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