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03-07-2006 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION March 7, 2006 Page - 1 - The meeting of the Planning & Zoning Commission was called to order Tuesday, March 7, 2006 at 7:00 p.m. by Chairman David Pape. Members present were Sy Holzman, Elwood Treadwell, Peter Geigel, and David Outlaw. Roger Pierce was absent. Also in attendance were Jim Hitt, Planning Director, Curt Henschel, Principal Planner, Barbara Hollerand, Principal Planner, Daniel Mantzaris, City Attorney and Jane McAllister, Planning and Zoning Secretary. MINUTES of the Planning and Zoning Commission meeting held January 3, 2006 were approved as written. MINUTES of the Planning and Zoning Commission workshop held February 7, 2006 were approved as written. REPORTS There were no reports. 1. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Roxbury Ventures APPLICANT: John Schmid REQUESTED ACTION: To allow for more than four (4) tenants in a building. EXISTING ZONING: C-2, General Commercial LOCATION: Sandhill Commons Unit 1, Lot 4. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District - 2 (UD-2). FUTURE LAND USE CLASSIFICATION: Commercial. This request was introduced by Planner Curt Henschel who stated that the applicant intends to construct an office and retail center with 15,000 square feet of space. The parcel is within the Sandhill Commons Development and is zoned for commercial uses. The applicant is proposing to construct one three-story • City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 7, 2006 Page - 2 - building with access from Sandy Grove Avenue. The site is approximately 1.3 acres and is currently vacant. There is a mixture of commercial uses in the vicinity of the subject property. There are existing and expanding retail and professional offices to the east and west of the parcel. Annexations and subsequent development have intensified the character of the area. This area is appropriate for this type of development. Staff recommends approval of this request. Chairman Pape asked if the applicant was present. Wayne King, Schmid Construction, 552 S. Highway 27, Minneola, FL 34715 was available to answer questions. Chairman Pape asked if there was anyone in the public who wished to speak about this request. There was no one. Commissioner Holzman moved to approve the request; seconded by Commissioner Geigel. The vote was unanimous in favor of the request. • 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT/OWNER: Presco Associates, LLC. REQUEST: To amend Resolution No. 1230 to allow for the modification of the original site plan for an additional retail/commercial use, and to allow the use of a veterinary clinic. EXISTING ZONING: C-2, General Commercial. LOCATION: College Station at the Southwest corner of State Road 50 and Hancock Road. EXISTING LAND USE: Shopping Center FUTURE LAND USE DISTRICT: Undeveloped District -6 (UD-6). FUTURE LAND USE CLASSIFICATION: Commercial. Planner Curt Henschel introduced this request by saying that a Conditional Use Permit for the subject property was approved in September of 2001. It allowed for 2 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • March 7, 2006 Page - 3 - the development of the property as a commercial shopping center with a total of 92,700 square feet and 4 out parcels along Highway 50. When the CUP was originally approved, the applicant only had specific development plans for the out parcels along Highway 50. While the CUP site plan depicted the southern portion of the property as one large building, the exact tenant mix and building configuration was not known. Currently, the applicant has a large pet supply retailer that would like to occupy approximately 15,000 square feet of retail space. The retail pet supply company also has a veterinary component to their business. Per code, all veterinary clinics require a conditional use permit. The applicant is also requesting an amendment to the original site plan to allow a small 1,600 square foot building to be located in the parking lot of the original development plan. The retail space would be for a drive through coffee shop. The applicant proposed to deduct the square footage from the allowed 92,700 square feet of the main retail building and add a small out parcel with a 1,600 square foot building. With the main concern of odors and noise associated with animal clinics, staff • feels there will not be any issues because the closest residential subdivision is approximately 700 feet away, across Hooks Street, and behind a buffer wall. Staff recommends approval of the request to add a veterinary clinic to the allowable uses for the shopping center. The proposed site plan indicating a 1,600 square foot "Starbucks" does not appear to interfere with the internal traffic flow or parking, also the developer will not be adding any additional square footage to the overall site plan. Staff recommends approval of this request. Planner Curt Henschel stated that the proposed