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11-02-2004 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION • November 2, 2004 The meeting of the Planning & Zoning Commission was called to order Tuesday, November 2 2004, at 7:00 p.m. by Chairman David Pape. Members present were Maggie Miller, Carolyn Mathieson, Sy Holzman, Henry Rhee, and Roger Pierce. David Outlaw, and David Lange were absent. Also in attendance were Darren Gray, Assistant City Manager, Curt Henschel, Planner, Daniel Mantzaris, City Attorney and Jane McAllister, Planning and Zoning Clerk. MINUTES of the Planning and Zoning Commission meeting held October 5, 2004 were approved as written. Assistant City Manager announced that the KMH Small Scale Comprehensive Plan Amendment and the KMH Rezoning needed to be postponed to December 7, 2004. Commission Member Holzman moved to postpone the KMH Small Scale Comp Plan Amendment until December 7. 2004; seconded by Commission Member Pierce. The vote was unanimous for the postponement to December 7 2004. Commission Member Holzman moved to postpone the KMH Rezoning until December 7. 2004; seconded by Commission Member Pierce. The vote was unanimous for the postponement to December 7. 2004. 1. REQUEST FOR LARGE SCALE. COMPREHENSIVE PLAN AMENDMENT APPLICANT :Cecelia Bonifay, Esq. OWNER: Charles E. Bosserman, Jr. and Phillip H. Bosserman, Trustees REQUEST: For an amendment to the Future Land Use Map and a second amendment to the Future Land Use Element Appendix C language to allow for a commercial/professional office project. LOCATION: Parcel generally located of Highway 27 and Citrus Tower Blvd on both sides of Highway 27. EXISTING LAND USE: Vacant. SIZE OF PARCEL: 60+/-acres FUTURE LAND USE DISTRICT: Undeveloped District 7 (UD-7). FUTURE LAND USE CLASSIFICATION: Residential. City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 2, 2004 Page - 2 - Planner Barbara Hollerand introduced this request by saying that this is a request for an amendment to the Future Land Use Map and a second amendment to the Future Land Use Element Appendix C language to allow for a commercial/professional office project. The two amendments are being combined as one large-scale comprehensive plan amendment submittal. The vacant, 60-acre parcel is on both the east and west sides of U.S. 27 at the proposed future intersection of U.S. 27 and the South Lake Connector/Citrus Tower Blvd extension. The property is currently in the UD-7 land use district and has a residential land use. The applicant requests a land use change to the UD-7 language to allow commercial/professional office on this particular parcel in UD-7. The parcel is currently zoned R-1 single-family medium density residential. A restaurant use is the only commercial use staff will support on the east side of U.S. 27. As such, staff recommends approval of the Future Land Use Map change and the Future Land Use Element Appendix C change for the 60-acre • parcel only if the followina is amended in the proposed UD-7 #7 languaae: Property in Section 5, Township 23 South, Range 26 East and located west of U.S. 27 and north of the section line shall be allowed commercial and professional office as a Planned Unit Development (PUD). Property in Section 5, Township 23 South, Range 26 East and located east of U.S. 27 shall be allowed restaurant ssr~aersia~l and/or professional office. Chairman Pape asked if the applicant was present. Cecelia Bonifay of Akerman, Senterfitt stated that they agree with the plan for the West side, however they differ in opinion on the use for the East side. The applicant wants to be able to have commercial and professional uses and not be restricted to restaurant and professional. Ms. Bonifay distributed some aerial photos that indicate the parcels in question, as well as the surrounding area, and the various commercial ventures already in place. She went on to say that the parcels on the east side of U.S. 27 should not be limited to restaurant and professional office, but should be allowed to have some "neighborhood" retail as well. Ms. Bonifay stated that the vision is for a combined development plan for both • sides of U.S. 27. 2 City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 2, 2004 Page - 3 - Chairman Pape asked if there was anyone in the public who wished to speak about this project. There was no one. Commission Member Miller asked staff why they were recommending restaurants as the only allowed commercial on the east side of U.S. 27. Planner Curt Henschel stated that a large section to the north in Lost Lake that is designated only as professional office, and that staff felt the same use should continue through this property. Planner Barbara Hollerand stated that originally staff was only going to recommend professional office on the east side of U.S. 27, but then decided to recommend restaurants but no other commercial use. Commissioner Pierce expressed concern about a commercial development abutting the residential