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11-08-2000 Regular Meeting • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 The meeting of the Planning & Zoning Commission was called to order Wednesday, November 8, 2000 at 6:00 P.M., by Chairman Elaine Renick. Members present were Bill Rauch, John Atwater, Frank Caputo, Richard Tegen, and Charles Forth.. 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 October 3, 2000 were approved as presented. 1. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Alan Pool, On The Corner Seafood Grill OWNER: Alan and Katherine Pool REQUEST: To allow the expansion of an existing restaurant. LOCATION: On The Corner Seafood Grill is located at the corner of Eighth and Montrose Streets in downtown Clermont. EXISTING LAND USE: Restaurant. All surrounding property is in commercial use. FUTURE LAND USE: Established Business District-1 (EBD-1 ). FUTURE LAND USE CLASSIFICATION: Central Business District. EXISTING ZONING: CBD, Central Business District. A restaurant requires a CUP in the CBD zoning district. Barry Brown, Planning Director, introduced the request by saying that the applicant is proposing to expand the kitchen facilities of his restaurant by enclosing an area 512 square feet in size, a portion of which is an existing wooden deck. The current use and proposed expansion is consistent with the criteria of the land use and zoning designations, therefore, staff recommends approval. Katherine Pool, co-owner of On The Corner Seafood Grill, 801 West Montrose St. was sworn in and offered to answer any questions the Commission might have. The Commission had no questions. A motion was made by Frank Caputo to approve the request for the Conditional Use Permit. The motion was seconded by John Atwater and unanimously approved. • s CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page-2- 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Scott T. Boyd, K & B Associates V OWNER: Thomas W. Vincent, Halvorsen Development Corporation REQUEST: To allow for the construction of a convenience store and gas station. LOCATION: The northeast corner of US 27 and Hartwood Marsh Road. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: UD-7 FUTURE LAND USE CLASSIFICATION: Mixed Use Classification I ZONING: C-2 General Commercial Barry Brown, Planning Director introduced this request by saying that the proposed use meets the criteria of the land use designations and the zoning district. The use is appropriately located at the signaled intersection of an arterial roadway (US27) and a roadway functioning as a minor collector (Hartwood Marsh Rd.) Mr. Brown recommended approval of the convenience store/gas station. Mr. Brown also mentioned that if this CUP is approved the applicant would be applying for an addition Conditional Use Permit to amend the Publix CUP to allow an additional driveway from the access road into the 7-Eleven site. Jim Seay, 200 S. Orange Avenue, Orlando, FI was sworn in. Mr. Seay is the attorney for the applicant. Mr. Seay stated that he does not believe this use of the property will be detrimental to the residents of Kings Ridge. He pointed out that there are other uses permitted on this site that would be much less desirable to the residents and that do not need a CUP. Scott Boyd, 7575 Dr. Phillips Blvd., Orlando, FL was sworn in. Mr. Boyd is the commercial developer for the 7-Eleven. He stated that the concerns of the residents of Kings Ridge are important to his company and have been taken into consideration. Mr. Boyd gave a synopsis of what is presently planned for the intersection of US 27 and Hartwood Marsh Road. He pointed out that his building would be approximately 3,000 square feet and would be a very small area compared to the whole picture. He said that the build has been designed to fit into the neighborhood and that signage had been limited. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page - 3 - Mr. Boyd addressed two areas of concern that had been raised at a recent meeting with the residents of Kings Ridge. First, was the subject of security. Mr. Boyd stated that it has been addressed by the 7- Eleven people since 1976 when they instituted a Crime Deterrence Program which includes time access safes, having no signs on windows that obstruct vision of the cash registers which have been moved to a position at the front of the store, increased lighting, video cameras and a police community network program. The other issue was the fact that 7-Eleven stores stay open for 24 hours a day. He declared that if they would not be permitted to be open 24 hours a day there would be no 7-Eleven at that site. Mr. Boyd further stated that 7-Eleven would adhere to the delivery schedule that the Publix agreed to. He brought up the subject of lighting and assured the Commission that 7-Eleven was willing to cooperate by lowering the light poles and providing shields where necessary. Elaine Renick asked Mr. Boyd if he was aware that when the property use was changed from C-1 to C-2 one of the conditions was that there would not be 24 hour business. Mr. Boyd replied that he was not aware of that. Elaine Renick then asked Barry Brown