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05-04-2004 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2004 The meeting of the Planning & Zoning Commission was called to order Tuesday, May 4, 2004, at 7:00 p.m. by Chairman David Pape. Members present were Maggie Miller, David Lange, Roger Pierce, Henry Rhee, Carolyn Mathieson, and David Outlaw. Richard Tegen and Sy Holzman were absent. Also in attendance were Barry Brown, Director of Planning, Sharon Farrell, Planner, and Robert Guthrie, City Attorney. MINUTES of the Planning and Zoning Commission meeting held April 6, 2004 were amended by addendum submitted by Commission Member Maggie Miller and approved as amended. REPORTS Planning Director Barry Brown introduced Darren Gray who is the new Assistant City Manager. Mr. Gray told those present about his education and previous experience. He expressed enthusiasm for his new position. • 1. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Eric Dahl for Citrus Hills Bible Church OWNER: Jack & Ann Gaddy REQUEST: To allow the operation of a church in the Central Business District. LOCATION: 741 Montrose Street EXISTING LAND USE: Vacant building/business space. FUTURE LAND USE DISTRICT: Established Business District -1 (EBD-1) FUTURE LAND USE CLASSIFICATION: Central Business District. ZONING: CBD, Central Business District. Planning Director Barry Brown introduced this request by saying that the applicant intends to establish a church at an existing business plaza in the downtown Central Business District. • • City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2004 Page - 2 - The applicant desires to occupy a 1,920 square foot space locally referred to as the Joan Crawford Dance Studio. The church proposes to have 90 seats for services that will operate Sunday afternoon and Wednesday evenings. Staff has concerns over parking accommodations because of the limited number of on site parking spaces. Staff also has concerns about the appropriateness of a church occupying a retail store front in the downtown redevelopment area. As is the City's practice for churches in temporary locations staff is recommending approval for a two year time period. Due to the fact that the City of Clermont's public parking lot is located directly across the street from the proposed church, and the hours of operation do not occur at peak business hours, staff recommends approval of the request. Chairman David Pape asked if the applicant was present and would like to address the Commission and if anyone else would like to address this request. • Eric Dahl, 10701 Belo Horizonte Ave, Clermont, FL 34711 was sworn in and that the church meets at Windy Hill Middle School at present, but needs a more suitable facility. Heath Bauer, 201 Hunt Street, Clermont, FL 34711 was sworn in and said that he is the pastor of the church and asked the Commission to approve this request. J.J. Dahl, 10701 Belo Horizonte Ave, Clermont, FL 34711 asked that the Commission approve this request. Maggie Miller asked the current size of the congregation. Mr. Dahl said there were approximately 45 church members. Roger Pierce asked the maximum capacity of the space. Mr. Dahl replied that Capt. Anderson of the Clermont Fire Dept. had told him the space could hold 285 people. Roger Pierce asked if there was only one toilet, and if so questioned if it would be enough to accommodate the congregation. • . City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2004 Page - 3 - Eric Dahl said that at present one toilet would be enough, but that if the need increases they were prepared to add more as needed. Commission Member Miller moved for approval of the request• seconded by Commission Member Pierce. The motion passed with all members voting "aye" 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT & OWNER: Rajesh Patel REQUEST: To allow the expansion of an existing gas station, convenience store. LOCATION: 477 E. Highway 50. EXISTING LAND USE: Texaco Station. • FUTURE LAND USE DISTRICT: Established District -2 EBD-2 . ~ ) FUTURE LAND USE CLASSIFICATION: Commercial. EXISTING ZONING: C-2 General Commercial Planning Director Barry Brown introduced this request by saying that the applicant is requesting to expand an existing gas station/convenience store. The expansion will consist of a 262 square foot addition to the existing building. The expansion will provide additional retail space within the convenience store. Parking will be reconfigured and enlarged to accommodate the additional square footage. Mr. Brown added that there was not a CUP on this property in the past and that the owner has agreed to provide additional landscaping on the site. Chairman David Pape asked if the applicant was present and would like to speak. • • City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2004 Page -4- • Rajesh Patel, 12801 Lake Valley Drive, Clermont, FL was sworn in and stated that he is in need of more room for retail sales and asked the Commission to approve the request. Commission member Pierce moved for approval of the request; seconded by David Lange. The mofion passed with all members voting "aye': 3. REQUEST FOR A SMALL SCALE LAND USE MAP AMENDMENT APPLICANT : Akerman and Senterfitt, Cecelia Bonifay OWNER: Ruby and Hamechand Ramsaarup REQUEST: A small scale land use map amendment to allow for a gas station with car wash and convenience store. GENERAL LOCATION: Southwestern corner of the intersection of Highway 27 and E. Grand Highway. LAND USE DISTRICT: Undeveloped District -3 (UD-3) FUTURE LAND USE DISTRICT: Undeveloped District -5 )UD-5) FUTURE LAND USE CLASSIFICATION: Commercial. EXISTING ZONING: C-2, General Commercial. Sharon Farrell introduced this request by saying that the Land Use District UD-3 does not allow for Highway commercial activities at this location. To develop a gas station the Land Use District must be amended to allow for the highway commercial use. The proposed change will re-designate the 1.92 acres from UD- 3 to the UD-5 Lane Use District designation which allows for highway commercial and therefore gas stations. The FLU Classification is commercial which is appropriate for the proposed use. Concurrent with this small scale map amendment a request for a Conditional Use Permit is being processed. • City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2004 Page -5- Staff recommends approval to expand the boundaries of the UD-5 district to include this parcel for development as a gas station with convenience store and car wash. 4. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT : Akerman and Senterfitt, Cecelia Bonifay OWNER: Ruby and Hamechand Ramsarup REQUEST: To allow for the construction of a gas station with car wash and convenience store. EXISTING ZONING: C-2, General Commercial. • GENERAL LOCATION: Southwestern corner of the intersection of Highway 27 and E. Grand Highway. EXISTING LAND USE: Vacant motel. LAND USE DISTRICT: Undeveloped District -3 (UD-3) LAND USE CLASSIFICATION: Commercial Sharon Farrell introduced this request by stating that the property is currently zoned C-2. In C-2 zoning a CUP must be obtained to operate a highway commercial convenience store. There is a mixture of commercial uses in the vicinity of the subject property. The proposed Conditional Use Permit meets the intent, and is consistent with ,applicable sections of the Lake Development Regulations. The site's access to a state arterial road network is an efficient use of the traffic circulation system provided the development orders address site and traffic management conditions; the proposed use should not negatively impact the area. With the establishment of the commercial and service uses in close proximity there is a functional relationship between existing uses and this proposed use. It is reasonable to expect re-development of the site with the newly established retail uses of the Citrus Tower Village Shopping Center. The re-development of • this parcel will provide buffers for the residential use to the west. Staff • City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2004 Page -6- recommends approval wit conditions as enumerated and with some additional conditions that Planning Director Barry Brown would like to add. Planning Director Barry Brown stated that in Section 3, Transportation Improvements there were some modifications that he wanted to make to the Conditional Use Permit. Mr. Brown stated as per item number 1 that there should be only one driveway from the site to E. Grand Highway and that this connection shall be located as far west as possible to meet acceptable transportation safety planning principles. In addition Grand Highway should be a three lane roadway segment from Highway 27 back to Bloxam Ave. with four lanes at the 27 intersection. Mr. Brown added that the roadway as it exists is three lanes and then tapers down to two lanes. The road needs to be widened so as to provide a westbound left turn lane into the site which will also allow for the maximum amount of stacking for the • eastbound left turn on to Highway 27. There should also be a right turn lane into the site from Grand Highway. Mr. Brown added that Lake County Government has already designed improvements to Grand Highway that provide for four lanes at the intersection of 27. There will be a westbound lane and three eastbound lanes to include: a dedicated left turn, a through and a dedicated right turn lane. Mr. Brown went on to say this design should be accommodated within the existing right of way. If not, the property owner would be asked to dedicate the necessary additional right of way to accommodate the additional right turn lane and the sidewalk. David Outlaw asked if that were the case would the City waive the required 20 foot landscape buffer. Barry Brown said that although it would require a variance the City would be willing to accommodate the owner by allowing a 10 foot landscape buffer. David Pape asked if the applicant would like to address the Commission. Cecelia Bonifay, of Akerman & Senterfitt, representing B.P. Products North America. • City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2004 Page -7- Ms. Bonifay stated that she was surprised and taken aback at the new conditions that the City wants to add to the Conditional Use Permit in Section 3, Transportation. Ms. Bonifay stated that the new B.P. station is a prototype and not the typical gas station. This a great new product that meets the communities needs. Jonathan Ballew, Zoning and Development Manager for B.P. Global Alliance, 5909 Peachtree-Dunwoody Road, Suite 600, Atlanta, GA 30328, was sworn in and stated that B.P. is excited to bring three new stations to the City of Clermont. He went on to show pictures of both the inside and outside of the proposed facility. He pointed out the maximized landscape areas and the buffer wall at the rear of the property. Mr. Ballew pointed out that the conceptual site plan includes two driveways on E. Grand Highway and introduced his traffic expert to explain why two driveways • are necessary to the site. Joseph T. Roviaro, Director of Transportation Planning, Luke Transportation Engineering Consultants, P.O. Box 941556, Maitland, FL 32794, was sworn in and said that driveway from Highway 27 was moved south away from the intersection and they added a right turn lane into the site. The driveways on E. Grand Highway are both needed. He said they did a stacking analysis on E. Grand Highway and there was no indication that traffic would back up on to Highway 27 and there was no problem with stacking at the eastern most driveway which is the one the City is