12-05-2000 Regular Meeting• • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION December 5, 2000 The meeting of the Planning & Zoning Commission was called to order Tuesday, December 5, 2000 at 7:00 P.M., by Chairman Charles Forth. Members present were Bill Rauch, John Atwater, Frank Caputo, Richard Tegen, Dave Lange, and Gene Crossley. Also in attendance were Barry Brown, Director of Planning, Mimi Ogden, Planner I, Jane McAllister, Planning Technician II, and City Attorney Robert Guthrie. Barry Brown introduced two newly appointed members of the Commission, Gene Crossley and Dave Lange. Both members were asked to tell those present a little about themselves. MINUTES of the Planning and Zoning Commission meeting held November 8, 2000 were approved with minor changes. 1. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Daryl Carter for Solo Development Corporation. OWNER: Chester C. Fosgate Company REQUEST: To allow the construction of a shopping center with up to 203,000 square feet of retail space and five (5) out parcels. GENERAL LOCATION: The property is located at the northeast corner of S.R. 50 and N. Hancock Road. SIZE OR PARCEL: +/- 40 acres. Barry Brown, Planning Director, explained that there was going to be a City Council Workshop in reference to this request and added that the applicant requested that their application be postponed to a date certain of January 2, 2001. Was re-advertised for Jan. 4, 2001 meeting. Richard Tegan made a motion to table the Solo request to January 2 2001. Frank Caputo seconded the motion. The vote was unanimous in favor of tabling the item. 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Hope H. Lamb OWNER: Hope H. Lamb REQUEST: To allow the operation of a boardinghouse in R-3 zoning district. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION December 5, 2000 Page - 2 - GENERAL LOCATION: The southeast corner of Osceola St. and Lake Ave. EXISTING LAND USE: Single family residence. Property to the north, east and south is residential, property to the west is vacant. FUTURE LAND USE DISTRICT: Non-Established District-1 (NED-2) FUTURE LAND USE CLASSIFICATION: Residential ZONING: R-3, Residential/Professional. A boardinghouse is a conditional use in the R- 3 zoning district. Barry Brown, Planning Director, introduced this request by saying that the subject property includes a 2-story frame residence and a detached garage. The residence is an outstanding example of early Clermont residential architecture. He said that Ms. Lamb has made a considerable investment in restoring the residence and by doing so has saved an important piece of Clermont's history. Ms. Lamb desires to offer rooms for rent on a short term basis in her home. The proposed use is consistent with the criteria of the land use and zoning designations, and is an appropriate use for the area. Mr. Brown recommended approval with the condition that one more parking space be added. Charles Forth asked if the applicant had anything to add, and if there was anyone in the audience who would like to speak. The applicant replied that she would answer any questions the Commission had to ask her. Steve Perez, 539 W. Osceola St, Clermont and Hope Lamb, 561 Mar Nan Mar, Clermont, were sworn in. Mr. Perez asked what the definition of a boardinghouse is. Ms. Lamb explained she has restored the house with antiques to its 1920's style and that she wished to rent three of the bedrooms to people who would enjoy the ambiance on a short term basis. The legal definition is a boardinghouse so that is how the request is worded. Charles Forth asked if there were any other questions from the public and then opened questions to the Commission. Bill Rauch asked if there would be food served. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION December 5, 2000 Page - 3 - Ms. Lamb replied that the house would be for lodging purposes only, but that there would be a microwave oven and refrigerator available if the residents wished to use them. However she assured the Commission that there would be no food preparation by her or any employees. Mr. Crossley asked how many bedrooms were in the house. Ms. Lamb replied that there were three, but that she would probably rent only two at a time. Mr. Tegen asked if the rentals were going to be for long or short terms. Ms. Lamb said they would be rented on a short term basis. Bill Rauch made a motion to approve the Conditional Use Permit. Frank Caputo seconded the motion. The vote was unanimous in favor of approval. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Jim Modica for Modica & Associates OWNER: Jim Modica, Modica & Associates REQUEST: To allow the expansion of an existing office building by 1000 sf. in the R-3- A, ResidentiaVProfessional district. GENERAL LOCATION: Northeast corner of Bowman St. and Almond St. south of Sunnyside Plaza. EXISTING LAND USE: Office building for Modica & Associates. Property to the north is commercial, to the east and south is residential, and property to the west is a professional office. FUTURE LAND USE DISTRICT: Non-Established District-5 (NED-5). FUTURE LAND USE CLASSIFICATION: Residential/Professional ZONING DISTRICT: R-3-A, Residential/Professional. A professional office is a conditional use in R-3-A zoning district. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION December 5, 2000 Page - 4 - Barry Brown, Planning Director, introduced this CUP stating that the proposed use is consistent with the criteria of the land use and zoning designations, and is appropriate for the area. Charles Forth called for any questions or comments from the public. There were none so he called for questions or comments from the Commission. There was no discussion. Richard Tegen made a motion to approve the CUP. John Atwater seconded the motion which was approved by a unanimous vofe. 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Group 20 Associates OWNER: Rolling Hills Ford/Jay Rosario REQUEST: To renovate and expand existing showroom, sales offices, and service department; construct new body shop, car wash, oil and tube facility, and PDI stalls; and request variances for signage. LOCATION: Rolling Hills Ford. SIZE OF PARCEL: 13.53 acres EXISTING LAND USE: Automobile Sales FUTURE LAND USE DISTRICT: Undeveloped District - 2 (UD-2). FUTURE LAND USE CLASSIFICATION: Commercial. ZONING DISTRICT: C-2 Commercial Barry Brown, Director of Planning, stated that Rolling Hills Ford is expanding their operations. They are planning to renovate and enlarge the existing showroom, sales offices, and service department as well as construct a new body shop, car wash, oil and tube facility, and PDI stalls. He said that the proposed renovations and additions are consistent with the operation of an automobile dealership. The property has the proper land use and zoning designations for the proposed uses and he recommended approval of the conditional use permit. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION December 5, 2000 Page - 5 - Mr. Brown made particular mention of two items in Section 3 - #1 The following addition : "If the right-of-way is not needed for the construction of Hook Street, it will be returned to Rolling Hills Ford". #2 The addition of the following: "When the vacant lot (Phase 5) is developed, unobstructed driveway access shall be provided between the frontage road and the main entrance to the dealership". Item #2 in Section 5 the following is added: Connection to the City sewer system shall be made at the time of Hook St. construction or when a sewer line is available along the Hook St. frontage, whichever occurs first. Jay Rosario, 17318 Summerset Court, Clermont, FL was sworn in and said he would be happy to answer any questions. Charles Forth asked if there were any questions or comments from the public. There were none so he opened questions to the Commission. Bill Rauch asked if the dealership was going to furnish recovery for the car wash? Mr. Rosario indicated that they would indeed furnish recovery for the car wash as well as oil separation. Frank Caputo asked if the dealership was currently on the city water and sewer system. Mr. Rosario replied they were on city water but not sewer. Charles Forth asked for clarification on item #2 under Transportation Improvements. He asked if staff recommends encouraging entry and exit at the light on S.R. 50 at Grand Highway via the frontage road, and not at the old driveway entrance. Barry Brown replied in the affirmative and added that there will be additional access from Hook St. once that is constructed and that there would be cross access on this property. Charles Forth asked if when the frontage road and Hook Street entrances are ready shouldn't the present driveway be right in right out only for safety sake. Barry Brown explained that in the future there will be an additional signal at Citrus Tower Blvd and one at Oakley Seaver Dr. which will allow more opportunity for people to enter and exit off of State Road 50. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION December 5, 2000 Page - 6 - Charles Forth pointed out that if the median cut across from the Rolling Hills entrance were closed then traffic would have to go to the one east of the dealership to turn around. Bill Rauch asked if it was up to the City or DOT as to where a median cut is. Barry Brown explained that it was entirely up to DOT. John Atwater asked if the Frontage Road would come out in front or to the rear of the Eckerd's Drug Store being constructed at S.R. 50 and Grand Highway. Barry Brown said the road would be behind Eckerd's to the south and exit on to Grand Highway. Frank Caputo made a motion to approve the CUP. The motion was seconded by Bill Rauch and approved by a unanimous vote. 5. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Robert Ahrens, Lennar Homes, Inc. OWNER: Robert Ahrens, Lennar Homes, Inc. LOCATION: Legends Golf Course Community REQUEST: To amend the Legends PUD to allow for three variances to the code: 1) To allow for two 3/a inch asphalt lifts (1 ~/2 ") in lieu of the 2 inches of asphalt required by code; 2) To allow for Miami curb and gutter in areas where longitudinal road grade is 5% or less, and curb and gutter where grade exceeds 5%; and 3) to allow for the water tower sign for the Legends Golf Course. EXISTING LAND USE: Gated subdivision with golf course. FUTURE LAND USE DISTRICT: undeveloped District - 7 (UD-7) EXISTING ZONING: PUD FUTURE LAND USE CLASSIFICATION: Mixed Use Classification 1. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION December 5, 2000 Page - 7 - Barry Brown, Planning Director, stated that staff has consistently denied the applicants request for 1 ~/~ inches of asphalt and the use of Miami curb. Variances to these codes have not been granted in the past. Staff finds no hardship and no compelling reason to support these requests. Staff does support approval of the water tower icon sign for the Legends Golf Course. Therefore, staff recommends approval of the amended conditional use permit including all conditions of Resolution No. 982 and the variance to allow for the water tower sign. City Attorney, Robert Guthrie advised the Commission to look at the Land Use Regulations and see if this will impact the overall PUD. Charles Forth asked if there was anyone present who wished to address this matter. Duane Booth, of Farner Barley & Associates, 350 N. Sinclair, Tavares, FL was sworn. Mr. Booth informed the Commission that code requires 2" of asphalt would result in higher costs to the homeowners. He said that the Miami curb can convey storm water and looks better when the curb cut is made than does the curb and gutter. It is also more economical. Charles Forth then opened up questioning to the Commission. Frank Caputo stated that one of the advantages of a curb and gutter is that it keeps people off your lawn and keeps them from breaking your sprinkler heads. John Atwater asked Mr. Booth if it would be a problem to do two one- inch asphalt lifts or layers. Mr. Booth replied that it would not be a problem, but that it does not increase the structural rating of the roadway as much as you might think. Frank Caputo asked Barry Brown what the City Engineer thinks about this situation. Mr. Brown replied that the City Engineer suggests staying with the 2" per City Code. Frank Caputo made a motion fo deny item #1 to allow 1 % inches of asphalt and to deny item #2 which would allow Miami curbs, but to approve the water tower sign for the Legends Golf Course. John Atwater seconded the motion and the vote was unanimous. 6. REZONING APPLICANT: Mercator Properties OWNER: Mr. John Adams • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION December 5, 2000 Page - 8 - GENERAL LOCATION: Northeast corner of US 27 and Citrus Tower Blvd. SIZE OF PARCEL: 15+/- acres. REQUEST: To rezone the property from R-1 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-1, Residential. Barry Brown, Planning Director, introduced this rezoning by stating that the request is consistent with the Future Land Use Map. UD-5 land use district allows for general commercial at this location and the land use classification is commercial. Staff supports the rezoning, however, requests that the Planning & Zoning Commission postpone the rezoning until either the right-of-way the County needs for planned improvements to the intersection of Citrus Tower Blvd, and Grand Highway is dedicated, or until a development agreement can be executed that would address the timing and nature of the dedication of the right-of-way. Charles Forth asked if anyone would like to address this rezoning. Bob Shakar, 230 Mohawk Road, Clermont, FL was sworn. Mr. Shakar stated that he received the staff recommendation and has spoken to Lake County officials and to the applicant who is in favor of dedicating the right-of-way. The owner has to wait until Lake County tells him how much they need to be dedicated. Mr. Shakar