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05-02-2000 Regular Meeting.~ • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 2, 2000 The meeting of the Planning & Zoning Commission was called to order Tuesday, May 2, 2000 at 7:00 P.M. by Chairman Elaine Renick. Members present were Charles Forth, Bill Rauch, Richard Tegen, John Atwater, Frank Caputo, Misty O'Bar, and Wanda Andrews. Member Garrette Paquette was absent. Also in attendance were Barry Brown, Director of Planning, Mimi Ogden, Planner I, City Attorney Robert Guthrie, and Jane McAllister Planning Technician 2. MINUTES of the Planning and Zoning Commission meeting held April 4, 2000 were not approved as presented. A revision was requested by Elaine Renick, page 8, paragraph 4, by Charles Forth page 8, paragraph 8 and by Misty O'Bar, page 6, paragraph 2. Elaine Renick requested that the minutes be more detailed than they have been. Chairwoman Elaine Renick announced that the Lost Lake Reserve CUP was going to be postponed. Barry Brown, Director of Planning stated that the Lost Lake Reserve CUP was being withdrawn due to the fact that there have been changes in their management team, and it will be at least 2 months until they are ready to bring the PUD back before the Commission and the Council. A motion was made by Frank Caputo to allow Lost Lake Reserve to withdraw their application for a Conditional Use Permit. The motion was seconded by Bill Rauch and approved by a unanimous vote. 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Gena Maria Cheplick for Sunnyside Deli OWNER: Ralph E. French REQUEST: For a Conditional Use Permit to allow the operation of a sandwich shop with retail food sales. LOCATION: 796 West Minneola Avenue. The subject property is the French building located in downtown Clermont at the northeast corner of Eighth Street and Minneola Ave. The subject property is east of the Becker Funeral Home and north of the Lake Minneola trailhead. EXISTING LAND USE: The subject property is in retail commercial use and currently houses Clermont Bicycle. Property to the north is residential, to the east is vacant, to the south is the trailhead facility, and to the west is the Becker Funeral Home. s • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 2, 2000 Page-2- FUTURE LAND USE DISTRICT: The subject property is in the Established Business District -1 (EBD-1 ). Restaurants are allowed uses in EBD-1. FUTURE LAND USE CLASSIFICATION: Central Business District. Restaurants are allowed used in the Central Business District. . EXISTING ZOJVlNG: Central Business District. Restaurants are a conditional use in CBD zoning. Planning Director Barry Brown gave a summary of the CUP stating that the existing structure is vested with enough parking to meet the requirements of the proposed restaurant and retail uses. The requested use is in accordance with land use designations and zoning and is an appropriate use for downtown, therefore staff recommends approval. Elaine Renick asked if there was anyone who would like to speak for or against this CUP. Sworn in were applicants Gena Maria Cheplick and Robert D. Cheplick, 9807 Hasson Ridge Rd. Clermont, and Alan Joseph, 10229 Spring Moss, Clermont. John Atwater asked what the seating capacity would be and was told by Mr Cheplick there would be approximately 15-16 seats. Mr. Atwater then questioned Mr. Brown as to the parking spaces required by code and was told there was enough parking. Bill Rauch asked if it was on the street parking. Mr. Brown answered in the affirmative explaining that the properties are vested for a certain amount of parking whether they have it available on site or not. Elaine Renick commented that a Deli was a desirable addition to downtown. A motion was made by Bill Rauch to approve the CUP. The motion was seconded by John Atwater and approved unanimously. 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Thomas W. Vincent OWNER: Robert Ahrens LOCATION: The subject property is located at the northeast corner of U.S. 27 and Hartwood-Marsh Road. REQUEST: For a Conditional Use Permit to allow a shopping center and four (4) outparcels CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 2, 2000 Page-3- SIZE OR PARCEL: 18.25 acres. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District-7 (UD-7) . FUTURE LANJD. USE CLASSIFICATION: Mixed-Use Classification 1. EXISTING ZONING: PUD. Planning Director Barry Brown stated that the applicant is proposing to develop a shopping center with four (4) outparcels. This is the "Publix Shopping Center" at the corner of U.S. 27 and Hartwood Marsh. The request is in accordance with the City's Future Land Use designations and zoning and the impacts of the project have been evaluated through the DRI process. The project is appropriately located to serve the needs of the residents of south Clermont. Staff recommends approval with emphasis on the following conditions which Lennar and the developers of the shopping center, Halverson, and the residents of Kings Ridge have been able to come to an agreement on to make appropriate use of this location. Those are as follows: Section #4. Site Plan and Architectural Design, condition #1, The developer shall build a six (6) foot high screen wall around the rear property line of the site (from