if that was not a condition of making the zoning change. She pointed out that Frank Caputo made that part of his motion when the subject was before the Planning & Zoning Commission. Barry Brown replied that the City Council did not adopt that as one of their conditions. What they did do was to prohibit deliveries between 12:00 a.m. and 5:00 a.m. and discourage deliveries between 11:00 p.m. and 7:00 a.m. but they did not limit the hours of operation for the Publix or for the out-parcels. Elaine Renick asked Mr. Boyd if his whole project was dependant upon having a 24 hour operation and he replied that it was. Elaine Renick then opened the floor to the public. E.J. Kearney, 4212 Chamberlain Way, Clermont, FL was sworn in. He stated that the residents of Kings Ridge have been betrayed by Halverson who promised them that there would be no 24 hour business at the northeast corner of US 27 and Hartwood Marsh Road. He stated that the residents of Kings Ridge are retired people who have spent their lives living with convenience stores and all the crime and trouble that comes with them. He stated they came to Kings Ridge for peace and quiet and protection and they do not want a convenience store near their community. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page - 4 - Hal Horowitz, 4216 Chamberlain Way, Clermont, FL was sworn in. Mr. Horowitz requested a copy of the internal memo from 7-Eleven that Mr. Boyd quoted from in regard to crime prevention programs. He said that Mr. Boyd said it was a private document and he could not supply copies for the public. Mr. Horowitz then suggested that if it was not public, then all reference to the document should be taken out of the record. He further stated that the traffic was bad now and would become even worse if a 7-Eleven were to open. Jack Crandall, 2113 Braxton Street, Clermont, FL was sworn in. Mr. Crandall stated that he did a survey on some of the gas stations in the area. He asked that the results of his survey be made part of the record. He expressed the opinion that there was no need for any additional gas station/convenience stores in the area and certainly not at the site proposed for this one. Les Booker, 3945 Eversholt Street, Clermont, FL was sworn in. Mr. Booker expressed the opinion that convenience stores are loud and foster unsafe conditions. He also thinks that the publix and the out parcels should all be treated as one parcel of land. Chuck Graves, 4218 Chamberlain Way, Clermont, FL. was sworn in. Mr. Graves read a prepared statement which he requested be made part of these minutes. He also submitted copies of notes from a meeting held between Kings Ridge residents and representatives of the Halversen Corporation on March 13, 2000 and notes from a meeting of Kings Ridge residents held on March 16, 2000. Both sets of notes were made part of these minutes at Mr. Graves' request. Gail Ash, 3912 Payton Court, Clermont, FL. was sworn in. Ms. Ash stated that they were told that no gas station or fast food restaurants would be allowed on this parcel of land. She further stated that Halversen and Lennar have lied to the residents of Kings Ridge. Jim Purvis, 4206 Hammersmith Drive, Clermont, FL. was sworn in. Mr. Purvis agreed that the residents of Kings Ridge have been duped. He stated that the reason 7-Eleven has spent so much money and effort in crime prevention is because it had to. He accused the board of spot zoning. Attorney George Hovis represents the residents of Kings Ridge. He stated he was hired to stop the Publix and that it could have been done. However, the residents tried to do what was right. He said that the residents weren't against Publix itself, they were afraid of what would come next. Promises were made to the residents and they felt comfortable enough to allow the change in land use that allowed the Publix and the out parcels. He said that now what the residents were afraid of has come to pass. Mr. Hovis asked that the Planning & Zoning Commission send a unanimous vote to the • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page-5- City Council rejecting the requested CUP fora 7-Eleven. Elaine Renick then closed the public hearing and asked for questions from the Commission. She asked Mr. Boyd if he had any further comments before the Commission began its discussion. Mr. Boyd stated they had asked the Halversen Corp if there was any limitation on the hours of operation. He said he was told unequivocally by Halversen that there were no such limitations. Mr. Boyd further stated that had they know there was a limit of hours of operation we would not have been here. He also wanted to clear up the fact that there were no curb cuts planned for either US 27 or Hartwood Marsh Road. The additional access would be from the internal roadway. Elaine Renick then asked for questions from the Commission members. She asked if she was the only one who recalled that the restrictions placed on Publix also applied to the out parcels. Richard Tegen stated that out parcels are separate and can apply for individual CUP's. Robert Guthrie, City Attorney, stated that indeed each out parcel has the right to come before the Commission