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09-06-2005 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION • September 6, 2005 The meeting of the Planning & Zoning Commission was called to order Tuesday, September 6, 2005, at 7:00 p.m. by Chairman David Pape. Members present were David Outlaw, Maggie Miller, Elwood Treadwell, Peter Geigel and Henry Rhee. Sy Holzman and Roger Pierce were absent. Also in attendance were Curt Henschel Planner, Daniel Mantzaris, City Attorney and Jane McAllister, Planning and Zoning Clerk. MINUTES of the Planning and Zoning Commission meeting held August 2, 2005 were approved as written. REPORTS There were no reports. 1. REQUEST FOR A CONDITIONAL USE PERMIT OWNER: Home Depot Stores APPLICANT: Wicks Consulting Services • REQUEST: For a Conditional Use Permit to amend Resolution No. 1235 to allow for 1) outdoor display of merchandise; 2) outdoor storage; 3) a hot dog stand in front of the store. LOCATION: 1530 E. Highway 50 EXISTING LAND USE: Commercial -Home Depot Store FUTURE LAND USE DISTRICT: Un-Established District -5 (UD-5) FUTURE LAND USE CLASSIFICATION: Commercial. Planner Curt Henschel introduced this request by saying that the applicant requests three amendments to the original CUP for retail shopping center (Home Depot). The first amendment request is to allow a fast food vendor to establish an area in front of the store for the sale of hot dogs. This vendor area would be located just outside- the main entrance door, and occupy approximately 65 square feet. The Home Depot stores feel this is an integral part of their business, and would like to establish this vendor for their customers who are on the go. The second amendment is a request to expand their daily and seasonal display • areas located in front of the store. The language within the existing CUP state City of Clermont MINUTES PLANNING AND ZONING COMMISSION w September 6, 2005 Page - 2 - "For both daily and seasonal display, only one model of each item can be on display". The applicant is requesting additional items, and more than one of the same item be stored in this area. The final amendment request is to allow for an additional storage area to be located in the rear of the building. The language within the existing CUP states "Outdoor storage of inventories of lumber and other building materials, fertilizer, and landscaping materials, or any other inventory, is prohibited." This area will be used for staging and storage of roofing and building materials as there is not enough room within the store to stock these items. The Home Depot store is currently utilizing 17 parking spaces located behind the store for staging and storing these materials. At this time staff recommends denial of the requested amendments. Traffic issues at the intersection of Highway 50 and Oakley Seaver Dr have intensified since the opening of the shopping center. This has created a dangerous intersection without a light. Within the original conditional use permit, it was stated that the developer would be responsible for installing the traffic signal at Highway 50 and Oakley Seaver Drive. The signal is warranted, and permitted, but the developer has been unwilling to be involved with construction of the light. Staff would be willing to consider-and support the amendment requests provided other conditions for these requested amendments are met and the traffic light was in place and operational. If approval of these amendments is granted, additional conditions have been recommended by staff. They are as follows: Section 1, add #12 -Outdoor speaker/public announcement systems shall only be used during hours of operation. Section 1, add #13 -The Home Depot Store may be permitted a fast food vendor to operate outside the front doors and under the existing canopy. The area for the vendor may not exceed 65 square feet. Section 6, #9 add -The irrigation to the garden center shall be connected to the onsite well and disconnected from the City's potable water system. The new- irrigation schedule shall be submitted to the City's Water Conservation Technician for review and approval and shall conform to the City's watering restrictions. 2 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • September 6, 2005 Page-3- Section 7, Outdoor Display, add paragraph as follows: The outdoor storage/staging area behind the building shall be within a walled area that matches the decor of the main building, as approved by staff. All travel lanes must remain open and unobstructed from all merchandise and materials. Chairman Pape asked if the applicant was present and would like to address the Commission. Sharon Farrell, Wicks Consulting Services, Inc., 225 West Main Street, Tavares, FL is the applicant and stated that it is necessary for the store to have additional room for storage and staging and that the requests for amendments are necessary for the smooth operation of the store. She added that Home Depot feels that having a hot dog stand in front of the store to serve their customers is an integral part of their business. Ms. Farrell showed pictures of the view the public has of the rear of the store and all that was visible was the wall and landscaping. She pointed out that the 17 parking spaces on the other side of the wall that are presently being used as a storage and staging area are not visible to the public. Angel Ponte, Home Depot store manager, 2759 Bancroft Blvd., Orlando, FL stated that his store is very community oriented and participates in many community activities. He stated that the