03-04-2003 Regular Meeting• CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
March 4, 2003
The meeting of the Planning & Zoning Commission was called to order Tuesday, March
4, 2003, at 7:10 p.m. by Chairman Richard Tegen. Members present were, Maggie
Miller, John Carlson, Dave Lange, David Pape, Ronaldo Camargo, Sy Holzman, John
Atwater and Jim Douglas. Also in attendance were Barry Brown, Director of Planning,
Robert Guthrie, City Attorney and Jane McAllister, Planning Technician II.
Chairman Richard Tegen introduced Jim Douglas who is the newest member of the
Planning and Zoning Commission. Mr. Douglas told those present a little about himself
and said he looked forward to being part of the Commission.
Chairman Dick Tegen then asked for nominations for Chairman and Vice Chairman to
serve during 2003.
John Carlson nominated Dick Tegen for Chairman and John Atwater for Vice Chairman.
David Pape seconded that nomination.
• Maggie Miller nominated Sy Holzman for Chairman and John Atwater for Vice
Chairman. David Lange seconded that nomination.
John Atwater nominated Sy Holzman for Chairman and Maggie Miller for Vice
Chairman. David Lange seconded that nomination.
Richard Tegen was elected to serve as Chairman for another year by a vote of 5-4.
John Atwater was elected to serve as Vice Chairman for another year by a unanimous
vote.
MINUTES of the Planning and Zoning Commission meeting held February 4, 2003 were
approved as written.
REPORTS
Maggie Miller asked Planning Director Barry Brown if he had addressed the problem of
the lighting at the McDonald's on Highway 50 and Hancock Rd.
Mr. Brown replied that he had not as yet, but that he would call her tomorrow.
• David Lange informed those present that he attended a meeting on February 26, 2003
in reference to the Malik CUP request, as a resident of the Lakeview Hills community.
• CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
March 4, 2003
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1. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: James H. Lowe, Executive Director, Lake Community Action Agency, Inc.
OWNER: Lake Community Action Agency, Inc.
REQUEST: For a Conditional Use Permit for a child development center in the C-1
zoning district.
LOCATION: Northwest corner of Bloxam Ave. and Desoto St.; north of Clermont
Elementary School.
EXISTING LAND USE: Vacant and undeveloped.
FUTURE LAND USE DISTRICT: Non-Established District -4 (NED-4).
• FUTURE LAND USE CLASSIFICATION: Residential.
EXISTING ZONING: C-1, Light Commercial District. A child development center is a
conditional use in the C-1 zoning district.
Planning Director Barry Brown introduced this request by saying that the applicant is
proposing to construct a child development center that will provide comprehensive early
childhood development services for children ages infant to 4 years old. This will include
a HeadStart program. The proposed center will serve at least 100 children and their
families.
The property has the proper land use and zoning designations. The proposed use is
appropriate at this location, therefore, staff recommends approval.
James H. Lowe, Executive Director of Lake Community Action Agency, Inc., 501 N. Bay
Street, Eustis, FL. was sworn in and told the Commission of the immediate need for a
facility such as they propose to build. Mr. Lowe said they would like to be up and
running by October 2003. He said they expect to be at or near capacity when they do
open.
Richard Tegen asked if there will be signage to direct the traffic in the mornings so that
the drop offs there will not interfere with the elementary school.
• Barry Brown said that will be considered during the site review process.
Sy Holzman asked Mr. Lowe if he is working with DCF.
• CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
March 4, 2003
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Mr. Lowe said that they are the licensing authority for the Lake Community Action
Agency.
Maggie Miller asked if the agency was non-profit.
Mr. Lowe replied that the project was totally federally funded.
Ms. Miller asked if funding has ever been cut back.
Mr. Lowe said funding has not been cut back in the past eight years and he does not
expect that it will be in the near future.
Maggie Miller said that she helped write the first Headstart child abuse manual and that
it is a wonderful organization.
• David Page made a motion to approve the request.
Sy Holzman requested that the language in number 5 of the General Conditions be
changed to include all stated conditions "as well as state and federal certifications" have
been met.
David Page amended the motion to include the language in number 5 of General
Conditions "as well as state and federal certifications': Sy Holzman seconded the
motion. The vote was unanimous in favor of approval.
2. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Steven J. Richey, P.A.
OWNER: Malik Family Limited Partnership
REQUEST: For a Conditional Use Permit to create a Planned Unit Development to
allow for the construction of a mixed-use development that will consist of residential,
retail, office, personal service and restaurant uses.
LOCATION: Southwest corner of U.S. 27 and Brogden Drive; north of the new Harley
• Davidson dealership.
