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09-04-2001 Regular Meeting• • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 The meeting of the Planning & Zoning Commission was called to order Tuesday, September 4, 2001, at 7:00 P.M. by Chairman Frank Caputo. Members present were Richard Tegen, Dave Lange, David Pape, Gene Crossley, and Joseph T. Bonjorn. John Carlson and John Atwater were absent. Also in attendance were Barry Brown, Director of Planning, Robert Guthrie, City Attorney and Jane McAllister, Planning Technician II. MINUTES of the Planning and Zoning Commission meeting held August 7, 2001 were approved as written. Richard Tegen asked if it was possible for the Commission members to received their packets sooner than the Friday before the scheduled meeting. Barry Brown assured the Commission that he would try to accommodate them. He pointed out that the Planning & Zoning Department was minus a planner and that there were a large number of requests that needed to be processed this month. Richard Tegen then asked Mr. Brown if when the staff makes its recommendation they have already taken into consideration that there is enough water, sewer, police protection, and schools etc. Mr. Brown replied that when it comes to water and sewer the City has adequate capacity, and that staff doesn't look at police specifically. As the City expands the Police Department is enlarged on a year by year basis. The School Board plans for the expansion of their services. It is not something the City can plan for. Richard Tegen then wanted it on record that he has met with Mr. Bob Shaker in reference to Mr. Shaker's project at State Road 50 and Hancock Rd. Frank Caputo then wanted it on record that he also met with Mr. Shakar in reference to Mr. Shakar's project at State Road 50 and Hancock Rd. -_ .~- - - _ 1. REQUEST FOR CONDITIONAL USE PERMIT -._. _ APPLICANT: Magic Moments Learning Center Inc: OWNER: V.F.W. Post 5277 REQUEST: For a Conditional Use Permit to allow the temporary use of the upper floor of the V.F.W. Post 5277 as an overflow area for the schooler program conducted by Magic Moments Learning Center, Inc. LOCATION: This property is located at 855 West Desoto Street. • CITY OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page - 2 - EXISTING LAND USE: The subject parcel is the V.F.W. Post 5277. FUTURE LAND USE DISTRICT: The subject property is in the Established Business District (EBD-1 ). Child care facilities are allowed in EBD-1. FUTURE LAND USE CLASSIFICATION: Central Business District. Child care facilities are allowed in the Central Business District. EXISTING ZONING: Central Business District. Child care facilities are a conditional use in CBD zoning. Planning Director, Barry Brown, introduced this request by saying that the applicant is requesting temporary utilization of the upper floor of the V.F.W. Post 5277 building as classroom space for their schooler program (program for school aged children). The additional space will be primarily be used for two hours in the afternoon during the school year and full days during school holidays and summer breaks. The applicant is requesting use of the V.F.W. building for a three year period from September 25, 2001 to September 30, 2004. A similar request to use the Masonic Lodge was previously granted to the applicant for a three (3) year period from May 2000 to May 2003; however, this facility is no longer available. This request simply moves the schooler program from the Masonic Lodge to the V.F.W. Post. Since the schooler program is already at its maximum capacity of 50 students, there will be no increase in the number of students attending the program and therefore does not create a need for additional parking. The requested use is consistent with the land use designations, zoning, and surrounding uses; therefore staff recommended approval. Frank Caputo asked if the applicant was present and would be sworn in. Sam Allison, 885 W. DeSosto:Street, Clermont, FL: was sworn in and stated he would J answer questions from the Commission.. _~ Gene Crossley asked what the plans were for the year 2004 when this requested CUP runs out. Sam Allison replied that the children in the schooler program were already being accommodated in their existing facility and that the V.F.W. facility would allow for more room for the students. He said if they still needed the space at the end of the time requested they would ask for additional time. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page-3- Gene Crossley asked why use of the facility was being requested for a temporary time period. Barry Brown informed Mr. Crossley that when an entity is using a property that it does not own, the City prefers to grant use for a temporary period rather than indefinitely, i.e. churches. Frank Caputo opened the discussion to the public. There being no one who wanted to speak he returned discussion to the Commission. Richard Tegen made a motion to approve the request. David Pape seconded the motion. The vote was unanimous in favor of approval. 