submitted a copy of a letter from Jim Stivender Jr. Director of Public Works for Lake County which will become part of these minutes. The letter states that there is an agreement between the owner and Lake County that the owner will indeed grant the right-of-way needed. Charles Forth asked if there was anyone in the audience who would like to address this issue. There was no one so Mr. Forth opened questions to the Commission. Bill Rauch asked Barry Brown if this letter was enough in order to move forward with this rezoning. Mr. Brown replied that it was. Frank Caputo stated that he was uncomfortable with only a verbal agreement. • • CI TY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION December 5, 2000 Page - 9 - City Attorney, Robert Guthrie stated that the letter helps for consideration of the matter by the Planning & Zoning Commission. However, when the rezoning goes to the City Council there should be something more substantial. Bob Shakar pointed out that for the entire project to go forward they will eventually need a PUD/CUP and will have had to address the right-of-way issue in order to get those. Bill Rauch moved that this rezoning be approved subject to the conditions in the letter being fulfilled. Richard Tegen seconded the motion, which was approved by a unanimous vote. 7. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Brian Henry Harper OWNER: Margie Robbins LOCATION: Southeast corner of S.R. 50 and Fourth St. in the Robbins Realty building. REQUEST: To allow the operation of a tattooing business in C-1, Light Commercial zoning district. EXISTING LAND USE: Professional office; Robbins Realty building. Property to the north included the New Jacob's Chapel, asingle-family residence, and vacant property. To the east and south is residential and to the west is commercial, Aaron's lawnmower repair. FUTURE LAND USE DISTRICT: Non-Established District -3 (NED-3) FUTURE LAND USE CLASSIFICATION: Residential/Professional. EXISTING ZONING: C-1, Light Commercial District. A tattooing business is a conditional use. Barry Brown, Planning Director, introduced this CUP by saying that the subject property is in an area of the City that is identified in the Comprehensive Plan as being in need of revitalization. This area has been characterized by affordable housing (some substandard), small businesses and a history of crime and drugs. However, in the last couple of years, neighborhood residents, business owners, and the City have worked together to revitalize the area. Abandoned structures have been razed, policing has been increased, and new businesses have been opened. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION December 5, 2000 Page - 10 - The area has been transitioning from primarily residential uses to professional office uses as directed by the comprehensive plan. Evidence of this transition includes the subject property itself, Robbins Realty, which was converted from a duplex to an office use. Other new businesses in the area include the Pet Shack and Tony DiNatalie's plumbing offices. In addition, the City is constructing a new fire station to the west of the subject property and Dr. Gonzales has been approved to construct a medical and professional office complex to the east. The comprehensive plan states that redevelopment activities should include elimination of uses inconsistent with the community's character and proposed future land uses. While the land use district and land use classification allow for professional office and personal service uses, the two categories that most closely describe a tattooing business, staff does not believe that a tattooing business is the type of use that is conducive to the continuing redevelopment of the area. And it is not in keeping with the nature of the neighborhood that includes the New Jacobs Chapel diagonally across S.R.50. Please see enclosed letter from the church. In addition, parking may not be adequate to serve the real estate office and the tattooing business. Currently there are six parking spaces on site, four paved and two mulched spaces. Staff recommends denial of the requested conditional use permit, however, if the request is approved by the Planning & Zoning Commission, staff recommends that in addition to standard conditions, no neon signage, and additional parking. Charles Forth asked if there was anyone present who would like to speak in favor or against this CUP. Brian Henry Harper, the applicant, 840 S. Grand Highway, Clermont, was sworn and stated that tattooing is an art form and more refined than in the old days. He pointed out that many people from many walks of life get tattoos