EXISTING LAND USE: Vacant and undeveloped.
FUTURE LAND USE DISTRICT: Undeveloped -8 (UD-8).
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PLANNING AND ZONING COMMISSION
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FUTURE LAND USE CLASSIFICATION: Commercial.
EXISTING ZONING: C-2, General Commercial.
Planning Director Barry Brown introduced this request by saying that the applicant, is
proposing to develop amixed-use project that will consist of residential, retail,
professional office, personal service and restaurant uses.
The applicant met with the residents of Lakeview Hills subdivision on Wednesday
February 26 to present the project and answer questions and concerns the residents
might have. Mr. Brown stated that he did not attend the meeting but understands that
the proposed project was well received.
Mr. Brown went on to say that the applicant submitted a traffic study that was prepared
to support the construction of Hooks St. and Steve's Road. Since this project had not
been conceived at the time of the study, the property was accounted for as Future C-2
• Commercial development. Staff has requested that a study that reflects the traffic
generation of the specific project be prepared. The study was not available for this
meeting, but will be complete prior to the Council meeting.
Mr. Brown said that the project is a unique approach to the development of the property
and has the potential to be an important asset to the City. The project is appropriately
located and meets the criteria of the land use designations and zoning district,
therefore, staff recommends approval.
The applicant for the Malik Family, Attorney Steven J. Richey turned the floor over to
the architect of the project Timothy Gaus.
Timothy Gaus, 940 Center Circle, Altamonte Springs, FL 32714, was sworn in and
made a detailed presentation of the project. He explained how the project would be
terraced and where each of the uses would be placed, and that they had been arranged
so as to cause as little impact on the adjoining neighborhood as possible. Mr. Gaus said
the footprint for the entire project was smaller than if would be if a big box type of retail
business were to go in its place.
Richard Tegen asked if there was anyone in the audience who wished to address this
request.
. Dave Carroll, 980 Haddock Drive, Clermont, FL., was sworn in and said that he likes the
project but is concerned that the view from his backyard will be into the highest parking
lot. He is afraid the lights from cars parking and the overhead lights for the parking lot
will infringe on his property.
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PLANNING AND ZONING COMMISSION
March 4, 2003
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Attorney Steven Richey assured Mr. Carroll that the overhead parking lights will be
turned to the parking lot and shielded from the neighboring homes. He also pointed out
that there is a twenty-five foot landscape buffer that will be supplemented with additional
planting and that the headlights of vehicles entering the parking lot will hit the wall which
will be lower than the grade of his property.
Dwayne Booth, Farner Barley, 350 N. Sinclair Ave., Tavares, FL was sworn in and said
that the grading of the parking lots will be such as to eliminate headlights from
disturbing neighbors.
Richard Tegen asked if anyone else in the audience had anything to say about this
request. There was no one.
David Pape said he thought is was a great plan but wanted to know where the loading
areas and dumpsters would be located and if the dumpsters would be covered.
• Tim Gaus indicated on the drawings where the loading zones and dumpsters would be
located. He said there were no plans to cover the dumpsters.
David Pape suggested they might want to consider covering the dumpsters so the
neighbors above would not have to look at the trash and garbage.
Tim Gaus replied that his clients will do what is right for the project.
Richard Tegen said that the variances indicated on the application were different from
those presented in the Planning Director's memo.
Barry Brown explained that some of the variance requests on the application were not
correct and needed to be changed.
David Pape asked what was meant by "opaque" landscaping.
Barry Brown said that was landscaping that you could not see through within 1 year
after planting.
Ronaldo Camargo asked if there was going to be a turn lane on Brogden Dr. to
accommodate delivery trucks to the restaurants and retail stores.
• Barry Brown agreed that such a turn lane would be appropriate at that location.
Ronaldo Camargo made a motion to add a westbound left turn lane on Brogden Drive to
the conditions of the Conditional Use Permit. Dave Lange seconded the motion The
vote was unanimous in favor of adding the turn lane.
• CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
March 4, 2003
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David Lange made a motion to approve the request as amended. David Pape seconded
the motion. The vote was unanimous in favor of approval of the recruest.
3. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT AND OWNER: Aftab Qadir
REQUEST: For a Conditional Use Permit to allow a professional office in the R-3
zoning district.
LOCATION: 154 Highland Ave. North of SR 50 and east of East Ave. and east of the
law offices of Bogin, Munns and Munns.
EXISTING LAND USE: Vacant residence.
FUTURE LAND USE DISTRICT: Established Residential District -8 (ERD-8); the
requested use is an allowable use in ERD-8.