2. REQUEST FOR REZONING APPLICANT: Dusty L. Twyman, Esquire OWNER: KMH General Partnership REQUEST: To rezone the property from R-1 Residential to C-1 Light Commercial District. GENERAL LOCATION: The property is located southeast of the intersection of U.S. 27 and Steve's Road. SIZE OF PARCEL: 10+/- acres. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District-2 (UD-2). Commercial is an allowed use in UD-2: _ _ _ - FUTURE LAND USE CLASSIFICATION: Commercial land use classification. - EXISTING ZONING: R-1, Residential. Barry Brown, Planning Director, introduced this by saying that the subject property, Tract #12, was annexed into the City and assigned a zoning of R-1 in February of 1996. The property was annexed subject to an agreement that allowed for commercial uses(see attached annexation agreement). However, staff was not aware of the annexation agreement and originally assigned the property residential land use classification. Therefore, when the comp plan was amended in July of this year, an • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page - 4 - amendment to change to the land use classification of commercial was included. The requested rezoning is to bring the underlying zoning in tine with the commercial land use that was assigned to the property through a comprehensive plan amendment adopted by the City Council in June of this year. Gene Crossley asked if the property around Tract 12 were zoned the same as this request. Barry Brown replied that it basically would be zoned the same as the surrounding property. Frank Caputo commented that this was the last part of the Hillary tracts to be zoned commercial. Barry Brown said that it was. Frank Caputo asked if the applicant was present. Attorney Dusty Twyman stated she would answer any questions from the Commission. Frank Caputo asked if there was anyone in the audience who would like to speak. There was no one. David Pape made a motion to approve the request. Richard Tegen seconded the motion. The vote was unanimous in favor of approval. 3. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT & OWNER: Richard Burke of BNB Realty. - - - LOCATION: 1172 and 1184 Grand Highway; across firom Kmart= - - - - - _- REQUEST: For a Conditional Use Permit to convert two residences into professional office buildings in the R-3-A zoning district. EXISTING LAND USE: Residential. FUTURE LAND USE DISTRICT: Undeveloped District -5 (UD-5). Professional offices are allowed in UD-5. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page - 5 - FUTURE LAND USE CLASSIFICATION: ResidentiaVProfessional. Professional offices are allowed in this classification. EXISTING ZONING: R-3-A, Residential Professional District. Professional offices are a conditional use in R-3-A zoning. Barry Brown, Director of Planning, introduced this request by saying that the applicant is requesting a conditional use permit to convert two existing residences into professional offices. The proposed conversion is similar to others along this stretch of Grand Highway, To the south of the subject property, Allstate Insurance, George Wood Architect, and Veronica's Hair Care Salon are offices that were formerly residences. This transition was anticipated at the time the comprehensive plan was adopted and therefore, in order to accommodate conversion to office uses, these properties were assigned ResidentiaVProfessional land uses and zonings. The applicant is planning to combine two adjoining residential lots. The existing driveways will be replaced by a single driveway that will run between the existing structures to access parking in the rear. This is very similar to Veronica's Hair Care Salon where two residences were combined and a joint driveway was constructed in order to access the backyards where adequate parking could be provided. The requested use is appropriate for the area and is consistent with the land use designations and zoning for the property. Richard Tegen asked if construction has already begun on this property. Barry Brown answered that only demolition is being done. Frank Caputo asked if the Commission should consider cross access between the properties being developed along. Grand Highway.- = - -.- _ Barry.~rown replied-that although staff would like=that, it isn't feasibl8_beeause of the .-__= - --depth of the lots and placement of the homes on the lots, and it would.eliminate too much parking area. Frank Caputo asked if the applicant was present. Tom Knight, Knight Engineering, 221 N. U.S. Highway 27, Suite I, Clermont, FL was sworn in. Mr. Knight is the project engineer. David Pape said that Barry Brown mentioned there was a slope in the rear of the property and asked Mr. Knight how they were going to handle storm water collection. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page -6 - Mr. Knight said they have two small storm water retention ponds that will handle that. Richard Tegen asked if the owners of neighboring properties had been notified. Barry Brown replied that letters were mailed to the surrounding residents and the property is posted as well. David Pape asked if there was a buffer in the rear of the property. Mr. Knight replied that there was a five (5) foot landscape buffer around the perimeter. Frank Caputo asked if there was anyone from the public who would like to speak in reference to this request. Susan Howard Wood, 607 W. Desoto St, Clermont, FL. was sworn in. Ms. Wood asked if there would be a sidewalk in front of the offices. Frank Caputo answered that there would be as indicated by Condition #7. Frank Caputo asked if there was anyone else who wanted to speak. There was no one. David Pape made a motion to approve the request Richard Teaen seconded the motion. The vote was unanimously approved. 4. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Presco Associates LLC OWNER: Mercator Properties Inc: --- - °- F~EQUiEST: For a Conditional Use Permit-to construct a shopping~(commercial) center- - with up to 92,700 square feet of retail space-and four (4) out parcels: GENERAL LOCATION: Southwest corner of S.R. 50 and Hancock Road. SIZE OF PARCEL: +/- 20 acres EXISTING LAND USE: Undeveloped. FUTURE LAND USE DISTRICT: Undeveloped District - 6 (UD-6); the requested use in an allowable use in UD-6. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page -7 - FUTURE LAND USE CLASSIFICATION: Commercial. The requested use is allowed in the Commercial land use classification. EXISTING ZONING: C-2 Commercial District. A shopping center is a conditional use in the C-2 zoning district. Barry Brown, Director of Planning introduced this request by saying that the applicant is proposing to develop a commercial center that will include up to 92,700 square feet of general retail space and four (4) commercial out parcels. The project is appropriately located at the signaled intersection of a principal arterial, S.R. 50 and a collector roadway, Hancock Rd. Planned roadway improvements in the area also support the location of this project. The County is planning to four lane the section of Hancock Road from S.R. 50 south to the future intersection with Hook St. A north-south roadway that will connect S.R.50 with the future Hook Street will run along the western boundary of this property. Therefore the property will be accessible from the future Hook St. as well as S.R. 50. These roadway improvements will provide the capacity necessary to accommodate the proposed development. The project meets the criteria of the land use designations and zoning district and therefore, staff recommends approval. Barry Brown added that the architectural design standards would be part of the CUP and that the City was calling for eastbound decel lanes into the project entrance, and cross access between all out parcels. Frank Caputo asked Barry Brown if in Section 4, #8 he was referring to a portion of the project where-one part of a building juts out toward the property line. _ - Barry Brown explained that #8 was specifically drafted for a previous Conditional Use Permit-granted to Presco Associates for a-project at U.S. 27 and Citrus Tower Blvd. He sad~it-was included in this request to assure there would be adequate-loading space. David Pape said that the Commission is often asked to approve the building of additional retail space and wondered if the city could absorb all of this retail space or if these new stores would become stores in the future and therefore a detriment to the city. He asked if Barry Brown knew what the saturation of retail stores is in the city. Barry Brown indicated that he did not have any figures to offer in that regard. However, included in this CUP is the same language that had been included in 3 recent CUP's to prevent the large retailer from "going dark". • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page -8 - Gene Crossley asked if there were any grading variances requested in regard to this CUP. Barry Brown said that there were no variances, however, since the proposed grading exceeds the amount allowed by code, the grading plan will have to be approved by the council. Frank Caputo pointed out for the sake of the audience, that on State Road 50 and on U.S. Highway 27 a variance request for grading is not necessary, that the City Council can give specific approval on a project by project basis. Bob Shakar, Presco Associates, 230 Mohawk Road, Clermont, FL was sworn in, as was Scott Gentry, Project Engineer, 1600 E. Robinson Street, Orlando, FL. Scott Gentry showed a drawing of the proposed project and explained that the developer is dedicating right-of-way to provide a connector to Hook St. as well as right- of-way and construction easements for the widening of Hancock Road. Scott Gentry further said that there was some language in the CUP that he wished to change in Section 6, Condition 1, Change to: The landscape buffer along S.R.50 shall be 20 feet in width, not a minimum of 20 feet. The landscape buffers along Hancock Road and the north-south connector roadway shall be 10 feet in width, not a minimum of 10 feet. In Condition 3, Parking lot landscape islands shall be 200 square feet in area and 10 feet in width, not a minimum of 200 square feet. Barry Brown said that he supports the requested changes in language to Section 6, Condition 1, but not for Section 6, Condition_ 3. Frank Caputo asked if anyone in the audience wished to speak in reference to this request. There was no one. -- _ - - - =~ David Pape-asked Mr. Shakar. if she I~ad any figures=as to the absorption.rat~.of retail space in Clermont. Mr. Shakar replied that he has several users looking at his site and that it would not be prudent to move forward until there was some commitment from the proposed users. He stated that if a smaller tenant came in and then found it necessary to leave before the end of their lease, the owner is going to want to lease that property as soon as possible. David Pape asked Mr. Shakar if he is going to coordinate the architectural design with the Carters who are across the street. