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04-04-2000 Regular Meeting• CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION April 4, 2000 The meeting of the Planning & Zoning Commission was called to order Tuesday, April 4, 2000 at 7:00 P.M. by Chairman Elaine Renick. Members present were Charles Forth, Bill Rauch, Richard Tegen, Garrett Paquette, John Atwater, Frank Caputo and Misty O'Bar. Member Wanda Andrews was absent. Also in attendance were Barry Brown, Director of Planning, Mimi Ogden, Planner I, and Jane McAllister Planning Technician 2. MINUTES of the Planning and Zoning Commission meeting held March 7, 2000 were approved as presented. Chairwoman Elaine Renick announced that the Lost Lake Reserve CUP, and the Don Casto CUP were to be postponed until the May 2, 2000 meeting. A motion was made by Frank Caputo to postpone the Lost Lake Reserve, and Don Casto CUPS until May 2, 2000. The motion was seconded by Richard Tegen and improved by a unanimous vofe. Chairman Elaine Renick reintroduced the issue of the E.A.R. report and stated that she did not understand it even after asking questions and receiving explanations and would like to update it rather than pass it on to the City Council. Commission member Paquette did not understand the actual report but did see that if the report is not approved and sent on to Council we would not be able to go ahead with plans necessary for the city. Planning Director Barry Brown again explained the need to approve the report and send it on to Council. Without that happening the city can not amend its comprehensive plan. Commissioner Frank Caputo looked at the E.A.R. as a report card and realized that we have answered the deficiencies noted in the report and recommends the E.A.R. be approved and forwarded on to the City Council. Commissioner John Atwater was concerned that we could not move on and make judgements about matters in the future if the E.A.R. is not approved. Commissioner Charles Forth noted that the E.A.R. was actually a report card on the city's comprehensive plan. He would approve and send it to the council however, there are things that need to be addressed in the E.A.R. that have not been, for example roads, and well fields. These need to be addressed. Howard Barry, 439 Carroll St was sworn in and made comment regarding the E.A.R. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION Aprll 4, 2000 Page - 2 - Commissioner Misty O'Bar expressed concern with the water recharge areas being built upon which is going to cause serious problems in the future. Frank Caputo made a motion to approve the E.A.R. and send it to the Cify Council. The motion was seconded by Bill Rauch and approved by a vote of 5 to 3 with Commissioners Renick, Forth, and O'Bar votincLagainst approval. Frank Caputo made a motion fo have fhe City Council address fhe water and transportation issues mentioned in the E.A.R. and report back to the Planning and Zonino Commission. The motion was seconded by John Afwater and aooroved unanimously. 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Robert Ahrens OWNER: Robert Ahrens, Rex V. McPherson II REQUEST: For a Conditional Use Permit to amend the existing Kings Ridge Planned Unit Development. The amendment will increase professional office and commercial acreage by 12.7 acres and reduce residential acreage by a corresponding 12.7 acres. It will also relocate C-2 General Commercial uses from Parcel "D" at the northwest corner of the property to Parcel "E" at the corner of U.S. 27 and Hartwood-March Rd. And will relocate professional office uses from Parcel "E" at the corner of U.S. 27 and Hartwood- March to Parcel "D" at the northwest corner of the property. See attached maps for current and proposed land use locations. GENERAL LOCATION: The property is located on the northeast corner of U.S. 27 and Hartwood-Marsh Rd., approximately 3 miles south of S.R. 50. SIZE OF PARCEL: 885.9 acres EXISTING LAND USE: Kings Ridge PUD, a mixed use development with DRI approvals. FUTURE LAND USE DISTRICT: The subject property is in the Undeveloped District - 7 (UD-7) land use district. The requested uses are allowable uses in UD-7. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION Apri14, 2000 Page-3- FUTURE LAND USE CLASSIFICATION: The subject property is classified as Mixed- use classification 1. The requested uses are allowable in this land use classification. EXISTING ZONING: PUD Planning Director Barry Brown gave a summary of the CUP stating that the request would allow the relocation of the C-2 General Commercial District from the northwest corner of the property to the corner of U.S. 27 and Hartwood-Marsh Road. This will locate the higher intensity commercial at the intersection of a major arterial and a road functioning as a minor collector. This will be a signalized intersection in the future. The requested changes have been approved by the East Central Florida Regional Planning Council and the Department of Community Affairs. The requested changes to the PUD are consistent with the assigned land use designations, therefore, staff recommends approval. Elaine Renick wanted to add to the record that the Commissioners had spoken to representatives of the community and of Lennar Homes. Charles Forth and Misty O'Bar did not speak to anyone regarding this matter. Sworn in were :Rob Ahrens, 286 Wymore Road, Altamonte Springs, FL 32714, Charles Graves, 4218 Chamberlain Rd, Clermont, FL 