asking to remove. Cecelia Bonifay asked that the Commission approve the Comprehensive Plan Amendment which is staff's recommendation. In the matter of the Conditional Use Permit Ms. Bonifay said they will be certainly meet City Codes. She stated further that the site plan they submitted did not include the items Barry Brown indicated would be required by the City and she asked that the Commission approve their original request as presented. Commission Member Pierce asked for someone to define the "wall" around the retention area. Ken Hardy, Progressive Development Group, 5205 Lois Avenue, Tampa, FL. • 33611, was sworn in and said that the wall would be a masonry wall behind the City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2004 Page -8- retention pond, along the rear of the property, with a chain link fence in front of the pond. The area will be fully landscaped. David Pape asked if there was anyone in the audience who would like to speak about this request. There was no one. Commission Member Rhee asked if the present three lanes would work to serve the site without problems. Joseph T. Roviaro replied that it indeed would but also said that having an additional left turn lane would be more efficient. Commission Member Rhee asked if the traffic analysis was done over 24 or 48 hours. Mr. Roviaro replied that the analysis was done over a 2 hour period on a typical week day. This particular study was done on a Thursday. He added that there • would not really be many new trips added to the intersection because people stop to get gas on their way to and from someplace else. Mr. Rhee recommended that the traffic study done by Luke Transportation be compared with the County's and possible compromises made. Barry Brown explained the existing problems at the intersection of E. Grand Highway and Highway 27 including the fact that the eastbound lanes are improperly striped at this time. He further explained that traffic stacks up in the eastbound lanes and without a left turn lane into the site traffic will stack up in the westbound lane back on to Highway 27. David Lange asked if E. Grand Highway was ever going to match up with Citrus Tower Blvd. on the west side of Highway 27, adding that the County should be planning for 10 to 20 years in the future not just for the immediate needs of the community. Mr. Pierce observed that the gas station across the highway from this proposed B.P. station has an driveway on Citrus Tower Blvd. that is close to Highway 27 and cars sit there for a very long time waiting for an opportunity to exit the site because of the traffic. • • City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2004 Page -9- Mr. Pierce also said that he drives a motor home on occasion and travels to a station in Minneola that provides an entrance lane at the end of the facility and therefore easy access as well as safer access. Mr. Pierce said that allowing the eastern most driveway on Grand Highway would create a safety hazard. David Outlaw asked if there would be any additional right-of-way needed to meet the County plan, Barry Brown said there is a discrepancy between B.P. and Lake County on how much right-of-way there is. He said he intends to get with the County staff to determine exactly how much right of way there is. If there is approximately 73 feet as the County plans show there would be no additional right-of-way required to do the four lanes. . David Outlaw asked the applicant if B.P. would be willing to work with the County on road right-of-way. Cecelia Bonifay said they would work with the County on that, but since their traffic experts have told them it is a better and safer site to have two access points on Grand Highway there might be some sort of compromise. Carolyn Mathieson said that it is a beautiful project and that Citrus Tower Blvd. is a very large and important roadway. She stated further that we have not begun to see the traffic that this ring around Clermont will generate. Carolyn Mathieson made the point that the entrance on Highway 27 to the site would be easier to use than would the easternmost driveway on Grand Highway indicated on the original plan. Barry Brown said that the applicant should be required to provide the 3 lane roadway prior to receiving a Certificate of Occupancy for their site and that the fourth lane could be called for in the future. Barry Brown also apologized to the applicant for not having gotten the new requirements to them in a more timely manner. • Y • City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2004 Page -10- David Lange said he thinks that two driveways are enough for this site and a third is not necessary. Maggie Miller commented that she is very impressed with the proposed landscape design for the site. Chairman David Pape called for a motion, first for the Small Scale Land Use Map Amendment and then for the Conditional Use Permit. In the matter of the Small Scale Land Use Map Amendment, Commission Member Outlaw moved to approve the request; seconded by Commission Member Mathieson. The motion passed with all Members vofing "ave" In the matter of the Conditional Use Permit, Commission, Member Outlaw moved to approve the request as amended by Staff fo allow one driveway on Grand Hi_ghway which is to be placed as far west as possible, that Grand Highway be constructed as a three lane roadwav prior to Certificate of Occupancy that there be a left turn and a right turn lane into the site from Grand Highway and that the Commission recommends a review of the Lake County roadwav plans• seconded by Commission Member Pierce. The motion passed with all Members voting °`ave„ Discussion of Non-Agenda Items There being no further business the meeting was adjou D a v i d, ~?a ~ ezYL h a i ran a n ATTE /~ `~j ~' .~ J .McAllister PI`anning Technician II •