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02-01-2000 Regular Meeting• • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION February 1, 2000 The meeting of the Planning & Zoning Commission was called to order Tuesday, February 1, 2000 at 7:00 P.M. by Vice Chairwoman Elaine Renick. Members present were Charles Forth, Bill Rauch, Misty O'Bar, Richard Tegen, Garrett Paquette, and John Atwater. Members Wanda Andrews and Frank Caputo were 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 November 2, 1999 were approved. Minutes of the Planning and Zoning Commission held January 4, 2000 were approved. The first order of business was the introduction of new members of the Commission. Planning Director Brown introduced and welcomed John Atwater, newly appointed to the Planning and Zoning Commission. Planning Director Brown introduced an additional item for the agenda, the School Siting Amendment. Planning Director Brown introduced Barbara Hollerand, a new member of the planning staff. Barbara Hollerand presented the School Siting Amendment for the information of the Commission. Mrs. Hollerand read the School Siting Amendment aloud. Commissioner Charles Forth made a motion to adopt the amendment and send the amendment to the City Council for their consideration. Bill Rauch seconded the motion, which was unanimously approved by the Commission. 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Immanuel Temple Church, Pastor Daryl Forehand OWNER: Immanuel Temple Church REQUEST: For a Conditional Use Permit to allow the operation of a church. LOCATION: 792 East Montrose Street. The property is located west and adjacent to Ambassador Cleaners. SIZE OF PARCEL:.43 acres. EXISTING LAND USE: The subject parcel is formerly the location of a bar, however the building has been vacant for many years. To the east is the Ambassador Cleaners while property to the north, south, and west is residential. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION February 1, 2000 Page-2- FUTURE LAND USE: The subject property is in the Undeveloped District -3 (UD-3) land use district and has a residential land use classification. EXISTING ZONING: R-3, Residential. A Church is a conditional use in the R-3 zoning district. Planning Director Barry Brown stated that this request is an extension of a previously approved CUP for this church. The proposed use is consistent with the land use designations and the zoning. The church is well located to serve the residents of the area and therefore staff recommends approval with the conditions as outlined in the Commissions packet. Vice Chairman Renick asked if there was anyone present who wished to speak in regard to this case. Pastor Daryl Forehand, 419 W. 8~' Street, Lakeland, FL. was sworn in and asked the Commission if they had any questions. Commissioner Tegen asked the reason for the extension. It was explained by Pastor Forehand that the process of having the survey done was a very long one. Commissioner Rauch asked if the church had sufficient financial backing and was assured that it does. A motion was made by Richard Tegen to recommend approval of Phis request. The motion was seconded by Misty O'Bar and approved by a unanimous vofe. 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Nay Nay's Playhouse, Renee Lowe and Tara Schultz OWNER: KWM Corp. REQUEST: For a Conditional Use Permit to allow the operation of a child care center for children ages 6 weeks to 12 years old. GENERAL LOCATION: West S.R. 50, west of the IGA. EXISTING LAND USE: The subject property was formerly the location of the Budget Insurance office. To the east is the IGA, to the south and west is the Emerald Lakes CI TY OF CLERMONT MINUTES L~ PLANNING AND ZONING COMMISSION February 1, 2000 Page - 3 - subdivision, and to the north across S.R. 50 is the Catholic Church. FUTURE LAND USE: The subject property is in the Nori=Established District - 1 (NED- 1)land use district and has Commercial land use classification. The requested use is allowed in both land use designations. EXISTING ZONING: C-2, Commercial. A child care facility is a conditional use in the C- 2 zoning district. Planning Director Barry Brown stated that the proposed uses are consistent with the land use designations and the zoning. Planning Director Brown suggested however that the owners be granted an additional six months in order to comply with condition 7 of staffs recommendation. Vice Chairman Renick asked if there was anyone present who wished to speak in regard to this case. Renee Lowe, 15537 Kensington Trail, Clermont, FL, and Tara Schultz, 130 E. Swanson Street, Groveland, FL. were sworn in. Mr. Howard Berry, 439 Carroll St., Clermont, FL. was sworn in and expressed concern with the traffic pattern at the location. He was assured that the site could be accessed from S.R. 50 as well as from Emerald Lakes Plaza Drive and there would be good traffic circulation. After a brief discussion a motion was made by Bill Rauch to approve the CUP wifh a 6 month extension to allow the owner to comply with condition number 7. Misty O'Bar seconded and the motion was approved by a unanimous vote. 3. