11-08-2000 Regular Meeting
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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,
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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.
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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.
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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.
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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.
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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.
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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:
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C. McAllistey'- Planning Technician II