07-05-2005 Regular Meeting. City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
July 5, 2005
The meeting of the Planning & Zoning Commission was called to order Tuesday,
July 5, 2005, at 7:00 p.m. by Chairman David Pape. Members present were Sy
Holzman, Carolyn Mathieson, Roger Pierce, David Outlaw, Peter Geigel, Maggie
Miller, Elwood Treadwell, and Henry Rhee. Also in attendance were Jim Hitt,
Planning Director, Daniel Mantzaris, City Attorney and Jane McAllister, Planning
and Zoning Clerk.
MINUTES of the Planning and Zoning Commission meeting held June 7, 2005
were approved as written.
REPORTS
Assistant City Manager Darren Gray thanked the Commissioners for attending a
workshop with the City Council.
Planning Director Jim Hitt announced that the rough draft of the Joint Planning
Area map has been sent to Lake County. He suggested a workshop be
scheduled one hour before the next scheduled Planning and Zoning Commission
meeting to discuss the Joint Planning Area. The time and place was agreed upon
by all the Commissioners.
1. REQUEST FOR A CONDITIONAL USE PERMIT
OWNER: Clermont 8, Inc./ Kim Patiry
APPLICANT: Florida Conference of Seventh Day Adventist.
REQUEST: To allow for the operation of a church in the Central Business
District, (CBD).
LOCATION: 738 8t" Street
EXISTING LAND USE: Vacant building.
FUTURE LAND USE DISTRICT: Established Business District -1 (EBD-1)
FUTURE LAND USE CLASSIFICATION: Central Business District.
Planning Director Jim Hitt introduced this request by saying that the applicant
intends to establish a church out of an existing 4,300 square foot building in the
Central Business District. The church proposes to have 30 seats for services that
will operate Saturday afternoon and have youth meetings Tuesday, Wednesday
and Friday evenings from 7p.m. to 9p.m. Currently the building is vacant and is
' City of Clermont
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located at 738 8th Street. The prior business formerly known as Antiqua Furniture
operated with a Conditional Use Permit for a building with more than 3,000
square feet. The owners of the building renovated the interior and exterior of the
building about 2 years ago and would like to keep up the appearance by keeping
a business operating in the building.
This location would serve as a satellite extension to the applicants existing
church located in Mount Dora. The applicant believes this will be a temporary
location, and is requesting a three year time limit to operate out of 738 8th Street.
Staff has concerns over parking accommodations with the limited number of on
site parking spaces. Staff also has concerns about the appropriate use of a
church occupying a retail store front in the downtown redevelopment area.
Due to the fact that the applicant has acquired a parking agreement with the First
United Methodist Church located southeast of the proposed location, and the
hours of operation do not occur at peak business hours, staff recommends
approval for the request.
• Chairman David Pape asked if the applicant was present.
Don Sweeney, 6842 CR 561, Clermont, FL 34711 stated that the hours of
operation stated on the application were not correct and he wanted to let
everyone know that the correct hours would be from 9a.m. to 1p.m. on
Saturdays.
Chariman Pape asked if there was anyone in the public who wished to speak
about this issue.
Bill Banzhaf, 931 W. Montrose Street, Clermont, FL spoke as President of the
Downtown Partnership and stated that they want to see more shops and
restaurants that would aid in the economic development of the downtown area.
Alex Butchkowsky, 801 W. Montrose, Clermont, FL who operates the On The
Corner Seafood Restaurant stated he was worried that the church members will
take up parking necessary for his clientele.
Don Sweeney said the reason they went to the Methodist Church to ask for
permission to park in their lot was so that they would not take up parking spaces
needed by downtown businesses. He added that people coming to the church
would add customers to the downtown.
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Commissioner Geigel stated that there appear to be no arrangements made for
parking for at the Methodist Church for 3 years, only for 2 years. There are no
parking arrangements for Tuesday, Wednesday or Friday evenings. Also, there is
First Friday to consider.
Don Sweeney said the Pastor of the Methodist church didn't want to allow for
parking for longer than 2 years. He said that evenings are not a problem and that
the Pastor of the church said he would allow for parking in the evenings as well.
Mr. Sweeney added that a change to 2 years rather than 3 years for the CUP
would serve the purpose.
Chairman Pape suggested the Mr. Sweeney bring such authorization to the City
Council.
Commissioner Holzman asked why, since there is already a Seventh Day
Adventist Church on Minnehaha Ave and East Ave, they don't use that facility.