FUTURE LAND USE CLASSIFICATION: Residential/Professional District. The
requested use is allowed in the Residential/Professional land use classification.
EXISTING ZONING: R-3-A, Residential/Professional District. A professional office is a
conditional use in the R-3-A zoning district.
Planning Director Barry Brown introduced this request by saying that the applicant is
proposing to convert a property that was formerly used as a residence into the offices
for Tri-County Psychiatric Associates, P.A. T11is property is the last of several
residential properties along this stretch of Highland Ave. to be converted from
residential to office use.
The property has the proper land use and zoning designations. The proposed use is
appropriate at this location, therefore, staff recommends approval.
Robby Joshi, Metro Architects & Planning, Inc. 54-01 S Kirkman Road, Orlando, FL was
sworn in and explained that the building will be used by Tricounty Psychiatric
Associates. There will be offices on both sides of the building and the structure will be
• upgraded to meet code.
CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
March 4, 2003
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Richard Tegen asked if anyone in the audience wished to address this request. There
was no one.
Rubina Kahlid, Tricounty Psychriatic Associates, 300 W. Rosewood, Tavares, FL was
sworn in and said the facility will be used by one doctor and approximately three
counselors each day. In answer to questions from the Commission Ms. Kahlid indicated
it would be an out patient facility only and that group therapy sessions would be held
there.
Sv Holzman made a motion to approve the request. Ronaldo Camargo seconded the
motion. The vote was unanimous in favor of approval.
Planning Director Barry Brown introduced the proposed sign ordinance revisions, which
are attached and are part of this record.
Planner Curt Henschel provided a power point presentation showing comparisons of
signs presently allowed in the City of Clermont with those of other municipalities and
with Lake County.
John Atwater suggested having a decorative design on the top of monument signs.
David Lange suggested that having the address number of the property inserted into a
design at the top of monument signs would assist the public in locating the property.
David Pape said there needed to be a way to allow the smaller tenants in a shopping
center to make their presence known.
He also suggested that the monument sign allowed on a second street frontage be
larger in area than suggested in the proposed sign ordinance.
There was further discussion about the suggested sizes of signs to be allowed.
David Pape made a motion to approve the revisions presented with the exclusion of the
changeable copy signs, and with an addition of architectural design improvement to the
top of monument signs which could contain the numbered portion of the address of the
property. Sv Holzman seconded the motion. The vote was unanimous in favor of the
motion.
• David Pape made a motion to allow 75% of the signage that is allowed on the primary
sign, on a secondary road frontage sign rather than 50 % Sy Holzman seconded the
motion. The vote was unanimous in favor of the motion.
. CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
March 4, 2003
Page -8-
Planning Director Barry Brown introduced Jayson Stringfellow who told the Commission
how important it is for banks to be allowed to advertise on a changeable copy sign. He
said with all the different products that banks have now, it is like any other retail
establishment and they need to advertise.
Rob Behrens who is President of the South Lake Chamber of Commerce and President
of Bankfirst echoed Mr. Stringfellows plea to allow banks the same advertising
opportunity that is permitted for a retail establishment.
David Pape made a motion to allow banks to be considered the same as retail for
signage purposes. Ronaldo Camargo seconded the motion. The vote was unanimous in
favor of the motion.
The subject of changeable copy signs was discussed. Most expressed the opinion that
the manual changeable copy signs now in use are not asthetically pleasing. The
discussion then changed to lighted digital signs.
Mr. Stringfellow and Mr. Behrens both strongly recommended allowing retailers to use
digital message boards.
Mr. Fred Muller who is the manager of Walgreens at Bloxam Ave and Highway 50 said
his changeable copy sign advertising dramatically increases his sales of the products
that are advertised. He asked that the City continue to allow changeable copy in some
form, whether it be the manual type now in place or digital.
There was a lengthy discussion about the percentage of a monument sign that would be
allowed a digital display, the display color, background color, types of messages that
would be allowed, and how often a message could change within a certain time period.
The discussion ended with the Commission asking for further research and discussion
on digital signage. The Commission did not wish to make any recommendation for or
against digital displays at this time.
David Pape made a motion to not allow any more manual changeable copy si nc~s
Ronaldo Camargo seconded the motion. The vote was unanimous in favor of the
motion.
Sy Holzman asked Barry Brown if it would be possible for him to include the Planning
and Zoning Commissions recommendations when he advises the City Council of Staff's
• recommendations for various projects.
Mr. Brown stated he thought that was an excellent suggestion and that he would
certainly follow through on it.
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
March 4, 2003
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There being no further business the meeting was adjourned.
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McAllistei/ Planning Technician II
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