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08-03-1999 Regular Meeting • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION AUGUST 3,1999 The meeting of the Planning & Zoning Commission was called to order Tuesday, August 3, 1999 at 7:00 P.M. by Vice Chairwoman Elaine Renick. Members present were Joseph Janusiak, Charles Forth, Bill Rauch, Matt Modica, Wanda Andrews and Misty O'Bar. Members Michael Floyd and Robert Smythe were absent. Also in attendance were Barry Brown, Director of Planning and Mimi Ogden, Planning and Zoning Specialist. MINUTES of the Planning and Zoning Commission meeting held July 6, 1999 were approved as presented. 1. APPLICATION FOR A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT APPLICANT: Brossier Company OWNER: Lucas Clermont Limited REQUEST: A Small Scale Comprehensive Plan amendment changing the Land Use Classification from Residential to Commercial for the purpose of constructing on site water retention and additional parking to support a proposed movie theater. LOCATION: The subject property is located North of S.R. 50 and West of Citrus Tower Blvd. and West of the future Oakley Seaver Drive. SIZE OF PARCEL: 2.73 acres of a larger 13.67 acre parcel. 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, to the south is the proposed theater site, to the North and West is vacant, but currently under review for a single family residential development. FUTURE LAND USE: Residential. 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 Brown explained that the applicant is proposing to develop a commercial project that will include a movie theater and two out parcels planned for restaurants. The requested land use amendment is to change 2.73 acres of a larger 13.67 acre parcel from Residential to Commercial land use classification. This will • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION AUGUST 3,1999 Page-2- enable the developer to provide on-site water retention and the required number of parking spaces. The request is in accordance with the City's Future Land Use Map and with criteria established for the UD-5 land use district. Given the project's compliance with the Future Land Use Map and the master plan for this area, staff recommends approval. Vice Chairman Renick asked all those present who wished to speak in regard to this case to be sworn in. Persons sworn in were Bob Reese of 952 Moss Lane, Winter Park, Florida. Mr. Reese briefly explained the need for the Comprehensive Plan Amendment, Rezoning and gave a brief synopsis of the proposed development which would include a Conditional Use Permit for a cinema and two restaurants. Mr. Reese explained that the access points, as shown on the conceptual site plan, have been reviewed and approved by FDOT and Staff. Member Matt Modica asked the status of the traffic study that was being conducted for this area. Planning Director Brown explained that other developers in this area have produced a traffic study known as the northeast Clermont transportation study. The subject property was not included in that study, the developer will be performing their own study for this project. The State does have programmed a PD & E study for the year 2003. The City is working with Orange County and other municipalities such as Winter Garden and Ocoee to get the State to move the date forward and have the study conducted as soon as possible. Member Charles Forth asked Mr. Reese what the impact would be on the project if the right-in and right-out onto Highway 50 were to be eliminated. Mr. Reese stated that they would probably be unable to have the restaurants with no access from Highway 50. Further discussion followed regarding traffic impacts, traffic patterns and landscaping. Member Charles Forth stated that he would suggest the landscape buffer be extended on the north side of the property to include the water retention area. Mr. Reese explained that the proposed signage for the property only allows the signs on the out-parcels to be twelve (12) feet in height and a maximum of 100 square feet. The proposed cinema sign to be twenty-four (24) feet in height and a maximum square footage of 200 square feet. • • CI TY OF CL ERMONT MINUTES PLANNING AND ZONING COMMISSION AUGUST 3,1999 Page-3- A motion was made by Charles Forth to recommend aparoval of this request as presented Staff The motion was seconded by Bill Rauch and approved by a unanimous vote. 2. REQUEST FOR REZONING APPLICANT: Brossier Company OWNER: Lucas Clermont Limited REQUEST: Rezone 4.7 acres from Urban Estate to C-2 Commercial for the purpose of constructing on-site water retention and additional parking to support a proposed movie theater and restaurant project. LOCATION: The subject property is located North of S.R. 50 and West of Citrus Tower Blvd. and West of the future Oakley Seaver Drive. SIZE OF PARCEL: 4.7 acres of a larger 13.67 acre parcel. 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, to the South is the proposed theater site, to the North and West is vacant, but currently under review for a single family residential development. FUTURE LAND USE: Residential. 