to ask for a CUP. Charles Forth stated that when the swap of zoning occurred there was concern about traffic on Hartwood Marsh Road and how the traffic was going to enter and exit the property. His recollection was that there would be a Publix and four out parcels. He said It was discussed at that meeting that each of those parcels would have to come back to us, (the Commission) and if there was a conditional use to be addressed we would have to address it at that point, because you don't know what use is going in which particular parcel. Elaine Renick said she understood that but did not think they were going to have to discuss the 24 hours issue each time. Frank Caputo said that he realized that they were discussing Publix only when they discussed the 24 hour issue and that each out parcel was a separate issue. He asked Barry Brown if a gas station could go on an out parcel without coming before the Planning & Zoning Commission. Barry Brown replied that the only reason 7-Eleven is before the Commission is because the convenience store is a conditional use in C-2 zoning. However, a gas station is a permitted use and would not have to come before the Commission. ~ s CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page - 6 - Elaine Renick stated that all the additional security measures taken by 7-Eleven are in place because they need it. She further stated that she opposes 24 hours of operation anywhere in Clermont. Charles forth expressed concern about the two left turns going into the site of the Publix. He stated he previously raised the issue of "stacking". He further stated that County and City would be involved in the traffic issues. His concern is that traffic is being constricted in that area. He expressed the opinion that it is the responsibility of the Commission to make traveling through the area safe. Barry Brown replied that the intent was that the internal driveway would access Publix and the out parcels and that the number of driveways into the out parcels has been limited due to safety concerns and traffic flow. In the CUP it states that if at any time the intersection of US 27 and Hartwood Marsh Road needs to be reworked we will be able to do that. Elaine Renick asked Barry Brown that since Mr. Boyd stated that if they couldn't have a 24 hour store they wouldn't be interested in this site, could the Commission just vote on that issue and then they possibly wouldn't have to discuss other issues concerning the site. Barry Brown stated that the Commission may want to decide if they recommend approval or not, and if they decide to recommend approval they may want to place some additional conditions. If they recommend denial, they need to be mindful that their recommendation may not be followed by the Council. Elaine Renick expressed concern that if they sent this CUP to Council with recommendations it would appear that the Commission was saying they could live with a 7-Eleven on this site. Richard Tegen questioned the fact that Staff stated that US 27 & Hartwood Marsh Rd was a signaled intersection. It is not a signaled intersection. Barry Brown replied that it will be signaled when warranted by FDOT. Bill Rauch made a motion to deny approval of this CUP because it is inconsistent with what is needed at this intersection. Richard Tegen seconded the motion. The CUP was unanimously denied. Frank Caputo asked that the following be added to the motion, that we are denying this CUP on the basis of the 24 hour operation and the additional access they are requesting for the drivewaL. C1TY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page - 7 - The change in the wording of the motion was unanimously approved. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Robert D. Thompson for David L. Allyn, M.D. OWNER: Clermont Professional Center, Inc. REQUEST: To allow the construction of a medical office/clinic and ambulatory surgical center to include doctors offices and other professional offices. GENERAL LOCATION: Parcel lying on the south side of Citrus Tower Blvd. approximately 750 feet east of Highway 27 and east of the Citrus Tower. EXISTING LAND USE: Vacant. Surrounding land uses include vacant property to the north and south, a Christian school to the east, and the Citrus Tower complex to the west. FUTURE LAND USE DISTRICT: The Future Land Use District designation forthe site and adjacent property is UD-5 which permits development of professional offices. FUTURE LAND USE CLASSIFICATION: The land use classification is commercial which allows for professional offices. ZONING DISTRICT: C-2 General Commercial Business District. Surrounding zoning is R-1 to the north and C-2 to the east, south and west. Barry Brown, Planning Director introduced this CUP stating that the property has the proper land use and zoning designations for the proposed use and is an appropriate use at the location. He recommended approval with special attention to the following conditions: 4. The permittee shall dedicate right-of-way along the length of the subject property as to create 40 feet of right-of-way from the centerline of the right-of-way of Citrus Tower Boulevard and Grand Highway. 