Mr. Sweeney explained that they were from the Clermont church and that they
need additional room. He explained that the Mount Dora Church is the one
sponsoring the move, but that they are affiliated with the Clermont church.
•
Commissioner Pierce said he does not want to see commercial buildings used
for other than commercial uses. He said there is not enough traffic in the
downtown area and that a church would not help bring business to the downtown
area. He suggested that the city should offer incentives to businesses to locate
downtown.
Commissioner Outlaw asked Mr. Sweeney to elaborate on his comment that the
focus would be on the youth of the church.
Mr. Sweeney said there would be youth group activities and bible study but that
the facility would be for everyone.
Commissioner Miller stated that this is an appropriate location for a church since
it was obvious that the furniture store did not do well.
Commissioner Mathieson said that retail doesn't seem to do well at the location
and perhaps a church would be a good use.
There was further discussion about the parking arrangements.
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Commissioner Miller moved to approve the request with the stipulation that it be
for 2 years: seconded by Commissioner Mathieson. The motion was approved 6-
3 with Commissioners Holzman. Pierce and Geigel opposed
2. REQUEST FOR A CONDITIONAL USE PERMIT
OWNER: Shops at Hancock, LLC
APPLICANT: Jeff Icardi
REQUEST: To amend Resolution No. 1177 to allow for a Planned Unit
Development (PUD) with zero lot line setbacks and to allow for a parcel that does
not have right-of-way frontage.
EXISTING ZONING: C-2, General Commercial.
SIZE OF PARCEL: +/- 40 acres
• GENERAL LOCATION: Northeastern corner of the intersection of S.R. 50 and
Hancock Road.
EXISTING LAND USE: Retail shops. (Target Super Center)
FUTURE LAND USE DISTRICT: Undeveloped District -5 (UD-5).
FUTURE LAND USE CLASSIFICATION: Commercial.
Planning Director Jim Hitt introduced this request by saying that the request is to
amend Resolution No. 1177, which is a Conditional Use Permit to allow a
commercial shopping center with up to 205,000 square feet of retail and five
outparcels. The existing Conditional Use Permit is for the Shops at Hancock,
more commonly known as Target Shopping Center.
This amendment request is to allow the applicant to establish a separate parcel
within the Planned Unit Development that would not typically be allowed per
current city code. The applicant has decided to sell off the retail shops adjacent
to the Target Super Center. In order to accomplish this, a lot line would have to
be established between the Target building and the remaining retail shops. This
property line would have a zero lot line setback, no landscape buffer, and the
parking within the newly created lot would not meet minimum code requirements,
• Thus requiring an amendment to the existing Conditional Use Permit to allow this
type of deviation.
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The applicant is not requesting any building alterations, or building additions to
the existing site.
Due to the fact that the project will not have any physical site changes, staff
supports the CUP amendment request.
Chairman Pape asked if the applicant was present.
Jeff Icardi, 931 Pace Avenue, Maitland, FL is the representative of the owner and
applicant and explained the history of how this request came about. He said that
the retail sales portion of the building attached to the Target building had been
sold. He added that there is zero lot line between the buildings and therefore
there can be no landscape buffer. He explained that parking on the newly
created lot did not meet city code and that granting this request for a PUD would
eliminate those problems.
Mr. Icardi assured the Commission that both matters have been addressed in the
Restrictions and Covenants and that the retail shops will have access to the entry
from Highway 50 and from Hancock Road.
Chairman Pape asked if there was anyone in the public who wished to address
this matter. There was no one.
Commissioner Outlaw asked if there was a provision the maintenance of the
parking lot so that it does not fall back upon the individual owners.
Mr. {cardi stated that item has been addressed, and that his client was going to
be responsible for that and would then in turn bill the other owners for their
portion of the fees.
_Commissioner Holzman moved to approve the request; seconded by
Commissioner Miller. The vote was unanimous for approval of the request.
Planning Director Jim Hitt mentioned that the next two items were for the same
property and that they would be discussed together and then voted on
separately.
3. REQUEST FOR REZONING
APPLICANT: Cecelia Bonifay
• OWNER: Hancock Commons, LLC
• City of Clermont
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REQUEST: To rezone the subject property from UE Urban Estate to C-2 General
Commercial.
LOCATION: The South side of Highway 50, approximately 330 feet east of
Hancock Road (adjacent to 7-Eleven).
