05-04-1999 Regular Meeting. ~~
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
MAY 4,1999
The meeting of the Planning & Zoning Commission was called to order Tuesday, May
4, 1999 at 7:00 P.M. by Chairman Robert Smythe. Members present were Joseph
Janusiak, Charles Forth, Matt Modica, Wanda Andrews, Michael Floyd, Elaine Renick,
Bill Ruach and Misty O'Bar. Also attending were Barry Brown, Principal Planner and
Mimi Ogden, Planning and Zoning Specialist.
MINUTES of the Planning and Zoning Commission meeting held April 6, 1999 were
approved as presented.
1. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: Orlando Christian School
LOCATION: 100 North Grand Highway
REQUEST: Request for a Conditional Use Permit to allow the operation of a Church
and Christian School with temporary grass parking.
Principal Planner Brown explained that the subject site is situated on the southwest
corner of the intersection of Grand Highway and Mohawk Road. Land use of the
surrounding area includes vacant property and the Citrus Tower to the west, vacant
property and a future movie theater to the south, vacant property to the north, and the
Church of the Nazarene to the east. Zoning of the subject parcel is C-2, General
Commercial Business District.
The request is consistent with existing zoning, the Future Land Use Classification
(institutional) and the Future Land Use District Designation (UD-5). Staff recommends
approval of the request for the church and school with the conditions as outlined in the
Commissions packet.
Mr. Brown explained that condition #6 would allow the applicant to utilize grass parking
temporarily unit the roadway improvements have been made to Grand Highway and
Mohawk Road. The applicant will also be dedicating right-of-way along Grand Highway
and Mohawk Road for future improvements to the road.
Member Wanda Andrews asked Dr. Lloyd Meyer, asked how many students would be
in the facility.
Dr. Meyer stated that approximately 250 students could be accommodated in both the
church and the parsonage.
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After a brief discussion, a motion was made by Wanda Andrews to recommend
approval to the City Council as presented by staff, seconded by Misty O'Bar and
approved by a unanimous vote.
2. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: U.S. Leader Development Co., Inc.
LOCATION: Parcel generally located at the southeast corner of State Road 50 and
Grand Highway.
REQUEST: A request for a Conditional Use Permit to allow the construction of a
convenience store/gas station, car wash, and restaurant.
Principal Planner Brown explained that the subject property is zoned C-2 (General
Commercial), classified commercial land use, and is designated Future Land Use District
UD-2. The requested uses are consistent with the land use designations and directives of
the Comprehensive Plan for commercial expansion. Therefore, staff recommends
approval of the proposed uses with the conditions as outlined in the Commissions packet.
In reference to condition #8, Mr. Brown explained that this would require the access from
Highway 50 to be a right in only and also would require a decel lane to be constructed.
Condition #9 requires the permittee to dedicate ten (10) feet of right-of-way the length of
the site adjacent to Grand Highway for conformance with adopted collector roadway
standards. Condition #10 requires the developer to construct a northbound right turn
lane on Grand Highway at the intersection of S.R. 50.
At the time Chairman Smythe asked all those present who wished to speak in regard to
this case to be sworn in.
Persons sworn in were Mr. Keith Carson of 616 Vandenberg Street, Altamonte Springs,
Florida and Mike Studney of 1420 Alafaya Trail, Oviedo, Florida.
Member Elaine Renick asked if this site could be served with the frontage road east of
the property, rather than having an ingress from Highway 50.
Mr. Carson explained that patrons would have to pass the subject property, turn onto
the frontage road and then go back west to the convenience store.
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Member Wanda Andrews asked if they could not have both the ingress and egress on
Grand Highway, with no ingress on Highway 50.
Mr. Studney explained that the idea of a convenience store is for convenience, locating
the only means of ingress/egress to the site on Grand Highway would not be
convenient for most of the public.
Member Charles Forth stated he was concerned with the traffic pattern, in that the
traffic entering the site from Highway 50 would, upon entry to the site, be in the middle
of a east/west traffic flow. Further noting that he feels the ingress on Highway 50
should be relocated further east.
Mr. Studney explained that the traffic entering from Highway 50 would have the right-of-
way and the east/west traffic would have stop signs.
After further discussion, a motion was made by Michael Floyd to recommend approval
of the request to the City Council as presented by Staff. The motion was seconded by
Joseph Janusiak.
Member Charles Forth stated he could not support this motion without requiring the
deceleration lane to be moved to the far east corner of the property.
Member Wanda Andrews stated she did not support an entry from Highway 50 at all.
The motion failed with a vote of 3 to 5 with members Charles Forth, Elaine Renick,
Misty O'Bar, Matt Modica and Wanda Andrews voting nay.
3. REQUEST FOR REZONING
APPLICANT: Chester C. Fosgate Co., Attn: Darryl Carter, V.P.