6. The permittee shall reconstruct the section of Citrus Tower Blvd. from just east of the driveway on Citrus Tower Blvd. west to a point where the road tapers back to two lanes. The section of roadway to be constructed is a four lane section including east and west bound travel lanes, turn lane and eastbound right decel into the site as agreed upon by Lake County, the City of Clermont, and the permittee/developer and as shown on the conceptual site plan. CITY OF CLERMONT s MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page - 8 - 7. A northbound left turn lane from Grand Highway into the subject property shall be constructed. Bob Thompson, 1958 Brantley Circle, Clermont, FL. was sworn in. Mr. Thompson stated he would answer any questions from the Commission. Elaine Renick stated she thought there was a CUP already given for this project. Mr. Thompson said that there had been some property added and that this was actually an amendment to a previous CUP. John Atwater asked Barry Brown if there was a 80 foot right-of- way. Barry Brown replied that there is a curve from Grand Highway to Citrus Tower Blvd. and plans are to straighten it and make the intersection a T intersection. Frank Caputo asked Barry to clarify condition 4. Mr. Brown stated that there will be 40 feet from the centerline of the existing right-of-way. It is written in a specific manner so there is not confusion. Charles Forth asked Mr. Brown if he thought that traffic was never going to increase along that corridor. Mr. Brown said that eventually people would be able to travel east on Old Highway 50 to Hancock Road and that would take some traffic off of Citrus Tower Blvd. Charles Forth asked what the use of the property to the south of the Citrus Tower was and he was told it was C-2. John Atwater made a motion to approve this CUP as written. Charles Forth seconded the motion and it was unanimously approved. 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Robert D. Thompson, Safe-T-Storage, Inc. OWNER: Rick Bosserman REQUEST: To amend an existing CUP to allow for the expansion of Safe-T-Storage, an existing public storage facility. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page - 8 - LOCATION: Safe-T-Storage is located on the west side of US 27 south of the Cumberland Farms on Hook St. EXISTING LAND USE: Vacant. Surrounding land uses include commercial to the north and east, vacant property to the south, and residential to the west. FUTURE LAND USE DISTRICT: The Future Land Use District designation forthe site and adjacent property is UD-2. FUTURE LAND USE CLASSIFICATION: The land use classification is commercial. ZONING DISTRICT: C-2 General Commercial Business District. Zoning to the north, east, and south is C-2 and R-1 to the west. Barry Brown, Director of Planning, stated that the property has the proper land use and zoning designations for the proposed use and is an expansion of a previously approved use. He suggested that it be approved with the condition that oak trees be placed between palm trees on an existing portion of the facility and that the same treatment be continued on the new property. Bill Rauch asked Mr. Thompson if he was going to leave some trees in place that act as a buffer between his project and a residential area to the west. Mr. Thompson replied that the trees would stay, that there would not be any offensive lighting and that they close at 8:00 p.m. John Atwater asked Mr. Thompson if he was serious about closing at 8:00 pm. Mr. Thompson replied that he believed that is when they closed the gate and the only way to get in would be to contact the manager who lives on the property. He further stated that this has only happened once maybe twice in all their years of operating such a facility. Frank Caputo ask what the height of the proposed building would be. Mr. Thompson replied that he did not know for sure how high it would be, but that it would be well within what is allowed by code. Charles Forth asked about the retention pond on the property and parking area. s • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page - 9 - Mr. Thompson said that there is no need for parking, but that there would be an off loading site near the Highway 27 entrance to the property. He also said the retention pond was not going to be made deeper but that they would increase the volume by adding a retention wall. Charles Forth asked if there was going to be any curbing between that property and that wetland that would keep run off from running into the wetland? Arthur Nix, engineer said there would be no encroachment into the wetland or the 100 years flood plain. Frank Caputo stated he has a problem with atwo-story structure. He said he thought that the residents would have only the second story to look at and that the view would not be nice. Mr. Thompson stated that the land where the two-story structure is going is much lower than where the previous building was erected and will not have any impact on the residents. Charles Forth made a motion to approve the CUP with the condition that the hours of operation be between 6:00 a.m. and 8:00 p.m. and that the northwest side and the southwest side be buffered by landscaping. The motion was seconded by Richard Tegen The vote was 4 to 1 for approval wifh Frank Caputo opposed. 