Starbucks should be changed from 1600 square feet to 1900 square feet. Chairman Pape asked if the applicant was present. Robert Shakar, Presco Associates, 232 Mohawk Rd, Clermont FL asked that the request be approved. Chairman Pape asked if there was anyone in the public who wished to speak about this request. There was no one. Chairman Pape asked if veterinary portion will have kennels and do surgery with • overnight stays or if it will or just do quick pet check ups and such. 3 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • March 7, 2006 Page - 4 - Mr. Shakar said that there will be some surgery done on the premises but that there will be no overnight stays. Commissioner Geigel pointed out that 30 parking spaces have been eliminated to make room for the proposed coffee shop. Mr. Shakar stated that there is more than enough parking for the retail portion of the development. Planner Curt Henschel stated that the project is meeting the code for the entire center with the coffee shop included. Commissioner Outlaw asked if there was going to be a canopy for sitting outside of the coffee shop. Mr. Shakar said he did not know. He stated that they have not asked for that as yet. Chairman Pape asked what kind of arrangements will be in place for the disposal of bio-waste from veterinary portion of the pet supply store. • It was determined there is a state mandated procedure for all veterina clinics to ry dispose of their waste in a safe and sanitary manner. Commissioner Holzman moved to approve the request amended as follows: That a 9th condition be added to the general conditions that no ovemight kenneling of any animals be allowed, and that the square footage for the coffee shop be changed from 7, 600 to 7, 900; seconded by Commissioner Geigel The vote was unanimous for approval of the request as amended. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLIICANT: Jayson Stringfellow OWNER: Charles Sharkis Jr. REQUEST: To allow for a Planned Unit Development (PUD) to allow for construction of residential condominiums. GENERAL LOCATION: East side of Grand Highway, '/ mile south of Citrus Tower Blvd. I~ ~J 4 City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 7, 2006 Page - 5 - SIZE OF PARCEL: 10 acres. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District -5 (UD-5). FUTURE LAND USE CLASSIFICATION: Residential. This request was introduced by Curt Henschel who said that the request is to allow amulti-family residential Planned Unit Development at a density of 10.8 units/acre. The applicant is proposing to build up to 108 upscale multi-story condos, including some with basement garages. By establishing a Planned Unit Development within the UD-5 future land use district, the developer is able to request a maximum density of 12 units per acre. With the heavily sloped parcel the applicant is proposing to construct 9 residential buildings yielding a 10.9 unit per acre maximum density. The proposed buildings will be terraced to cope with the topography of the parcel. There are two variances associated with this project. 1) Parking stall size (9x18 within garage area) 2) Building height to exceed 45 feet and the habitable height to exceed 35 feet. Given the existing density character of the surrounding neighborhoods to the south (North Ridge Subdivision at approximately 4 units per acre) and east (Gardens at Citrus Tower Apartments at approximately 12 unit per acre,) Staff believes the requested density is too high. Staff does not support the request for a Planned Unit Development at the applicant's proposed density of 10.8 units/acre. Chairman Pape asked if the applicant was present. Jayson Stringfellow, 1455 W. Lakeshore Dr. Clermont, FL and Arthur Nix, Project Engineer, 17550 CR 455, Montverde FL. were present to answer questions. Jayson Stringfellow asked for approval saying that they could have asked for 12 units per acre, but have asked for 10 so that they could maintain the integrity of the property. Chairman Pape asked if there was anyone in the public who wished to address this request. • 5 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • March 7, 2006 Page - 6 - Ed Freeman, Pleasant Hill Dr., Clermont, FL ., wanted to know where the dumpsters for the project would be placed, and if in the future the condos could possibly be changed to apartments. Jayson Stringfellow showed where the dumpsters would be placed which is in between the buildings of the complex. He stated that they are requesting a Conditional Use Permit for condominiums and if in the future wanted to change that to apartments they would have to come back and amend the CUP. Louise Hunt, who lives in Minneoia is representing Church of the Nazarene whose property abuts this project to the North. She wants an adequate landscape buffer zone between the development and church grounds. Curt Henschel explained that they must have a perimeter landscape buffer, there could however, be a condition added to increase the buffer. Gail Skaggs, 200 