02-05-2002 Regular Meeting• •
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
February 5, 2002
The meeting of the Planning & Zoning Commission was called to order Tuesday,
February 5, 2002, at 7 p.m. by Chairman Richard Tegen. Members present were John
Atwater, Gene Crossley, David Pape, John Carlson, Dave Lange and Sy Holzman.
Also in attendance were Barry Brown, Director of Planning, Robert Guthrie, City
Attorney and Barbara Hollerand, Planner.
MINUTES of the Planning and Zoning Commission meeting held January 2, 2002 were
approved, with the spelling correction of Commission Member Sy Holzman's name
noted.
1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Don M. Casto Organization
OWNER: Lucas Clermont Limited Partnership
REQUEST: To amend an existing Conditional Use Permit, Resolution No. 1235, to
revise the language in Section #2, Condition #5 regarding the buy back price and terms
for the Home Depot store if it were to "go dark."
GENERAL LOCATION: The property is located at the northwest corner of S.R. 50 and
Citrus Tower Blvd.
EXISTING LAND USE: Clermont Town Center, shopping center where the Kash `n
Karry is located.
FUTURE LAND USE DISTRICT: The subject property is in the Undeveloped District -
5 (UD-5) land use district and the requested use is allowable.
FUTURE LAND USE CLASSIFICATION: The subject property is classified as
Commercial. The requested use is allowed in the Commercial Land use classification.
EXISTING ZONING: C-2, General Commercial.
Planning Director, Barry Brown, introduced this request by saying that in November
2001, the conditional use permit for the Clermont Town Center (Kash `n Karry Shopping
Center) was amended to increase the allowable commercial space by 4,780 square feet
for a total of 237,111 square feet on the site. The commercial square footage was
increased in order to allow for the construction of a Home Depot store as the western
anchor tenant of the shopping center. Additional revisions to the conditional use permit
included a condition that would prevent the Home Depot store from "going dark" in the
future. The original language simply stated that the owners of the shopping center
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would have the right to repurchase the Home Depot property at book value. The
applicant is requesting that the language be modified to allow the owners to buy back
the property from Home Depot at the greater book value or "fair market value" as
determined by an independent appraisal.
Attorney Margaret Bowles of the firm Bowles & Sykes, 205 S. Hoover Blvd., Ste. 402,
Tampa, was introduced as attorney for the applicant, Home Depot. Ms. Bowles advised
the commission that the proposed changes were not intended to alter the intent of the
"go dark" provision, but rather, to replace the "vague and insufficient" language. Ms.
Bowles said that original language did not set a provision for cause, had no termination
date, did not give terms for the repurchase option and could result in a "taking" by the
City should the fair market value of the property be in excess of the current book value.
The revised language, Ms. Bowles said, provided a "cleaner, clearer condition."
Ms. Bowles said the condition addressing future leases for the entire property also was
problematic in that it might make it harder to find a new tenant. She suggested having
this clause apply only to the Phase I property, which is the shopping center.
Mr. Tegen asked Barry Brown if he had any issues to address, and Mr. Brown deferred
to Clermont City Attorney Robert Guthrie.
Mr. Guthrie said that to date, the City has only applied the "go dark" language
provisions in leaseholder, not ownership, situations. Because the Home Depot properly
would be owned by Home Depot and not the Don C. Casto Organization, this CUP is
different than others the City has addressed in the past. Mr. Guthrie verified with Mr.
Brown that the "go dark" language was part of the original CUP for the entire parcel.
Mr. Guthrie recommended separating the "go dark" language for Phase I of the project
(the shopping center anchored by Kash `n Karry) from "go dark" language for Phase II
(Home Depot).
Mr. Tegen clarified with Mr. Guthrie that he has suggested that prior to the CUP going
to the Council, that it be revised to separate the "go dark" clauses for the purchased
portions and leased portions of the project.
Mr. Tegen invited public comment on the issue, but no one came forward to speak. He
then opened the discussion to the commission members.
Commission member David Pape expressed concern that the City could be relieving
Home Depot of the economic incentive to react to a "go dark" situation quickly. He also
said that by inserting the "fair market value" condition into the clause, Home Depot
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would benefit regardless of the outcome. He asked what could be done to make it less
attractive in the future for Home Depot to close the Clermont store and open a new
store elsewhere in the south Lake County area.
Mr. Guthrie said he agreed that applying the standard of either book value or fair
market value would likely mean the building would sell at a higher price. However, Mr.
Guthrie said it is unknown whether, in adopting a different standard, the City is possibly
at risk fora "taking."
Mr. Pape said under some scenarios, the building could be empty for up to 20 months.
He suggested that to maintain the incentive for Home Depot to keep the building from
going dark, the standard could be the greater of the book value or of fair market value
less some percentage, given the expenses involved in transferring title, etc.
