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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 MINUTES PLANNING AND ZONING COMMISSION July 5, 2005 Page - 2 - 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. 2 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • July 5, 2005 Page - 3 - 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. • City of Clermont MINUTES PLANNING AND ZONING COMMISSION • July 5, 2005 Page - 4 - 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. 4 City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 5, 2005 Page - 5 - 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 MINUTES PLANNING AND ZONING COMMISSION July 5, 2005 Page - 6 - 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 6 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • July 5, 2005 Page - 7 - 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. 7 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • July 5, 2005 Page - 8 - 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. City of Clermont MINUTES PLANNING AND ZONING COMMISSION • July 5, 2005 Page - 9 - 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 ~, • • 9