Pleasant Hill Dr., Clermont, FL is concerned about water run off from the development and also wants to know if people living in the condos will be able to look into her house and backyard. • Arthur Nix, the project engineer said there will be a retention pond that will handle Cary Harris, 202 Pleasant Hi11 Dr., is concerned there may be a collapse because of the weight of the construction up on the hill, and he wants to know if that happens who would be responsible. the water runoff. He went on to say that there will be approximately 50 feet, including an oak hammock, between Ms. Skaggs home and the condo parking. He said that with the elevation of the property people in the condos will probably be able to look into her backyard and she will see the buildings. Nix -The slope will be looked at during construction there will be soils tests. City Attorney Daniel Mantzaris explained that if a collapse were to occur it would be an issue that the homeowner's insurance companies would address. Ed Freeman -There is a lot of wildlife on property, what is going to be done? Darlene Leberti, Park Promenade Way, Clermont, FL wants to know when we will stop building because of the drain on the water resources? Curt Henschel said that the Engineering Department obtains a Consumptive Use Permit from St Johns Water Management, and that the water consumption in all • the new development is a consideration that St. Johns monitors. 6 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • March 7, 2006 Page-7- Russ (illegible) 12420 Lakeview Lane, Clermont, FL., is concerned about the proposed parking garage under the buildings saying it would invite thefts and vandalism in the parking garage. Jayson Stringfellow said that this will be gated community. Elevators will go off at night and come on in morning and entry would require a pass code. Louise Hunt asked how close the condos would be built to the church property line. Arthur Nix said that 15 feet is minimum setback, but it will probably be about 22 feet in that area. Commissioner Geigel asked why staff did not recommend for approval, adding that this is an overall improvement from an aesthetic point of view. Planner Curt Henschel replied that staff opposed the density not the project itself. Commissioner Treadwell expressed concern about the grading and the slopes necessary for the driveways. Arthur Nix stated that Staff has looked at cross sections and grading. He said there is no construction plan as yet, but they were not going to be stair stepping the project. He said there will be no massive grading necessary. Commissioner Outlaw said that this is a good plan and that the developer is trying to uti{ize the terrain. He did think that 9x18 foot parking spaces were too small. Commissioner Holzman has a problem with the southern. edge of the property and is not sure the retention pond will capture all the water runoff. He is also concerned with the privacy of the residents in the subdivision to the south of the development. Jayson Stringfellow said that if the buildings on the south side were reduced from 3 story to 2 story he would have to reconfigure the entire building. He also said that because of the topography even if they built single family homes, they would be looking down on those houses in the subdivision to the south. Commissioner Outlaw suggested that the developer could increase the canopy tree planting along the south property line. n 7 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • March 7, 2006 Page - 8 - Commissioner Geigel suggested that the developer reduce density and increase the landscape buffers. Commissioner Holzman agrees with Commissioner Geigel and is also concerned about water runoff. Commissioner Holzman moved to deny the request; seconded by Commissioner Treadwell. The vote was 2-3 to deny. Motion failed. Commissioner Outlaw moved to approve with the condition that there be an increase in the depth of the landscape buffers and canopy trees on the south side of the property; seconded by Commissioner Geigel. The vote was 4-7 for approval with Commissioner Holzman opposed. 4. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Malik Family Limited Partnership LLLP & Clermont Hillside Terrace • APPLICANT: Steven J. Richey, P.A. REQUEST: To amend Resolution No. 1308 to allow for the inclusion of the following uses: lounge, medical office and financial institution to the CUP. LOCATION: 2400 S. Highway 27 EXISTING ZONING: P.U.D. EXISTING LAND USE: Clermont Hillside Terrace FUTURE LAND USE DISTRICT: Undeveloped District -8 (UD-8). FUTURE LAND USE CLASSIFICATION: Commercial. This request was introduced by Planning Director Jim Hitt who said that the applicant is requesting one amendment to Resolution No. 1308 of their conditional use permit, which was executed in May 2003. This request is to include additional uses to Section 2 -Land Use, number 1 to include the following: lounge, medical office and financial institution. Uses already listed include the