LOCATION: Parcel generally located at the northeast corner of State Road 50 and
North Hancock Road.
REQUEST: A request for rezoning from R-R Rural Residential to C-2 General
Commercial Business District.
Principal Planner Brown explained that the subject property consists of 6.09 acres of
vacant land that has commercial land use classification and is zoned R-R. This property
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PLANNING AND ZONING COMMISSION
MAY 4,1999
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is part of a larger 40.77 acre parcel, 34.68 acres of which is already zoned C-2
Commercial. The Commission recently changed the land use classification of this property
from residential to commercial. The purpose of the request is to make the underlying
zoning consistent with the Commercial land use classification. This request is an allowable
use in the UD-5 (Undeveloped District-5) land use district.
At the time Chairman Smythe asked all those present who wished to speak in regard to
this case to be sworn in.
Persons sworn in were Doug Kelly of 214 East Lucerne Circle, Orlando, Florida and
Darryl Carter of 908 South Delaney, Orlando, Florida.
A motion was made by Wanda Andrews to recommend approval of this request to the
City Council, seconded by Michael Floyd and approved by a unanimous vote.
4. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: SOLO Development Corporation
LOCATION: Parcel generally located at the northeast corner of State Road 50 and
North Hancock Road.
REQUEST: The applicant is requesting a Conditional Use Permit to allow the
construction of a commercial project consisting of a shopping center with up to 247,000
square feet of floor area and five (5) out parcels.
Principal Planner Brown explained that the subject property is approximately 40 acres
and has C-2 General Commercial zoning. Commercial development proposed for the
site is consistent with the future land use classification (Commercial), the land use
district designation (UD-5) and commercial locational directives of the Comprehensive
Plan.
Recognizing the subject site meets all future land use directives and zoning
requirements for the proposed use, Staff recommends approval of the Conditional Use
Permit for the Shopping Center and the out parcels subject to the conditions as outlined
in the Commissions packet with a few revisions.
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MAY 4,1999
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Principal Planner Brown stated that the developer has entered into an access
agreement with Lake County and the City of Clermont that will determine the access
and the decel lanes to be constructed at this site. Regarding Section 1, Condition #4,
the applicant has asked that an additional sentence be added that states "In the event
of any conflict between this resolution and the City codes, regulations and ordinances,
this resolution would control". This is understood, however, the applicant would like this
added for clarification. The applicant has requested that an additional year (for a total
of two years) be added to Section 1, Condition #6, which would extend the time frame
allowed to begin construction. However, the code specifically allows one year to start
construction, the Commission is therefore unable to change the allowable time frame to
start construction.
Regarding Section 3, Condition #3, Mr. Brown stated he would like to delete the first
seven lines and replace that with language that is a little plainer stating "Based upon
results of the traffic study as referenced in Item 2 above, the City may require that
transportation improvements necessitated by the portion of the project for which a
building permit is sought be in place or committed to be in place within three (3) years
from the date of issuance of said building permit; otherwise, the City may refuse to
issue said building permit". Mr. Brown further suggested that "nothing herein shall be
construed to limit the right of the applicant to pursue all available remedies to dispute
any specific transportation improvements which may be required by the City" and add
"per the traffic study" to the sentence project specific on-site/off-site transportation
improvements consistent with identified project impacts.
The applicant has also requested that "per the conceptual site plan as attached" be
added to the request portion which now states "the applicant is requesting a Conditional
Use Permit to allow the construction of a commercial project consisting of a shopping
center with up to 247,000 square feet of floor area and five (5) out parcels".
Member Misty O'Bar noted that the site plan indicates a store that is 180,000 square
feet. The Ordinance that was recently passed by the City Council limits the allowable
square footage of a retail store to 100,000 square feet.
Principal Planner Brown explained that the Ordinance states "a single retail
establishment shall be limited to 100,000 square feet". It is not limiting the size of a
single structure, only the size of a single retail establishment.
Member Charles Forth stated that he could not approve the applicants request to add
language that this Resolution will take precedence of City Code. Mr. Forth suggested
CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
MAY 4,1999
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that verbiage be added that this will allow a retail store up to 100,000 square feet or
retail stores up to 180,000 square feet.
Member Elaine Renick asked when North Hancock Road would be constructed.
Mr. Brown explained that the portion of Hancock Road up to the College site should be
constructed by August, before classes start in the fall.
Mr. Darryl Carter stated that he had spoken with the County and they indicated that
construction on the Road should begin within a couple of weeks.
Member Elaine Renick asked why they cuts on Highway 50 could not be eliminated,
leaving access to the site from North Hancock Road only.
Mr. Carter explained that the conceptual plan before the Commission was sent to
FDOT, Lake County and the City of Clermont for review. The plan before the
Commission is the result of meetings with City Staff, the City Council, Lake County and
FDOT. Mr. Carter further explained the proposed roads both within the project and
surrounding the project. The project site has approximately one half mile of frontage on
Highway 50 and within this frontage there are only two access points on Highway 50.
