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08-07-2001 Regular Meeting• • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 7, 2001 The meeting of the Planning & Zoning Commission was called to order Tuesday, August 7, 2001, at 7:00 P.M. by Chairman Frank Caputo. Members present were John Atwater, Richard Tegen, Dave Lange, David Pape, Gene Crossley, and John Carlson. Joseph T. Bonjorn was absent. Also in attendance were Barry Brown, Director of Planning, Mimi Ogden, Planner I, Robert Guthrie, City Attorney and Jane McAllister, Planning Technician II. MINUTES of the Planning and Zoning Commission meeting held July 3, 2001 were approved as written. Barry Brown, Planning Director informed those present that Mimi Ogden was leaving the employ of the City of Clermont, and expressed his good wishes and thanks to her. Frank Caputo mentioned State Road 50 PD & E study workshop meeting notice that was included in the packets and said he hoped that all the Commissioners had the time to look at this information. Barry Brown then introduced Tamara Richardson, City Engineer, who handed out a memo containing information about water usage and the process for obtaining a Consumptive Use Permit from the St. Johns River Water Management District. Ms. Richardson proceeded to explain the process and took questions from the Commission. John Carlson mentioned that the Commission has been asking for applicants to supply figures for proposed water consumption for their projects. He asked Ms. Richardson if there was some guideline the Commission could use in order to figure out if the applicant's figures were valid. Frank Caputo asked if there could be some guideline to estimate water usage difference between single-family, multifamily, and commercial. Ms. Richardson replied that there wasn't any particular formula in use now, but that she would attempt to supply the Commission with a formula they could use for that purpose. 1. REQUEST FOR CONDITLONAL USE PERMIT APPLICANT: Presco Associates, LLC OWNER: John and Anne Adams Family Limited Partnership REQUEST: For a Conditional Use Permit to create a Planned Unit Development that will consist of a shopping center with up to 160,086 square feet of retail space, seven (7) out parcels, and professional office and restaurant uses. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 7, 2001 Page-2- GENERAL LOCATION: This property is located at the northeast corner of U.S. 27 and Citrus Tower Blvd. SIZE OF PARCEL: +/- 30 acres EXISTING LAND USE: Undeveloped. FUTURE LAND USE DISTRICT: The subject property is in the Undeveloped District - 5 (UD-5) land use district and the requested use is an allowable use with the approval of a Planned Unit Development (PUD). 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. Planning Director, Barry Brown, introduced this request by saying that the Commission tabled the request until August in order to give the applicant an opportunity to provide estimated water consumption figures. These estimated water usage calculations were included in the packets. Mr. Brown went over the figures with the Commission and indicated that the comparison figures supplied for the Residential Subdivision had been greatly underestimated. If more accurate figures for residential use had been provided, it would demonstrate that the proposed commercial project will use less than half the water a residential subdivision would use. Mr. Brown went on to say that he would like to address the revised conditions presented by Presco Associates. Mr. Brown went on to say that the language in the original conditions would remain in effect except for the following: Section 4, Transportation Improvements, Condition #8 shall read "Within 2 years -~ --from the date of-issue of the first certificate of occupancy in Phase-I, paved access shall be provided across Phase II to connect Phase I with Division St. Section 6, Landscaping and Miscellaneous Site Improvements,Condition number 4 shall read "Parking lot islands shall be a minimum of 2b8 200 sf in area and 10 ft in width excluding the curb. Frank Caputo made the comment that the extra 50 feet required on the parking islands would be better for getting more water back into the ground. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 7, 2001 Page-3- Barry Brown replied the developer would still be required to provide 20 sf of landscaped area for each parking space, therefore the total impervious area had not been reduced. And since proposed revisions to the landscape code were calling for landscape islands to be a minimum of 200 sf, this would bring the CUP in line with the future code requirement. In addition, the proposed landscape code revisions call for an increase in the amount of landscaped area, to be provided within parking lots. Richard Tegen asked if the change to the Landscape Ordinance would effect this CUP. Barry Brown said that whatever code is in place when the development starts is the code to which the