Winsley Street connection to Danbury Mill Road connection). Wanda Andrews questioned the material that the 6 foot high screen wall would be made of. Barry Brown explained that the wall is allowed by code and will be appropriately landscaped. Developers are attempting to save a row of existing pine trees along that wall in addition to the landscaping they have promised. Elaine Renick added that the developers have already promised to go above and beyond code as far as landscaping the area and to do what the residents wanted. Condition #2 -Rear site lighting poles will be no greater than 25 feet in height and include directional shields or lenses to contain the lighting "onsite". Condition #3 -Golf cart parking spaces shall be provided. Frank Caputo pointed out that there is a golf cart lane that abruptly ends at an intersection where there will be truck traffic. There is nothing showing where the golf cart parking is going to be or to indicate the number of spaces that will be allocated. Elaine Renick stated she recalled that the matter of the golf cart parking was still under consideration and had not been settled as of the last meeting. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 2, 2000 Page - 4 - Robert Ahrens, 286 Wymore Road, Altamonte Springs was sworn in. Mr. Ahrens said that the location of the golf cart parking spaces has not been finalized. Homeowners will have a say as to where they prefer to park. Sixteen cart spaces will be provided although the golf carts will be permitted to use parking spaces in the automobile parking lot. Misty O'Bar pointed out that if the golf cart parking was located at the end of the building they would be in the same area as the truck traffic. Frank Caputo stated that as long as Mr. Ahrens is working with the residents of Kings Ridge he is satisfied the golf carts will get to park in a safe place. Condition #4 -The designated truck route for Publix will be U.S. 27 to Hartwood Marsh Road rather than Hancock Road. Condition #5 -Late night truck deliveries shall be prohibited. Wanda Andrews asked for a definition of "late night'. Attorney George Hovis, representative of the Whitehall neighborhood residents who are most impacted by this development stated that it has been agreed that Publix will make every effort to keep trucking away from the shopping center before 7:00 in the morning and after 11:00 at night. They totally commit to have no trucking through there from midnight to 5:00 in the morning. Mr. Hovis stated that the reason the golf cart issue has not been settled is because Lennar is working with the residents who felt there could be a safer way to access the shopping center. Frank Caputo asked what the hours of operation will be. Mr. Hovis replied that they will be closing at 10 or 11 in the evening but no later. There will be deliveries in the mornings but the larger truck will not usually deliver until after 7:00 in the morning and certainly before 11:00 in the evening. Condition #6 -All cardboard "recyclable" goods will be picked up daily. Condition #7 - Outparcels: a. Each parcel shall be limited to one monument sign, eight (8) feet in height, or two parcels may share a joint sign. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 2, 2000 Page - 5 - b. Outparcel structures shall be architecturally compatible with the shopping center design. Elaine Renick questioned Mr. Hovis as to who decides what is architecturally compatible. Mr. Hovis advised that the design of the proposed Publix will be along the same line as tie Kings Ridge Clubhouse. Elaine Renick expressed concern that the out parcels may not follow that design. Mr. Ahrens stated that Lennar will be the architectural review board for any buildings that occupy the out parcels. c. The general building height shall be limited to 25 feet in accordance with the Publix lease. This does not include cupolas or decorative enhancement. Condition #8 -Both the Publix and the retail shops shall provide rear parapet walls to screen rooftop mechanical equipment from view. Condition #9 -The number of trees required along the rear property line buffer shall be increased from one per 75 feet to a minimum of one per 50 feet. Planning Director Barry Brown stated that he wanted to add another condition to this section as follows: Condition #10 -There will be a sign that reads "Kings Ridge residents only" at the intersection of Danbury Mill Road and shopping center road. Section #7 -Variances Condition #1 -The shopping center shall be allowed to place its sign on one of the out parcels, rather than place it on the shopping center property itself as required by code. This is so that the Publix will have the view of it's sign from U.S. 27. Elaine Renick asked if anyone from the audience had anything to say about this CUP. Mr. Hovis wants to include in the CUP that Lennar will extend the 6' screen wall with landscaping across Winsley Street and turning the corner to block a residence that would otherwise be exposed to the rear of the shopping center. Mr. Ahrens stated that Lennar agreed to extending the wall as described by Mr. Hovis. Mr. Hovis further asked that the section of the lease between Halverson and Publix in which Publix agrees not to "go dark" be included in the CUP as protection for the City of Clermont. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 2, 2000 Page - 6 - City Attorney Robert Guthrie expressed concern about the City's ability to enforce that provision. Frank Caputo asked if there should be another owner in the future, would the "Go Dark" provision still be carried with the lease. He was assured by Mr. Hovis that the "Go Dark" part of the lease runs with the lease for 20 years. Elaine Renick asked if there was anything from prohibiting the city from including the provision in the CUP. Mr. Guthrie replied that there was nothing wrong with that. Misty O'Bar inquired whether this provision was in writing from Publix. Mr. Hovis assured her that he has it in writing from the senior attorney who represents Publix. Chuck Graves, 4218 Chamberlain Way, Kings Ridge was sworn in and expressed his gratitude to all involved in reaching an amicable agreement pertaining to the shopping center. Elaine Renick asked for questions from the Commission regarding this CUP. Wanda Andrews expressed concern with Section 7 referring to the shopping center sign being placed on an out parcel. She is concerned with blight. Planning Director Barry Brown suggested that the sign is not going to be a garish sign and the location of the project and their tenants need to be identified. Mimi Ogden stated that code allows one sign per street frontage. In this case a strip of land was not left specifically for the Publix sign and that is why it needs to be on an out parcel along U.S. 27. Elaine Renick envisioned the sign as one with Publix on the top and the other retail stores including the out parcels named below. Barry Brown explained that the sign would include Publix and the retail stores only. However, each of the four out parcels would have its own sign, but they will have only 8 foot high monument signs. Frank Caputo asked if the Kash and Karry sign was similar to the one that would be installed at the Publix site and Barry Brown said it is 200 square feet which is the maximum allowed by the code. In relation to the size of the project that is not a very large sign. Elaine Renick thought there would be monument signs on the entry road not along U.S. 27. She stated that this was overkill. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 2, 2000 Page-7- Barry Brown disagreed that it was overkill citing new projects in Orlando where they have brought signs down to monument size, when by code they could have much larger signs as is the case in Clermont. Elaine Renick stated that it was a lot better than what we have had but as long as we are improving it. She also took exception to the comparison with Orlando. Barry Brown stated that there are similar projects in Port Orange and other communities where monument signs are limited in size, and it's a very good look. Wanda Andrews suggested we look at Hilton Head as an example of what out signage should be like. Mr. Hovis stated that Publix has the right to have bigger and gaudier signs than what they are proposing. The residents of Kings Ridge, Lennar, and Halverson, the developers, have agreed on the signage. The signs have been beautified and are in keeping with the design of the shopping center. Wanda Andrews suggested that if the Commission had been shown pictures of the signs they might enjoy a higher comfort level about the signage. Mr. Hovis then showed drawings of the proposed signs to the Commission. Charles Forth expressed the opinion that the signage was not as restrictive as perhaps Orlando's code, but it was certainly more stringent than what the Clermont code allows. He said it's probably a midway point, it's not the most restrictive, but it's not the least restrictive either. If the residents are satisfied with the result that should be looked at as a key in the process. The residents have been very involved in this project. He is concerned that the height has been limited but not the length. Elaine Renick stated that she is not trying to throw something into it that is going to make the project go away. However, for the future "I think we have a tendency to think oh well we are doing better than Orlando and we're somewhere in between the best we can do and the worst we can do and so we're settling. She went on to point out that in the woodlands in Texas, there are small directional wooden signs that are set back in the pines and are very small and everyone is able to find the stores. Mr. Brown suggested that Charles Forth's concern about the overall size of the sign be addressed by limiting the entire sign to 100 square feet including sign face and base. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 2, 2000 Page-8- Wanda Andrews stated she was more comfortable with the signage after seeing the mock ups presented by Mr. Hovis, and related that the more information that is supplied to the Commission the better. Charles Forth pointed out that the City does not have a monument sign, and that it refers only to a ground sign which can be as large as 200 sq.ft. Mimi Ogden responded that the shopping center out parcels are limited to 100 sq. ft. . , Frank Caputo asked if the size of the proposed signs would be about 48 square feet. He was told the actual size would be 8x8 which would make it 64 sq.ft. which he considered to be substantially less that 100 sq.ft. Wanda Andrews said she would not consider 64 sq. ft. substantially less that 100 sq. ft. She was advised by Mr. Caputo that it was one third smaller. Elaine Renick asked if the Commission needed to make signage an issue right now or if it was something the Ordinance Review Committee needed to look at. Charles Forth had a question for City Attorney Robert Guthrie regarding Section 7 dealing with a variance. Mr. Forth stated he didn't believe it was within the power of the Commission to grant a variance, and at least if the Commission acts it should not include Section 7. A variance is totally in the realm of the City Council. Barry Brown interjected that it is customary to include variances in the Conditional Use Permit. Charles Forth suggested the Commission move with the exception of Section 7. There was a discussion on the subject. The City Attorney replied that the Commission could pass the CUP on to the City Council and that the City Council would deal with the variance. Charles Forth pointed out that in a previous CUP the Commission limited the number of structures allowed on an out parcel to one, and this condition should be added. Barry Brown agreed that it should be added under Section #4 Site Plan No. 11. Frank Caputo asked if drive-thrus should be eliminated on the four out parcels. Barry Brown said they would want to have the ability to have drive-thrus. There will not be curb cuts on U.S. 27 and access to the out parcels will be from an interior roadway. Misty O'Bar suggested limiting to 2 the number of out parcels that would be permitted to have adrive-thru. The restriction would be to keep the number of fast food restaurants to a minimum. • • C1TY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 2, 2000 Page-9- A lengthy discussion about limiting drive-thru windows ensued. Barry Brown suggested that limiting the number of drive-thrus to two for the out parcels would be fair, and consistent with what has been done in other shopping centers in Clermont. Mary Morrison, 4214 Chamberlain Way, in the Whitehall neighborhood was sworn in. Ms. Morrison asked the Commission to do anything in their power to keep fast food restaurants from being built on the out parcels. Elaine Renick asked Ms. Morrison if she, as a resident of Kings Ridge, would prefer to limit drive-thrus to one or two for the out parcels. Ms. Morrison replied "none". We would prefer banks because they don't operate at night and would appreciate anything you can do. Elaine informed Ms. Morrison that the Commission could not limit a specific business but that it could limit the number of drive thrus. Charles Forth suggested that Barry Brown's suggestion that no more than 2 of the out parcels may contain restaurants with drive thru windows would be a good idea. Elaine Renick said,that if the residents want it limited, the Commission should limit it as much as possible. She suggested restaurants with drive thru windows be limited to 1. Further discussion on the subject of drive thru windows with several suggestions of businesses that might utilize them were put forth. According to City Attorney Guthrie you can put certain restrictions but he suggested the restrictions not be too limiting. Frank Caputo suggested limiting the out parcels to 1 restaurant drive thru but not limiting the total number of drive thurs. Chairman Elaine Renick called for a motion. Wanda Andrews made a motion that the out parcels be limited to one drive thru restaurant. Ms. Andrews was informed that the motion was for the entire Conditional Use Permit whereupon she withdrew her motion. A motion was made by Charles Forth that the CUP be approved with the following conditions to be added 1-Under Site Plan under the designated truck route for Publix that they enter at Hartwood Marsh Road and exit through Winsley Road. On late night truck deliveries that they be prohibited between the hours of 12:00 am and 5:00 am. That Condition #10 be added that a sign be erected that states Kings Ridge Residents Only at Danbury Mills Road and shopping center road. Additionally that the 6 foot screen wall be extended to buffer the house that was closest and immediately effected • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 2, 2000 Page - 10 the back of the Publix building. That there be only one structure per out parcel location and that only one out parcel may have a restaurant with a drive thru window.. That there be a minimum of 16 golf cart spaces, either together or separated. That the total sign area be limited to the code requirement of 100 sq. ft for a monument sign including base and sign. That Phis Conditional Use include fhe information provided by Attorney George Hovis specifically the section 27.02.Go Dark. The motion was seconded by Wanda Andrews and unanimously approved. Elaine Renick raised the question of a letter received by Commission members from a Mr. Barden for Mary Ellen S. Barden who is the owner of a piece of property abutting the Kings Ridge PUD. Mr. Barden has repeatedly requested a platted 50 foot right of way stub-out or a platted 50 foot residential street from Kings Ridge to the Barden property. Mimi Ogden explained that every time Mr. Barden is sent a letter informing him of any change or addition to the Kings Ridge PUD he responds with