34711, George Hovis, 1380 Grand Highway, Clermont, FL. Mr. Ahrens offered to make a presentation of what is planned for the commercial area. Tom Vincent, Halverson Holdings, 2335 NW 97th Ln, Coral Springs, FL. was sworn in. Mr. Vincent presented an exhibit of the intentions for the Publix and other retail space at the corner of U.S. 27 and Hartwood-Marsh Road. Mr. Vincent met with people from the community of Kings Ridge. He listened to and addressed their concerns about truck traffic, visibility from the residential community behind the stores, the lighting in the rear of the store and signage. Mr. Vincent also showed a drawing of the front elevation and mentioned that it is designed to compliment and carry through the style of the clubhouse. He also mentioned a separate parking place for golf carts so that residents can access the shopping area from inside the community, Misty O'Bar expressed concern that the Publix might become a 24 hour store. Mr. Vincent assured her that would not be the case. John Atwater expressed the concern of residents in the Whitehall community, which is directly behind the shopping center, that garbage disposal would cause a problem. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 7, 2000 Page - 4 - Mr. Vincent assured him that all of the garbage disposal would be in walled areas and that the noise would be negligible. Mr. Vincent also stated that the walls in the rear of the building would be greater in height than normal in order to block view of any mechanical materials on the roofs. He would like to be able to keep several pine trees already in place near the rear property line. Commissioner Forth expressed concern that the golf carts would be in competition with Semi truck making deliveries on Danbury Road. He was assured that the golf carts would have their own path on which to travel. Charles Graves, spokesman for the Whitehall neighborhood, had his wife Marion Graves read a prepared statement into the record. A copy is attached. Attorney George Hovis mentioned that Publix has agreed not to "Go Dark" if they should decide to move to another location in the future. Mr. Hovis supplied a written explanation in the form of an insert from the proposed lease, which is attached to, and made part of these minutes. Mary Morris, 4214 Chamberlain Way, Clermont, FL was sworn in. She was on all committees involved in the resolution of this problem. She expressed concern that a traffic light would not be installed at the corner of U.S. 27 and Hartwood-March Road until the shopping center was up and running. She was informed that Florida D.O.T. operates in that manner. A motion was made by Frank Caputo to approve the CUP with the condition thaf Publix will not be a 24 hour operation now or in the future and to include all conditions discussed and promised by Lennar Homes. The motion was seconded by Richard Tegen and approved by a unanimous vote. 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Magic Moments Learning Center, Inc. OWNER: Trustees of Clermont Lodge #226, F. & A.M. LOCATION: 865 West Desoto Street. REQUEST: For a Conditional Use Permit to allow the temporary use of the lower floor of the Masonic Lodge as an overflow area for Magic Moments Learning Center, Inc. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION April 4, 2000 Page - 5 - EXISTING LAND USE: The subject property is the Masonic Lodge. Property to the north is commercial, to the east is the VFW hall, to the west is Magic Moments Learning Center, Inc. FUTURE LAND USE DISTRICT: Established Business District -1 (EBD-1 ). Child care facilities are allowed in EBD-1. • 1 FUTURE LAND USE CLASSIFICATION: Central Business District. Child care facilities are allowed in the Central Business District. EXISTING ZONING: Central Business District. Child care facilities are a conditional use in the CBD zoning. Planning Director Barry Brown stated that the applicant is requesting temporary utilization of the lower floor of the Masonic Lodge as classroom space for their schooler program (program for school aged children). The additional space will primarily be used during the summer, but will also be available for use during holidays, rainy days, and teacher work days, etc. The schooler program is at maximum capacity, therefore this will not increase the number of students attending the summer session this year and so will not increase the required parking. The applicant is requesting use of the Masonic Lodge for a three year period from May 19, 2000 through May 18, 2003. Mr. Brown further stated that a similar request had been granted to use the American Legion building, however, that facility is no longer available. The requested use is consistent with the land use designations, zoning, and surrounding uses, therefore staff recommends approval. Sam Allison of Magic Moments Learning Center, 885 W. Desoto Street, Clermont was sworn in and asked the Commission if they had any questions or concerns. Bill Rauch asked if the Masonic Lodge's insurance would cover the students or if Magic Moments insurance would cover the students. The answer was that Magic Moments insurance would cover the students. Charles Forth was concerned that based the on presentation there were to be no additional parking spaces. Mr. Forth then stated that according to code all uses require parking and that parking is not transferable by code. Barry Brown explained that they would still be serving the same amount of students and that the lodge would only serve as a place for overflow students and not as a pick up or drop off point. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 7, 2000 Page-6- Garrett Paquette who is a member of the Masonic Lodge explained there would be no parking problem as the members are not there when the Learning Center would be using the facility. A motion was made by Garrett Paquette to approve this Conditional Use Permit. The motion was seconded by Bill Rauch and approved by a vote of 6 to 2 with Forth voting acLainst in relation to the parking question and Misty O'Bar voting against because of a concern for the safety of the children being walked across the road. Ms. O'Bar stated that if they have a problem with too many children that is somethin4 that needs to be straightened out now, not put aside and pushed off into another building that they may not get to use on a continuous basis. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: The Church at South Lake OWNER: Mercator Properties, Inc. REQUEST: To amend an existing conditional use permit, Resolution #1044, to allow the operation of a preschool daycare facility in conjunction with a previously approved church use. LOCATION: 266 and 268 Mohawk Road, Lot 3 of the Clermont Commons business park. This property is located on the west side of Mohawk Road, north of Citrus Tower Blvd. EXISTING LAND USE: The subject parcel is currently used as a church. Property to the north, south, and west is professional office, to the east is residential. FUTURE LAND USE DISTRICT: UD-5 (Undeveloped District - 5). Child care facilities are allowable uses in UD-5. FUTURE LAND USE CLASSIFICATION: Industrial. Child care facilities are allowable uses in the Industrial land use classification. EXISTING ZONING: M-1, Industrial. Child care facilities are a conditional use in M-1 zoning. Planning Director Barry Brown stated that the applicant has an existing CUP to operate a Church at this location and is requesting to expand the ministry of the Church to include a preschool daycare. The requested use is consistent with a similar use in the area as the Montessori Elementary School operates in an adjacent building. The church • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 7, 2000 Page - 7 - has an agreement to share the Montessori School's playground area. Based upon consistency with the land use designations, zoning, and surrounding uses, staff recommends approval. The length of this permit is to run through the end of the lease which is February 28, 2002. Brian Hammond, 14517 Wishing Well Way, Clermont, FL was sworn in. Commissioner Bill Rauch inquired as to whether the playground area at the Montessori School was fenced. The answer was yes. Garrett Paquette asked how many children would be at the facility and the answer was between thirty and forty. A motion was made by Bill Rauch to approve the C. U. P .The motion was seconded by Misty O'Bar and approved by a unanimous vote. 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Westminster Care Communities OWNER: Westminster Care Communities REQUEST: To amend an existing Conditional Use Permit to allow for and locate a trash compactor and to use a vacant parcel for parking. LOCATION: 151 Minnehaha Avenue, between East and Drew Streets. EXISTING LAND USE: The subject parcel is currently used as a retirement horlie. Property to the east, south and west are residential while to the north is a church and vacant land. FUTURE LAND USE DISTRICT: The subject property is in the Established Business District - 2 (EBD-2) land use district and the requested use is allowable. FUTURE LAND USE CLASSIFICATION: The subject property is classified as Commercial land use. The requested use is allowed in the Commercial land use classification. EXISTING ZONING: C-2, General Commercial. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 7, 2000 Page-B- Planning Director Barry Brown gave a summary of the CUP stating that the applicant has an existing CUP to operate a retirement and nursing home. Condition #19 of the current CUP calls for the dumpsters to be located on the R-3 portion of the property. This request is to replace the dumpsters with a compactor and to allow it to encroach into the R-1-A zoned portion of the property. Because of existing development and the slgpe of the s~e, appropriate locations for the compactor are limited. The applicant is proposing to p ace the compactor just south of the apartment building. Although this location will encroach into the R-1-A portion of the property, the proposed location is more than 100 feet from residential property and will be screened by an enclosure. In addition, the applicant is proposing to convert a portion of lot 2 to parking. The proposed use is consistent with the directives of the land use designation and the zoning district and is consistent with development in the area; therefore, staff recommends approval with emphasis on Section 2, Conditions 2 and 3 of the Conditions. Wes Kilmeyer, representative of Westminster Care was sworn in. Elaine Renick expressed concern with the noise the compactor would make. John Atwater explained that it would likely be much more quiet than the noise generated by picking up the dumpsters that are there now. Mr. Kilmeyer explained that at present they use three open dumpsters that require 3 or 4 pickups per week. The compactor would bring that down to approximately 1 pick up