neighborhood to the west on the west side of U.S. 27. Cecelia Bonifay said that the developer looked at possibly having multifamily as a transitional use, but did not get support from City Staff. She went on to say that it will be a major intersection with a six lane interstate highway and a major • connector road for south Lake county. Chairman Pape asked if a trip count for that intersection has been done. Jane Caldero, Avid Engineering, 2300 Curlew Road, Palm Harbor, FL stated there will be an estimated 12,000 vehicles a day. Commission Member Mathieson asked if that estimate was based on square footage. Jane Ca{dero said the estimated trips per day were based on a little over 400,000 square feet of commercial and 60,000 square feet of professional use. Commission Member Holzman asked if the right of way for the connector has been dedicated. Cecelia Bonifay said that it had been. Maggie Miller asked how much of the property on the east side could be built upon at Lake Felter. Randy Langley, Clermont, FL said that there are approximately 13 acres that can • be used for development. 3 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • November 2, 2004 Page - 4 - Commission Member Rhee asked when the estimated traffic count was done. Randy Langley said it was done in 2002. Commission Member Pierce expressed concern that there has been too much grading done along U.S. 27, and said he does not want to see the natural land destroyed any further. His specific concern was for the topography on the west side of Highway 27. Randy Langley said that the commercial site will be terraced with several small buildings and that there will be no big boxes. He added that the elevation of the connector road will dictate the elevation of the buildings. Commissioner Pierce asked if this particular project will ever come before the Planning & Zoning Commission again. Barbara Hollerand assured Commissioner Pierce that the project would be back for a Conditional Use Permit for a PUD and at that time there would be more details. This is only to allow for the change in land use. . Commissioner Mathieson asked what size the professional office buildings would be. Randy Langley said there would be three buildings, each with approximately 20,000 square feet of space. Commission Member Rhee asked if the intersection would have a signal. Ms. Bonifay said that it would. Commissioner Rhee then asked the distance from there to the signal at Highway 27 and John's Lake Road. Randy Langley said it was approximately'/Z mile. Commission Member Sy Holzman moved to approve the application as submitted and recommended forwarding the transmittal seconded by Commission Member Maggie Miller. The vote was unanimous in favor of the motion. 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Steve Kelly 4 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • November 2, 2004 Page-S- OWNER: KRV Clermont Corporation REQUEST: To allow a retail shopping center with 8 users. EXISTING ZONING: C-2 General Commercial. SIZE OF PARCEL: 3.2 +/- acres GENERAL LOCATION: Just north of the existing Amsouth Bank on Highway 27, north of Hancock Road. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District 7 (UD-7) FUTURE LAND USE CLASSIFICATION: Commercial Planner Curt Henschel introduced this request by saying the applicant requests a CUP for a retail shopping center with more than four (4) users. The parcel is zoned PUD as part of the overall Kings Ridge Development. The parcel is in an area designated for commercial development as part of the master development plan. The site is adjacent to the new Amsouth Bank on Highway 27 and is currently undeveloped with planted pines. In July 2004 the developer obtained approved plans by the City to build the shopping center as presented on the site plan. At this time only four users were planned for the building, thus not requiring the Conditional Use Permit. Now the developer has eight proposed users and is required to obtain a Conditional Use Permit for their use. The site plan and the building will remain unchanged from the approved shopping center. The request is only for additional users not an increase in space. There s a mixture of commercial uses in the vicinity of the subject property. The subject property is surrounded on 2 sides by the municipal limits of Clermont and to the north is County commercial property (Orange Mountain Fruit Co.) Staff recommends approval of this request for a CUP. Chairman Pape asked if the applicant was present. Steve Kelly, 5021 Laurel Street, Suite 200, Tampa, FL. 33607 stated that the buffer walls and retention areas have already been constructed. The plans have City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 2, 2004 Page - 6 - been approved and the only change is 8 uses instead of 4 uses in the same space. Chairman Pape asked if there was anyone in the public who wished to address this request. There was no one. Commission Member Mathieson moved to aaprove the reguest• seconded