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page -9 - Mr. Shakar replied that he had not thought of that, but that it is a good idea and he will look into it. David Pape made a motion to approve the request with the stated changes to Secfion 6, items #1. Richard Tegen seconded the motion. The vote was unanimous in favor of ~proval. 5. REQUEST FOR REZONING APPLICANT: Daryl M. Carter for Chester C. Fosgate Co. OWNER: Chester C. Fosgate Co. GENERAL LOCATION: Northeast corner of S.R. 50 and Citrus Tower Blvd. REQUEST: To rezone the property from R-R Rural Residential to C-2 General Commercial. EXISTING LAND USE: Vacant FUTURE LAND USE DESIGNATION: Undeveloped District -5 (UD-5); Commercial land use classification. EXISTING ZONING: R-R Rural Residential Barry Brown, Director of Planning, intri~duced this request by saying that the subject parcel is 5 acres of a larger 15 acre parcel. Last year, the property owner requested a change in land use and zoning for the entire 15 acre parcel from professional office to commercial. This has been accomplished in two steps. In November of 2000, a small scale comp plan amendment was adopted to change-the land use on 10 acres of the parcel from professional office to commercial. Then in March 2001 it was rezoned C-2, General Commercial subject to the conditions included in a Site Impact Agreement. The land use of the remaining 5 acres was changed to commercial by a comp plan amendment adopted in June of this year. The requested rezoning is to bring the underlying zoning in line with the commercial land use. Staff supports the requested rezoning contingent upon the execution of a site impact agreement with the landowner similar to the one for the 10 acre portion of the parcel. The agreement will address dedication of right-of-way for and construction of the frontage road, cross access through the site, and access to the site from S.R. 50 and Citrus Tower Blvd. • . CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page -10 - Richard Tegen asked if when the site impact agreement for this 5 acre tract is completed will the City all the right-of-way they need for Frontage Road. Barry Brown answered that the City will have everything it needs from the Carters. However, he did not know about the rest of the right-of-way and would report back about that at the next meeting. Daryl Carter, Maury Carter & Associates, 908 S. Delaney Avenue, Orlando, FL was sworn in as was Scott Gentry, 1600 E. Robinson St., Orlando, FL. Daryl Carter said he would answer questions. Richard Tegen reiterated his previous question regarding right-of-way for the Frontage Road. Daryl Carter replied that his company has dedicated all the right-of-way that was required from them. Frank Caputo asked of there was anyone in the public who wished to speak in regard to this request. There were none. David PaQe'rh~de a motion to approve the request David Lange seconded the motion. The vote was unanimous in favor of approval. 6. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Daryl M. Carter OWNER: Chester C. Fosgate Co. REQUEST: To renew an existing Conditional Use Permit for a Planned Unit Development to construct 300 apartment homes that will expire September 14, 2001. LOCATION: Between Citrus Tower Blvd. and North Hancock Blvd. on the North side of the future extension of Oakley Seaver Drive. The subject property is North of the South Lake Hospital property. SIZE OF PARCEL: 25 acres. EXISTING ZONING: PUD for 300 unit apartment community. Zoning to the east and west is Rural Residential, to the north is R-1 and to the south is PUD. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page -11 - EXISTING LAND USE: Vacant. Property to the west is vacant, property to the north is SkyRidge Valley, to the east is currently vacant but has been approved for but has been approved for single family residences, and property to the south is the South Lake Hospital complex. FUTURE LAND USE: Residential. Property to the north, east, and west is also classified Residential land use. The hospital complex to the south is Institutional land use. The subject property and all surrounding properties are in the Undeveloped District -5 (UD-5) land use district. Barry Brown, Planning Director, introduced this request by saying that the applicant has an approved PUD to develop a 300-unit apartment community that expires on September 14, 2001. The applicant is therefore requesting an amendment to the existing PUD to allow for an additional two (2) years to commence construction. The request is in accordance with the City's Future Land Use Map and criteria established for