5. REZONING APPLICANT: Jimmy D. Crawford of Hovis, Boyette, and Crawford, P.A. OWNER: Skytop, Inc. LOCATION: North side of SR 50 between Citrus Tower Blvd. and Hancock Rd. More specifically, between the antenna tower and the Clermont water tower. SIZE OF PARCEL: 5.9+/- acres. REQUEST: To rezone the property from R-R Rural-Residential to C-2 General Commercial. EXISTING LAND USE: Vacant. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page -10 - FUTURE LAND USE DESIGNATION: Lake County's Urban land use designation. EXISTING ZONING: R-R, Rural-Residential. Barry Brown, Planning Director stated that the property was annexed into the City on October 27, 1998 by Ordinance No. 369-M, however, a comprehensive plan amendment that would assign it a City land use designation has not been processed. Therefore, the property continues to have the County's Urban land use designation. The requested zoning is an allowable zoning in the Urban land use designation and is an appropriate zoning given the proposed use for this property. The rezoning is to be executed in conjunction with the developer's agreement. Approval is recommended of the requested rezoning, subject to the execution of a developer's agreement. Jimmy Crawford of Hovis, Boyette, & Crawford, told the Commission that they are not zoning up but are merely changing from a County designation to a City designation. He gave an overall description of the project and its proposed uses to the Commission. Bob Wade, 1363 W Lakeshore Dr, Clermont, FL was sworn in. He stated that the proposed hotel would be a suite type hotel. He said that instead of having 1 or 2 people in each of 112 rooms, these rooms could accommodate 4 people per room. He said that athletes would share rooms to save on expenses, but would still impact traffic in the area. He said there will be more traffic and more congestion in the area. Mr. Wade said that the proposed restaurant would probably be a 24 hour restaurant and therefore the traffic would be continuous.. He also mentioned that he could not see how the facility would be able to meet the impervious surface code especially with off site water retention. Elaine Renick mentioned that when Holiday Inn Express was before the Commission it was her fear that the traffic on Hook Street would be horrendous. She stated that it has not turned out that way and asked Mr. Wade how many room were in the Holiday Inn. Mr. Wade replied that there were 70 rooms in the Holiday Inn. He also pointed out the proposed frontage road had not been dedicated yet. Barry Brown suggested introducing the CUP for this property since it is hard to separate both items when they both apply to the same piece of property. 5. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Jimmy D. Crawford of Hovis, Boyette & Crawford, P.A. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page -11 - OWNER: Skytop, Inc. REQUEST: To allow for the construction of a hotel, conference center, and restaurant. Barry Brown, Planning Director introduced this CUP by saying that the proposed uses are consistent with the land use designation, and with the requested rezoning it will have the proper zoning. We think it is an appropriate location for this use. He then addressed some of the conditions in the CUP that will cover some of the concerns that have been mentioned. Under Section 2, Land Use, the restaurant will not have a drive through, it will be a sit down restaurant. Under Section 4, Transportation Improvements, the property owner will be responsible for constructing this north south roadway that goes from Highway 50 up to the future frontage road. The frontage road will go all the way from Citrus Tower Blvd in the west to N. Hancock Road in the east. Condition number 6 states that the permittee shall dedicate 80 feet of right-of-way and construct the reverse frontage road the length of the subject property. The last sentence of this section says that the frontage road must be constructed from the subject property to Citrus Tower Blvd. prior to the issuance of a certificate of occupancy for the hotel. Barry Brown also explained that there will be a variance to request off site water retention. There is a large area between the Hospital and the College to which storm water would be piped from the Hotel. The other variance request would be to allow a height of 72 feet for the hotel. Elaine Renick asked if anyone but the Catholic Church has been granted a variance for height. The Hospital and Villages at East Lake were cited by Staff. Jimmy Crawford mentioned that the height requirement and the off site retention were items that were not before the Commission and would be presented to the City Council at a later date. Shannon Elswick, 12903 Magnolia Pointe Blvd. was sworn in. Mr. Shannon represents the South Lake Memorial Hospital. Mr. Elswick stated that he and all other parties involved have discussed how they must all cooperate to make the frontage road happen. He mentioned that most of the traffic generated by the hotel would be "golf cart" traffic