by Commission Member Pierce. The vote was unanimous for approval 3. REQUEST FOR CONDITIONAL USE PERMIT APPLCANT: Progressive Development Group, Inc. OWNER: SunDev Properties Inc./Skyline 27 Inc. EXISTING ZONING: C-2, General Commercial -SIZE OF PARCEL: 1.92 +/- acres. GENERAL LOCATION: Southwest corner Highway 27 and Grand Highway. EXISTING LAND USE: Construction site for future B.P. Station. LAND USE DISTICT: Undeveloped District -3 (UD-3) LAND USE CLASSIFICATION: Commercial. Planner Curt Henschel introduced this request by stating that the request is to remove a condition within the existing Conditional Use Permit requiring the applicant to construct intersection improvements prior to issuing a final certificate of occupancy for the project. The following text is directly from the applicant depicting the hardship that is before them: Current Conditional Use Permit (Resolution No. 1377) contains language which requires reconstruction of Grand Highway as a three (3) lane roadway from Highway 27 to Bloxam Avenue, as well as a westbound left tum into the westernmost driveway and eastbound taper into the same driveway. However, the above Conditional Use Permit requires completion of the roadway improvements prior to issuance of a Certificate of Occupancy for the B.P. project. 6 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • November 2, 2004 Page-7- Although the language requiring the completion of the roadway improvements prior to issuance of a Certificate of Occupancy was included by the City Counci! during its public hearing on May 25, 2004, it is clear that the City Council did not envision the delays currently being encountered in completing the intersection improvements. The layout and engineering for the proposed intersection improvements were required to be redone due to specific changes requested by the City. Although the applicant, 8. P., is more than willing to construct the intersection improvements, Lake County has already finalized the selection of a contractor and has issued payment for the intersection improvements. Therefore, timing of the improvements is being directed by an outside entity for which B.P. has no control. A further delay, which is due to the recent hurricanes affecting the area, is the unavailability of Progress Energy to accomplish certain work on the site, which must be completed prior to construction. This particular site for B. P. has been allocated and budgeted for the year 2004. If B.P. is unable to move forward to complete the site in the year 2004, it will lose .its allocation and budgeting for the site, and the funds will be designated for another site. • Based on the above information, the requirement for completion of the intersection improvements prior t issuance of a Certificate of Occupancy for the 8. P. site is an undue hardship and will seriously jeopardize the construction of the site by B.P. Curt Henschel stated that after consideration of the request, staff continues to maintain their position and believes the intersection improvements are essential for the project to function properly. Staff recommends denial of the amendment request. Chairman Pape asked if the applicant was present. Cecelia Bonifay, Esq, Akerman SenterFitt representing the applicant gave out a "Chronology for Development" of the B.P. site at Highway 27 and Grand Highway. Ms. Bonifay went through the chronology item by item and ended by saying that the original Conditional Use Permit was signed "under duress". She added that because of the 4 hurricanes that went through Florida companies like Progress Energy and Sprint have not been responsive to B.P.'s requests for assistance in moving a large power pole that stands in the way of the roadway improvements. 7 City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 2, 2004 Page - 8 - Ms. Bonifay stated that since B.P. has absolutely no control over these circumstances they should be able to complete their construction and receive a Certificate of Occupancy before the intersection improvements are complete. Chairman Pape asked if there was anyone in the public who wished to speak regarding this request. There was no one. Commissioner Pierce asked Ms. Bonifay if B.P. has offered any guarantee that the improvements would still be done if they got their Certificate of Occupancy, such as a bond. Ms. Bonifay stated they would gladly offer a bond tonight. Commissioner Miller stated that she was present at the City Council meeting when this condition was added to the Conditional Use Permit and agreed with it at the time, but that she understands why they are now asking for a waiver of that condition and as long as there is assurance the improvements would be make she would be willing to waive the condition. Commissioner Holzman asked the City Attorney if the conditions which have caused the delays to the intersection improvements could be considered a hardship. City Attorney Daniel Mantzaris stated that he doesn't know if the Commission can look at the