per week. He also assured the Commission that the compactor would probably not be run after 7:00 p.m. as it would disturb the residents of Westminster as well as the neighbors. Frank Caputo suggested stipulating hours of operation for the compactor. Elaine Renick asked if the proposed parking area would be paved. She was assured it would not be, but if it was necessary to use a material such as gravel then a water retention area would have to be built. A motion was made by John Atwater for approval of this CUP. The motion was seconded by Richard Tegen and approved by a vote of 7 to 1 with Charles Forth voting against because the first CUP required that the dumpster be moved out of the R-1-A District and now they want to put the compactor back there. i ~ CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 7, 2000 Page-9- 5. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Brossier Company OWNER: Lucas Clermont Limited REQUEST: To amend the legal description of an existing Conditional Use Permit for a movie theater including two out parcels slated for restaurant uses. LOCATION: The subject property is located north of S.R. 50 and west of Oakley Seaver Drive. SIZE OF PARCEL: 13.67 acres. EXISTING ZONING: Urban Estate. Zoning to the east and south is C-2 Commercial, to the north and west is Urban Estate with a PUD. EXISTING LAND USE: Vacant. Property to the east is being developed as a shopping center including the new Kash `n Karry, property to the south is vacant, to the west is single family residential in the County, and to the north and northwest is vacant, but currently under review for a single family residential development. FUTURE LAND USE: Commercial. Property to the east and south is classified Commercial land use and property to the north and west is Residential land use. The subject property and all surrounding properties are in the Undeveloped District-5 (UD-5) land use district. Planning Director Barry Brown gave a summary of the CUP stating that the new applicant name is IMMO Corp. The CUP is to allow the residential developer to the northwest to have some identification for their project from Oakley Seaver Drive. We are amending this legal description to allow them to meet city code and allow that signage. Staff recommends approval. The original CUP was for two out parcels that would have restaurants built on them. Mr. Brown stated it is his understanding that there are plans for a bank to be built on one of the out parcels and they are requesting to place two buildings on that one out parcel. Mr. Brown would like to add a condition that only one building be allowed for each out parcel. Robert B. Reese, 952 Moss Lane, Winter Park, FL. was sworn in and stated that the bank is not a deal yet. At this time he withdrew any request for any change except for the change in the legal description. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 7, 2000 Page - 10 - A motion was made by Charles Forth to amend the current CUP fo change the legal description on the northern boundary of the property, and to limit the number of structures allowed on an out parcel to one per out parcel. The motion was seconded by Frank Caputo and approved by a unanimous vote. There being n4 further business, the meeting was adjourned. ~ l ~l '~ ~/ Elaine Renick, Chairman ATTEST: ~~ rl/ ~C~ ~C~` 7 ne C. McAllis r -Planning Technician II . ~ << 1~l y~' ~ r (b) Ey Tenant. Tenant shall not use or permit the use the Premises for the generation, storage, treatment, use, transportation or disposal of any chemical, material, or substance which is regulated as toxic or hazardous or exposure to which is prohibited, limited, or regulated by any federal, state, county, regional, local, or other governmental authority or which, even if not so regulated, may or could pose a hazard to the health and safety of the other tenants and occupants of the Landlord's property or adjacent property. If any such chemical, material or substance is used upon the Premises in the ordinary course of Tenant's permitted business, Tenant shall not use any such chemical, material or substance in a hazardous manner. In the event of any use in violation of this provision Tenant will indemnify Landlord for any loss or expense, including reasonable attorney fees, it suffers as a result of the violation. Tenant's liability for such indemnification is not limited by any exculpatory provision of this Lease, and shall survive any cancellation or termination of this Lease or transfer of Landlord's interest in the Premises. 26. COVENANT OF QUIET ENJOYMENT 26.01 Covenant of Ouiet Enjoyment. If Tenant shall pay the Fixed Minimum Rent and other amounts payable hereunder and substantially perform all of its covenants and conditions to be performed by Tenant hereunder, Tenant shall, during the Term, freely, peaceably, and quietly occupy and enjoy possession of the Premises, together with the rights, privileges, easements, and appurtenances herein demised, without molestation or hindrance, lawful or otherwise, subject, however, to the Permitted Title Exceptions. 27. OPERATION R 27.OZ Operation. Any provision of this Lease to the contrary notwithstanding, Tenant shall not be required to continuously occupy the Premises or operate therein, and Tenant shall not be liable to Landlord or to any other tenant in the Shopping Center for the failure of Tenant to operate in or occupy the Premises. 