04-06-1999 Regular Meeting• •
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
APRIL 6,1999
The meeting of the Planning & Zoning Commission was called to order Tuesday, Apri16, 1999
at 7:00 P.M. by Vice Chairman Elaine Renick. Members present were Joseph Janusiak, Charles
Forth, Matt Modica, Wanda Andrews and Michael Floyd. Members absent were Robert Smythe,
Misty O'Baz and Bill Rauch. Also attending were Barry Brown, Principal Planner and Mimi
Ogden, Planning and Zoning Specialist.
MINUTES of the Planning and Zoning Commission meeting held March 2, 1999 were approved
as presented.
Principal Planner Brown explained regarding the EAR Amendment to the Comprehensive Plan,
which is the last item on the agenda, Staff was unable to complete the work necessary to provide
a packet to the Commission on this item. Mr. Brown further asked that the Commission
postpone this agenda item and suggested that a Special Planning and Zoning Commission be held
on Tuesday, Apri120, 1999 at 7:00 p.m. to discuss the EAR Amendment.
1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Enrique and Araceli Rangel
LOCATION: 191 West Broome Street
REQUEST: For a Conditional Use Permit to amend Resolution No. 772 to allow the expansion
of an existing child care center, located in the C-1 Light Commercial District.
Principal Planner Brown explained that the applicant is requesting amendment of the existing
CUP to expand the operation of the day care center situated at the southeast corner of west
Broome Street and Second Street. Information on the application indicates the construction of
two (2) new restrooms to the existing structure, and enclosure of the existing porte cochere to
accommodate "after-school" student needs. As an adjunct part of the porte cochere enclosure,
the existing driveway located along Second Street has been requested to be removed. The
original approval for the day care facility was approved by the City Council in September 1992,
and no other amendments have been requested as of this date.
Mr. Brown reminded the Commission that this request was before them last month. The
Commission had some concerns with the drop off and pick up of children on Broome Street and
the Commission asked that Mr. Rangel devise some other options to allow for the pick up and
drop off of children on-site.
Mr. Brown explained that there would appeaz to be three options for Mr. Rangel. The first would
be to provide a circular drive. The problem with a circular drive would be that there is only room
to provide a single lane, the parents would likely park on the street at any time the driveway
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APRIL 6,1999
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appeared to be blocked by one or more cazs. Another option would be to return to using the
existing circular driveway. The problem that Staff has with this option is that the children would
have to be chaperoned to the play area because they would have to cross the driveway.
Mr. Brown stated that he has visited the site, and it would appear that if the have the applicant
construct proper parking as required by the CUP, he would be able to provide adequate on-site
parking.
At the time Vice Chairman Renick asked all those present who wished to speak in regazd to this
case to be sworn in. Persons sworn in were Enrique Rangel of 5729 State Road 33, Clermont,
Florida.
Mr. Rangel stated that he has provided two proposals in the Commissions packet. Proposal #1
shows the revised on-site pazking design. Also included are some pictures which show that the
majority of the traffic problems are created by the Citys ball park across the street from his
daycaze facility.
Member Andrews suggested that the sidewalk that extend from the north side of the structure to
Broome Street should be removed, which will perhaps encourage people to park in the parking
lot.
Principal Planner Brown explained that the required number of parking spaces for the facility aze
based on 1 space per 300 square feet of class room spaces, which equals 6 spaces. Also required
is 1 space for every staff person, there aze 5 staff persons, for a total of 11 pazking spaces
required. Mr. Brown suggested that the number of spaces be reduced from 12 to 11 and that 8 of
those spaces be paved.
After a brief discussion, a motion was made by Charles Forth to recommend approval of this
request as presented by Staff, with a condition being added to require that the sidewalk
extending from Broome Street to the structure be removed and meet necessary driveway and
parking requirements. The motion was seconded by Matt Modica and approved by a unanimous
vote.
2. REQUEST FOR CONDITIONAL USE PERNIIT
APPLICANT: Magic Moments Learning Center
LOCATION: 1063 W. Desoto Street
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REQUEST: A request for a Conditional Use Permit to allow the use of a facility as an overflow
area for summer vacation and holiday schooler programs in the M-1 Light Industrial District.
Principal Planner Brown explained that the applicant is requesting utilization of the American
Legion building and grounds to permit temporary operation of a summer care program during the
annual school vacation period. The American Legion building is located on the southeast corner
of Desoto and Eleventh Streets, approximately two (2) blocks west of the permanent care facility.
The applicant has requested use of the temporary site from May 31, 1999 through May 30, 2002.
A description of the proposed operation has been included for your review and consideration by
the applicant. Contained within the Commission information and materials packet is also an
approval for use of the site from the representative of the American Legion.
Staff finds no difficulty with the proposed use and, therefore, Staff recommends approval of the
proposed use with the conditions as outlined in the Commissions packet.
