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07-03-2007 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION July 3, 2007 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday July 3, 2007 at 7:03 p.m. by Chairman David Pape. Members present were Sy Holzman, Bill Banzhaf, Gail Ash, Bill Gray, David Outlaw, and Cuqui Whitehead. Also in attendance were Jim Hitt, Planning Director, Barbara Hollerand, Planner, Daniel Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held June 5, 2007 were approved as written. REPORTS There were no reports. Jim Hitt, Planning Director, stated that Item 3 Washuta/Shira Small Scale Land Use Amendment and Item 4 Washuta/Shira & Butler Rezoning have been withdrawn from the agenda. 1. REQUEST FOR REZONING PROJECT NAME: Hartwood Marsh Self-Storage Facility (Baffles property) OWNER: Florida Discount Self Storage No. 4 LLC APPLICANT: Administrative REQUEST: Rezone 23.6 acres from Urban Estate to C-2, located east of U.S. 27, south side of Hartwood Marsh Road, west of Hancock Road. EXISTING LAND USE: Vacant FUTURE LAND USE DESIGNATION: Lake County Urban Expansion Barbara Hollerand, City Planner, stated that this rezoning and its related annexation are being handled administratively. The subject property is contiguous to the City limits on both the west and north sides. It is across from the fire station and Kings Ridge. Access to the property will be from Hartwood Marsh Road, along the northern property line. This project first came before the City Council as part of a Joint Planning Area review in June 2004. At that time, the Council recommended opposing the rezoning and provided a comment to Lake County that it was the City's intention to have this property annexed into the City limits. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 3, 2007 Page 2 The County, however, did rezone the property from R-6 Residential to CP Planned Commercial with C-2 uses. In February 2005, the City Council was asked to consider the applicant's request for water and sewer service. The City approved a water and wastewater service agreement for the property that included a condition calling for the dedication of right-of--way for the widening of Hartwood Marsh Road. This project has since moved forward in the County and is currently under construction, developing to City standards. The right-of--way along Hartwood Marsh Road has been dedicated as required in previous agreements. The Lake County future land use of Urban Expansion is sufficient to develop the parcel as a commercial property. However, a comprehensive plan amendment will be needed at a future date to assign the property a City future land use. Ms. Hollerand stated that staff does recommend approval of the rezoning. Meeting discussion: Jerry Turner, 4322 Hammersmith Dr., gave a history of the property being rezoned through the County. Mr. Hitt stated that this property has been developed according to the JPA guidelines which are very close to the City requirements. When it is annexed into the City they will virtually be the same as the City's requirements. Commissioner Ash asked if it is possible to control the times that concrete trucks and construction is being completed. Mr. Mantzaris stated that it would be more affective to control once the property has been annexed into the City. Commissioner Gray asked if the right of way for Hartwood Marsh has been dedicated and do we have definite a number of how many feet Mr. Baffles has. Ms. Hollerand stated that it was approved through the County. Commissioner Ash moved to approve the request, seconded by Commissioner Whitehead. The vote was unanimous to recommend for approval to City Council. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 3, 2007 Page 3 2. REQUEST FOR REZONING PROJECT NAME: Foxchase OWNER: Standard Pacific of Central Florida GP, Inc. APPLICANT: Standard Pacific of Central Florida GP, Inc. REQUEST: Rezone 78 acres from Urban Estate to R-1, located west of U.S. 27, south side of South Clermont Connector, adjacent to Legends subdivision EXISTING LAND USE: Vacant FUTURE LAND USE DESIGNATION: Lake County Urban Expansion Barbara Hollerand, City Planner, stated that this rezoning request is being heard in conjunction with an annexation request by the applicant, which had County approval to develop Foxchase as a 162-lot residential subdivision with PUD zoning and a density of 2.1 homes per acre. In October 2005, the property owner, then-named Colony Communities, Inc., entered into a wastewater service and developers agreement with the City of Clermont. The property owner also signed a notice of encumbrance, which granted the City the right to annex the property at its discretion. The developer was permitted to construct the model homes prior to annexation, per the City agreement. Lot sizes and configurations are to be constructed in accordance with the preliminary plat approved by the County in February 2005 and according to the terms of the wastewater service and developers agreement. The property owner has provided right-of--way and is accommodating stormwater for the South Clermont Connector. The property is contiguous to the City limits through Legends, which is to its east. The County- approved residential developments of the Overlook at Lake Louisa, Timberlake and Drews Landing are to its south, north and west, respectively. Access to Foxchase will be from the South Clermont Connector, along its northern property line. The Lake County future land use of Urban Expansion is sufficient to develop the parcel as a residential property. However, the owner will be required to apply for a comprehensive plan amendment during the City's next amendment cycle. Ms. Hollerand stated that staff recommends approval of the request for rezoning. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 3, 2007 Page 4 Meeting discussion: John Townsend with Donald McIntosh & Associates in Orlando stated he was the engineer representing the developer and is here to answer any questions pertaining to the rezoning application. Commissioner Whitehead asked when the houses would be completed. Mr. Townsend stated the infrastructure is in the ground. Commissioner Whitehead asked if it would be a 55+ community or is it family residences. Mr. Townsend stated this property is not age restricted. Commissioner Holzman asked if they will be staying with the 2.1 density. Mr. Townsend stated they will be staying with the 2.1 density. Commissioner Ash moved to approve the request, seconded by Commissioner Banzhaf. The vote was unanimous to recommend for approval to City Council. 3. REQUEST FOR SMALL SCALE AMENDMENT This item was withdrawn. 4. REQUEST FOR REZONING This item was withdrawn 5. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: PIX Fuel Station -Publix at Kings Ridge OWNER: Publix Super Markets APPLICANT: MDM Services, Inc. REQUESTED ACTION: Request a Conditional Use Permit to allow a gas station and convenience store within the C-2 General Commercial Zoning District. LOCATION: Northeast corner of U.S. 27 and Hartwood Marsh Road - City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 3, 2007 Page 5 Out-Parcel # 1 of the Publix Shopping Center at Kings Ridge. PARCEL SIZE: 1.50 acres +/- EXISTING ZONING: C-2 (General Commercial) EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: UD-7 (Undeveloped District 7) FUTURE LAND USE CLASSIFICATION: Mixed-Use Classification I The applicant is requesting a conditional use permit for a gas station and convenience store located at the Northeast corner of U.S. 27 and Hartwood Marsh Road, within the Publix shopping center at Kings Ridge. Access to the 1.5 acre development will only be from within the shopping center. Staff believes this development is consistent with the uses in the area and recommends ~proval of this Conditional Use Permit request for a gas station and convenience store. Meeting Discussion: Michael Leeds, 1733 W. Fletcher Ave. Tampa, stated he was there to answer any questions. Bob Bowen, 723-741 W. Montrose St., stated that he uses one of these facilities in Auburndale. He said the facility is much cleaner than what you will find with other facilities. Jim Hicks, 3548 Lapland Ave., spoke in favor of the Pix Station. He stated he can not wait for this gas station to open. Chairman Pape asked if Mr. Hitt was able to find out the hours of operation for the Hess Station. Mr. Hitt stated the Hess Station is closed from 12:00 am to 6:00 am. Commissioner Ash stated she wants to see those times as part of the conditions for the Pix Station. Commissioner Ash asked about the exit from the car wash crossing the traffic at the entrance. She said the car wash needs to be moved closer to Highway 27 so the car wash traffic will not stack up. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 3, 2007 Page 6 Mr. Hitt stated that they have met with MDM regarding the car wash. They stated the wash cycle is approximately 4 minutes, which means it would take someone sitting there for 4 minutes to get out before the vehicles start stacking up. Chairman Pape stated he shares Commissioner Ash's concerns. Mr. Hitt stated that Staff is aware of the issue. Commissioner Ash stated that if they move the building back a car length, you would have more distance between the car wash and the entrance. Mr. Leeds stated they met with the Kings Ridge Association and the hours of operation were discussed. They agreed to 5:00 am to 12:00 am for hours of operation. Commissioner Outlaw stated he has visited other locations and he supports the project. Commissioner Gray stated he had concerns about the appearance and the elevation of the building. He stated the rear of the building seems to have lost any embellishment. The other buildings in the out parcels seem to have an exterior design that is uniform around the building. He stated he would like to see Staff address this issue when it comes time to finalize this project. Commissioner Whitehead asked if they will have security cameras. Dan Cline with Publix stated there will be 16 digital cameras on site. There will be 8 positioned on the exterior and 8 on the interior. They will be recorded off site digitally so no one can take the recording from the location. Commissioner Outlaw moved to approve the request as amended with operational hours being between 6:00 am to 12:00 am, seconded by Commissioner Whitehead. The vote was unanimous to recommend for approval to City Council. There being no further business the meeting was adjourned at 7:43. _ 1 David P~.~hai ATTEST: Rae Chidlow -Administrative Assistant