Clermont store did the highest volume of business in the Orlando area, and that it was necessary for them to use more space for staging and storage. Chairman Pape asked if the Commissioners had any questions, and noted that there was no one from the public present. Commissioner Geigel stated that he could support everything else with the traffic light in place, but that neither Ms. Farrell nor Mr. Ponte had addressed the traffic light issue. Sharon Farrell said that she was "out of the loop" as far as the traffic light is concerned and that Home Depot headquarters was dealing with that. Commissioner Miller said that Home Depot did agree to the Conditional Use Permit. She stated further that the amendments they are asking for are reasonable, but that having the traffic light in place is critical. • Sharon Farrell said it was her understanding that the traffic light expense was going to be shared by others whose businesses are near the light. City of Clermont MINUTES PLANNING AND ZONING COMMISSION • September 6, 2005 Page - 4 - Commissioner Outlaw said that reading the original Conditional Use Permit it states that the developer and/or permittee which was Home Depot, were going to be responsible for the installation of the traffic light, and that it does not mention that other people whose businesses are in that quadrant were going to share responsibility for the light. Chairman Pape stated that he was on the Commission when the original CUP was agreed upon by Mr. Sneed and Home Depot. However, there was a sidebar with Jayson Stringfellow, who having property near the intersection, made a verbal agreement to participate in the expense for the traffic light. However that is not stated in the document, and we must follow the letter of the document. Chairman Pape stated that he took part in the initial arguments and finds having a hot dog vendor objectionable. He said storage area should not be an issue and suggested Home Depot find some storage space off site as is done elsewhere. City Attorney Daniel Mantzaris stated that it is clearly the City's understanding that others on the corner of that intersection would participate in the cost of the traffic light. The issue of who pays what percentage of the cost is the only issue that is left to work out. He said the last he heard from the developer where Home Depot is was they do not believe they are required to have the traffic light installed. Chairman Pape asked who determines the traffic flow for each entity in that area. City Attorney Mantzaris stated that the City offered to have a meeting with everyone who would be involved with sharing the cost of the traffic light and assist in figuring out what each share would be. The City has not been contacted by anyone in regards to having such a meeting. Commissioner Outlaw noted that in other situations he has been involved in the light was installed because of the need for it, and it was later determined what part of the expense was due from each contributor. Commissioner Outlaw said he had some issues with the staging and delivery near the Garden Center on the west side of the store where there are 37 parking spaces. He noted that the parking stops were in disrepair with rebar sticking out of them and that the public would not park there for fear of their vehicles being struck because of all the delivery trucks going in and out. Commissioner Outlaw also stated that the area in the rear of the store where there are 17 parking spaces is being used for deliveries and storage, and that the 4 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • September 6, 2005 Page - 5 - materials are placed so they stick out into the drive aisle. He said that if a fire truck needed to get through it would not be able to. Commissioner Rhee mentioned that cost is not the only consideration for installing the traffic light. He said that Florida Department of Transportation must approve the light. He asked if there has been approval for the light. City Attorney Mantzaris said there was a warrant study done before the Home Depot was built and D.O.T. refused to allow a traffic light there. He stated that since then there has been so much development in that area including Home Depot that another warrant study should be made. Commissioner Geigel stated that the requirement for a traffic light to be placed at Highway 50 and Oakley Seaver Dr. should be removed from the CUP. He said it should have no bearing on the amendments requested by Home Depot. Commissioner Geigel moved to approve the requests based on further review of the aesthetics of the final product. There was no second on the motion. Commissioner Outlaw moved to dent/ the request; seconded by Commissioner Miller. The vote was 5-1 for the motion with Commissioner Geigel voting "naY". OTHER BUSINESS Chairman Pape posted a letter from Commissioner Mathieson tendering her resignation from the Commission due to her move out of the area. Chairman Pape said her input would be missed. Commissioner Miller asked the status of the office supply store that was going in at South Lake Plaza. Chairman Pape said the store had cancelled its plans to move to South Lake Plaza. Commissioner Miller asked about the status of the retail complex that was approved for South Highway 27 just south of Hartwood Marsh Road. Chairman Pape said it was under construction and is seeking tenants. • City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 6, 2005 Page - 6 - There being no further business the meeting was adjourned. Davi~~ibLC~ir~nan Planning Technician II r~ LJ 6