Principal Brown further explained that the cuts on Highway 50 are right in and right out
only.
Member Wanda Andrews stated that she felt the project should be served by a frontage
road.
Principal Planner Brown explained that there are frontage roads from North Hancock
Road to Oakley Seaver Drive. There is no rational to support a frontage road to serve
this project.
Mr. Carter explained that the what degrades the carrying capacity of a road is signalized
intersections, not the right in and right out cuts.
Member Matt Modica asked Mr. Carter to describe the existing topography of the
subject property.
Mr. Carter explained that the site slopes from North Hancock Road toward Greater
Hills. No grading plan has been prepared for the project at this time. Mr. Carter stated
that a portion of the property would actually have to be filled.
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MINUTES
PLANNING AND ZONING COMMISSION
MAY 4,1999
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Member Elaine Renick stated her concern with filling the large ravine is that this would
be destroying the natural topography of the land. Perhaps the Commission should
postpone hearing this request until the City Council adopts grading regulations that
require a developer to follow more closely the natural topography of the land.
Principal Planner Brown stated that he felt the Commission should make a
recommendation one way or the other, but you could include a statement to the City
Council that they should consider delaying approval until ordinances addressing grading
are in place.
Member Matt Modica suggested that the applicant be required to conform to the
upgraded landscape regulations when they are adopted.
Member Wanda Andrews stated she felt there were too many unanswered questions
for her to support this project.
Members Matt Modica and Elaine Renick stated that they did not feel as though they
could support this project until the Council adopts a grading regulation that will prevent
the destruction of the hills.
After further discussion, Principal Planner Brown noted that he has had adequate time
to review this project and Staff believes that this is a very good project at the right
location that will provide services that are needed by the community.
A motion was made by Wanda Andrews to recommend denial of the request to the City
Council. The motion was seconded by Elaine Renick. The motion failed with a vote of
4 to 5, with Members Robert Smythe, Joseph Janusiak, Bill Rauch, Michael Floyd and
Charles Forth voting nay.
Motion by Charles Forth to recommend approval of the request to the City Council, with
the site Qlan being amended to read 180 000 square feet of retail stores; Section 1. #4
not being changed all City Codes and Regulations must be met: Section 3. #3 being
changed (as noted above) • and that the City Council be advised that the Commission
has reservations dealing with the severe rig of this property and ask that the City
Council take this info consideration for any additional requirements that they may
impose for the protection of the hillsides. The motion was seconded by Bill Ruuch. The
motion was approved with a vote of 5 to 4 with Renick O'Bar, Modica and Andrews
voting nay.
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MINUTES
PLANNING AND ZONING COMMISSION
MAY 4,1999
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A motion was made by Wanda Andrews that the City Council amend the Ordinance
limiting the size of a single retail establishment to 100.000 s. f. to state "no commercial
building of more than 100,000 s.f.'; the motion was seconded by Matt Modica and
approved by a unanimous vote.
Member Bill Rauch made a motion that as soon as possible, the City Council consider
changes to the Land Development Regulations, the motion was seconded by Wanda
Andrews. Member Charles Forth suggested that the motion be amended to include a
request from the Commission to hold a workshop with the City Council regardinc, jthe
Land Development RecLulation changes. The maker of the motion and the second
amended the motion and the motion was approved by a unanimous vote.
5. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Skytop Incorporated and South Lake Hospital
GENERAL LOCATION: Parcel generally located north of State Road 50, approximately
1,400 feet east of Citrus Tower Blvd. (aka East Jacks Lake Road).
REQUEST: A request to amend the previously approved PUD, Resolution #1032, to
allow for construction of a restaurant in conjunction with the office buildings previously
approved.
Principal Planner Brown explained this is a request to amend a previously approved
PUD. The PUD before the Commission is the same as the previously approved PUD
with the addition of a restaurant. Physical location essentially provides the site as a
portion of the developing institutional/professional area locating between North Hancock
Road and Citrus Tower Boulevard. Specific location provides the site between SR 50
and the planned reverse frontage road that will parallel SR 50.
Based upon compliance with future land use directives of the City, and consistency with
established development patterns of the area, Staff recommends approval of the
Conditional Use Permit/Planned Unit Development with the conditions as outlined in the
Commissions packet.
A motion was made by Matt Modica to recommend approval of the request to the City
Council as presented by Staff. The motion was seconded by Misty O'Bar and approved
by a unanimous vote.
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PLANNING AND ZONING COMMISSION
MAY 4,1999
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There being no further business the meeting was adjourned.
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Robert Smythe, C irman
ATTEST:
ib'Itrrtr$gd~, Planning and Zoning Specialist
Shoes-ors m~r~-~r~