hardship until they determine that the condition itself isn't a valid condition for this project. Regardless of the reason why the condition hasn't been met you have to make the determination about whether the condition is a reasonable requirement as it relates to this project. Chairman Pape asked Assistant City Manager Darren Gray for his view on the request. Assistant City Manager Darren Gray stated that he gets more complaints from residents of the city about this intersection than any other. He said the impact of the additional traffic would compound the issue. Chairman Pape asked Darren Gray if the City would consider accepting a 150% bond from B.P. to assure they were a motivated as we are to have the improvements done. Darren Gray said he would have to defer that decision to the City Council. 8 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • November 2, 2004 Page - 9 - City Attorney Daniel Mantzaris interjected that bonding does not get to the bottom of the issue. It does not insure the timely completion of the project. Commissioner Pierce voiced his opinion that B.P. has no control over several aspects of the situation, and should not be held up because of circumstances beyond their control. He suggested removing the condition in question and adding that a 150% bond with a time limit, perhaps a year, might be a solution to assuring that the intersection improvements are completed in a timely manner. Cecelia Bonifay stated that B.P. has been in contact with the county's contractor and offered to pay extra for him to do B. P.'s work along with the intersection, and that B.P even offered to pay him a bonus to do the work right away. They have not received a response to that offer. Andrew Mulligan, Project Manager and Construction Engineer for B.P. stated that B.P. was in contact with the county contractor and asked for a bid from him to do the work that would meet both City and County requirements, and that was the part B.P. would bond, and only bond. He stated further that he has not received a response. • Wilson Abreu with Progressive Development Group. Sent plans to County contractor and has not heard back from him. Commission Member Holzman moved to deny the request to amend the Conditional Use Permit: seconded by Commission Member Miller. There was further discussion as the Commissioners expressed their opinions. Commissioner Maggie Miller stated that it was a difficult intersection and will be even worse if B.P. opens and the road has not been corrected. She said she does not want to see B.P. suffer financial consequences, but if there were tragic consequences as a result it would reflect back on the people who made the decision to allow B.P. to open without having the intersection improvements done. Commissioner Sy Holzman said that having had the four hurricanes in a short period of time have tied everyone up including the construction company that is doing the roadwork. You are asking us to relieve you of an obligation even though we (the City) have no control over these acts of nature. It is a problem for B.P. but that does not relieve us of our responsibility to look at the situation in a clear and appropriate manner. • 9 City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 2, 2004 Page -10 - Commissioner Roger Pierce said it is the duty of the Commission to mediate this problem. B.P. has no control over the county. We as a group have a duty to help these people to achieve their goal. We need to have a softer heart to help these people. The vote was 4-2 in favor of denYing the request with Chairman David Pape and Commissioner Roger Pierce voting "nay". 4. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Progressive Development Group, Inc. OWNER: Sebastino and Antonia Poma REQUEST: To amend an existing Conditional Use Permit. (Remove the requirement for intersection improvements prior to issuing the final Certificate of Occupancy.) EXISTING ZONING: C-2, General Commercial. SIZE OF PARCEL: 2.35 acres GENERAL LOCATION: Southeastern corner of the intersection of S.R. 50 and Grand Highway. EXISTING LAND USE: Vacant. LAND USE DISTRICT: UD-2, Undeveloped -2 LAND USE CLASSIFICATION: Commercial. Planner Curt Henschel introduced this request by saying that the request is to remove a condition with in the existing Conditional Use Permit requiring the applicant to construct intersection improvements prior to issuing a final Certificate of Occupancy for the project. The following text is directly from the applicant depicting the hardship that is before them: Current Conditional Use Permit (Resolution No. 1383) contains language which requires completion of transportation improvements to Grand Highway prior to issuance of a Certificate of Occupancy for the 8. P. project. 