At the time Vice Chairman Renick asked all those present who wished to speak in regard to this
case to be sworn in. Persons sworn in were Sam Allison of 885 West Desoto Street, Clermont,
Florida.
der a brie discussion a motion was made by Matt Modica to recommend approval of this
request as presented by Staff seconded by Michael Floyd and approved by a unanimous vote.
3. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: GIL, Inc.
GENERAL LOCATION: Parcel generally located on the west side of Grand Highway
approximately 650 feet south of Mohawk Road.
REQUEST: To allow the construction of a movie theater and two (2) future commercial
buildings.
Principal Planner Brown explained that the applicant is requesting a Conditional Use Permit to
construct a movie theater and two commercial buildings on 9.35 acres of land. Commercial
development proposed for the site is consistent with permitted uses in the future land use district
(UD-5), the land use classification (Commercial) and the zoning district classification (C-2).
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APRIL 6,1999
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The subject site is located on the west side of Grand Highway between Mohawk Rd. and Pitt St.
Initial plans indicate a phased project: Phase I - A six screen theater and a commercial building
with a combined commercial space of approximately 40,062 square feet. Phase II -Four
additional movie screens totaling 11,528 square feet. Phase III -Four additional movie screens
with a floor area of 7,358 square feet. The project also includes a 1.304 acre out parcel.
Specific site development criteria to be utilized will include, but will not be limited to, adopted
maximum impervious surface coverage ratios, parking and vehicular use requirements,
landscaping standards (all buffer, interior parking, and vehicular use area requirements),
stormwater abatement requirements, and specific tenant/land use impact criterions.
Mr. Brown noted that allowable uses for the site were listed on page 5 of Staffs Memo, which
precludes automotive services which consist of gas stations, auto sales, car washes, bus
terminals, trailer sales and agricultural equipment sales. Typical C-2 Conditional Uses would
require an amendment to this Conditional Use Permit. Staff is recommending that Conditional
Use that would be prohibited would be convenience stores and cellular towers.
At the time Vice Chairman Renick asked all those present who wished to speak in regard to this
case to be sworn in. Persons sworn in were Doug Laman, of GIL, Inc., 1130 East Plant Street,
Winter Garden, Florida, Rus Salerno, one of the owners, 3861 North Lake Orlando Parkway,
Orlando, Florida and Patricia Tice of Traffic Planning and Design, 535 Vercie Avenue, Maitland,
Florida.
Mr. Salerno explained that they are going to be the owners and operators of the furniture store
and the movie theatre, and would therefore not want to place any uses on the remainder of the
property that would reduce the value of their property. The would like the ability to have a
convenience store and automotive services. Mr. Salerno noted that the only other concern he had
was regarding Section 3, Condition 7 which requires the dedication of 10' of right-of-way on
Grand Highway. Mr. Salerno stated that he would like to have this change to reserve rather than
dedicate.
Vice Chairman Renick stated her concern with a gun and ammo store being allowed on the
premises as a lot of young people typically fraternize movie theaters and asked the opinion of the
other members regarding this.
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Mr. Salerno explained that he simply went through the phone book to compile his list of uses and
further noted that he would not have a problem if the Commission desired to eliminate this from
the allowable uses.
Member Wanda Andrews stated that should would like to see some landscape done between the
buildings to eliminate the look of a strip mall.
Mr. Laman explained that they have attempted to make the property eye appealing from the road
and that they have done some extensive landscaping.
Member Charles Forth noted his concern with the extent of landscaping that is going to be done
on the side adjacent to Grand Highway as a residential units could be developed to the east of the
subject site. Member Forth also stated that he felt it was necessary for the developer to dedicate
an additional 10' of right-of-way for future expansion and improvements that may be necessary
to Grand Highway.
Mr. Doug Laman stated that there are no existing structures directly across Grand Highway from
the project and North Ridge Subdivision is approximately 200 feet to the south of the project and
does have a 6 foot wall around the subdivision. Mr. Laman assumes that any development that
may occur across the street would also have a wall along the perimeter of the property.
Mr. Salerno explained that the movie theatre will be stadium seating. The topography of the land
is ideal for stadium seating.
Member Matt Modica explained the Commissions concern with the grading intensities that have
occurred recently on the hillsides.
Mr. Laman explained that the building has actually been designed to sit into the side of the hill.
Mr. Laman stated that he would like the Commission to allow convenience store and automotive
services.
Discussion followed regarding the upcoming revision to the Citys landscape requirements and.
provision of a transportation study for the subject project.
Principal Planner Brown stated regarding Section 3, Condition #5 which states "the permittee/
developer shall provide a southern access from the project site to the Hunt Street right-of-way.
Hunt Street shall be constructed by the permittee/developer during Phase II of the project". Mr.
Brown explained that this may need to be constructed at Phase I.
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Mrs. Tice of Traffic Planning and Design, stated that her report indicates that the traffic volumes
that are expected in Phase I of this project are not high enough to require more than the access
points than they already have planned.
At this time Charles Sharkus Jr., adjoining property owner, of 541 SW Timber Trail, Stuart,
Florida was sworn in.