following: residential, retail, professional office, personal service and restaurant uses. • g City of Clermont MINUTES PLANNING AND ZONING COMMISSION • March 7, 2006 Page - 9 - The uses requested are considered permitted uses in a C-2 General Commercial District. Because this project is surrounded on three sides by C-2, General Commercial, Staff recommends approval of the request. Chairman Pape asked if the applicant was present. Mary Ludwig of Attorney Steven Richey's office, P.O. Box 492460, Leesburg, FL and Chuck Hiatt Project Engineer, Leesburg FL. were present to answer questions. Chairman Pape asked if there was anyone in the public who wished to speak about this request. There was no one. Commissioner Holzman moved to approve the request; seconded by Commissioner Gelgel. The vote was unanimous for approval. 5. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Messy Dog, LLC APPLICANT: Mark Graff, St. Clare Development. REQUEST: To amend Resolution No. 1370 to allow for the issuance of some certificates of occupancy prior to the installation and operation of a traffic signal at the corner of Oakley Seaver Dr and Highway 50. EXISTING ZONING: C-2, General Commercial District. LOCATION: 1200 Oakley Seaver Dr. EXISTING LAND USE: Oakley Plaza FUTURE LAND USE DISTRICT: Undeveloped District -5 (UD-5). FUTURE LAND USE CLASSIFICATION: Commercial. This request was introduced by Planning Director Jim Hitt who said that the applicant is requesting one amendment to Resolution No. 1370 of their conditional use permit, which was executed in August 2004. This request is to delete Section 4, number 8, which states: A signal at the intersection of State Road 50 and Oakley Seaver Drive shall be installed and operational prior to the issuance of the first certificate of occupancy for the properties. 9 City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 7, 2006 • Page - 10 - Because of various delays with the traffic signal installation, the applicant has one business and five suites (108, 109, 110, 111 and 213) that will be ready to certificate of occupancy and or certificate of completion (for individual suites) prior to the traffic signal being operational, and the power pole being moved. The suites will require a certificate of completion, and the building that these suites are in must obtain a certificate of occupancy. The applicant and various property owners/developers have paid their pro rata share to install the traffic signal, and the poles for this signal have been installed. The moving of a power pole by Progress Energy is the only remaining issue for the traffic signa{. Staff recommends that the CUP be amended as presented; that Tire Kingdom be allowed a certificate of occupancy; and that the primary building shell and the five suites (108, 109, 110, 111 and 213) be allowed a certificate of occupancy and completion, respective{y, prior to the traffic signal installation and operation, provided that the remaining CUP site development requirements are met. Chairman Pape asked if the applicant was present. Mark Graff 1944 Brantley Circle, Clermont, FL representative for Messy Dog LLC stated that the poles for the traffic signal are installed and it shouldn't be long before the traffic signal is operative. He asked that the request be approved. Chairman Pape asked if there was anyone in the public who wished to speak about this request. James Sullivan 1378 Briar Haven Lane, Clermont, FL who is a representative of the Homeowner's Association at South Lake Forest which abuts the project said that the light was to be installed before area businesses opened because of impact of the traffic on the area. He said that impact it is a{ready there from other businesses in the area and that approving this request will not have a substantial additional impact. He asked that someone within the City do what they can to get this signal operating. Several of the small business owners in this plaza who are ready to open their businesses asked that the request be approved. They are Sandy Vigalaski, Brian Davis, 3804 Glenford Dr., Clermont, FL., Jo Becker, Homasassa, FL, Geraldine Labria and Gloria Rivera. They all stated that holding up their openings until the traffic signal is operational it is creating a financial burden on them. Mark Graff said that all these small businesses are enduring financial hardship. He said that Casto and Home Depot did not put the traffic signal in as they were 10 City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 7, 2006 Page - 11 - supposed to do and others are suffering because of that. He asked that the Commission please let these businesses open now. Jim Purvis, 4206 Hammersmith Dr., Clermont, FL. said that the businesses are being penalized because one major business did not live up to their obligations. He went on to say that the Intersection is a death trap and that the traffic signal is desperately needed for the safety of the citizens. He added that he would like to see this request approved with the caveat that no other businesses will be allowed to open until light is operational. Commissioner Holzman said this intersection was a problem even before this project began. He added that these shops should not be penalized because of other's mistakes. Commissioner Outlaw moved to approve the request; seconded by Commissioner Holzman. The vote was unanimous in favor of approval. 