Mark Sneed, 480 N. Orlando Ave., Winter Park, of the Don C. Casto Organization
spoke as a representative of the Phase I owners of the shopping center. He said his
company was comfortable with the modified language and expressed his belief that his
company would have the most to lose should Home Depot go dark. He said he could
not guarantee Don Casto would repurchase the building because of financing issues,
but stressed that his company has along-term investment in the project and a long-
term lease with Kash `n Karry.
Commission member Gene Crossley asked who wrote the original condition.
Mr. Guthrie said it evolved from several other CUPs the City has approved, namely the
Publix at Kings Ridge.
Mr. Crossley asked if Home Depot had any experience with "go dark" clauses.
J.D. Payne,10439 Greenlinks Drive, Tampa, the real estate manager for Home Depot's
Florida operations, was sworn in. He said there was a substantial financial incentive for
Home Depot not to let the store go dark. He said, to his knowledge, four stores have
gone dark in Florida-two in Jacksonville, one in Altamonte Springy and one in Oakland
Park in south Florida. All but the Oakland Park store, which he said was in a declining
area, have converted to other commercial uses.
Gene Crossley made a motion to approve the CUP with the condition that IancLuage be
formulated to address the lease and ownership situations separately. David Lancre
seconded the motion. The vote was unanimous for approval.
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2. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT AND OWNER: IMMO Clermont L.L.C.
REQUEST: To amend the existing Conditional Use Permit, Resolution No. 1124, to
allow for a bank on one of the out parcels rather than a restaurant as called for in the
existing conditional use permit.
GENERAL LOCATION: The property is located at the northwest corner of S.R. 50 and
Oakley Seaver Drive.
EXISTING LAND USE: Mostly vacant commercial property; one of the out parcels has
been developed as a Sonny's restaurant.
FUTURE LAND USE DISTRICT: The subject property is in the Undeveloped District-5
(UD-5) land use district and the requested use is allowable.
FUTURE LAND USE AND CLASSIFICATION: The subject property is classified as
Commercial. The requested use is allowed in the Commercial land use classification.
EXISTING ZONING: PUD for a theater and two restaurant users.
Planning Director Barry Brown, introduced this request by saying that the applicant is
requesting an amendment to the conditional use permit to construct a bank on one of
the out parcels rather than a restaurant as called for in the existing conditional use
permit. The requested revision is shown in strikethrough and underline format in
Section #2, Condition #1. The proposed use has the proper land use designations and
zoning.
Mr. Tegen opened the discussion to the public. Christopher Germana of Kimley-Horn
and Associates, 1080 Woodcock Road, Ste. 108, Orlando, introduced himself as a
consultant for the applicant.
Joel Roberts, an attorney with Gray, Harris and Robinson, P.A., 301 E. Pine Street, Ste.
1400, Orlando, introduced himself as a representative of Florida Choice Bank. Mr.
Roberts said his client opposes this change to the CUP to allow either a bank or
restaurant use, rather than just restaurant uses, for the movie theatre outparcels. Mr.
Roberts said less than two years ago, his client, Florida Choice Bank, had spoken with
Clermont City staff about applying for a similar CUP amendment to allow its bank on
the site. Mr. Roberts said, on the advice of Clermont City staff, his client did not pursue
the amendment, but rather, chose a second, less desirable site that would allow a bank
use. Mr. Roberts said in fairness to his client, this CUP should not be approved since
there are no new circumstances to take into consideration.
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Mr. Brown responded by saying that at the time Florida Choice Bank approached him
with the request, the theatre was still a very viable part of the project. Consequently,
staff did not support a bank use, since a restaurant would a more complimentary use
with the theatre. Mr. Brown said that since that time, the circumstances have changed.
The theatre industry, which had been quite volatile, is stabilizing; however it is still
uncertain whether the theatre project will move forward. Additionally, more restaurants
are now planned in the general area. Consequently, Mr. Brown said, staff's thinking
"has evolved" on the suitability of banks, rather than just restaurants, on the outparcels.
Mr. Tegen asked when the initial discussions were with Florida Choice Bank.
Mr. Brown said it was in early 2000.
Mr. Roberts said that because the original CUP still calls for a theatre, it makes sense
to leave the outparcels as restaurants.
Jayson Stringfellow, 1455 W. Lakeshore Drive, Clermont, a director with Florida Choice
Bank, was sworn in. Mr. Stringfellow appealed to the commission to adhere to the
original CUP and deny the request. He said that Florida Choice Bank had spent
considerable time and money in redesigning the bank project to fit its present location.
Mr. Stringfellow also said the potential for a restaurant use near the theatre site is good,
since there is strong interest in the restaurant industry to locate in Clermont. He also
said the City should stick with the original CUPs, and that amendments should only
accommodate hardships or mistakes.