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Maury L. Carter & Associates, SOLO Development Corporation OWNER: Carter-Hancock Road Land Trust REQUEST: For Conditional Use Permit to construct a convenience store, gas station, restaurant, and retail store. GENERAL LOCATION: The property is located at the Southeast corner of S.R. 50 and Hancock Road. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION February 1, 2000 Page - 4 - SIZE OF PARCEL: 4+/- acres. EXISTING LAND USE: The subject parcel and property to the north, east, and west is vacant. To the south is the Hills of Clermont subdivision. FUTURE LAND USE DISTRICT: The subject property is classified as Commercial. The requested uses are allowed in the Commercial land use classification. EXISTING ZONING: C-2 Commercial. The convenience store is a conditional use in the C-2 zoning district. Planning Director Barry Brown stated that the applicant has requested a Conditional Use Permit to construct a convenience store, gas station, restaurant ,and retail store. The proposed uses are consistent with the land use designations and the zoning. The uses are well located to serve the residents of the area and therefore staff recommends approval. Planning Director Brown stated that the applicant has requested that item number 2 in Section 4 be revised to not limit the access to the site from Hancock Road to right-in and right-out only. Vice Chairman Renick asked all those present who wished to speak in regard to this case be sworn in. Sworn in was Daryl Carter, 908 S. Delaney St. Orlando, FL. 32806, Louis Levine, 3811 Scarborough Court, Clermont, FL., John Ballott, 3526 Westerham Dr, Clermont, FL., Glenda Holzman, 4243 Newland St., Clermont, FL., Scott Gentry, 809 Appleton Ave, Orlando, FL. Jeff Douglas, 415 N.W.Ivanhoe Blvd. Orlando, FL., Tony Luke, 29 E. Pine St., Orlando, FL. Mr. Carter asked, regarding the requested change to item number 2, Section 4, that the engineers for the project be given the opportunity to relocate the entrance or redesign the roadway to allow for a full entrance on Hancock Road. Director Brown, explained that there will need to be plenty of distance between S.R. 50 and the entrance to have both a turn lane coming into the project and a turn lane going west on S.R. 50. Mr. Levine expressed concern about stacking in the turn lane and safety of cars exiting the property and cars traveling on Hancock Rd. His concern was answered by Tony Luke, a traffic engineer who agreed that changes should be made in order to accommodate the traffic. Mr. Luke said the matter would be taken up with Lake County. Mr. Douglas indicated that another matter to be discussed with the County is the grading of the hill at that intersection to lower the slope and improve visibility. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION February 1, 2000 Page-S- Commissioner Paquette expressed the opinion that the right-in and right-out needs to be in place on Hancock Rd. Glenda Holzman asked what type of restaurant would be built on the site. Will it be a fast food or sit down restaurant? Scott Gentry indicated that they would seek a sit down type of restaurant, or possibly a bank or professional office, but that they would not rule out the possibility of a fast food restaurant. Misty O'Bar asked if the specification was included that a restaurant could not have a drive thru window and requested that it be added. Mr. Carter asked for clarification as to where Misty O'Bar does not want to see a drive thru window at a restaurant. Her reply was that a walk up window would be alright but not a fast food drive thru window. Mr. Carter indicated that they want flexibility for the corner parcel but would agree to no fast food drive thru window on the south two parcels. Chairwoman Renick stated she was uncomfortable addressing the project at this time since there had been no workshop with the City Council concerning the east Highway 50 corridor. Planning Director