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06-05-2001 Regular Meeting• • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 5, 2001 The meeting of the Planning & Zoning Commission was called to order Tuesday, June 5, 2001, at 7:00 P.M. by Chairman Frank Caputo. Members present were Bill Rauch, 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, Jane McAllister, Planning Technician II, and City Attorney Robert Guthrie. Chairman Frank Caputo announced that Commissioner Bill Rauch is moving out of the City and has therefore resigned from the Commission. The Chairman expressed appreciation to Bill Rauch for his service to the City. MINUTES of the Planning and Zoning Commission meeting held May 1, 2001 were approved as written. 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Greater Construction Corporation OWNER: Knapp Trust REQUEST: To amend the Conditional Use Permit for the Hills of Clermont PUD, Resolution No. 1033, to allow for a density of 8 units per acre on a portion of the PUD. The increase in density will allow for the construction of a multifamily townhome project. GENERAL LOCATION: This property is located on the east side of Hancock Rd. south of S.R. 50, north of the Hills of Clermont subdivision. EXISTING LAND USE: Undeveloped. FUTURE LAND USE DISTRICT: The subject property is in the Undeveloped District-6 (UD-6) land use district and the requested use is an allowable use at this location. FUTURE LAND USE CLASSIFICATION: The subject property is classified as Residential and the requested use is allowed in the Residential land use classification. EXISTING ZONING: PUD zoning that limits density to 4 units per acre over the residential portion of the PUD. An amendment to the PUD is required to allow for multifamily density. Planning Director, Barry Brown introduced this request by stating that the Hills of Clermont is an existing, mixed use PUD encompassing 138 acres of land that includes commercial property on SR 50 and residential property south of SR 50 on both sides of • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 5, 2001 Page - 2 - Hancock Road. At the time the PUD was originally approved, the proposed alignment of Hook St. was further to the north. At the request of Lake Co. and the City, the applicant agreed to realign Hook St. to the south. In so doing, Parcel 2 and a portion of parcel 3 were separated from their parent parcels. In exchange for the realignment and right-of-way dedication, the applicant has requested an increase in density on Parcel 2 from 4 to 8 units per acre in order to construct a townhome project. While the applicant is requesting land use changes for Parcel 3 as well, this application addresses only the increased density for Parcel 2. The requested changes for Parcels 2 and 3 were discussed with the Council in workshops that lead up to the last Comprehensive Plan Amendment submittal in February of this year. At the Comprehensive Plan transmittal hearing in February, the Council agreed to the increase in density on Parcel 2, and to land use changes and increased density on Parcel 3. Mr. Brown further called attention to the changes that would be made to the original conditional use permit on page 3 #12 which allows 2 years instead of 1 year for construction to begin on the project. Also, page 7 #10, which states that prior to the approval of construction plans for any development beyond Parcel #1, the Hills of Clermont subdivision, the permittee shall dedicate right of way for the extension of Hook St. and that said dedication shall apply to properties that are located on both the east and west sides of Hancock Road. The section goes on to say that a 100 foot right of way shall be dedicated the length of the subject parcel ,and that the alignment of the right-of-way shall be determined by Lake County and the City of Clermont. Page 8 Section 5 #2 states that a fifteen (15) foot landscape buffer shall be provided along the Hancock Road frontage of the multifamily project on Parcel #2. Also that water for irrigation shall be provided by an irrigation well as approved by SJRWMD. Frank Caputo asked that a requirement to irrigate the slopes of the water retention areas be added to Section 4, paragraph 4, on page8. Barry Brown replied that the requirement for irrigation has already been written into the City Code but that it could certainly be added to the CUP. Richard Tegen asked why the time allowed to begin substantial work was changed from 1 year to 2 years. Barry Brown replied that the City currently allows 2 years for most developments to commence construction. Two years is not a long time frame from the development perspective. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 5, 2001 Page-3- Richard Tegen asked if an irrigation well had already been approved by St. Johns. Barry Brown explained that the developers would have to go through the proper permitting procedure. David Pape asked the price of the proposed town homes. Doug Metzger, Glatting, Jackson, 33 E Pine St. Orlando, FL. 32801 was sworn in. Mr. Metzger is representing Greater Construction Corp. Mr. Metzger showed a slightly revised site plan and explained the entrances and exits from the project. He stated that there had not been any price set for the town homes yet as it is still being researched by the architects. Mr. Pape asked if it was going to be low-income town houses. Mr. Metzger replied that it would not be low income and that they would be geared toward retirement housing and empty nesters. These will be two story town homes and will provide a program that will take care of the maintenance and upkeep of the property. David Pape asked how many units would be built on this property. Mr. Metzger replied there will be 96 units on Parcel #2, and an additional 200 units on Parcel #3. David Pape said it sounds like these units will be a magnet for many families with children and that the schools are overcrowded now. Bill Rauch expressed surprise that Greater Construction hasn't established a target market yet. Frank Caputo asked how many bedrooms these units would have. Mr. Metzger replied that they hadn't decided that yet but they would probably be 1,2, and 3 bedroom units. John Atwater asked if Mr. Metzger knew how many single family units Greater Construction had to give up in order to dedicate the right-of-way for Hook St. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 5, 2001 Page -4 Mr. Metzger did not know. Hamp Conley, Greater Construction Corp., 1105 Kensington Park Dr., Altamonte Springs, FL was sworn in. Mr. Conley explained that they were originally going to dedicate only half of the right-of- way needed for Hook St., but now with the realignment, Greater Construction is dedicating the entire right-of-way. Mr. Conley then added that the architects are working on the design for the town homes and that the bottom end will probably be somewhere around $140,000.00. John Carlson commented that the architect has jammed as many units as possible on the property. He further commented that this might compromise the quality of life and might not be attractive to the intended retirees and empty nesters, but rather more suited to low income families. He asked if the number of units could be reduced. Mr. Conley replied that 4 units per acre is single family, not multifamily. Frank Caputo commented that in the application they requested a 1 ~/a inch thickness for the roadway surface instead of the required 2 inches. Barry Brown replied that was a request in their CUP application, but staff did not include that request in the conditions, they must meet code. Dave Lange asked if gray water was available in this area. Barry Brown said the project will be plumbed for reuse water. That water is not available currently, however it will be in the future. He added that they will be required to use the reuse water and will cap the irrigation well at that time. Frank Caputo asked if there was anyone in the audience who would like to speak . Troy Terrio, 2694 Bond St, Clermont, FL was sworn in. Mr. Terrio expressed concern about what they would be charging for the town homes and what kind of people will be living there as it will have an effect on his quality of life. Gene Kennedy, 12638 Scottish Pine Dr. Clermont, FL was sworn in. Mr. Kennedy asked if this project was geared toward retired people why they would be multi-level homes, stating that retired people don't as a rule want multi-level. His main concern was the additional traffic that will be generated by adding multifamily to this project. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 5, 2001 Page -5 - Frank Caputo returned the floor to the Commission for questions. David Pape asked if there was a list of amenities planned for this project. Barry Brown replied that there was not a list. The amenities shown on the graphic, a pool, cabana, and some open space are all that is planned. Frank Caputo asked what the square footage of the buildings would be. Mr. Conley replied that he did not know, and that the architects had not compiled all the necessary information as yet. Frank Caputo commented that if the Commission approves this request they will have no input into what price range the product is and will be stuck with 8 units per acre of whatever the developer decides they want to put on the property. He also mentioned that the density is too great for that area and will cause traffic problems as well as overcrowding in the schools. Richard Tegen made a motion to deny the request as submitted until (here is more information. David Pape seconded the motion. The vote was unanimous for denying the request. 2. REQUEST FOR SMALL SCALE COMPREHENSIVE PLAN AMENDMENT APPLICANT: Jimmy D. Crawford of Gray Harris, Robinson, et. al. OWNER: Marjorie and John Robbins REQUEST: For a Small Scale Comprehensive Plan Amendment to change the Future Land Use Classification of the property from Residential/Professional to Commercial. LOCATION: The Robbins Realty office building on the southeast corner of SR 50 and Fourth St. EXISTING LAND USE: Office for Robbins Realty Inc. FUTURE LAND USE DISTRICT: The subject property is in the Non-Established District-3 (NED-3) land use district. Retail sales, which is a commercial use, is allowed in the district, but not at this location. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 5, 2001 Page -6 - FUTURE LAND USE CLASSIFICATION: The subject property is classified as ResidentiaVProfessional. Commercial uses are not allowed in the ResidentiaVProfessional land use classification. EXISTING ZONING: C-1 Light Commercial. SIZE OF PARCEL: 10,000 square feet. Barry Brown, Planning Director, introduced this request by saying that the applicant is requesting an upgrade in the land use classification from professional office to commercial. While there are existing retail uses to the west of the subjects property, they are non-conforming uses that were grandfathered in when the future land use map was adopted. This area was intended to redevelop as professional office and multifamily to provide a buffer from SR 50 to the single-family residences to the south. He further stated that Staff sees no compelling reason to change the land use classification to commercial and therefore recommends denial of the request. Frank Caputo asked if the applicant was present and wished to speak. Jimmy Crawford who represents Mr. & Mrs. Robbins pointed out all the commercial and retail space in the area of the property in question. He read the definition of NED Non- Established District, which indicated an area of change. He pointed out that there are uses all around the property in question that have more impact on the surrounding area than changing this property to retail would have. John Atwater commented that he didn't mind having the commercial uses on State Road 50, but that he did not want to see any type of commercial on Chestnut Street. He asked if there was a way to separate the property so that the part that is on Chestnut Street would not be used as commercial. Barry Brown explained that he would be reluctant to divide the property since they might need additional parking or storm water retention. Frank Caputo asked if there was anyone in the audience who would like to speak. There was no one. John Carlson said it looks like the neighborhood is upgrading and that allowing commercial at this particular site would be going backward. Gene Crossley said if this change is allowed then other neighbors might want to change to commercial use and that would not fit in with the upgrading of the neighborhood. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 5, 2001 Page -7 - Gene Crossly made a motion to deny the request. Dave Lanqe seconded the motion. The vote was unanimous to deny the request. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT AND OWNER: Thomas W. Vincent, Halvorsen Development Corporation. REQUEST: For a Conditional Use Permit to allow the construction of a convenience store and gas station. LOCATION: The Publix shopping center at the northeast corner of US 27 and Hartwood March Road. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: The subject property is in the Undeveloped District-7 (UD-7). FUTURE LAND USE CLASSIFICATION: Mixed Use Classification I. EXISTING ZONING: C-2 General Commercial. Barry Brown, Planning Director, introduced this CUP by stating that the proposed use meets the criteria of the land use designations and the zoning district. The use is appropriately located at what will be a signaled intersection of an arterial roadway (US 27) and a roadway functioning as a minor collector (Hartwood Marsh Rd.). He indicated that the project had Staff approval with the modified conditions. Mr. Brown passed out a copy of the modified conditions and went over them for the benefit of those present. This document becomes part of Mr. Brown's memorandum. John Carlson asked if there was a gas station and convenience store going in at the south side of Hartwood Marsh Road. Barry Brown replied that there was a Hess Station going in on a parcel on US Highway 27 just south of Hartwood Marsh Road. Frank Caputo expressed concern about a traffic problem that he believes will occur when people try to get into parcel #1. He fears there will be a conflict with people trying to exit the shopping center parking lot. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 5, 2001 Page -8 - Frank Caputo then asked if the applicant was present and would like to speak. Tom Vincent, Halvorsen Development Corp., 33 S.E. 4th Street, Suite 100, Boca Raton, FL. was sworn in. Mr. Vincent stated that Halvorsen had just about given up on putting a gas station and convenience store on this parcel until Publix said they would like to open one of their own, a PIX Convenience store. He stated this would be unlike any other convenience store and would provide home cooked meals similar to those in the main store. He said it would be totally owned and operated by Publix. Mr. Vincent informed the Commission that he had met with many residents of Kings Ridge and had formed an agreement with them about many things the residents were concerned with. This agreement is reflected in the conditions of the CUP. Richard Tegen asked how many PIX stores there are in operation. Mr. Vincent replied that this would be a prototype, and that it may be the first or not depending on what happens at other locations the company is looking into. Richard Tegen asked if there had been traffic studies done for this parcel. Mr. Vincent replied that there had been traffic studies done for the entire shopping center including the out parcels and accounted for the trip generations, and off site improvements and mixed uses. Mr. Tegen asked if the fact that there will be food served at this convenience store, will it generate more traffic than if something else was there. John Atwater asked if there would be food served cafeteria