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. STAFF RECOMMENDATION: The applicant is proposing to develop a commercial project that will include a movie theater and two out parcels planned for restaurants. The requested rezoning is to change 4.7 acres of a larger 13.67 acre parcel from Urban Estate to C-2 Commercial. This will enable the developer to provide on-site water retention and the required number of parking spaces. The request is in accordance with the City's Future Land Use Map and with criteria listed in the UD-5 district language. Given the project's compliance with the Future Land Use Map and the master plan for this area, staff recommends approval. A motion was made by Charles Forth to recommend approval of this request as presented by Staff The motion was seconded by Misty O'Bar and approved by a unanimous vofe. C~ • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION AUGUST 3,1999 Page - 4 - 3. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Brossier Company OWNER: Lucas Clermont Limited REQUEST: A Conditional Use Permit to construct 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 Citrus Tower Blvd. and West of the future 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. STAFF RECOMMENDATION: The applicant is proposing to develop a commercial project that will include a movie theater and two out parcels planned for restaurants. The request is in accordance with the City's Future Land Use Map and with criteria established for the UD-5 land use district. Given the project's compliance with the Future Land Use Map and the master plan for this area, staff recommends approval with the conditions as outlined in the Commissions packet. Vice Chairman Renick noted that the site plan shows a drive thru window on the Sonny's restaurant and questioned if the other restaurant would also have a drive thru and if it would be a fast food restaurant. Mr. Reese stated the second restaurant would also be a sit down restaurant. A motion was made by Charles Forth to recommend aQaroval of this request as resented b Staff with a re uirement that the landsca a buffer on the north side of the • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION AUGUST 3,1999 Page - 5 - property be extended to include the WRA with the enhanced landscaping to include 3" trees, and the signacle to be no greater than that as stated in Staffs recommendation. Member Forth asked if when Staff reviewed the proposed site plan, was a drive thru considered at both outparcels or only one. Planning Director Brown stated that Staff was reviewing the plan with one drive thru, however, there would not necessarily have been a problem with there being a drive thru at both locations. Mr. Reese explained that most of the sit down restaurants do have a pick up window. Member Charles Forth added to his motion that both out parcels be allowed only pickup windows, no drive thru windows. Further discussion followed. Mr. Reese stated that Sonny's restaurant would not locate at this site if they can not have a drive thru windows. Member Charles Forth amended his motion to allow one drive thru window on one out parcel only. as indicated on the conceptual site plan. Discussion followed with several members of the Commission noting their concerns with the traffic that a fast food restaurant could generate and expressing the desires that the project be a more upscale project than what would typically be associated with fast food restaurants. Mrs. Charlene Forth of 939 West Desoto Street, Clermont, Florida was sworn in. Mrs. Forth stated that the Sonny's restaurant in Pine Hills has become a fast food restaurant with the drive thru window. Mrs. Forth stated that she believes the restaurant would flourish if it were only a sit down restaurant. Member Charles Forth restated his motion to recommend approval of this request as presented by Staff, with a requirement that the landscape buffer on the north side of the property be extended to include the WRA with the enhanced landscaping to include 3" trees, the signage to be no greater than that as stated in Staffs recommendation and allow one drive thru window on one out parcel only as indicated on the conceptual site plan. The motion was seconded by Misty O'Bar. The motion passed with a vote of 6 fo 1 with Member Andrews votin_cLnay. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION AUGUST 3,1999 Page - 6 - 4. REQUEST FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT APPLICANT: Lowder Construction Company, Inc. OWNER: Chester C. Fosgate Company REQUEST: A Conditional Use Permit for a Planned Unit Development to construct 300 apartment homes. LOCATION: Between Citrus Tower Blvd. and North Hancock Rd. on the North side of the future extension of Oakley Seaver Drive. The subject property is North of the South Lake Hospital property. SIZE OF PARCEL: 25 acres EXISTING ZONING: Rural Residential. Zoning to the east and west is Rural Residential, to the north is R-1 and to the south is PUD. EXISTING LAND USE: Vacant. Property to the west is vacant, property to the north and east is currently vacant but has been approved for single family