the UD-5 land use district. Given compliance with the Future Lane Use Map and proximity to the new hospital and college, staff recommends approval. Mr. Brown wanted to bring attention to Section 4, Condition #2 which is as follows: In order to provide a buffer from the single family residential units to the north or the subject property the permittee shall provide one of the following along the length of the north property line: 1) aten-foot wide landscape buffer, including required tree plantings, and asix-foot wall, or 2) a twenty-foot wide landscape buffer with trees and shrubs planted in a manner as to provide opaque screening with shrubs a minimum six- foot in height at the time of planting, of 3) a twenty-foot wide landscape buffer with berm, trees, shrubs planted in a manner as to provide opaque screening with a combined height of six feet at the time of planting. Gene Crossley asked when original PUD was granted and whether it was a one year or fitio year CUP. _ __ -a$arrj~Brown answered that it was granted two years ago and wiN expire th~`s month. Richard Tegen asked how close the apartment complex would be to Skyridge Valley homes. Barry replied that the homes in Skyridge Valley were right on the northern boundary line. Frank Caputo took exception to the water use calculations presented by the developer. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page -12 - Barry Brown said that he believes the figure the engineers use for apartments is 350 gallons per unit per day for a three bedroom unit. Daryl Carter, Maury Carter Associates, 908 S. Delaney Ave, Orlando, FL and Scott Gentry, 1600 E Robinson St, Orlando, FL, were sworn in. David Pape asked Mr. Carter what his target market is in reference to the apartment complex. Mr. Carter replied that hadn't been defined yet but that they would seek to accommodate the surrounding uses, those being the Olympic Training Center, the College, and the Hospital. Frank Caputo asked if the original CUP was issued before or after the Village at East Lake. Daryl Carter said they occurred at about the same time. Frank Caputo asked if there was anyone in the audience who wished to express an opinion in regard to the request. Those who wished to speak stood and were sworn in simultaneously. Grace Piccio, 2003 Crestridge Dr., Clermont, FL expressed concern that allowing an apartment complex will cause further overcrowding in the schools, and that the tenants of the apartment complex will have access to the subdivision. Maggie Brown, 891 Woodvale Street, Clermont, FL whose concerns were water usage, traffic congestion, school overcrowding, police coverage and what income the tenants of the apartments will have. -- Abraham Torres, 2007 Crestridge Dr, Clermont, FL is concerned. with property values, water usage, and school overcrowding. Eric Palmer, 1774 Vale Dr. Clermont, FL said the apartments will eventually be supplemented by the government. His concern was for noise, water usage, traffic and crime. He expressed concern about letting his children outside to play. Rob Madison, 2105 Crestridge Dr. Clermont, FL said the developer has no idea what type of development he is going to put on this site or what kind of people will be occupying the apartments. He has a concern for stormwater runoff, and privacy. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page -13 - Elizabeth Archer, 898 Woodvale Street, Clermont, FL is concerned that her privacy will be invaded by putting apartments right behind her property. D. Gleason, 1940 Crestridge Dr. Clermont, FL expressed concern that there will be a connecting roadway to the apartment complex and is worried that the family atmosphere in Skyridge Valley will be gone. Davis Capsel, 895 Woodvale St, Clermont, FL was concerned that having an apartment complex adjacent his home would lower the property values in Skyridge Valley. He is concerned with an increase in crime, traffic density, and overcrowding of the schools. Tony Guadalupe, 892 Woodvale Street, Clermont, FL said he can't believe that the Carters don't know what type of project they are going to do on the property. His concerns were with water consumption and that the apartments will one day be HUD housing. He suggested that Doctor and Dentist offices should be built there instead of an apartment complex. B. McFarland, 1907 Crestridge Dr. Clermont, FL doesn't want apartments in his backyard. Matt Salisbury, 1935 Crestridge Dr. Clermont, is afraid property values will go down and he will have no privacy. Brian Gleason, 1940 Crestridge Dr. Clermont, FL. said there is not enough police and fire protection for the present population and there certainly won't be enough when adding 300 more apartments. Abraham Torres, 2007 Crestridge Dr. Clermont, FL told the Commission that Centex homes lied to them and made buyers sign a waiver that absolves Centex of any responsibility for what might be built_next to. Skyridge Valley. Frank Caputo asked if there was anyone else who would like to speak. There was no one. Daryl Carter said he would like to meet with the homeowners about their concerns. He said that Carter Associates would agree not to build any connecting roadway to Skyridge Valley. Mr. Carter expressed a willingness to redesign the original configuration of the apartment complex so that they would impact the single family development of Skyridge Valley in the smallest way. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page -14 - Daryl Carter said that the apartments they plan to build will not lower their real estate values. The apartments will be maintained and will not go to low income. They will accommodate people from the hospital and nearby university. Gene Crossley asked about the storm water runoff to Skyridge Valley from the apartment site. Scott Gentry said the storm water would be collected and go to retention ponds. Gene Crossley asked if the apartments would be two or three story. Daryl Carter said they would be willing to limit the height to two stories along the boundary with Skyridge Valley if that would make the homeowners in Skyridge Valley more comfortable. Richard Tegen made a motion to approve the request on condition that Maury Carter Associates meet with the homeowners in Skyridae Valley who are affected by the construction of the apartment complex, that there will be no roadway access into Skyridge Valley from the apartment complex. David Pape seconded the motion. Frank Caputo stated that due to the density of the .project, water consumption, traffic problems, and school overcrowding he doesn't think he can justify adding 300 units. The vote was 4-2 against ~provin tq he request with David Lange Frank Caputo Joseph T. Boniorn, and Gene Crossley voting nay. 7. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Harb Design-Group Inc. _ -- OWNER: Candler Development Company REQUEST: For a Conditional Use Permit to create a shopping (commercial) center that will consist of eight (8) parcels that will include restaurant and hotel uses. GENERAL LOCATION: Southeast corner of U.S. 27 and S.R. 50. SIZE OF PARCEL: +/- 14.7 acres. EXISTING LAND USE: Undeveloped. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page -15 - FUTURE LAND USE DISTRICT: The subject property is in the Undeveloped District -2 (UD-2) land use district and the requested use is an allowable use. 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 Commercial District. A shopping center is a conditional use in the C-2 zoning district. Barry Brown, Planning Director, introduced this request by saying that the applicant is proposing to develop a commercial center that will consist of eight (8) commercial parcels that will include restaurant and hotel uses. The property can be accessed by signaled intersections at S.R. 50 and Grand Highway and at U.S. 27 and Hook Street. Grand Highway is programmed to be widened to three lanes and Hook Street is planned to be four laned. The project meets the criteria of the land use designations and zoning district and therefore, staff recommends approval. Mr. Brown wished to add a condition to Section 4, Condition #5 shall read "Right-of-way for Hook Street and Grand Highway must be dedicated to the City or County prior to construction plan approval." Gene Crossley asked what the plan was for water retention. Barry Brown replied that there would be off-site water retention south of Hook Street. Richard Tegen asked why, in Section 6, the buffers are only 10 feet instead of 20 feet. He said the City Council will decide if the request should be granted. - Barry Brown said that the applicant requested they be 10 feet instead of 20 feet. --_- -^ - ~ "Frank=Caputo asked if perhaps the south portion of the progeny-might be: getter suited for use as professional offices rather than commercial use in order to save as many of -~ fhe large oak trees as possibh. Barry Brown handed out an inventory of the trees on the site at present. He suggested it might be a good idea to discuss the development of each individual site in an effort to save the maximum number of trees. David Pape said the City needed to be exact when giving direction to developers as far as saving trees. Frank Caputo asked if this task could be handled in the site review process. i CITY OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page -16 - Barry Brown said that it could. Richard Candler, Candler Development Co., 180 Allen Road, NE, Suite 202 South, Atlanta, GA was sworn in and told the Commission that the site was designed with the understanding that it is a flexible design. Mr. Candler stated that they are very understanding that conservation of the trees is an issue. He further said that their engineers have redone the plans a number of times in order to save as many trees as possible. Mr. Candler said that the individual users who buy the lots will have to go through the site plan review process. He suggested that the minimum number of trees that need to be saved on each lot could be established at that time. David Pape suggested the City assay each parcel to see which trees should be kept and which could be removed. Richard Candler agreed that was a good idea and that natural landscape is the best there is. Frank Caputo suggested that this requirement be incorporated into Section 2, Condition #1 by adding language that says the developer agrees to advise