developer must adhere. Richard Tegen asked if it is fair to make developers adhere to new ordinances when the CUP was submitted when the old ordinances were in effect. Mr. Brown replied that the developers supply "conceptual site plans" when they apply for the CUP and are kept abreast of any upcoming changes. Robert Guthrie suggested that in Section 4, Condition 8, it be indicated in the CUP that the paved access from Phase I to Phase II shall be provided by the permittee of Phase I, in case the property changes owners and/or developers. Frank Caputo asked that a time limit of one year to provide cross access be included in the CUP. Barry Brown said that the applicant had asked for three years and the City Manger felt that two years was more appropriate. Frank Caputo asked if the Commission could limit the number of drive throughs permitted on the out parcels. Barry Brown replied that it was possible to make that limitation. Bob Shakar, 230 Mohawk Road, Clermont, FL. was sworn in. He commented that he has cooperated with the City and will answer any questions the Commission has for him. Frank Caputo told Mr. Shakar that he would like to see the cross access after one year rather than two because it gives the public the alternative of going past Citrus Tower Blvd. and going to Division St. instead. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 7, 2001 Page-4- John Atwater said that four out parcels were discussed last time and there are seven shown on the conceptual plan and he asked for clarification. Barry Brown said that originally he was not considering the three parcels on the east side of the project as out parcels, but it has been brought to his attention that they are indeed out parcels. He further stated that parcels E and F would be considered as one out parcel, so that there would be a total of six out parcels. Frank Caputo mentioned that he was under the impression that the CUP would become null and void if construction did not begin within one year. Mr. Shakar requests two years to commence construction. He explained that one year might be possible if there was only a single user involved, but it would be impossible for a project this size to make a commitment like that. It would be onerous since no prospective tenants have signed with the developer as yet. Richard Tegen said that he fears another project like Lost Lake that has become an eyesore along Highway 27. If construction is not started in one year the developer should have to come back before the Commission again. Barry Brown said that Lost Lake was allowed to do things that are now against code. Under the current code, a developer is not allowed to grade until there is an approved site plan. Frank Caputo again asked if the developer could be held to a one year construction start. David Pape asked if there could be a vote on that point to see how the entire Commission feels about it. He expressed strong objection to holding this developer to a one year construction start saying that Mr. Shaker is a local developer, that he has always done what he-said he was going to do, and that as a responsible member of the community he would not want to be involved in anything that would be a detriment to the community or to his business. Frank Caputo then asked Mr. Guthrie what could be done to accommodate Mr. Shaker without making him go through the entire CUP process if he doesn't get his construction started, if it were to be approved with the one year restriction. Robert Guthrie replied that the code will take care of some of the issues that were not covered before. Staff must decide on a realistic time line for the approval of plans etc. • • C1TY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 7, 2001 Page -5 - Barry Brown said the time allowed until construction began used to be one year and was changed to two years because so many CUP's were being brought back. He further stated that the two years worked very well. John Atwater said that last month there was discussion on "going dark" and that Mr. Arnold objected to that language. John Atwater asked where that stands now. Mr. Shakar said that they have a better understanding of what is meant by "going dark" and they accept that as part of this CUP. Dave Lange asked what the time line is on the development of Citrus Tower Blvd. Barry Brown said the City was going to meet with the County, and Mr. Shakar on the 14th of August to work out some stormwater retention issues and then the County should be ready to go on with the project. Frank Caputo opened discussion to the public. Leslie Langerfeld, 924 Forest Hill Dr, Clermont, FL was sworn in. She indicated that she lives just to the east of the project and wanted to know what will be going in and out of a small gate that is indicated on the conceptual plan that is near her property. Mr. Shakar replied that it is a lift station that is gated. Ms. Langerfeld then asked where the large delivery trucks will be entering and exiting the