traveling between the hotel and the training center. Most athletes coming in will likely be using mass transit to get to the hotel site and would be walking to the training center from the hotel. ~ s CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page -12 - It is the intention of the Hospital to work with the Carters and any others to make this frontage road work. Elaine Renick asked if the hotel was being built in conjunction with the Hospital and the training center only for the athletes or if it was going to be open to the public. Mr. Elswick replied that it is adjacent to their property and will be used by athletes from the training center but is definitely open to the public. Bob Shaker, 230 Mohawk Road, Clermont, FL. was sworn in. Mr. Shaker expressed the opinion that off-site storm water is a good solution to grading problems. He also stated that this is a good place for a building of additional height especially since it would be located between two towers. Jerry Burgess, 4206 Hammersmith Drive, Clermont, FL. was sworn in. He felt that there should be no precedent set by allowing off site water retention. Elaine Renick explained that the St. Johns Water Authority would decide if it was appropriate to allow the off site water retention. Barry Brown reminded the Commission that this was not an issue before them at this time. Mary Brasher, 1314 S Highway 561, Clermont, FL. was sworn in. Ms. Brasher stated that she owns Tract 10 next to the subject property. She asked where the proposed frontage road would go. Barry Brown explained where the road would be located. John Atwater asked why there had to be any access to the hotel off of Highway 50. Barry Brown explained that it is not an access road it is merely a right in and right out and would also serve a planned ball field. Charles Forth pointed out that this project, which is dependant upon having right-of-way for the frontage road, does not yet have that right-of-way. He said they should have it before coming before the Commission. Elaine Renick asked if the Commission could postpone this item until the frontage road was settled. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page -13 - Shannon Elswick said that would delay things and that the developers needed to get started. Elaine Renick stated that she was not comfortable going ahead with this project when there were so many items to be worked out. Jimmy Crawford said that if there was a condition where there would be no CO issued until the road was finished that would take care of the problem. Charles Forth said that it was clear that there was not a consensus of the owners that had been worked out and therefore there was no road. Scott Gentry, a representative of the Carters stated that they are willing to work out the arrangements for the road. Charles Forth stated that part of the puzzle is missing. He said that with the condition of a CO only if the road is constructed is not good enough saying that the hotel could wind up sitting out there vacant and that was not going to be good for anybody. Frank Caputo stated that the developers should not come before the Commission until everything is in order. He also thought that there should be no access from or to Highway 50, stating that traffic is bad enough on Highway 50 now. Richard Tegen asked how many rights-of-way have been dedicated for the frontage road between N. Hancock and Citrus Tower Blvd. Barry Brown answered that they have the north half of the right-of-way from the Hospital and the College. He said that it is done when people start to develop. John Atwater asked if the Commission could address the Rezoning and postpone the hotel project. Jimmy Crawford requested that the matter not be postponed but addressed by the Commission at this time. Elaine Renick asked if he would prefer a no vote to a postponement and he replied "yes". Charles Forth expressed concern that if a single room can be divided so that it can have four occupants rather than just one or two that it will cause a parking problem. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page -14 - Barry Brown assured him that it would be explored thoroughly during the review process. Frank Caputo made a motion fo deny the request for a rezoning. Bill Rauch seconded the motion. The vote was 3-2 for denial with Richard Tegen and Charles Forth voting Na y. Charles Forth made a motion to deny the CUP. The motion was seconded by Frank Caputo and the vote was unanimous. 