prospective purchasers of the trees that will be required to remain on the property. City Attorney, Robert Guthrie suggested making it clear there is a minimum threshold for the number of trees that must remain for the entire site. Then work on each parcel separately in the site review process. Richard Candler said he thought that was a good idea since the northern portion of the property has practically no trees and the growth is thickest in the southern portion. This way the whole site would be required to retain a certain percentage of the trees, and this could be accomplished by,: deciding on a parcel by parcel basis. David Pape asked what the square footage footprints_for the parcels will be. Mr. Chandler said he thought 8,500 square feet would- probably be the largest commercial parcel. Frank Caputo opened the discussion to the public. No one wished to speak. Robert Guthrie mentioned the impervious surface ratios and that the square footage and parking would cap the ultimate square footage on the parcels. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page -17 - Gene Crossley asked if there were any restrictions on the number of fast food restaurants. Barry Brown replied that the number of drive thru windows has not been limited. David Lange asked if the south end of the parcel was going to be used as professional office space. Barry Brown replied that was only a possibility. David Pape made a motion to approve the request with the additional condition in Section 2 adding #3 that the developer agrees to a minimum number of inches in trees to remain on the site that minimum to be determined by negotiations between Barrv Brown and/or his staff and Mr. Candler and/or his partners, and to convey such minimums to all purchasers of the parcels. Richard Tegen seconded the motion. The vote was unanimous in favor of the request with the addition of the condition. 8. REQUEST FOR REZONING APPLICANT: Dale J. Ladd OWNER: Tower Professional Office Land Trust GENERAL LOCATION: Between U.S. 27 and Bloxam Av., and south of Grand Highway and north of Pitt St. SIZE OF PARCEL: 6+/- acres. REQUEST: To rezone the propert~rfrom R-3 ResidentiaUProfessional to C-2 General - Commercial. EXISTING LAND USE: Citrus Grove. Properties to the north, south, east, and west are undeveloped. FUTURE LAND USE DISTRICT: Undeveloped District -3 (UD-3). Property to the north and west is UD-3, to the east and south is UD-5. FUTURE LAND USE CLASSIFICATION: Commercial. Property to the north is Commercial, to the east and south is ResidentiaUProfessional and to the west is Residential. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page -18 - EXISTING ZONING: R-3, ResidentiaVProfessional. To the north and east is C-2 General Commercial, to the south is a PUD for professional office uses, and to the west is R-3. Barry Brown introduced this request by saying that in June of this year, the comprehensive plan was amended to change the land use of the subject property from residential to commercial. The requested rezoning is to bring the underlying zoning in line with the commercial land use. Property to the north is planned for commercial uses and has C-2 General Commercial zoning; property to the east (across U.S.27) is planned for professional office or multifamily; to the south professional offices, and construction plans have been approved for a townhome community to the west. Staff supports the requested rezoning. Frank Caputo said he was concerned with R-3 coming south of Hunt St. and wouldn't want used in C-2 General Commercial. He said he would rather have C-1 Light Commercial or an agreement with the developer to exclude certain non-preferred uses in the General Commercial zoning. Dale Ladd, 1135 East Avenue, Clermont, FL was sworn in. Mr. Ladd told the Commission that he also owned the C-2 General Commercial to the north of this property. He said he will ask the City to vacate Hunt St. between Bloxam Ave and U.S.27 so that he may construct a frontage road to run the length of the C-2 property to the north and to connect it to this property. David Pape asked if Mr. Ladd would be willing to limit the property-use to general retail artd to have no twenty-four (24) hour operations. - - -. - ~ Mr. Ladd replied that he would be willing to address concern~~bout some ~f 1he uses- in C-2. - -~Frartk Caputo-said he would like those restrictions to include such uses as gas stations, auto repair shops, and car washes. David Pape suggested that Mr. Ladd be permitted to stipulate what he will put on the property. Robert Guthrie asked what if the site was zoned C-1. Dale Ladd replied that he would prefer to keep it C-2. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page -19 - David Pape asked why Mr. Ladd was so set on getting C-2 zoning. Mr. Ladd replied to Mr. Pape that he would prefer having C-2 with restrictions because C-1 will not allow for more than 5,000 square feet without going through the Conditional Use Permit. He stated he does not wish to come before the Commission for every store. Mr. Ladd agreed that he would not have any of the following uses: car wash, auto or truck repair, vehicle sales, bowling alley, gas station, 24 hour operations, convenience stores or trailer sales. Frank Caputo handed over the duties of Chairman to David Pape Frank Caputo made a motion to improve the request with the stipulation that there will be none of the following uses allowed: car wash, auto & truck repair, vehicle sales, bowling alley gas station 24 hour operations convenience stores trailer sales. David Lange seconded the motion. The vote was unanimous in favor of approval with the stated stipulations. 