Mr. Tegen then opened the discussion up to the commission, and he asked Mr. Guthrie
for his opinion.
Mr. Guthrie said the commission could consider the issue of fairness, as well as what is
the appropriate land use and the timing.
Mr. Crossley said he believed if the City did want a theatre at the site, it would be wrong
to approve the bank instead of a restaurant. He recommended giving more time to
allow a restaurant to go in, thus keeping the site more attractive to a theatre.
John Carlson said that because Florida Choice Bank had relied on Clermont City staff's
recommendation to locate its bank elsewhere, he was unwilling to support the CUP
amendment.
Mr. Lange said the City should adhere to the original plan.
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John Atwater asked if a traffic signal was still planned for Oakley Seaver Drive and S.R.
50 and Mr. Brown verified it was. Mr. Atwater also asked whether the CUP on the
theatre was due to expire, and Mr. Brown said it became active when Sonny's was
constructed.
Mr. Atwater said that the circumstances had changed and that he could support the
bank use instead of the restaurant use.
Mr. Pape said he thought the City should adhere to the conditions in the original CUP,
especially since Florida Choice Bank had relied on the direction of staff in choosing to
locate elsewhere in the City.
David Lange made the motion to deny the request to amend the CUP. The motion was
seconded by Gene Crossley. The vote was 6-1 to deny the request with John Atwater
voting in favor of the request.
3. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: The Greater Construction Corporation
OWNER: Knapp Trust
REQUEST: To amend the Conditional Use Permit for the Hills of Clermont PUD,
Resolution No. 1208, to allow for single family residences on 55 ft. wide lots rather than
a multifamily townhome project on Parcel #2.
GENERAL LOCATION: On the east side of Hancock Road, south of S.R. 50, and north
of the Hills of Clermont subdivision.
SIZE OF PARCEL: +/- 15.5 acres of the larger +/- 138.3 acre PUD.
EXISTING LAND USE: Undeveloped.
FUTURE LAND USE DISTRICT: Undeveloped District -6 (UD-6). The requested use is
allowed.
FUTURE LAND USE CLASSIFICATION: Commercial and Residential.
EXISTING ZONING: PUD zoning that calls for a multifamily townhome project on
Parcel #2.
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Planning Director Barry Brown introduced this request by saying that the Hills of
Clermont is an existing, mixed-use PUD encompassing 138 acres of land that included
commercial property on SR 50 and residential property south of SR 50 on both sides of
Hancock Road (see site plan included in this packet for a graphic depiction of the PUD).
The current PUD calls for a multifamily townhome project on Parcel #2. The applicant
is proposing to develop a single family residential subdivision with 55 ft. wide lots, front
and rear yard setbacks of 20 ft., and side yard setbacks of 5 ft. on 6000 sq. ft. lots with
an impervious surface coverage ratio of 65%. While this does not meet out minimum
standards for a single family residence, staff considers this project to be superior to the
multifamily townhome project that is currently approved for the site.
Mr. Brown said he visited a similar housing product at Greater Construction's Orange
Tree subdivision on U.S. 27 in south Lake County and was impressed with the
development. He said the homes would list in the $145,000-$185,000 range.
Mr. Brown said that the other changes requested by the applicant do not constitute
variances to the code since a PUD is a unique zoning designation. Mr. Brown called
attention to several conditions in the CUP that were different from code, such as
minimum setbacks and impervious surface coverages. Mr. Brown noted that staff did
not support the full median opening on S.R. 50 that is shown on the site plan.
Mr. Tegen opened the discussion to public comment. A consultant to Greater
Construction, Doug Metzger of Glatting Jackson, 33 Pine Street, Orlando, was sworn in.
Maggie Miller, 2721 Sunbury Street, a resident of Hills of Clermont subdivision, was
sworn in. Ms. Miller opened by saying that Hills of Clermont residents are pleased with
the proposed amendment to the CUP. She said the single-family home project is a
"better configuration" and is preferred to the townhome project.
Ms. Miller went on to express her subdivision's concerns about how new high school
traffic on Hook Street and Hancock Road will adversely affect the ability of residents to
get in and out of the Hills of Clermont safely. She said it was the residents'
understanding that Hook Street would be paved to the east of Hancock Road, thus
providing homeowners a second means of ingress and egress from the subdivision.
Currently Hills of Clermont has one entrance/exit, which is on Hancock Road. Ms. Miller
said residents asked for a traffic study to seek remedies for the situation. She asked for
assistance in getting Hook Street paved to the east of Hancock Road. She said after
speaking with Lake County Public Works, she was told the segment of Hook Street east
of Hancock Road would not qualify for funding. Ms. Miller said the residents of the new
single family homes would face the same problems trying to leave their development.
She proposed redesigning Hook Street back to its original alignment.