and that his studio would have a positive influence on the community. He added that he will be the only operator and that he can only do one tattoo at a time so that parking should not be a problem. Margie Robbins, 1117 Fourth Street, Clermont, FL was sworn. She is the owner of the property in question and stated that she is not a high volume realtor and does not have a lot of traffic at the site. There has been an attorney sharing the property until recently and there was never a parking problem. She stated she owns a lot adjacent to the property that could possible be used for additional parking should that become necessary. She further stated that if the applicant did well the first year he would then rent the entire building for his business. • i CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION December 5, 2000 Page - 11 - Bill Rauch asked if there would be any other activity at the location besides tattooing, such as body piercing. Mr. Harper replied that his business would be strictly decorative tattooing. Ms. Robbins added that she has discussed hours of operation with the applicant and there will be no late night hours or neon signs allowed. Richard Tegen asked the applicant how he feels his business would generate revenue for the area. Mr. Harper replied that he is well knovilfor his talent and people who come from other areas will use local motels, restaurants etc. He added that when you do good work you get repeat business. Bill Rauch pointed out that the people from Jacobs Chapel are strongly opposed to this use of the property across the street from them, as indicated in a letter from them which is included in these minutes. Mr. Harper stated that he would only allow people age 18 and over to use his services, and that there would be no smoking, drinking, or drugs. He also stated that he probably should have spoken to the church members in order to relieve them of any fears they might have. Dave Lange stated that if indeed Mr. Harper's talent was so much in demand his following would find him and that he could locate his business somewhere else. He further stated that the use doesn't seem to be consistent with the other uses in the area. Frank Caputo asked Barry Brown if Staffs recommendation would change if the people at Jacobs Chapel had no objections to the presence of a tattooing business across the street. Barry Brown replied that it would not. The church is only one of several factors. Bill Rauch suggested that Mr. Harper go to Orlando and see what is around several of the tattooing businesses there, and then he might understand why people are not in favor of having them in their neighborhoods. Mr. Harper replied that he understands that, but that he is trying to make a positive impact. He pointed out that the area of Chestnut Street from Fourth Street back is a ghetto and that his business would not impact the area in a detrimental way. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION December 5, 2000 Page - 12 - Frank Caputo made a motion to deny this CUP. The motion was seconded by John Atwater. The vote to deny the CUP was unanimous. There being no further business the meeting was adjourned. i Charles Forth, Chair ATTEST: ~/' ' ~ ~" ~r ~~ C. McAllis r -Planning Technician II ,, • l~, ~,a: ~~i~ ia: ~a ra.i oazG~NYU DEFARTMENT OF PUBLIC WORKS ~ a eox Taos 123 North Slnclafr Avenue TAYARES FLORIDA 32778 7$00 LAKE Cii PUBLIC ta° "y ~~91._ r a0~ ~ Grand Highway/Citrus Tower/ US 27 • ReceptioniaUl nfonnat+on FAX (352) 253-4920 SUNCOM 659-t 900 ~+reaor's once Engineering dlvlsion Map Sales R+ght~-Way Raad Operations D+vi5lon Special Services Division Adrnini5trdtbrl Mosquito/Aquatic Plant Mgt. Stormvrater Management This letter is to confirm a verbal agreement pertairYing to the above intersection project, between Lake County and Bob Shaker, representing John P. and Ann Adams Family Limited Partnership. 1t is the County's understanding that upon completion of survey and design for certain improvements as agreed, the property owner will grant right of way needed to accomplish project. Please contact Fred Schneider, Engineering Director or Patti Harker, Right of Way Manager, at (3a2) 253-4975, if you need any~additional information. Signed, this 5~' day of December, 2000. Senior hector blic Works ~n1 (352)253.4900 (352) 253905 (352) 253944 (352)253-4970 (352) 253-4943 (352) 253-4990 (352) 253~t9p7 (352) 253905 (352)343-9682 (352)Z53-490Q F:IUSERStDENISEIPROJEC7SLGrsndhMyCiWSTowaAShakar.doc DISTRICT ONE 0~5'fRICY 7WQ DISTRICT THREE ~ DISTRICT FOUR DISTRICT FIVE JENNIFER HILL ROBERTA POOL oEBeIE sTIV1=NpEa i CATHERINE C. HANSON WEt.TdN ~ ~40WELL