Mr. Sharkus stated his concern with the high volume of traffic that this development will create
on Grand Highway and questioned if Grand Highway could handle the traffic.
Mrs. Tice explained that there are a lot of other connections to Highway 50 that will be available
with the development of several different parcels. Citrus Tower Blvd. will be extended, North
Ridge Blvd. will be extended to connect to North Hancock Road, and North Hancock Road will
run from Highway 50 to Old Highway 50. Therefore, two additional routes that will be parallel
to Grand Highway will be created. The transportation study that she performed, showed that
Grand Highway would be at about 70°Io of its capacity based on a Level of Service C.
Mr. Sharkus stated that from the site plan he has seen for the project, it does not appear as if there
is much green space. The parking lot areas need to be screened from view.
Member Matt Modica noted that this would be a good location for the developer to install a berm
along Grand Highway.
Member Charles Forth stated that there needs to be some control over the signage, for example
sale signs in the windows of the establishments. The site plan appears to show laurel oaks at the
ingress/egress to the site, these trees grow to a height of 60 feet, which could create a visibility
problem in the future for the tenants. Mr. Forth further suggested that the developer could
remove the trees at the entry and relocate them elsewhere and add a little berming, perhaps 24"
high.
Much further discussion followed regarding the design and density of the landscaping that should
be required for the project.
Mr. Sharkus suggested that the site plan be adjusted to give more room for a larger berm.
Patricia Tice noted that with a maximum slope of 3:1 you would be limited to a berm of
approximately 18" in height.
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Doug Laman stated that if the owner was agreeable and if the Board would allow them to be ten
parking spaces short, perhaps additional landscape islands could be installed around the parking
lot area on Grand Highway.
Member Michael Floyd excused himself from the remainder of the meeting.
Mr. Laman noted that if they have to reserve ten feet for additional right-of-way the sidewalk will
have to be relocated to the edge of the property line.
Member Forth asked Mr. Brown if the ten foot dedication is shown on the site plan.
Mr. Brown stated it is not indicated on the site plan.
Mr. Laman stated, regarding the construction of Hunt Street, that the transportation impact fee on
a 12,000 square foot furniture store is less than that for a single family residence. That shows
that the trip generation per day fora 12,000 square foot furniture store is less than that for a
single family residence. Mr. Laman stated that there appears to be no reason to improve Hunt
Street in the Phase I of the development. Mr. Laman stated that he would not have a problem
planning for the construction of Hunt Street in the Phase II of the development or at the time of
development of the out parcel.
Mr. Brown explained that potentially 6 screens of the theater could be constructed, a furniture
store and an out parcel and still not have the southern access and Hunt Street constructed. Mr.
Brown noted that for these reasons, he does not feel the construction of Hunt Street should be
tied to Phase II.
After a further discussion. a motion was made by Charles Forth to recommend approval of this
request as presented by Staff with conditions being added to require the permittee to provide a
IO' dedication or reservation as determined by the City attorney for appropriateness a bermed
area not to exceed 18" in height with the required landscaping be applied along Grand Highway
with tree placement no greater than SO' apart and that the tree caliber size be 2'/z" uses that
will not be allowed automotive services guns and ammunition shops towers and convenience
stores, at the time of development of the out parcel or at the time of develo mp ent of Phase li
whichever comes first, the developer shall construct Hunt Street not to exceed 20 feet beyond the
entry point on Hunt. Member Forth also suggested that the Council consider a reduction by 22
spaces on the eastern portion of the development site in front of the proposed phase I north of
the entry access to the furniture store to allow a larger berm landscape area The motion was
seconded by Matt Modica and approved by a unanimous vote
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APRIL 6,1999
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4. ORDINANCE 292-C
Vice Chairman Renick explained that this Ordinance will limit the size of a single establishment
to a maximum of 100,000 square feet. It will also limit any wholesale facility that may be
located in the manufacturing and light manufacturing zone to 100,000 square feet.
Member Charles Forth noted that the Ordinance states no establishment may occupy more than
100,000 square feet and suggested that the Ordinance be amended to read 100,000 square feet of
building area.
A motion was made by Charles Forth that the Commission recommend approval of Ordinance
292-C to the City Council, with the wording change to state "100,000 square feet of building
area", the motion was seconded by Wanda Andrews and approved by a unanimous vote.
5. EAR ANNEXATION AMENDMENT -Comprehensive Plan Amendment to recognize
the annexation of property from January of 1996 through May of 1998.
Principal Planner Brown suggested that the Commission pass a motion postponing the hearing of
the EAR amendment.
A motion was made by Charles Forth to hold a Special Planning and Zoning Commission
meeting at 7:00 p.m. on Apri120, 1999 to review the EAR Amendment, the motion was
seconded by Matt Modica and approved by a unanimous vote.
There being no further business the meeting was adjourned.
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Robert Smythe, Chair an
ATTEST:
Mimi Ogden, Planning and Zoning Specialist