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Mr. Holzman asked Mr. Brown to explain Lake County's roadway reimbursement policy.
Mr. Brown said the developer of Hook Street east of Hancock Road wouldn't get any
transportation impact fee credits from the county because that portion of Hook Street
isn't currently on the county's approved transportation improvements list.
Mr. Tegen asked where else the funding could come from, and Mr. Brown said there
are other funding sources besides the impact fee program.
Ms. Miller asked how long it would take to determine if the county has funding for the
project. Mr. Brown said he was not sure.
Brian Enid, 2682 Pine Shadow Lane, expressed his support of the single family home
project and of Ms. Miller's comments.
Clermont City Council Member Ann Dupee, 389 Division Street, Clermont, was sworn
in. She asked Mr. Brown to indicate the entrance/exits for the proposed single family
home project. Mr. Brown said there would be one on Hancock Road, and later, a
second one on Hook Street.
Paul Sherman, 2674 Pine Shadow Lane was sworn in. He said he agrees with Ms.
Miller's comments and asked why the eastern portion of Hook Street wasn't approved.
Mr. Brown said for now, it does not connect with other roads, and is therefore, not a
priority. Eventually, he said, there are plans to connect it eastward to Hartle Road.
In responding to a question from Mr. Atwater, Mr. Brown said a traffic signal is not
currently planned for the intersection of Hancock and Hook, though the City expects
there to be one there eventually. He also said afour-way stop is also not likely, since
there are only two peak periods associated with the high school. He said the county
would like to study how the roadway network functions after the high school opens in
August before considering a signal.
Mr. Enid said he believed there would be additional traffic generated from the high
school due to after-school activities and sports events. He advocated a traffic signal.
Council Member Dupee asked if Hook Street could temporarily be two-laned east of
Hancock Road while being four-laned west of Hancock Road. Mr. Brown said that might
be possible.
Mr. Tegen closed the public comment portion of the discussion and brought it back to
the commission members. Mr. Carlson asked if the exit onto Hook Street was part of
the previous CUP allowing townhomes, and Mr. Brown said it was.
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Mr. Holzman asked if the developer could put in a private road and later dedicate it to
the City and be reimbursed for it. Mr. Brown said that might be an option.
Mr. Tegen commented that he had visited the Orange Tree development too and was
favorably impressed with the quality of homes.
David Pie made the motion to approve the request. John Atwater seconded the
motion.
The commission discussed making Mr. Holzman's comments on options for the
eastern segment of Hook Street part of the record.
The vote was 6-1 for approval of the request with Dave Lange voting against.
After consulting with Mr. Guthrie, Mr. Pape made a second motion to include Mr.
Holzman's comments as part of the record. Mr. Holzman seconded. Motion passed
unanimously.
4. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Clermont Professional Center
OWNER: David L. Allyn M.D.
REQUEST: To amend an existing Conditional Use Permit, Resolution No. 1167, to
increase the size of the property by approximately 5 acres for the construction of three
additional medicaVprofessional office buildings.
GENERAL LOCATION: The property is located east of the Citrus Tower at the
southwest corner of Citrus Tower Blvd. and Grand Highway.
EXISTING LAND USE: Existing CUP under construction as a medical/professional
office center; the additional property is currently vacant and undeveloped.
FUTURE LAND USE DISTRICT: The subject property is in the Undeveloped District -
5 (UD-5) land use district and the requested use is allowable.
FUTURE LAND USE CLASSIFICATION: The subject property is classified as
Commercial. The requested use is allowed in the Commercial land use classification.
EXISTING ZONING: PUD for amedical/professional office center.
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Barry Brown, Director of Planning, introduced this request by saying that in November
of 2000, a conditional use permit was approved for the construction of two buildings
that included a medical office/clinic and ambulatory surgical center as well as doctors
offices and other professional offices. The applicant is proposing to increase the size of
the property by approximately 5 acres and construct three additional buildings to be
used as medicaVprofessional offices. The proposed uses are appropriate for the area
and the property has the appropriate land use designations and zoning. Staff
recommends approval.
Mr. Brown said the fourth agenda item, a CUP request for Clermont Professional
Center, has been postponed until March.
Mr. Lange expressed his frustration with how Greater Construction had been allowed to
deviate from the original CUP. He made the comment that he thought the commission
"missed the perfect opportunity" to hold the developer to build the segment of Hook
Street east of Hancock Road along the Hills of Clermont PUD property.
Mr. Crossley asked staff to be sure to include the minutes from the Council meetings in
the P&Z packets.
Mr. Lange invited the P&Z members to attend a meeting Feb. 7 that featured Everett
Kelly as the speaker.
There being no further business the meeting was adjourned.
hard Tege Ch r an
ATTEST:
J C. McAlliste -Planning Technician II