Brown assured her that this property already has a commercial land use and that this is the best location for a gas station at this intersection. Commissioner Charles Forth requested that Section 5, Landscaping include that landscaping shall have an automatic irrigation system that shall be maintained. He also suggested that a "no turn on red sign" be erected at the corner of Hancock Rd at S.R. 50. According to City Attorney Guthrie you can not make a "no turn on red sign" a condition of a CUP. Mr. Carter stated he has no problem making a "no turn on red" corner, however DOT and the County are the agencies that will determine if that is necessary. Mr. Douglas indicated that the County will not let something happen that is not safe from an engineering standpoint. Charles Forth made a mofion fo approve the CUP with the following amendments: access from Hancock Rd. shall be right-in right-out only unless otherwise approved by • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION February 1, 2000 Page-6- Lake County engineers and the City engineer. Under item number 1. Section 5„ landscaping if shall be in excess of code and serviced b`v an automatic sprinkler sysfem and maintained. There will be no restaurant drive fhru windows on the two southern parcels. The motion was seconded by Richard Tegan. After a roll ca!! vofe the motion passed with a vote of 6 to 1, with Ms. Renick votin_g nay. 4. REQUEST FOR A 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-Marsh Road. And will relocate professional office uses from Parcel "E" at the corner of U.S.27 and Hartwood-Marsh Road to Parcel "D" at the northwest corner of the property. GENERAL LOCATION: The property is located at 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, amixed-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. FUTURE LAND USE CLASSIFICATION: The subject property is classified as Mixed- use Classification 1. The requested uses are allowed in this land use classification. EXISTING ZONING: PUD. Planning Director Barry Brown stated that the applicant wishes 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 • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION February 1, 2000 Page - 7 - 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-Marsh Rd. And will relocate professional office uses from Parcel "E" at the corner of U.S. 27 and Hartwood-Marsh Rd. to Parcel "D" at the northwest corner of the property. The requested changes have been approved by East Central Florida Regional Planning Council and the Department of Community Affairs, and the impacts of these changes have already been addressed in the DRI review process. In addition City staff supports the relocation of the C-2 General Commercial from the northwest corner of the property to the corner of U.S. 27 and Hartwood-Marsh. 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 to the PUD are consistent with the assigned land use designations, therefore, staff recommends approval with the conditions as outlined in the Commissions packet. Sworn -Dwayne Booth, with Farner, Barley & Associates, 350 N. Sinclair Ave., Tavares, FL. Project engineer representing Lennar Homes who is requesting relocation of the retail shopping center area. One of the reasons is for better traffic access. Vice Chairman Elaine Renick called for those who wanted to comment to be sworn in. Due to the large response she requested that perhaps points already made would not have to be heard again. Sworn -Robert Milkman, 2123 Braxton St., Clermont, FL. Read a prepared statement that is attached and shall become part of these minutes. His objection to the CUP is that residents were told that the supermarket would be near the main entrance not close to any residence. They were mislead by Lennar and respectfully request that the CUP be denied. Sworn -Charles Graves, 4218 Chamberlain Way, Clermont, FL, Read a prepared statement that is attached and shall become part of these minutes. He reiterated Mr. Milkman's concerns. Sworn -Jack Crandle, 2113 Braxton St., Clermont, FL Collected and presented to the Commission a list of 130 signatures of residents of Kings Ridge who are opposed to the CUP. If they had more time there would have been more signatures. The only notification the residents received of this proposed change was from the City of Clermont. This list is attached and shall become part of these minutes. Sworn -Rene Kingstone, 4215 Chamberlain Way, Clermont, FL. agrees with statement delivered by Mr. Milkman but also added that the CUP would adversely effect the senior citizens in the development. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION February 1, 2000 Page - 8 - Sworn -Carol Prising, 2149 Winsley St., Clermont, FL. Said she has lived in many large cities and doesn't know why people want to ruin a beautiful town like Clermont. She stated that Lennar wants to make money, but she fails to understand why the Commission and others would allow Lennar to ruin the community. Sworn -Lorraine Hoffman, 2153 Winsley St., Clermont, FL. Build supermarket and stores where there are no residences right next to it. Sworn -Carol Magliaro, 4225 Kingsley St., Clermont, FL. Lennar lied in order to sell homes. She was told 6 months ago that Hartwood-Marsh Road would be a country road for at least 5 to 10 years. The truck traffic even now is awful. Sworn -Marion Moore, 4234 Newland St., Clermont, FL. Stated she lives in Kings Ridge and also has a home in the Whitehall Section for her mother who has breathing problems, and will be detrimentally affected by having the additional traffic and noise from a shopping center. Sworn -Charlotte Crandle, 2113 Braxton St., Clermont, FL. Asked that the Commission members go see the site of the proposed commercial space. Sworn -Sol Holtzman, 4243 Newland St., Clermont, FL. Stated that Lennar officials informed him that it was not their desire to switch uses but that the county was mandating it. Lennar has never informed the residents that this was coming about. This either needs a lot more study or a quick defeat. Elaine Renick closed the public portion so the Commission could discuss the matter. Planning Director Barry Brown explained the application process to those in attendance. They were surprised and dismayed to find out that Lennar made application for this CUP on September 3, 1999 and they, as residents of Kings Ridge had not been informed by Lennar. Sworn -Glen Prising, 2149 Winsley St. Clermont, FL. Asked the members of the Commission to look into their conscience when deciding on this CUP. Commissioner Richard Tegen inquired as to whether he should abstain from voting since he lives in Kings Ridge. City Attorney Guthrie said there was no conflict of interest and that it would be alright for Mr. Tegen to participate in the vote. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION February 1, 2000 Page - 9 - Elaine Renick stated to Mr. Booth that in her opinion there should have been some kind of meeting with the residents of the Kings Ridge neighborhood before this matter came before the Commission. People bought in good faith that they would be near office buildings and not commercial stores. Sworn -Hal Horowitz, 4216 Chamberlain Way, Clermont, FL. Stated the "gated" community wilt loose privacy because the construction gate is open and unattended 6 days a week. Also stated that the residents were not informed when the firehouse was moved. Elaine Renick asked Mr. Booth if these changes came about because it is actually good for the community or because the retail stores will make more money being on the corner of U.S. 27 and Hartwood-Marsh Road. Mr. Booth advised that the reason for the change is to accommodate traffic in a safer way. Commissioner Charles Forth made a motion to table the matter until the March 7~' Commission meeting to give the developer the opportunity to show that the reason for moving the retail stores is for safety reasons. Have the developer provide documentation from D.O.T. or the Count that the reason fo move is for safet reasons. _The motion was seconded bY8i11 Rauch. Aftera roll call vote, the motion passed with a vote of 6 to 7 with Ms. Renick voting nay. New Business :Election of Officers. Misty O'Bar nominated Elaine Renick to serve as Chairman of the Commission. The nomination was seconded by Charles Forth and unanimously agreed upon. Bill Rauch nominated Charles Forth to serve as Vice Chairman of the Commission. The nomination was seconded by Misty O'Bar and unanimously agreed upon. Planning Director Barry Brown asked the Commission for some dates for the joint workshop that he could present to the City Council. The dates put forth as possible meeting dates were Feb. 24, Mar. 4,9,11, and 23, 2000. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION February 1, 2000 Page -10 - Elaine Renick announced that she was serving on a new committee, the Ordinance Review Committee, and would appreciate input from the Commission. There being no further business the meeting was adjourned. .. r~ Elaine Renick, Vice-Chairman ATTEST: ~ i ~~ ,~ L f~-: Jan~erC~ McAllister - F)lanning Technician 2