6. PROPOSED COMPREHENSIVE PLAN AMENDMENT TRANSMITTAL (DCA 06-1) 1. Mirror Lake -From Urban Expansion to UD-5 Residential 2. Verde Ridge -From Urban Expansion to UD-5 Residential 3. Southern Pines -From Urban Expansion to UD-7 Residential 4. Hartwood Reserve -From Urban Expansion to UD-7 Residential 5. Southern Fields PH 2 -From Urban Expansion to UD-7 Residential 6. Hancock Commons/Trycon -From Urban to UD-6 Commercial 7. Hancock 15 -From UD-6 Resiidential to UD-6 Commercial 8. Superior Residences Adult Congregate Care -Text change to address use in UD-5 (#12). 9. Goals, Objectives and Policies -Adding new open space policies. Planner Barbara Hollerand introduced and presented supporting documentation for the City's first-cycle 2006 proposed large-scale comprehensive plan amendment. This amendment package includes nine separate items, including six administrative amendments. This submittal also included both map amendments and text changes to Appendix C of the Future Land Use Element as well as text changes to the Goals, Objectives and Policies of the Future Land Use, Conservation and Recreation and Open Space elements. Upon Council approval, this amendment package would be transmitted for review by the Florida Department of Community Affairs (DCA), Lake County and the five 11 City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 7, 2006 Page -- 12 - reviewing agencies. DCA would issue an Objections, Recommendations and Comments letter on the proposed amendment around June, and it could come back to the Council for adoption in early summer. Commissioner Outlaw commented that he has a problem with Goals, Objectives and Policy's fisted animal species, since we do not have such a list. City Attorney Daniel Mantzaris pointed out that having that list is one of the goals. Chairman Pape asked if there was anyone in the Public who wished to speak about this matter. Robert Ahrens, Clermont, FL asked if the property shown in the legal ad is accurate and if the surrounding property in the county will have more density because of this action. Jim Hitt stated that property adjoining the City is in the J.P.A. and anything that happens in that area will be reviewed by the City. Commissioner Outlaw questioned the item relating to Hancock 15. He stated that the last time it came before the Commission he was against recommending it because there were the original developer had an agreement with the residents of Hills of Clermont that there would be a transitional use on this property and not commercial. He is against this recommendation and wants it pulled from the Large Scale Comp. Plan Amendment. Leigh Tucker, Attorney for Hancock 15 said that nearby residents are in favor of the request and that all of their concerns have been met. They have a developers agreement. Chairman Pape asked for copies of the agreement? Ms Tucker supplied the Commission with copies of the Developers agreement with the Homeowners Association. The agreement was not signed. Paul Sherman 2674 Pine Shadow Lane, Hills of Clermont Assn Board Member said the development agreement has been reviewed but has not accepted or executed by the residents of Hills of Clermont. Attorney Leigh Tucker, apologized for any misunderstanding and said that she didn't mean to misrepresent the agreement to Commission. 12 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • March 7, 2006 Page - 13 - Paul Sherman said that the homeowners of Hills of Clermont were satisfied with the agreement, but that it has not yet been executed. Commissioner Outlaw said that if the agreement is acceptable to the Homeowner's Association then he has no problem with Item #7 being included in the Proposed Large Scale Comp Plan Amendment Transmittal. Commissioner Outlaw moved to approve the inclusion of Item #7 in the Proposed Large Scale Comprehensive Plan Amendment Transmittal; seconded by Commissioner Holzman. The vote was unanimous for approval. Commissioner Holzman moved to approve all 9 items in the Proposed Large Scale Comprehensive Plan Amendment Transmittal; seconded by Commissioner Geigel. The vote was unanimous in favor of appraval. 