Hooks Street. Planning Director Jim Hitt stated that the County is trying to finish the project, however they ran into difficulties due to the road being dug too deep and this would be addressed and taken care of. Commissioner Holzman asked about the Oakley Seaver Blvd road completion. Planning Director Jim Hitt stated that the development is tied to the completion of the road. 5 City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 5, 2006 Commissioner Holzman expressed his concern with the project due to the road situation that is part of Sandhill Commons. Planning Director Jim Hitt informed the Commission that this was one of the conditions in the CUP. Commissioner Holzman agreed with the deferred parking. Commissioner Outlaw asked how Lowe's will be handling the purchase of the two lots. Becky Furman indicated that Lowe's was closing on both lots at the same time. Commissioner Outlaw asked for clarification of the seasonal parking area. Becky Furman explained it was for retail seasonal items. Mike Reynolds, Lowe's, described that area as being utilized for items such as Christmas trees, promotional events such as mowers and outdoor equipment, lasting usually only a few days at the most. Each event must have Council approval. It is not used for bulk products such as sod, with the exception of Christmas trees. Commissioner Outlaw indicated that he is requesting denial for a food vendor as the commission has in the past. Commissioner Outlaw inquired as to the appearance of the outdoor storage area and the wall. Roger Stircola, Engineer for Lowe's, described the design of the area and the wall. Chairman Pape asked if the 18-foot retaining wall would be a solid wall. Roger Stircola indicated that it will be a decorative wall and that length of wall was necessary because of the grading differentials in the land and indicated that the wall will be placed on the inside of the curve. Commissioner Outlaw asked staff if the Hooks Street entrance was to be a full access entrance and how far was it from Oakley Seaver Blvd. Planning Director Jim Hitt responded that it would be a full access entrance and the distance from Oakley Seaver Blvd. was 494 feet. Commissioner Jones asked where the stormwater site was located. Planning Director Jim Hitt said that it will be on the south side of Hooks Street and is under construction. Chairman Pape asked where the outdoor speaker system is located and what it would be used for. Planning Director Jim Hitt stated that the specifics had not been worked out at this time. Mike Reynolds indicated that the system would seldom be utilized, but if it is opposed, they would be accommodating. 6 City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 5, 2006 Commissioner Geigel asked if the project was tied to Hooks Street. Planning Director Jim Hitt stated that it was. Commissioner Geigel commented that 2 years would not be enough time to finish the project. City Attorney Daniel Mantzaris responded that the condition is there be substantial progress, not completion. Commissioner Banzhof stated that in the past both outdoor displays and outdoor vendors have been denied. Commissioner Banzhof requested more information on the signage variance request. Planning Director Jim Hitt explained the City's code and even though portions of the signage exceeds code, Lowe's will not be, overall, exceeding the limits, it is just being placed differently on the building. Commissioner Banzhof asked for details about the building height variance. Planning Director Jim Hitt indicated that this was for the front peak of the building only, that the remainder of the building met City code. Commissioner Banzhof agreed with staff on the deferred parking, as it may be needed if the properties were ever sold to another retailer. Commissioner Geigel was in favor of Lowe's not paving the additional lot and having the flexibility to do their study and the City still having the authority to increase the parking later should it be necessary. Commissioner Banzhof agreed with Commissioner Geigel. Commissioner Holzman indicated that this should be part of the CUP. Commissioner Jones asked if Lowe's could sell off the deferred piece of land. City Attorney Daniel Mantzaris responded that they would not be able to sell this until it is removed from the CUP. Commissioner Outlaw moved to approve the request as recommended, with the exclusion of the food vendor, seconded by Commissioner Holzman. The vote was unanimous in favor of approval with the exclusion. 4 REQUEST FOR CONDITIONAL USE PERMIT OWNER: Clermont Regional Shopping Center / Clermont Center Ltd. APPLICANT: Cendant Car Rental Group, Inc. REQUESTED ACTION: To allow for an automobile rental business. 