project, and expressed concern about the lighting on the parking lot. Mr. Shaker said that delivery trucks would be using the second entrance to the west of her property for deliveries. He further told Ms. Langerfeld that if trucks start using the first entrance to the west to let him know and he will personally speak to the tenant who is-receiving the delivery. He assured her that the lighting will be included in the site -. plans and that City Staff will consider the neighboring residents when looking.at the lighting for the parking lot. Jim Purvis, 4206 Hammersmith, Clermont, FL was sworn in and expressed concern about the water consumption and the signage on Division Street. Frank Caputo asked if it could be included in the CUP that the road from Grand Highway will not be used by 18 wheelers for making deliveries. Mr. Shakar said he would be willing to stipulate that point in the tenants leases. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 7, 2001 Page -6 - Frank Caputo closed the public portion and returned the meeting to the Commission. Gene Crossley asked Tamara Richardson if the water use calculations were correct. Tamara Richardson said that they were within reasonable expectations. Richard Tegen made a motion to approve the CUP with the changes recommended by Staff. John Carlson seconded the motion. Frank Caputo asked if there was any discussion on the motion. Gene Crossley asked if the CUP was going to include language about the drive through windows. Mr. Tegen said his motion remains as presented. The vote was 6-1 in favor of approval of the CUP with Gene Crossley voting nay. 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Active American Communities, Inca OWNER: Lennar Land Partners, LLC REQUEST: For a Conditional Use Permit to construct a 258 unit multi family seniors independent living apartment community along with the related amenities and 5,000 sq. ft. of Professional Office. GENERAL LOCATION: The property is located at the northeast corner of U.S. 27 and Kings Ridge Blvd. EXISTING LAND USE: Undeveloped FUTURE LAND USE DISTRICT: Undeveloped District-7 (UD-7). FUTURE LAND USE CLASSIFICATION: Mixed Use Classification I. Barry Brown, Planning Director, announced that the applicant has withdrawn the application. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 7, 2001 Page -7 - 3. LAND DEVELOPMENT REGULATIONS REVISIONS (CHAPTER 118 - LANDSCAPING) Mimi Ogden introduced the proposed changes in the Land Development Regulations in the form of Ordinance 311-C. Mimi Ogden read the proposed changes to the Commission and offered to answer any questions they might have. Frank Caputo asked if water retention areas could be included as part of the required buffer, and stated that if it could then attention needed to be given to the grading. Barry Brown answered that with the change to a 20 foot landscape buffer that could be a possibility. Dave Lange asked if there was a natural buffer larger than what is required by the City, would they have to tear all that out and then replant. Barry Brown said that existing trees would count toward buffer requirements and that they would be encouraged to keep as many existing trees as possible. Frank Caputo asked if there were any more questions. There being none he said he would consider a motion. Barry Brown brought everyone's attention to the new amended preferred tree list. The list has been separated into canopy and understory trees and only drought tolerant trees are being considered as preferred trees. David Pape made a motion to approve the changes recommended by Staff including the revised preferred tree list. Gene Crossley seconded the motion. The vote was unanimous in favor of approval. Barry Brown presented an Ordinance from Orange City, FL., which is their Architectural Design Ordinance. He asked the Commission to read it and to be thinking about a design standard for the City of Clermont to be included in the City Code. Barry Brown asked for any specific questions from the Commission in reference to the design standards. • C1TY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 7, 2001 Page -8 - John Carlson stated that the City of Clermont needed to be more stringent than Orange City was. Frank Caputo suggested that the Commission would probable need another month to look at the Orange City Ordinance and to then formulate some suggestions for ours. Frank Caputo asked if there were any non-agenda items that anyone would like to discuss. Dave Lange asked if there had been any applicants to fill the vacancy on the Commission. Barry Brown reported that there were not. Gene Crossley asked if the new dance studio going in where USA Heat was will need to apply for a CUP. Barry Brown replied that they would not need a CUP. He explained that USA Heat needed one because they were serving food. There being no further business the meeting was adjourned. _~ ~-~, Frank Caputo, Chairm ATTE ~ ~ ~ -. ~~ ~ ~ ' e C. McAllist -Planning Technician II