7. REQUEST FOR SMALL SCALE COMPREHENSIVE PLAN AMENDMENT OWNER: Clermont Land Development, LLC APPLICANT: Cecelia Bonifay, Esq., Akerman, Senterfitt REQUEST: Change Future Land Use from County Urban to Undeveloped District 2 (UD-2) Commercial. PARCEL SIZE/LOCATION: 4.54 acres, located on the southeast corner of Hooks Street and Lake Wilma Drive. EXISTING LAND USE: Vacant. FUTURE LAND USE DESIGNATION: Lake County Urban EXISTING ZONING: Lake County R-6 Residential. Planner Barbara Hollerand introduced this request by saying that this property is the subject of an annexation application that will come before Council on March 14 and 28. This request is to assign a future land use to the property, once it is annexed. This small-scale amendment to the Future Lane Use Map would allow for a commercial use on the property, which has an existing commercial land use on the property, which has an existing commercial land use in Lake County. • 13 City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 7, 2006 Page - 14 - The property owner, Clermont Land Development, LLC, proposes to use this parcel as off-site water retention for a planned 27-acre commercial center along State Road 50 and Grand Highway. This is the only parcel associated with the proposed development that is not currently in the City. Additionally, the 4.54-acre property is proposed to provide stormwater retention for the Hooks Street right- of-way. A Conditional Use Permit application to rezone the entire 31-acre parcel to a Planned Unit Development has been submitted concurrently with this small- scale comprehensive plan amendment application and the annexation request. The City's position has been that Residential/Professional is the appropriate future land use for properties bordering the south side of Hooks Street. This future land use is intended to buffer the highway commercial along State Road 50 from the residential areas south of Hooks Street. While this 4.54-acre parcel is south of Hooks Street and in the buffer zone, it is proposed as a stormwater retention area for an appropriately sited commercial center and for the Hooks Street right-of-way. When developed in conjunction with amaster-planned commercial property, this expansion southward of the Undeveloped District 2 (UD-2) Commercial future land use is appropriate for this location. Staff recommends approval of the Future Land Use change. Chairman Pape asked if the A licant was resent. Chris Ro er with Akerman pp P p Senterfitt, asked the Commission to consider the SSA and the next item a CUP together since they are related. 8. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Clermont Land Development, LLC APPLICANT: Cecelia Bonifay, Esq., Akerman Senterfitt REQUEST: To allow for the construction of a commercial Planned Unit Development (PUD) with one main anchor tenant and four outparcels. GENERAL LOCATION: East of Highway 27, South of State Road 50, North of Hooks Street, and adjacent to Grand Highway. EXISTING ZONING: C-2, General Commercial. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District -2 (UD-2). 14 City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 7, 2006 Page -15 - FUTURE LAND USE CLASSIFICATION: Commercial. This request was introduced by Planning Director Jim Hitt who stated that the following analysis is based on the realignment and approval of the proposed interchange at Highway 50 and State Road 27, including the realignment of Grand Highway, as proposed by the applicant. The alignment is needed to accommodate the 170,000 square foot building. The applicant requests a Conditional Use Permit for a Planned Unit Development, The development will consist of a Lowe's Home Improvement store and 4 outparcels. The site is approximately 31.5 acres and fronts on Grand Highway just north of Hooks Street. The proposed Home Improvement store will occupy approximately 170,000 square feet of building space. The remaining outparcels will also have frontage on Grand Highway . The parcel is heavily wooded with large oak trees that would ultimately be wiped out by the proposed project. The parcel is also severely sloped which creates grading issues throughout the 31 acres. There are several variances associated with the proposed project: 1. To allow a retail building over 100,000 square feet. 2. Grading in excess of 15 feet. 3. Sloped landscape buffers. 4. Retaining walls in excess of 6 feet in height. 5. Parking count reduction (of 234 spaces). Several issues remain for the proposed development of this site, which include the following: • Excessive grading issues due to the severe slope of the terrain, which ranges from 180 feet on the northeast side, down to 94 feet on the southeast side (86 foot change). This site is better suited for multiple buildings which could accommodate terracing for the grading issue. • Because of the building size and excessive grading needed to accommodate this development, virtually all the trees would be eliminated. The tree survey indicates several specimen trees up to 48 inches in diameter. The applicant would be responsible for the extensive loss of all specimen trees, which would require a tree replacement program that would require additional landscaping on and off site. • 15 City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 7, 2006 Page - 16 - • The overall size of the building requested for the site is about 170,000 square feet, and extends north to south over 630 feet. This building size results in extensive