a letter of his own. Mr. Barden called the Planning and Zoning Department and it was explained to him that the CUP concerning the Publix Shopping Center had nothing to do with nor was it in close proximity to the Barden land in question. After discussion by the Commission it was found that there was an easement that allowed access to the property. Mimi Ogden presented a letter from Farner Barley dated 1998 addressing the access to the Barden property. Lake County responded to the Barden request long before Kings Ridge was annexed into the City. A map of the property in question and a copy of the letter are attached to and shall become part of the minutes of this meeting. Elaine Renick stated that this was not a matter for the Commission to handle and moved on to the next order of business. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Don M. Casto Organization OWNER: Lucas Clermont Limited Partnership REQUEST: To amend an existing conditional use permit for a shopping center to increase the allowable square footage from 204,732 square feet to 232,331 square feet and increase the number of out parcels from four (4) to five (5). LOCATION: The subject property is the Kash `n Karry shopping center located at the corner of S.R. 50 and Citrus Tower Boulevard. SIZE OF PARCEL: 30 acres. i • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 2, 2000 Page - 11 - EXISTING LAND USE: Shopping Center FUTURE LAND USE DISTRICT: UD-5 (Undeveloped District - 5). FUTURE LAND USE CLASSIFICATION: Commercial EXISTING ZONING: C-2 General Commercial Planning Director Barry Brown stated that the project was originally approved for 204,732 square feet of retail space with four (4) out parcels on 23.5 acres. Subsequently the CUP was amended to add 6.5 acres of land without an increase in retail space or out parcels. The applicant is now requesting to increase the retail space by 27,599 sq. ft. for a total of 232,331 sq. ft. and to increase the number of out parcels from four to five. The request is in accordance with the City's land use designations and zoning and the infrastructure necessary to support the additional square footage has been provided. Staff recommends approval with emphasis on the following conditions: Section #7 Architectural Design Standards. There is a possibility that a large retail establishment could go in to this shopping center and since the city does not have architectural design standards in the city code Mr. Brown stated he wanted to take this opportunity to include some in the Conditional Use Permit. Elaine Renick asked Barry Brown if he was talking about a retailer that would use the maximum of 100,000 square feet. Mr. Brown replied that currently that was the limit, but added that the Council could entertain a variance request. Barry Brown stated that he drafted the architectural design standards and asked for the opportunity to address any concerns or answer any questions about them. The reason for these standards is to define what we want to look like in the City of Clermont. We want to set our community apart from others. Elaine Renick asked if the applicant would like to be sworn in. Mark Sneed, 2745 Chadsford Circle, Oviedo, FL and Mike Holbrook, 918 Lucerne Terrace, Orlando, FL were sworn in. Mark Sneed stated that he may have some issues with Section #7 but would like to address any questions from the Commission first. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 2, 2000 Page - 12 - Elaine Renick inquired as to why they are asking for the additional out parcel now. Why was it not added when the CUP was originally amended to add the 6.5 acres. Mark Snead explained that Oakley Seaver Drive was shown in a different place on the original plan. When the engineering was done and construction began there was a piece of land left between the shopping center and Oakley Seaver Drive. At the time they applied for a CUP to take that additional 6.5 acres land in they did not have a site plan. There was further discussion about floor area ratio and the reason that the request was not made when the 6.5 acres was added to the CUP. Wanda Andrews asked what type of businesses would be on the out parcels. Mark Snead answered that one of the parcels was sold to South Trust Bank. He indicated that although sit down restaurant chains would be desirable, there is not enough population in Clermont to support them yet. The new movie theater may be a catalyst to bringing in the sit down restaurants. Most interest in out parcels has been shown by banks. Elaine Renick asked who the large retailer might be. Mark Snead answered that the proposed site plan was based on a Home Depot Store but he did not want to imply they have a deal with Home Depot, they do not, although they have been approached by Home Depot. John Atwater asked if the Garden Center was included in the plan and was advised that it was. Elaine Renick noticed that the plans for the large retail store showed the square footage was 107,092. Mark Sneed explained that was for the enclosed portion of the building not including the garden center. Elaine Renick mentioned that the code only allowed 100,000 square feet. Misty O'Bar mentioned that they could request a variance. Mark Sneed replied that he thought that was included in tonight's business and was informed that that it was not. Elaine Renick said she didn't feel comfortable acting on something that we have an ordinance against. Barry Brown explained to Ms. Renick that the Commission is not acting on granting a variance to exceed 100,000 square feet. What is being decided here is whether we are going to allow this project to have more than 204,732 square feet. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 2, 2000 Page - 13 - Charles Forth pointed out that the acreage requested on page 9 of the conditions was a total of 23.5, and now it was being presented as 30 acres. Barry Brown stated that he should have made the change, and that the total acres as described on page 9 was incorrect and that it should be changed to read 30 acres. Wanda Andr~~vs asked if there is landscaping between the setbacks and Highway 50 and between all of the roads? Barry Brown answered yes. Charles Forth pointed out that the project had been landscaped under the old code. Is the remainder of the build out going to have to abide by the new vegetation code? Barry Brown answered yes, and that palms are no longer on the preferred tree list. Wanda Andrews had a question about Section 3 Transportation Improvements No. 2. She felt there were so many options out there. Mr. Brown pointed out that we have the right to require more parking than code. Elaine Renick expressed disappointment that the center is becoming even more dense than it was to begin with. It was explained that it is not as dense as before with the addition of the out parcel. She expressed concern about traffic. Mike Holbrook explained that Oakley Seaver Dr. has made the connection to State Road 50 and added infastructure ahead of schedule. Charles Forth expressed his desire to move ahead with the CUP before the Commission and that if the City Council wants to entertain a variance at a future date that would be up to them. He added that the P & Z Commission can recommend that Council act within the regulations as they stand which would be the 100,000 sq. ft. Elaine Renick stated she would like to hear from everyone. John Atwater expressed concern with the exits on to Highway 50. There will be total gridlock with automobiles when Kash `n Karry, the movie house, and other retail all let out at the same time. Mr. Brown explained that the exits from roads to highway 50 will be signaled roads in the future. He also pointed out that the out parcels will be accessed from within the shopping center and there will not be a curb cut on highway 50 for each of the out parcels. Mark Snead pointed out that a home improvement store, retail stores, movie theaters, and grocery stores do not all let out at the same time and traffic will be staggered. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 2, 2000 Page - 14 - Richard Tegan stated that they were here to look at the overall size of the site and not to get hung up every time they see 102,000 square feet. Elaine Renick reiterated her concern with sending a message to the City Council that somehow they would think the "big box" is acceptable. She said what really concerns her is the difference between 4 and 5 out parcels because you're talking about an extra business that fjrings in all the extra traffic. Richard Tegan saw that it might possible to ease traffic to have a large store nearer to the new homes being built. He pointed out that it might keep people off of Highway 50 and Highway 27 to do shopping. Frank Caputo said that the shopping center is there and will continue to be there whether this additional out parcel is permitted or not. This developer has been conscientious in developing this area and this one out parcel will not have much of a bearing on the traffic. He started to make a motion to approve the CUP, but gave up the floor to allow Mark Sneed to address the architectural design. Mark Sneed agreed that architectural design is important but retailers have needs too. They tend to want to keep their logos and tag lines. In Roofs #3, limiting the primary color in the building trim to a 1 foot wide band around the building will not be visible enough to satisfy the retailers. He would like to increase the size of that. Mr. Snead also questioned the neon tubing as not being an acceptable feature for building trim or accent areas. Barry Brown explained that the intent there was not to eliminate neon tubing but rather to exclude exposed tubing. Charles Forth brought up the point that the neon tubing inside a window, outlining the window would then be acceptable since it is not exposed. Mr. Brown said that would not be acceptable because it would be visible. A discussion ensued as to what would be considered exposed. It was determined that neon tubing shall not be used in building signage unless within the framework of an opaque cover. Mark Snead objected to number 2 under Signage, which would exclude store "tag lines" from the signage. There was discussion as to what type of signage would be allowed in regard to tag lines as opposed to advertising. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 2, 2000 Page - 15 - Wanda Andrews and Elaine Renick liked the section as written and suggested that if a retailer did not want to abide by the rule they could go elsewhere. Charles Forth said that a retailer is not going to trash their building with a back lit type sign. The paper window signs were much more offensive, especially when it becomes a safety factor because the police are unable to see into the business. Elaine Renick `said the Commission would come back to that subject and asked Mr. Snead if there were any other items in the architectural design standards that he did not agree with. Mr. Snead replied that he was not an architect, but that he likes tasteful buildings to and that Barry Brown did a very fair job. Mike Holbrook said there were many meetings with staff, and that Barry Brown took time to go and visit some of the newer centers in Central Florida. John Atwater asked if the City Code covers back lit signs. Mimi Ogden indicated that the code covers wall signs, which would include this type of sign. A motion was made by Frank Caputo to approve the CUP changing the total square feet of commercial development in Section 2, No. 1 from 23.5 acres to 30 acres and in the Architectural Design Standards under "Si ncLage" No. 2 eliminate reference to ~ecific advertising tag lines. Neon tubing shall not be an acceptable treatment for building trim, window trim, or accent areas. There shall be one building per out parcel. and one restaurant with a drive thru window permitted for al! the out parcels. Wanda Andrews seconded the motion. The motion was approved by a vote of 6-2 with Misty O'Bar and Elaine Renick voting against. Ms. Renick stated that an added out parcel would increase the density and cause more traffic in the area. Elaine Renick announced that the Model Home Ordinance was the next order of business, but asked Barry Brown why it was coming before the Planning & Zoning Commission and not being handled by the newly formed Ordinance Review Committee. Barry Brown explained that the Ordinance Review Committee was to review existing ordinances, not create new ordinances and that a new ordinance had to come before the Planning & Zoning Board before going to City Council. Mimi Ogden introduced the Model Home Ordinance, a copy of which is made part of these minutes. John Atwater asked Mimi Ogden why a contractor would not install a driveway on a model home. Her reply was that some developers don't construct the driveways in an CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 2, 2000 Page - 16 - attempt to create a "park like" atmosphere. A bond would be required to insure that funds would be available to construct the driveways. Frank Caputo questioned the meaning of the definition of "Model Home" as it refers to "multi-family" and asked if someone wanted to put up apartments and each building contained 18 apartments would they be permitted to erect that entire building and use it as ~a model. Barry Brown said that this would refer to owner occupied buildings such as town homes, and condominiums not apartment houses. Charles Forth pointed out that the if someone were to build an apartment house they would only be permitted to use a certain number of the apartments as models and the others would be rented or sold depending on the situation. Wanda Andrews pointed out that if that were to happen there would have to be a certificate of occupancy for the entire building. Frank Caputo stated that he would like to change the language in Section 122-350, (a) to read Model Home means a single residential, duplex, condominium, or town homes. City Attorney Robert Guthrie said this ordinance is consistent with the comprehensive plan. A motion was made by Bill Rauch that the Model Home Ordinance is consistent with the Comprehensive Plan and should be sent on to the Citv Council. The motion was seconded by Frank Caputo and unanimously approved. Mimi Ogden introduced Ordinance No. 295-C, which alters Section 110-141. Procedure for review and approval which is part of the City of Clermont Land Use Regulations to reads as follows: No building shall be erected on a lot of land subject to this chapter, nor shall any building or development use permit be issued therefore, unless such lot or parcel is within a subdivision for which a plat has been recorded and the required improvements have been installed and approved by the city, with the exception of model homes and model home centers permitted in conformance with Chapter 122. Mimi Ogden explained that this change is to accommodate the new Model Home Ordinance. A motion was made by Mistv O'Bar to a~nprove the change and to send it on to the City Council. John Atwater seconded the motion and it was unanimously approved. • C~ CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 2, 2000 Page - 17 - Elaine Renick mentioned that she thought Impervious Surface was to be discussed at this meeting and was informed by Barry Brown that the subject was discussed by the Council in a workshop on Monday night, and that it would probably come before the Commission in June. Elaine Renick mentioned that someone received an old copy of the Land Use Regulations and wanted to be assured that the old regulations were not being handed out'by the Planning & Zoning Department. Wanda Andrews asked for a new updated list of members of the Council and the Commissions. There being no further business the meeting was adjourned. Elaine Renick, Cha rman ATTEST: e C. McAlliste -Planning Technician II