style? Mr. Vincent replied that was not the case. There will be fresh deli sandwiches and warm food, but it will be take-out just as in any other convenience store. Mr. Vincent went back to the traffic question and explained that when they set up parking lots and out parcels they try to have them line up. There will be no conflict that will cause any stacking. Duane Booth, Farner Barley & Associates, 350 Sinclair Ave, Tavares, FL. was sworn in. Mr. Booth said that in the traffic study that was done for the entire development and there was a lot of traffic included in the original study that is not going to be there. He said they did the early traffic study on more square feet than what actually was built. • . CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 5, 2001 Page -9 - Mr. Booth further stated that they have met all DOT requirements. Frank Caputo asked if Publix was buying the out parcel. Mr. Vincent replied that Publix was buying the property. Frank Caputo then asked if there will be an irrigation well on the property. Mr. Vincent replied that if that was the wish of the City, that is what they would do . Frank Caputo asked if there was anyone in the audience who wished to speak. Bob Milkman, 2123 Braxton St., Clermont, FL., and James Ames, 2012 Braxton St. Clermont FL. were sworn in. Mr. Milkman stated that the memorandum is consistent with what was worked out between the Halvorsen Corporation and the Kings Ridge residents. He expressed his gratitude for the cooperation shown by the Halvorsen Corp. Mr. Ames wanted to know how binding the letter of agreement between Halvorsen and the Kings Ridge residents would be. Barry Brown explained that the conditions stated in the agreement would not be binding until they were made part of the CUP and the CUP was adopted by the Council and executed by the developer and then the City would enforce it. Mr. Ames then expressed his concern with the traffic at Hartwood Marsh Road and Hancock Road. He also commented that there was no need for another gas station and convenience store, and that this was done when a great many of the residents of the Whitehall neighborhood, who are snowbirds, are not here to speak. Adrienne Ringling, 2088 Braxton St, Clermont, FL was sworn in. Ms. Ringling said the traffic on Hartwood Marsh Road is horrendous and she doesn't want to see the PIX built. Lorraine Hoffman, 2153 Winsley St, Clermont, FL was sworn in. She complained that there are semi trucks parking in the Publix parking lot over night and this is causing her a problem because of the noise the running trucks make. Barry Brown thanked Ms. Hoffman for her input and informed her that an ordinance was in the drafting stage to ban overnight parking in parking lots. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 5, 2001 Page -10 - Lee Noble, 2104 Braxton St. Clermont, FL was sworn in. Mr. Noble expressed his concern with the traffic at the entrance on Hartwood Marsh Road and is opposed to allowing a gas station and convenience store on parcel #1. Frank Caputo then turned the meeting back over to the Commission. Richard Tegen asked if requiring that a signal be installed at the intersection of US 27 and Hartwood Marsh Road prior to issuing a certificate of occupancy could be a condition of the CUP. Barry Brown said that he preferred that it not be a condition of the CUP and explained that D.O.T. does not and will not install a signal until a warrant study has been done after the businesses are open. If you do a study before the businesses are open you will not have enough traffic to be able to qualify to have a signal installed. Tom Vincent explained the warrant study in more detail and added that whether there is a gas/convenience store or a bank on parcel #1 it won't change the level of service that is guaranteed by the improvements that are already installed, and those that will be installed with the South Lake Center on the south side of Hartwood Marsh Rd. Frank Caputo commented that he was fairly certain that the new South Lake Center, the Walgreen's and the people who are using Hartwood Marsh Road as a short cut were not included in the original traffic study for Kings Ridge. Mr. Vincent replied they had to provide a separate traffic study for the South Lake Center and so all of the traffic at that location was taken into consideration. David Pape asked Barry Brown if in his opinion this was the best thing that could go on this parcel. Barry Brown replied that the only thing that would generate more traffic would be a fast food restaurant. Frank Caputo asked Barry Brown if the CUP is approved could it specify that the irrigation be done by well approved by the St. Johns Regional Water Management District. Mr. Brown replied that it could be done that way. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 5, 2001 Page -11 - Frank Caputo asked Mr. Guthrie that since the applicants were putting in language in reference to federal and state laws in Section 6, condition 7, could we include that if any of the restrictions violate state or federal law the CUP would either expire or would have to come before the Planning and Zoning Commission again. Mr. Guthrie said that was a strict sanction and that a fairer way would be to say that if part of the CUP violated state or federal law that particular part would be brought before the Planning and Zoning Commission and the City Council again. Also if it was a minor infraction it should be able to be worked out by Staff. Dave Lange asked if reuse water could be used in this area. Barry Brown said that Kings Ridge and Publix were plumbed for reuse and this project will be plumbed for reuse. He added that Kings Ridge is the first on the list to receive the reuse water when it becomes available. Dave Lange asked if it could be added to the CUP that when the reuse water becomes available the irrigation well be capped. Mr. Brown answered that the stipulation could be added to the CUP. David Pape made a motion to approve the CUP as submitted with the amendments. The motion was seconded by John Atwater. Frank Caputo asked if there was any discussion on the motion. Mr. Caputo commented that they were creating a monster by approving this CUP. The vote was 2 to 6 against approval. Mr. Guthrie suggested there be a motion to deny and a vote on that so the City Council would understand exactly how the Commission voted. Richard Tegen made a motion to deny the request for a Conditional Use Permit. Dave Lange seconded the motion. Richard Tegen stated that it is ludicrous to put another gas station and convenience store at that intersection without a signal. Dave Lange expressed the same sentiments. Bill Rauch agreed with Mr. Tegen as well. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 5, 2001 Page -12 - Gene Crossley said he opposed the CUP because of that lack of a signal and he doesn't think another gas station and convenience store is necessary right there. Frank Caputo said the lack of a signal and the two driveways going into the site and having a convenience store within 100 yards of that site is his reason for denying the CUP. John Carlson said SR 50 & Grand Highway has two convenience stores right across the street from each other and he doesn't want to see the same thing at Hartwood Marsh and US 27. The vote was 6 to 2 for denying the Conditional Use Permit. 4. LAND DEVELOPMENT REGULATION CHANGES Mimi Ogden, Planner 1 introduced Ordinance 309-C which contains changes to Chapter 102, Signs, and Chapter 118, Vegetation of the Land Development Regulations. The proposed changes to Chapter 102 requires out parcel signs to be monument style signs. The change has been written to be consistent with the size allowed in Conditional Use Permits recently approved such as the Clermont Theater, Target, South Lake Center, etc. The proposed changes to Chapter 118 are at the City Councils direction in an effort to promote water conservation due to the extreme drought conditions. The changes to Section 118-1 will give Staff the flexibility to delay the installation of some of the landscaping required by Code for commercial projects and subdivisions, thereby reducing water consumption. Changes to Section 118-36 will require commercial and multifamily developments to use bahia or other approved drought tolerant ground cover. Dave Lange asked if this matter had been researched with other cities. Frank Caputo said he applauds the water conservation effort and asked if any consideration had been given to zeriscape. Mimi Ogden replied that the new landscape ordinance talks of zeriscape. She said that the City Engineer has been given a list of things by St. Johns Water Management to be included in the revised landscape regulations in order to get our consumptive use permit. One of the recommendations is that turf be limited to 20%. • i CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 5, 2001 Page -13 - There was discussion about the present water shortage and speculation about how long it will go on and the ramifications we will suffer if it continues. John Carlson made a motion to approve the changes to the Landscape Development Regulations David Pape seconded the motion. The vote was unanimous in favor of fhe changes. 5. PARKING REGULATION CHANGES Mimi Ogden presented a list of parking regulations Staff will be proposing to the City Council to be added to Chapter 62, Traffic and Vehicles of the Code of Ordinances. These changes do not require approval of the Planning & Zoning Commission, but Ms. Ogden said she would appreciate the input of the Commission. Gene Crossley suggested that recreational vehicles be added to the first addition. Richard Tegen said the second addition allowing no overnight parking in the Central Business District was a good idea. Frank Caputo asked if there was any discussion of non-agenda items. Gene Crossley asked if Mr. Guthrie would discuss the financial disclosure statement. Mr. Guthrie explained that this Commission has to file the financial disclosure statement because they have land planning authority. The instructions are clear and you don't have to list your homestead. Gene Crossley asked why the members of the Commission were not informed that they would be required to do a financial disclosure before they accepted the position. Mr. Guthrie agreed with Barry Brown that the information should be added to the criteria for being on the Commission. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION June 5, 2001 Page -14 - There being no further business the meeting was adjourned. `~~~ +~ ~, Fr nk Caputo, Chai an ATTEST: .~ da C. McAllist -Planning Technician II i