7. SMALL SCALE COMPREHENSIVE PLAN AMENDMENT APPLICANT: Daryl Carter OWNER: Chester C. Fosgate Company LOCATION: Northeast corner of S.R. 50 and Citrus Tower Boulevard; directly east across Citrus Tower Blvd. from the Kash 'n Karry grocery store and south of the new hospital. SIZE OF PARCEL: 10 acres of a larger 15 acre parcel REQUEST: Change the Land Use District from Undeveloped District-5 (UD-5) to Undeveloped District-2 (UD-2) and change the Land Use Classification from Residential/Professional to Commercial. EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District - 5 (UD-5). This use is not allowed in this section of the UD-5 land use district (See condition # 10 of the attached UD-5 language). FUTURE LAND USE CLASSIFICATION: Residential/Professional. Commercial uses are not allowed in this classification. EXISTING ZONING: Rural-Residential now known as Urban Estate. Commercial uses are not permitted in R-R (UE) zoning. Barry Brown, Planning Director introduced the Small Scale Comprehensive Plan Amendment stating that the applicant is proposing to develop the subject property in commercial uses. The current land use district (UD-5), land use classification (residential/professional), and zoning (RR) do not all for commercial uses. Therefore, CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page -15 - the applicant needs a change in land use district and classification and a rezoning. The proposed change to commercial land use was presented to the City Council in a workshop held on October 8, 2000. It was the consensus of the Council that the requested change was appropriate at this location. Staff also supports the requested change. The subject property is at a future signaled intersection of a major arterial (S.R. 50) and a collector (Citrus Tower Boulevard); this intersection functions as a commercial node. In order to meet the requirements for a small scale amendment, staff is recommending assigning the parcel a new land use district designation of UD-2, which allows commercial uses. Property currently designated UD-2 is located diagonally across S.R. 50 and includes the Coldwell Banker Realty building. UD-2 also runs intermittently along both sides of S.R. 50 toward U.S. 27. If the land use change is approved, the applicant will request rezoning to C-2 Commercial and he will be required to plat the property as a commercial subdivision. At such time as the property is platted or rezoned, a developer's agreement will be drafted to address infrastructure provision, right-of-way dedication, and the prohibition of undesirable uses. Shannon Elswick, 12903 Magnolia Pointe Blvd., Clermont, FL was sworn in. Mr. Shannon stated that this was the piece of property he spoke about earlier and that he needs to work with the Carters on. He said that they were the only ones who had put their money on the table (referring to the frontage road) and they just got denied a rezoning and a CUP. Scott Gentry a representative of the Carters offered to answer any questions. Frank Caputo asked if this property was now designated professional. Barry Brown said that it was indeed professional and would be changed to commercial. However, land north of the hospital will be changed from residential to professional office in order to accommodate medical staff. He also pointed out that commercial use does not preclude professional use. John Atwater expressed the opinion that it was a good location for commercial uses. Elaine Renick said she had no problem with having commercial on this parcel and wanted to know the possible uses. Scott Gentry said it was so early in the approval process that there was no information about who the tenants might be. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page -16 - Charles Forth said that this parcel was a good place to put commercial use. He wanted to add however, that the developers agreement be a part of this. Mimi Ogden informed the Commission that the Developers Agreement comes with rezoning not at this time. Charles Forth made a motion to approve the Small Scale Comprehensive Plan Amendment. The motion was seconded by Frank Caputo and fhe vote was unanimous. 8. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Daryl Carter for Solo Development Corporation OWNER: Chester C. Fosgate Company REQUEST: For a Conditional Use Permit to allow the construction of a shopping center with up to 203,000 square feet of retail space and ee~ren-(~~ five 5 out parcels. GENERAL LOCATION: The property is located at the northeast corner of S.R. 50 and N. Hancock Rd. SIZE OF PARCEL: +/- 40 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 at this location. 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. A motion was made by Frank Caputo to postpone this request to a date certain of December 5, 2000. The motion was seconded by Charles Forth and the vote was unanimous. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page -17 - 9. REZONING APPLICANT: Rock Vista, Inc. OWNER: Brenda Longenbach LOCATION: Southwest corner of US 27 and Vista del Lago Blvd. SIZE OF PARCEL: 4.33+/- acres. REQUEST: To rezone the property from UE Urban Estate to C-2 Commercial. EXISTING LAND USE: Vacant. FUTURE LAND USE DESIGNATION: Lake County's Urban Expansion land use. EXISTING ZONING: UE, Urban Estate. Barry Brown, Planning Director introduced this rezoning saying that the applicant has requested annexation and rezoning of this property, and as is customary, the City is processing both applications concurrently. Since annexations are not heard by the Planning and Zoning Commission, only the rezoning is before you. The applicant is requesting a rezoning because all properties annexed into the City are designated UE Urban Estate until another zoning designation is requested. Earlier this year, Lake County government approved the development of a Walgreens drugstore