S1ZE OF PARCEL: 13 +/- acres.
EXISTING LAND USE: Vacant.
FUTURE LAND USE DESIGNATION: Lake County Urban.
EXISTING ZONING: UE-Urban Estate.
Planning Director Jim Hitt introduced this request by saying that the subject
property is a 13 acre tract located on the south side of Highway 50 and east of
Hancock Road. The property is currently zoned Urban Estate (UE) and is
adjacent to city utilities. Since all annexed properties enter the City with UE
Urban Estate Residential zoning, the applicant is requesting a rezoning to C-2
General Commercial zoning.
Prior to annexation, the property had a county zoning of CP (Planned
Commercial), and had a future land use of Community Commercial. The owner is
currently developing a master development plan for a shopping center, with four
outparcels.
The property to the west is an existing commercial development (7-Eleven), to
the north is the Target shopping center, to the east is undeveloped commercial
property and to the south is the undeveloped portion of the Hills of Clermont
PUD.
The proposed Future Land Use for this area is commercial, and staff believes the
property is appropriately located and complementary to the surrounding uses.
With the prior zoning and future land use of county commercial, staff supports the
request for rezoning to C-2 General Commercial.
4. REQUEST FOR CONDITIONAL USE PERMIT
OWNER: Hancock Commons, LLC
. APPLICANT: Cecelia Bonifay
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REQUESTED ACTION: To allow for a retail shopping center.
EXISTING ZONING: UE, Urban Estate and R-1, Residential.
SIZE OF PARCEL: +/- 13 Acres.
GENERAL LOCATION: South side of Highway 50 approximately 330 east of
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
Planning Director Jim Hitt introduced this request by saying that the applicant
requests a Conditional Use Permit to allow for a commercial village of up to
39,000 square feet, and with 4 outparcels along Highway 50. The proposed
development will consist of restaurants, national retailers and boutique retailers.
• The applicant will also be requesting two variances. The first request will be for a
grading cut up to 9 feet above code (24 foot 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 for the above two items was present
Cecelia Bonifay, Akerman, Senterfitt, 131 West Main Street, Tavares, FL. gave a
recap of the history of this piece of property.
Chairman Pape asked if there was anyone in the public who wished to speak
about either of these requests. There was no one.
Scott Gentry, 1700 N. Orange Ave, Orlando, FL is the engineer for this project
and was present to answer questions.
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Commissioner Outlaw asked if there was cross access from the 7-Eleven to the
west.
Scott Gentry said that there was cross access and that it had been negotiated
when the 7-Eleven was approved for construction. He knows this because he
was the engineer on that project as well.
Commissioner Outlaw suggested that the driveway from 7-Eleven to the project
site be straightened out a bit.
Commissioner Pierce said he was concerned about traffic taking a shortcut
through the property and that there should be speed bumps put in place to
prevent that.
Commissioner Miller commented that there did not seem to be enough
designated parking spaces for the outparcel marked P.T. on the site plan.
She said they were approximately 14 spaces short.
Frank Cannon, 951 Promenade Ave., Lake Mary, FL. of Trycon. Mr. Cannon told
• those present the P.T. stands for Pollo Tropicale which is a chicken restaurant.
Scott Gentry assured the Commission that when the property goes through site
review they will absolutely comply with city code for parking.
Commissioner Miller expressed concern about the restaurants backing up to
what is property that will be residential in the future, and asked if the restaurants
would be accessed from the rear. She was also concerned with where the
dumpsters would be placed.
Mr. Cannon stated that he likes to place restaurants in the end caps of the
buildings that contain both restaurant and retail. The parking in the back will be
strictly for employees and there will be no customer entrance from the rear.
Commissioner Miller asked if there was enough room in the rear of the shopping
center to screen the residential from the commercial.
Scott Gentry said the 10 feet is the required buffer and they have allowed for a
20 foot buffer and will have screening that is more dense than what is required by
code.
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PLANNING AND ZONING COMMISSION
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In the matter of the Rezoning request Commissioner Holzman moved to approve
the request; seconded by Commissioner Outlaw. The vote was unanimous in
favor of the request.
In the matter of the Conditional Use Permit Commissioner Outlaw moved to
approve the request; seconded bV Commissioner Holzman. The vote was
unanimous in favor of the request.
There being no further business the meeting was adjourned.
ATTEST:
,Ya C. McAllister Planning Technician II
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