10 City of Clermont MINUTES PLANNING AND ZONING COMMISSION November 2, 2004 Page - 11 - Although the language requiring the completion of the roadway improvements prior to issuance of a Certificate of Occupancy was included by the City Council. during its public hearing, it is clear that the City Council did not envision the delays currently being encountered in completing the intersection improvements. Initial delays were occasioned by the need to determine the alignment of the proposed intersection improvements, which required meetings with the City, FDOT and Lake County. The layout and engineering for the proposed intersection improvements were prepared by the applicant, however, reengineering and revisions were required based on numerous meetings with the City and Lake County. This particular site for B. P. has been allocated and budgeted for the year 2004. If B.P. is unable to move forward to complete the site in the year 2004, it will lose its allocation and budgeting for the site, and the funds will be designated for another site. Based on the above information, the requirement for completion of the intersection improvements prior to issuance of a Certifrcate of Occupancy for the 8. P. site is an undue hardship and will seriously jeopardize constriction of the site . by 8. P. After consideration of the request, staff continues to maintain their position and believes the intersection improvements are essential for the project to function properly. Staff recommends denial of the amendment request. Cecelia Bonifay gave everyone a handout of "Chronology for Development of Site at SR 50 & Grand Highway by BP" and proceeded to go over every item. She also handed out "Citations to Transcript of June 22, 2004, at Clermont City Council Meeting to Approve CUP for BP site at SR 50 @ Grand Highway." Ms. Bonifay said the condition in question is not a reasonable request, and that B.P. is going to be required to move a large power pole at an expense of $20,000.00. Ms. Bonifay said that the requirements go beyond any Rational Nexis Test, which means that you can not be required to make improvements that exceed what the impact of the facility will be. The City is also asking for 22 feet of right-of-way to be dedicated to improve this intersection. Chairman Pape asked if there was anyone in the public who wished to address this request. There was no one. • 11 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • November 2, 2004 Page - 12 - Commissioner Holzman asked why there have been so many changes in the improvements for the intersection. When the City Council approves conceptual plans at a Council meeting that is just the beginning of the process. The actual construction plans go through the process of site review and that is where changes are made. Commissioner Miller asked why the latest plan is objectionable to B.P. Cecelia Bonifay replied that the plans weren't shown to B.P. until September 2004. Another issue is the sewer. Ms. Bonifay said there is a lift station at the site that is available, has capacity and is permitted. She said she doesn't understand why they are being required by the City to extend a sewer line 2,000 feet and not being allowed to use what is there on the site. City Attorney Mantzaris reminded those present that the sewer was not the issue of tonight's hearing. Commissioner Miller asked Darren Gray for his assessment of this intersection. • Mr. Gray replied that the intersection gets backed up on Highway 50 because of the Racetrac gas station entrance. Commissioner Miller pointed out that construction has not begun at that site yet and asked why the urgency. Leslie Bachelor from B.P. stated that the property is now under lease and has been since early this year. They are trying to work out the issues, but the longer the project take to complete the less cost effective it will be. There was further discussion between the Commissioners as to the need to keep this condition as part of the Conditional Use Permit. Cecelia Bonifay stated that B.P. is not saying they will not do the ultimate design that the city has required. They are ready to move forward and do the intersection as the city wants it to be done. It is a timing issue. If the City wants a bond with a time limit on it they will be happy to do that. Chairman Pape stated that he would need a guarantee that B.P. will do what they say they are going to do. • Leslie Bachelor of B.P. stated B.P. would be willing to offer a Bond and agree to have it done within 9 months. 12 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • November 2, 2004 Page - 13 - Wilson Abreu of Progressive Development stated that there is a large power pole that has to be moved and that Progress Energy will not be able to relocate it until 8 months after they receive the $20,000 deposit from B.P. Commission Member Holzman moved to approve the request for an amendment to the CUP conditioned on the submission of a Bond for 150% of the bid to be callable in one (1) near, seconded by Commission Member Mathieson. The vote was unanimous for approval of the motion. There being no further business the meeting was adjourned. d Pape, ATT e ,. - ~ ~~~~ • J C. McAllis r -Planning Technician II %~ • 13