grading issues for this site due to the topography. • Extensive variances needed for the site include a building over 100,000 square feet (169,112 sq. ft.); grading in excess of 15 feet (for over 52% of the site); perimeter landscape buffers proposed to be completely sloped in excess of current code; retaining walls in excess of the code's 6 foot maximum (up to 22 feet); a parking reduction down to 612 spaces (846 spaces required) which is a permanent reduction of 61 spaces, and 173 deferred spaces for future use. For the reasons listed above, staff recommends denial of the requested CUP/Planned Unit Development. Chris Roper ,Akerman Senterfitt, handed out a copy of the staff report which has been amended by Akerman Senterfitt indicating what changes the developer would like to make in the CUP conditions, with strike through and underline. Mr. Roper mentioned the names of the gentlemen accompanying him and • offered to answer questions from the public and the Commission. Mr. Roper stated that grading is a primary issue at this site. He stated that the 50/27 interchange planned by D.O.T. will take property away from the project and Grand Highway will need to be widened, which will require additional property being taken away from the project. Brian Grassa, 30575 Bainbridge Road, Sullivan Ohio went over all of the submittals and different designs that have been made to Staff at site review after their comments were addressed. He went on to say that the Staff report does not point out the public benefits of the project. For example the dedicated land to DOT and County for improvements. Attorney Hal Kantor, 100 Eola Dr, Orlando, FL., who represents Lowe's gave a Power Point presentation. He stated the location is well suited for this project and that the whole issue is topography. He went on to say that Lowe's does not need visible access from the road (27/50) like other business do. The need for extensive cut and fill was blamed on the realignment necessary because of the proposed interchange of S.R.50 and Highway 27. • 16 City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 7, 2006 Page - 17 - Numerous designed were explored and the present product is the best solution for this area. Mr Kantor said that the tree loss is significant, but there is an effort to save some trees at the proposed deferred parking area at the southeast corner of the project. He ended by saying that Lowe's want to come here and will go the extra mile in order to do so. Chairman Pape asked if there was anyone in the public who wished to speak about this project. Robert Crego, 1126 Oak Shore Lane, Clermont, FL said he has sold this property 5 times and each time the proposed project has not worked out. Jim Purvis 4206 Hammersmith DR. Clermont, said he is disappointed that the City is looking at another big box. He said this is not the right building for this site. He further stated that there needs to beano go dark clause, no outside storage, sales or equipment, one of each item for sale displayed outside, no food or beverage service, no overnight parking, no deliveries between 11 pm and 7 am, no 24 hour operation, 10x20 parking spaces, restrictive parking lot lighting, • outside trash and skids hidden from sight. Commissioner Geigel said that progress has it pitfalls and many can be over come. He said that every one of Mr. Purvis' suggestions should be considered and that there needs to be a lot of restrictions. Commissioner Outlaw asked why Lowe's is asking for a parking variance when there are out parcels and a "deferred parking parcel" on the site? Mr. Roper said that in Lowe's experience the number of parking spaces required by the City are not warranted. Commissioner Outlaw asked if the "deferred parking area" was not needed for parking, would it remain as green space. Mr. Roper said that it would. Lowe's will either use it for parking or leave it as it is. Chairman Pape stated that he has problem with cut and fill required, and that the site is a difficult one to put a big box on. Commissioner Holzman said that the traffic study is a year old and there is much more traffic that has been generated in the past year. He said he has a lot of . concerns and he doesn't think it will work in this spot. 17 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • March 7, 2006 Page -18 - Commissioner Treadwell said he has many reservations because of cut and fill needed, traffic, the realignment of the road and he agrees with the comments of the other Commissioners. Commissioner Holzman moved to deny the request for a Conditional Use Permit; seconded by Commissioner Treadwell. The vote was 4-7 for denial with Commissioner Geigel opposed. Commissioner Treadwell moved to approve the request for the Small Scale Comprehensive Plan Amendment; seconded by Commissioner Outlaw. The vote was 3-2 for approval with Commissioners Pape and Geigel opposed. There being no further business the meeting was adjourned. ATTEST: c ne C. McAll' ter -Admin. Asst. 18 David Pa