residences, and property to the south is the South Lake Hospital complex. FUTURE LAND USE: Residential. Property to the north, east, and west is also classified Residential land use. The hospital complex to the south is Institutional land use. The subject property and all surrounding properties are in the Undeve{oped District-5 (UD-5) land use district. Planning Director Brown explained that the applicant is proposing to develop a 300-unit apartment home community. According to the directives of the UD-5 Land Use District, a density of up to 12 units per acre is allowed if the project is approved as a PUD. The request is in accordance with the City's Future Land Use Map and criteria established for the UD-5 land use district. Given compliance with the Future Land Use Map and proximity to the new hospital and college, staff recommends approval with the conditions as outlined in the Commissions packet. Mr. Brown further explained that the proposed conditions would require that the developer extend Oakley Seaver Drive and water lines easterly to the east property line. The conditions also include an enhanced landscape buffer between the subject property and the residential development to the north and a fifty (50) foot setback from the north property line. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION AUGUST 3,1999 Page-7- Vice Chairman Renick asked all those present who wished to speak in regard to this case to be sworn in. Persons sworn in were Daryl Carter of 908 South Delaney Avenue, Orlando, Florida and Robert M. Hardwich of 1736 Radcliff Road, Montgomery, Alabama. Mr. Hardwich gave a synopsis of the proposed project and a brief background of his company. Member Matt Modica explained that the Commission has tried to minimize densities in this area and that he could not support a zoning change to allow apartments. Mr. Carter stated that they believe this to be an appropriate location for the apartments with the hospital and college nearby. Member Wanda Andrews expressed her concerns with traffic for a project of this density. Mr. Carter explained that the proposed use is consistent with the Citys comprehensive plan which allows up to 12 units per acre in this area. Member Elaine Renick stated that this is a good location for the apartments, but because there are so many multi-family units that have already been approved, she does not feel she can support this project. Mr. Carter explained that with the Hospital, the College and the Olympic training facility that will be built in the future, there is going to be a demand for apartments in this area. Member Misty O'Bar asked why the developer wanted to build at the highest possible density. Mr. Hardwich explained that there are fixed costs that are involved in developing this type of project, the higher density is necessary to make the project feasible. Member Charles Forth stated that his concern is that the conceptual plan does not provide traffic information nor does it appear to provide recreational amenities for the residents that would live within the proposed development. Member Wanda Andrews stated that she felt upscale homes would be better suited for this property, with the hospital and college nearby. The traffic study that was done for this area shows that Highway 50 will drop to a level of service D. • CI TY OF CL ERMONT MINUTES PLANNING AND ZONING COMMISSION AUGUST 3,1999 Page-8- Mr. Carter noted that the proposed conditions for this project requires the developer to extend Oakley Seaver Drive to the eastern end of this property, which will eventually be extended to Hancock Road. Mr. Carter asked how the City would accomplish the extension of the road without a developer to assist in the cost of construction. Mr. Carter explained that his company originally owned 1,200 acres which could have all been developed at 4 units per acre, for a total of 4,800 units. All of the developments that are being built today on this property total less than one-half the density that could have been permitted. Mr. Hardwich stated that he feels that his project is being punished for what other developers have done. Member Charles Forth stated that his intent is not to apply something based on something that has happened in the past. Mr. Forth stated that the materials submitted with the application do not meet the requirements of Section 122-316 of the Citys code. After further discussion, a motion was made by Charles Forth to table the application until the September 7 Commission meeting the motion was seconded by Wanda Andrews. Mr. Hardwich stated that he would not have much more information for the Commission in thirty days and asked that the Commission vote on the project rather than table the project. The motion failed with a vote of 2 to 5. A motion was made by Wanda Andrews to recommend denial of the request to the City Council. The motion was seconded by Matt Modica. The motion Qassed with a vote of 4 to 3 with members Janusiak. Rauch and Forth votin_q_nay., There being no further business the meeting was adjourned. Elaine Renick, Vi e-Chairman ATTEST: Mim' Ogden, Planning and Zoning Specialist