27.02 Co Qark. (a) Without Cause. In the event Tenant ceases to conduct business from the Premises for .any reason other than those set forth in Paragraph 27.02(b) of this Lease, entitled "With Cause", for a period of six (6) consecutive months, Tenant shall deliver written notice to Landlord advising Landlord that Tenant has ceased to conduct business from the Premises for said period. In the event Tenant ceases conducting business from the Premises for reasons other than those set forth in said Paragraph 27.02(a) for a period of six (6) consecutive months, Landlord may, at its option, elect to terminate this Lease by delivery of written notice of such election to Tenant at any time after the expiration of said six (6) month period, but in no event later than sixty (60) days after the date of receipt by Landlord of written notice from Tenant as set forth in the preceding sentence, whereupon this Lease shall be deemed terminated and of no further force or effect, except as otherwise expressly set forth herein, which termination shall be effective as of the last day of the month next succeeding the month in which Tenant is deemed to have received said notice of termination; provided, however in the event Tenant commences conducting business from the Premises prior to the effective date of said notice of termination, said notice of termination shall be deemed null and void and of no further force or effect. In the event Tenant notifies Landlord that Tenant has ceased conducting business from the Premises as herein provided, and in the event Landlord fails to terminate this Lease as herein provided, then: (i) Landlord's right to terminate this Lease pursuant to this Paragraph 27.02(a) shall be deemed null and void and of no further January 12, 2000 -40- force or effect; and (ii.) any provision of this Lease to the contrary notwithstanding, the terms and provisions of Article 6 of this Lease, entitled "Percentage Rent", shall be deemed null and void and of no further force or effect. (b) With Cause. The terms and provisions of Paragraph 27.02(a) shall not apply in .the event Tenant does not commence conducting business from the Premises, or having commenced conducting business from the Premises thereafter ceases to conduct business from the Premises, due to causes for which such failure to commence or such cessation are excused under the terms and provisions of this Lease, including, without limitation, the following: (i) the failure of Landlord to commence or complete construction of the Premises; (ii) alteration, repair, or restoration of the Premises; (iii) interruption of utilities; (iv) fire or other casualty; (v) default by Landlord; (vi) eminent domain; {vii) force majeure; or (viii) failure to satisfy the contingencies set forth in Article 47 of this Lease, entitled "Contingency". 28. SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT 28.01 Subordination. Non-Disturbance and Attornment. Landlord reserves the right to subject and subordinate this Lease at all times to the lien of any first mortgage now or hereafter placed upon Landlord's interest in the Premises; provided, however: (i) no default by Landlord under any mortgage shall affect Tenant's rights under this Lease, so long as Tenant performs its material and monetary obligations imposed upon it hereunder; (ii) the holder of any mortgage executed prior to the execution of this Lease will execute a Subordinat..ion, Non-Disturbance and Attornment Agreement in the form set forth in Exhibit "E" which is attached hereto and incorporated herein; and (iii) any mortgagee of a mortgage executed after the date of the signing of this Lease shall execute a Subordination, Non-Disturbance and Attornment Agreement in the form set forth in Exhibit~~"E" attached hereto. The Subordination, Non- Disturbance and Attornment Agreement shall be executed by all parties thereto in~~recordable form and Tenant may, at Tenant's election, file the executed Subordination, Non-Disturbance and Attornment Agreement in the public records maintained by the appropriate governmental authority having jurisdiction over real property records in the municipality in which the Premises is located. 29. ESTOPPEL CERTIFICATE 29.01 EstQ,~>,el Certificate. Upon written request of Landlord or Tenant, the other party, within thirty (30) days of the date of receipt of such written request, agrees to execute and deliver to the requesting party, without charge, a written Estoppel Certificate in the form set forth in Exhibit "F" attached hereto and incorporated herein, subject to revision thereof to reflect a true and accurate statement of facts. 30. TRADE FIXTURES 30.01 nwnPr~h;n. Removal, and Waiver of Lien. All trade fixtures, equipment, leasehold improvements and property of any nature which may be installed or placed in or upon the Premises by Tenant shall remain the property of Tenant. Tenant shall have the right, at any time during the Term, and up to thirty (30) days after the expiration or earlier termination of this Lease, to remove such trade fixtures,' equipment, and property from the Premises; provided, however, Tenant shall promptly repair any damage caused by such removal. Any trade fixtures, equipment, leasehold improvements, or other property in the Premises which remains in the Premises more than thirty (30) days after expiration or earlier termination of this Lease shall be deemed abandoned and may be disposed of by Landlord at its discretion. Tenant may January 12, 2000 -41-