9. REQUEST FOR REZONING APPLICANT: Dale J. Ladd OWNER: Lincoln Groves Inc. GENERAL LOCATION: Southeast corner of Hartwood Nfarsh Road and Hancock Rd. SIZE OF PARCEL: 180 +/- acres. _..,._ REfflU-EST: To rezone the property from UE, Urban 1=stake to ~=1 Residential. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District -7 (UD-7). UD-7 allows for a maximum of four (4) units per acre. FUTURE LAND USE CLASSIFICATION: Residential. EXISTING ZONING: UE, Urban Estate. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page -20 - Barry Brown, Planning Director, introduced this request by saying that the subject property, known as the Lincoln Groves property, was annexed into the City in May of 1998 and was zoned UE Urban Estate. Urban Estate allows for 1 dwelling unit per acre. The applicant is requesting a more typical residential zoning of R-1 Medium density residential zoning which calls for a minimum lot size of 10,000 sf. Theoretically, R-1 would allow for four (4) units per acre, but given the amount of land necessary for fight- of-way and challenges presented by the topography, in our experience it would result in a density of approximately three (3) units per acre. The property is currently in the City limits and is within the proposed Joint Planning Area (JPA) boundary. Properties within the JPA boundary are considered to be appropriate for urban development and densities, and eligible for City services. While staff believes the Lincoln Groves property is appropriate for urban density, two major considerations are the timing of the development and the size of the lots. Staff supports zoning the property R-1-A, which requires a minimum lot size of 13,000 square feet, rather than R-1. This allows for an urban density while creating a transition zone of large lots between the higher density development to the north and the lower density rural land use and zonings to the south. Commissioner David Pape excused himself from participation in the discussion of the Lincoln Groves Rezoning due to the fact that he has a financial interest in the outcome. Dale Ladd, 1135 East Ave, Clermont, FL was sworn in. Mr. Ladd told the Commission that he deals mostly in Lake County and due to the topography of the land, the dimensions of the lots, storm water and allowances for roadways, he has never been able to exceed 2.8 houses an acre. He further stated that with an R-1 zoning he would not be able to get more than 3 units per acre. In addition he has a contract with the Baptist Church for 40 acres which will further limit the density of the housing. Mr. Ladd went on #o say that this particular location is perfect for development. The _. _ : ~ ~~ reason is that less thanfialf a mile awayis~ a-commercial node. There are new schools _ nearby, and the residents will not have to travel far for services. Frank Caputo asked if there was anyone in the audience who would like to speak. Sy Holzman, 4243 Newland St., Clermont, FL was sworn in and said he is concerned with what is happening along Hartwood Marsh Road. He thinks the density will be more than that part of the city can handle. John Rocker, 320 E. Lakeshore Drive, Clermont, FL 34711, was sworn in. Mr. Rocker is the chairman of the Property Committee for the Baptist Church. He stated the church • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 4, 2001 Page -21 - wanted to be able to have some open land around the church. He would like for Mr. Ladd to get the zoning he has requested. Frank Caputo asked if there was anyone else who would like to speak. There was no one. Richard Tegen made a motion to approve the request and chant R-1 zonin tg o the ~plicant. Joseph T. Bonjorn seconded the motion. The vote was 3-2 against approval with Dave Lange. Frank Caputo and Gene Crossley voting nay. Gene Crossley made a motion to approve the rezoning and grant R-1-A zoning to the ~plicant. Dave Lange seconded the motion. The vote was 3-2 with Richard Tegen. Joseph T. Bonjorn and Frank Caputo voting against approval. 10. SIGN ORDINANCE N0.314-C Barry Brown introduced the changes in the sign ordinance saying that flags and banners were being defined more clearly. They had been used interchangeably and now the two types of signage are more clearly defined. David Pape made a motion to approve the proposed changes to fhe sign ordinance. Gene Crossley seconded the motion. The vote was unanimous for approving the proposed changes. Frank Caputo asked the Commission members to study the Orange City Architectural Design Standards they received last month. Thexg_being no further business the meeting was adjourned: ----~-- =_ L Fr k Caputo, Chairm ATTEST'; ~a e C. McAllister f Planning Technician II