7 City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 5, 2006 EXISTING ZONING: C-2, Commercial. GENERAL LOCATION: Clermont Regional Shopping Center, north of Highway 50 and east of Grand Highway. EXISTING LAND USE: Shopping Center FUTURE LAND USE DISTRICT: Undeveloped District 2 (UD-2). FUTURE LAND USE CLASSIFICATION: Commercial. This request was introduced by Planner Curt Henschel who said that the applicant has requested to operate an auto rental business within Retail "A" of the Clermont Regional Shopping Center. This use is not covered under the permitted uses within the C-2 General Commercial District, and is therefore covered under this amendment of the Conditional Use Permit. The auto rental business is proposed for the fast store on the north side of the center, and will take 1,400 sq. ft. Because this is a rental business, 15 additional parking spaces are requested, and are part of the associated variance. Existing parking conditions and a mix of uses, including restaurants in the center, take up a variety of spaces. Because of the proposed location for this business, staff believes there is ample parking available for the additional 15 spaces, provided they are parked away from the normal patron parking areas. This would be along the perimeter at the northeast part of the parking area. Staff is also recommending that there should be no exterior washing or detailing of any rental automobiles occurring on the site. Any such cleaning and/or mechanical maintenance must be done off site at a proper facility. These conditions are listed in Section 6 of the CUP. Staff also believes this use, while more intense than normal shopping center businesses due to the increased parking requirements, is located at the best possible site, and could prove a benefit to the center. Staff recommends approval of the CUP. Chairman Pape asked if the applicant was present. Applicant Bob Anebel with Cendant Car Rental Group, Inc., soon to be Avis Rental Group, commented that they are fine with the parking requirements and conditions. Chairman Pape asked if there was anyone in the public who wished to speak about the request. There was no one. Commissioner Geigel mentioned that he would like to be sure that there will always be ample parking. 8 City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 5, 2006 Commissioner Holzman commented that there was very little parking in the front. Commissioner Geigel questioned why this location had been selected when there was a place on Hwy 27 that has been soliciting for a car rental place. Bob Anebel responded that they prefer not to be tied to a vehicle repair business. Commissioner Jones stated that he likes the proposed project. Commissioner Jones asked if this limits types of vehicles that is permitted. Chairman Pape stated that there should be a limit to the size of vehicle and have a definition. Attorney Daniel Mantzaris commented that if this was a concern, it should be expressed at this time. Commissioner Jones commented that there should be a limit. Chairman Pape stated that they could have staff come up with the language on this. Commissioner Geigel moved to approve the request, seconded by Commissioner Holzman. The vote was unanimous in favor of the request. 5. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Hancock Commons, LLC. APPLICANT: Cecelia Bonifay, Akerman, Senterfitt REQUESTED ACTION: To allow for the construction of a retail shopping center with more than 20,000 square feet. EXISTING ZONING: Urban Estate and R-1, Residential SIZE OF PARCEL: 13 +/- acres. GENERAL LOCATION: Southeast corner of the intersection of Highway 50 and Hancock Road (adjacent to 7-Eleven). 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 said the applicant is requesting a Conditional Use Permit to allow for a commercial village of up to 39,000 square feet, and with 4out-parcels along Highway 50. The proposed 9 City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 5, 2006 development will consist of restaurants, national retailers and boutique retailers. The 13 acre property is located south of Highway 50 and east of Hancock Road. The Conditional Use Permit was granted approval back in August 2005, but condition 7 under Section 1 stated that construction must begin within one year. At this time construction plans have been approved, but actual construction has not begun rendering the CUP void. This condition has now been extended to the typical 2 year time limit. As with the Conditional Use Permit, two variances were also granted along with the CUP back in August 2005. The same variances are requested without any changes. The first request will be for a grading cut up to 9 feet above code (24 foot cut total). The second request is to allow half of the required landscape buffer to be sloped (max. 3:1) rather than the entire landscape buffer remaining flat and level. The area surrounding the subject property has continued to undergo changes with the development of commercial uses along 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 request. Chairman Pape asked if the applicant was present. Thomas Gould with Akerman-Senterfitt, 420 S Orange Ave, Orlando, Florida was available to answer any questions. Chairman Pape asked if there was anyone in the public who wished to speak about the request. There was no one. Commissioner Geigel commented that this should be approved since the original approval was not that long ago. Chairman Pape asked why the location had not begun construction. Frank Cannon, Vice President, Hancock Commons, responded that the permitting process for FDOT, St. John's, obtaining easement agreements, etc, had taken longer than anticipated, but the project should be in the ground after the first of the year. Chairman Pape asked if the tenant agreements had been obtained. Frank Cannon stated that they were in place and there were commitments for the out parcels also. 10 City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 5, 2006 Commissioner Holzman commented that this should be for two years instead of one year. Commissioner Holzman moved to approve for two years, seconded by Commissioner Banzhaf. The vote was unanimous in favor of approval. There being no further business the meeting was adjourned. 11 Denise Noak, Deputy City Clerk