and future out parcel at this location. The proposed development has also received approval from the Vista Homeowners Association pursuant to a signed agreement with the developer. The applicant has requested the City provide sanitary sewer and other services. If the City is going to provide services it should manage the development and enjoy the ad valorem revenues. Therefore staff is recommending annexation and rezoning to C-2, General Commercial. Approval of the rezoning shall be contingent upon the applicant and the City executing a developer's agreement that addresses service provision issues and commitments made to the Vistas Homeowners Association by the developer. Cecelia Bonafay, Attorney representing the applicant as well as the Vista Del Lago Homeowners Association. Ms. Bonafay reported that there is a written agreement between the developer and the residents of Vista Del Lago. The developer and homeowners worked out the agreement without the input of Ms. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page -18 - Bonafay. All the homeowners were involved in the negotiations and all parties are happy with the results. Charles Forth asked if the City reviewed the County's approved plans. Barry Brown said yes, and we requested they go through our site review process and meet the City's requirements. Elaine Renick asked if this agreement with the homeowners included a statement that this could not be a 24 hour Walgreens. Barry Brown said that was not part of the agreement with the homeowners association, but that there will be more that adequate buffering. He further stated it was not an issue with the homeowners. Ms. Bonafay stated that 24 service was an issue when a convenience store wanted to come in but that it was not a problem with a Walgreens. Gregg Zuckerman, 1600 N. Orange Avenue, Orlando, FL. was sworn in. Elaine Renick stated that she has a problem with a 24 hour operation. She stated she felt it was not appropriate for Clermont. Mr. Zuckerman explained that Walgreen's does not open a store as a 24 hour store. That only happens if there is a demand in the neighborhood for it. He further stated that out of approximately 50 stores in the area, Walgreen's only keeps 10 open 24 hours. It was pointed out that having a drug store open 24 hours a day is different than having a convenience store opened 24 hours a day. Barry Brown said that in anticipation of this discussion he had spoken to George Hovis to get a feel of how the Whitehall residents would feel about this and Mr. Hovis indicated that they did not have a problem with a Walgreen's being opened 24 hours. Jacquline Forbes, 17732 Bear Island Circle, Winter Garden, FL. was sworn. She stated she owns a lot behind the proposed Walgreen's and hasn't been informed of what kind of buffer there will be. Elaine Renick asked Ms. Forbes if a 24 hour Walgreen's bothered her and she replied that it did. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page -19 - Tom Skelton, an engineer for the project, of 207 N. Moss Road was sworn in and proceeded to explain the proposed buffering to Ms. Forbes. Elaine Renick asked why Ms Forbes had not been informed before by the homeowners owners association. Ms. Bonafay suggested that possibly Ms. Forbes was a new owner, or perhaps her notification went astray. Jerry Bergess , 4206 Hammersmith Way, Clermont, FL. was sworn in. He made the comment that there is a water shortage now and that the city does not need to annex any additional property. Barry Brown indicated that a way for the city to make sure that property is developed properly is to annex it. Charles Forth pointed out that commercial property makes much less demand on city services than does residential. John Atwater asked if the City was going to eliminate the left turn in from US 27 to the proposed Walgreen's. Barry Brown stated that there will only be a right in and right out from the Walgreen's on US 27. He further stated that there will be a directional signal at the intersection. Frank Caputo made a motion to approve the rezoning. The mofion was seconded by John Atwater and approved by 4-7 vote with Elaine Renick voting Nay. Since Elaine Renick was elected to the City Council a new Chairman was needed for the Planning & Zoning Commission. A mofion was made by Frank Caputo to make Vice Chairman Charles Forth the new Chairman of the Planning and Zoning Commission. John Atwater seconded the motion and the vote was unanimous in favor of the mofion. John Atwater nominated Richard Tegen to serve as Vice Chairman. Bill Rauch seconded the nomination and the vote was unanimous in favor of the nomination. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 8, 2000 Page -20 - Barry Brown announced that with several resignations from the Commission and Elaine Renick moving on to the City Council it will be necessary for all remaining Commissioners to attend the meetings in order to have a quorum. He then asked if everyone would be available for December 5, 2000 and everyone replied in the affirmative. There being no further business the meeting was adjourned. Charles F h, Chairman ATTEST: <? ~~' C. McAllistey'- Planning Technician II