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05-01-2001 Regular Meeting• • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 1, 2001 The meeting of the Planning & Zoning Commission was called to order Tuesday, May 1, 2001, at 7:00 P.M. by Chairman Frank Caputo. Members present were Bill Rauch, John Atwater, Richard Tegen, Dave Lange, David Pape, and Joseph T. Bonjorn. Gene Crossley and John Carlson were absent. Also in attendance were Barry Brown, Director of Planning, Mimi Ogden, Planner I, Jane McAllister, Planning Technician II, and City Attorney Robert Guthrie. MINUTES of the Planning and Zoning Commission meeting held April 3, 2001 were approved as written. 1. REZONING APPLICANT: South Lake Foundation OWNER: Jack and Joyce Amann REQUEST: To rezone the property from R-3 Residential/Professional District to CBD Central Business District. GENERAL LOCATION: This property is located on the southwest corner of West Avenue and Juniata Street., facing Center Lake. EXISTING LAND USE: Residence with a Beauty Salon. FUTURE LAND USE DISTRICT: Established Business District -1 (EBD-1 ). FUTURE LAND USE CLASSIFICATION: Central Business District. EXISTING ZONING: R-3, Residential/Professional District. Planning Director, Barry Brown introduced this request by stating that this rezoning is being requested subsequent to a change in land use designation for the property. Last month the Planning and Zoning Commission recommended approval and the City Council granted a change in land use for this property from Residential to Central Business District. This request for rezoning will bring the zoning in line with the land use designation and complete the process of bringing this property into the Central Business District. Frank Caputo called for any questions or comments from the public and then from the Commission members. There were none. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 1, 2001 Page - 2 - Bill Rauch made a motion to approve the request for rezoning. John Atwater seconded the motion. The vote was unanimous for approval. 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Grace Community Church of Clermont OWNER: Greg Homan REQUEST: For a Conditional Use Permit to amend Resolution No. 1075 to allow for the temporary operation of a church in the C-2 General Commercial District. LOCATION: Lot #5 of the Citrus Tower Center. EXISTING LAND USE: Commercial Center FUTURE LAND USE DISTRICT: Undeveloped District (UD-5) FUTURE LAND USE CLASSIFICATION: Commercial EXISTING ZONING: C-2 General Commercial. A Church is a conditional use in all zoning districts. Barry Brown, Planning Director, introduced this request by saying that the applicant is proposing to operate a church at the Citrus Tower Center. A church was previously approved at this location and staff is not aware of any problems with its operation. The proposed use meets the criteria of the land use designations and the zoning district. Donald E. Farley, 10719 Lake Ralph Drive, Clermont, who is the applicant, was sworn in. Frank Caputo asked if there wasn't already a church at the Citrus Tower Center. Mr. Farley replied that the other church had moved out and that his church was going to use the same space as the other one had used. Frank Caputo asked if there were any questions or comments from the public. There were none. Mr. Caputo then asked for comments or questions from the Board. There were none. • . CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 1, 2001 Page - 3 - David Pape made a motion to approve the Conditional Use Permit. David Lange seconded the motion. The vote was unanimous in favor of approval. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT AND OWNER: Janis Sheldon REQUEST: For a Conditional Use Permit to allow the operation of a Montessori School in the R-3 Residential/Professional District. LOCATION: 983 W. Desoto Street. The property is located on the southeast corner of Desoto and Tenth Streets. EXISTING LAND USE: Residential FUTURE LAND USE DISTRICT: The subject property is in the Non-Established District-6 (NED-6) land use district and Residential land use classification. EXISTING ZONING: R-3 Residential/Professional District. A private school is a conditional use in the R-3 zoning district. Barry Brown, Planning Director, introduced this CUP by stating that South Lake Montessori School Inc., is a private school for children ages 3 to 6 years old. The school will operate from 8:30 am to 2:30 pm, Monday through Friday and follows the Lake County school calendar. Enrollment will be between 30 and 35 students. Staff believes the school is appropriately located. Magic Moments, a daycare facility, is in operation diagonally across Desoto St. from the subject property and there have been no complaints from surrounding property owners. The property has the proper land use designations and zoning. Barry Brown also stated that the applicant has requested a change in Section 2, Condition 2. It will be amended to read "To allow for safe on-site pick-up and drop-off of students, aone-way paved or gravel driveway shall be constructed from Tenth St. to Desoto St. John Atwater asked if there was going to be any problem with the amount of traffic during pick-up and drop-off between this school and the daycare facility and if the driveway would be wide enough to accommodate two or three cars. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 1, 2001 Page -4 Barry Brown replied that "stacking" should not be a problem, and that there would be enough room to accommodate vehicles associated with both facilities. Pick-up and drop-off will be accomplished entirely on private property and will not impact the traffic on Desoto St. or on Tenth St. Bill Rauch asked if the hours of operation of the two facilities were similar. Barry Brown replied that he didn't know the hours of both facilities. Frank Caputo suggested that traffic enter on Desoto St and exit on 10th St to ease traffic on Desoto St. Barry Brown explained that Magic Moments Day Care's exit is further to the east and there should not be a conflict. Frank Caputo asked if there were questions or comments from the public. Don Baylor, 3526 Westerham Dr., Clermont, FL was sworn in. He stated it will be safer for children to exit their vehicle through the door closet to the facility. Mr. Donald Madden, 843 Tenth Street, Clermont, FL. was sworn in. Mr. Madden expressed concern that an additional facility for children at this location will cause a noisy situation and disturb him at his home. Jan Sheldon, 17521 State Road 19, Groveland, FL was sworn in. Ms. Sheldon is the owner of the Montessori School. She stated that there would be no playground as such. The children are given gardening chores to do but do not spend time out doors running and playing. She further stated that the children would be engaged in learning activities that would not be disturbing to the neighbors. John Atwater asked if there was a time frame in which the children would be outside. Ms. Sheldon replied that the children are permitted to be inside or outside as they wish during the day. Richard Tegen asked when the school would open. Ms. Sheldon replied they would be opening the second week in August and that they follow the Lake County School Schedule. They will be opened 180 days a year. David Pape asked what other activities would be done outside besides gardening. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 1, 2001 Page -5 - Ms. Sheldon said that several of the children would probably just be learning to walk, and that all the children would be well supervised. Frank Caputo then closed the public portion and returned the floor to the Board. Richard Tegen made a motion to approve the request to include the change to Section 2 Condition 2. Bill Rauch seconded the motion. The vote was unanimous in favor of approval. 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Home Depot U.S.A., Inc. OWNER: DeWitt Enterprises Inc. REQUEST: For a conditional use permit to allow the construction of a 145,320 square foot Home Depot store including garden center and two (2) out parcels. GENERAL LOCATION: The property is located on the south side of State Road 50, east of Rolling Hills Ford. SIZE OF PARCEL: +/- 20 acres. EXISTING LAND USE: Undeveloped. 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 at this location. EXISTING ZONING: C-2 Commercial District. Any business establishment or structure proposing to occupy more than 20,000 sq. ft. of floor space requires a conditional use permit. Planning Director, Barry Brown stated that the proposed Home Depot store with garden center is appropriately located between S.R. 50 to the north and the future Hook St. to the south. When the planned roadway network for the area is completed there will be excellent access to this site. The property has the proper land use designations and zoning. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 1, 2001 Page -6 - Mr. Brown wanted to highlight the following conditions; Section 4, #4, which states "Westbound access to the site from S.R. 50 shall be limited to a westbound left turn lane into the site through a directional median cut. The design for the turn lane and directional median shall be included in the construction plan set. The cost of the turn lane and median construction shall be borne by the permittee." Section 4, #6, which states: "Hook Street must be constructed from U.S. 27 to the Home Depot site and accepted by the County prior to issuance of a certificate of occupancy for the Home Depot store." Section 7 #1 "All out parcel ground signs shall be monument signs and the overall size of the sign including sign face and base shall be limited to 100 s.f." Section 7 #2 "The freestanding or ground sign for the Home Depot shall be a monument sign." Section 9, The Variance Requests, which will be addressed by the City Council. Richard Tegen asked if the plan was to construct the Hook St. addition from Hancock Road and go west. Barry Brown stated that the plan is indeed to construct Hook St starting at Hancock Rd. and proceed west. He further stated that the time frame for the completion of the construction of Hook St. is approximately two to three years. Frank Caputo questioned the height of the parapet walls. He reminded those present that the Publix at Kings Ridge has machinery that extends over the parapet wall and is visible. He wanted to be assured that this would not be the case at Home Depot, and that the parapet wall would be high enough to hide the rooftop equipment from view. George Hovis, representative for Home Depot, stated that the condition requiring Hook Street to be in place before Home Depot could receive its certificate of occupancy might cause a problem. He said that Hook Street will be built, but that the construction of the Home Depot might be completed sooner than the construction of Hook Street and that Home Depot would seek some relief from this condition. Sean Reaves, 2158 Cumberland Parkway, Atlanta, GA. was sworn in. Mr. Reaves is a representative of Home Depot U.S.A., Inc. He introduced the others present who are involved with the project. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 1, 2001 Page -7 - Mr. Reaves referred to Section 4, Item #6 which refers to the construction of Hook St. as a condition of the issuance of a certificate of occupancy. He stated that according to traffic studies that have been done, Hook St. will not be a major thoroughfare and is not necessary for customers to access the site. Most of the traffic will be from State Road 50. He further stated that it was unfair to ask a retail store to build a road that will not impact its site and then hold its certificate of occupancy to that construction. Bob Nitishin, 1755 Lee Exchange, Atlanta, GA., the architect for the Home Depot project was sworn in. He addressed the question of the parapet height by saying that they can do line of sight studies from the surrounding roadways. He believes they will be able to effectively screen the rooftop equipment from a reasonable distance. John Atwater asked what the time frame is for the Home Depot to be completely constructed. Mr. Nitishin addressed the time frame for construction of the Home Depot. He said that they would be able to start the process approximately two (2) to three (3) weeks after they receive the approval of the City Council. Actual construction would then begin towards the end of this summer and the anticipated opening of the store would be at the beginning of April 2002. He further stated that this is why the issuance of a certificate of occupancy cannot be tied to the completion of Hook Street, which has an anticipated completion date of 2 to 3 years. Barry Brown stated that Hook Street is an impact fee eligible roadway and that Home Depot could receive dollar for dollar credit for their part of the construction of that roadway. He also said that there were sections of the proposed Hook St where right-of- way has not been acquired as yet and that this could delay the project. John Atwater asked if the Home Depot project went ahead without the construction of Hook Street, westbound traffic would have to cross traffic to access the store. He also asked if someone exiting the store wanted to go westbound would they have to go eastbound and then make a U-turn somewhere. Barry Brown answered in that case they would probably keep a full median until Hook St was constructed. Frank Caputo said that the traffic study stated a traffic signal should be at the entrance of Home Depot before Home Depot opens. He said that probably should be a condition of the CUP. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 1, 2001 Page -8 - Barry Brown stated that the City does not support a signal at the entrance to Home Depot. He said there is a signal planned for Oakley Seaver Drive and there is already a signal at Grand Highway. This is why Hook St. needs to be in place from U.S. 27 to the site by the time Home Depot opens. This way people can exit on to Hook Street and go either east or west to Grand Highway or Oakley Seaver Dr. where both intersections will be signaled. David Pape asked if there was an alternative to a median cut in front of Home Depot. Barry Brown said that patrons could exit eastbound and go to the median cut that exists at Oakley Seaver now. Richard Tegen asked who would have the final approval for a full median cut. Barry Brown explained that a full median cut would be a precursor to a signal. A directional median cut would leave the decision of where a signal belongs, either in front of Home Depot or at Oakley Seaver and S.R. 50, up to the City. Sean Reaves said that Home Depot wants what is good for Clermont as well as what is good for Home Depot. The entry and exit from the site is up to the City. He said that Home Depot wants a safe entry and exit. David Lange asked why the Home Depot couldn't be moved to the parcel that will be parallel with Oakley Seaver Drive so there would be access from that street as well as from State Road 50. Sean Reaves said that DOT agreed with the Home Depot traffic study that a light would be properly placed at the entrance of Home Depot so that customers wouldn't have a problem going west from the site. He said that the suggestion that the site be moved to the corner of Oakley Seaver and State Road 50 would not be prudent for Home Depot to consider since they have spent a large amount of effort on this site and anticipate opening a store in the next year. Frank Caputo said he thought it would be prudent for Home Depot to consider this option because it would be faster for Home Depot to put in Oakley Seaver Drive from S.R. 50 to Hook Street than any other option. He further said that Home Depot is anticipating opening a store within eleven (11) months. He stated there was no way Hook Street will be completed by that time but it was possible that Oakley Seaver Dr might be. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 1, 2001 Page -9 - Sean Reaves reiterated that moving the site would not be in the best interest of Home Depot. Frank Caputo said that Mr. Reaves is trying to please Home Depot and the citizens of Clermont, but that the Commission has one goal and that is to please and protect the citizens of Clermont. Dave Lange pointed out that a traffic light at Oakley Seaver would serve a four way intersection while a traffic light at the entrance to Home Depot would serve only that store. Sean Reaves introduced the Project Manager for the project Xabier Guerricagoitia, 1007 Leeds Court, Winter Park, FL. was sworn in. Mr. Guericagoitia pointed out that a traffic signal at the entrance of the Home Depot store would also serve whatever is developed to the east of their site, thereby providing cross access. He stated that in his opinion entry and exit into Home Depot would be dangerous without a traffic signal in place. David Lange asked if Oakley Seaver was going to be a main street. Barry Brown replied that Oakley Seaver Dr. will be a main street and that a signal will serve all directions at that intersection. He further stated there needs to be a directional median cut on State Road 50 in front of the Home Depot, explaining that if a full median cut is put in the City will lose control of where the signal will go and D.O.T. will be able to put a traffic signal in front of Home Depot. There will be no signal then at the intersection of State Road 50 and Oakley Seaver Dr. because it would place the signals too close to one another. David Pape asked if the City could give Home Depot some latitude on the construction of Hook Street. Barry Brown said that Staff would certainly be willing keep an open mind. George Hovis reiterated that condition #6 in the Transportation Improvements was going to be a problem because it ties the certificate of occupancy for Home Depot to the construction of Hook Street. Frank Caputo opened the discussion to the public. Gail Ash, 3912 Beacon Court, Clermont, FL, Jim Purvis, 4206 Hammersmith Dr., Clermont, FL, Jerry Turner, 2322 Hammersmith, Clermont, FL, Fran Branante, 1401 W Highway 50, Emerald Lakes MHP, Clermont, FL. were sworn in. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 1, 2001 Page -10 - Gail Ash asked that the City require the parking spaces at the Home Depot to be full size and not the smaller spaces requested by the applicant. Frank Caputo asked City Attorney Robert Guthrie if it was permissible for the Commission to discuss the variances that are included in the CUP. Robert Guthrie replied that it was alright to comment on the variances but that no action can be taken by the Commission. Dave Lange asked if Home Depot has used the smaller spaces in other locations and if so what was the size of those facilities. Bob Nitishin replied that those facilities are approximately the same size as the proposed facility. He further stated that Home Depot could live with the City standards. Jim Purvis stated he did not like the attitude of the applicant. He said he does not want the Home Depot here, that they should not allow smaller parking spaces, they should not be allowed to have a variance to allow larger than 100,000 square feet facility. Robert Guthrie commented that the variances will be aired, considered, and acted upon by City Council. Jerry Turner does not want to allow the variance for larger than 100,000 square feet. He does not like the change of quality of life in Clermont. Mr. Turner thinks the City should think of the long range problem of traffic control. Clermont is developing too fast and is allowing urban sprawl. Fran Branante stated that with the added population the City needs more store like Home Depot to come here. She further stated that times are changing and Clermont needs more services and more stores. David MacFarland, 670 E Minnehaha Ave, Clermont, FL was sworn in. Mr. McFarland stated that he has lived in Clermont for 36 years and has seen all the change. He stated that most people he has spoken to want the Home Depot. He said there were too many negative comments regarding new stores and services coming into the City, He said that times have changed and people have to allow it to change in a positive way. Mr. Ballard, 3526 Westerham Dr, Clermont, FL, was sworn in and expressed the opinion that Clermont needs a Home Depot. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 1, 2001 Page -11 - Elaine Tharp, 2322 Twickingham, Clermont, FL was sworn in. She suggested that even if Hook Street was constructed to Grand Highway instead of all the way to Highway 27 it would work because people could go to the traffic signal on Grand Highway. She said she would like to see Home Depot come to Clermont. Frank Caputo closed the public portion and returned the discussion to the Commission. Barry Brown had some comments from Commission Member Gene Crossley to convey to the Commission. He said Mr. Crossley wanted to make sure there would be eastbound decel lanes into the site at the entrances to the Home Depot and wanted that added as a condition. He also notices there were quite a few trees in the parking lot and wonders what effect that will have on lighting when the trees mature. Barry Brown stated he would like to add the condition that if there are any billboards on the site they be removed when construction commences. Richard Tegen asked if there were any plans for who will occupy the out parcels. Sean Reaves replied that there were no tenants at this time. David Pape asked historically what kind of businesses go on Home Depot out parcels. Bob Nitishin replied that typically Olive Garden, Red Lobster. Frank Caputo stated that he shops at Home Depot, however he is concerned with the traffic. David Pape made a motion to approve the request for a Conditional Use Permit adding a condition for decel lanes eastbound and the removal of any billboards. The motion was seconded by Joseph T. Bonjorn. Frank Caputo asked if there was any discussion on the motion. Several Commission members has comments they want to be considered by the City Council they are as follows; John Atwater wanted the City Council to know that the Commission does not approve of the smaller parking spaces. David Lange stated he does not want to allow 145,000 square feet. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 1, 2001 Page -12 - David Pape stated that the 100,000 square foot ordinance is not applicable to this site. Bill Rauch stated that the reason for voting against a big box before was because of the location not the size of the facility. Richard Tegen expressed the opinion that the 100,000 square foot ordinance was a rash decision and not given much thought. Frank Caputo wanted to recommend that the Council not back off on the construction of Hook Street, and he thinks a directional cut on Highway 50 will cause a bad situation. The vote was 5-2 in favor of approval of the Conditional Use Permit with David Lange and Frank Caputo voting nay. David Lange commented that he voted against Home Depot because it is in a bad location. Frank Caputo opened the floor for discussion of non agenda items. Bill Rauch asked Barry Brown if there had been any progress in getting Jones Racing to comply with City Code. Barry Brown replied that the case was going to the Code Enforcement Board in May, There being no further business the meeting was adjourned. ~' Fra Caputo, Chairma ATTEST: a e C. McAllist -Planning Technician II