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09-04-2007 Regular Meeting. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 4, 2007 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday September 4, 2007 at 7:02 p.m. by Chairman David Pape. Members present were Sy Holzman, Bill Gray, Nick Jones, David Outlaw, and Cuqui Whitehead. Also in attendance were Barbara Hollerand, Planner, Curt Henschel, Planner, Daniel Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held August 7, 2007 were approved as amended on page 18. REPORTS Barbara Hollerand announced that there was a request to table the items for the Bret Jones property, including the Small Scale Comprehensive Plan Amendment, the Rezoning and the Conditional Use Permit to the October 2, 2007 meeting due to the applicant being out of the country. Commissioner Whitehead moved to approve the request, seconded by Commissioner Holzman. The vote was unanimous to recommend for the tabling of the requests to October to City Council. 1. REQUEST FOR COMPREHENSIVE PLAN AMENDMENT Ord. No. 584-M Large-Scale Comprehensive Plan Amendment APPLICANT: City of Clermont REQUESTED ACTION: Amend the Goals, Objectives and Policies of the Capital Improvements Element and the Transportation Element of the comprehensive plan to update the five-year schedule of capital improvements and add related policies to the Transportation Element. The Capital Improvements Element of the comprehensive plan identifies capital projects needed to maintain adopted Level of Service (LOS) standards. The element includes policies and projects to reduce existing LOS deficiencies. In addition, the Capital Improvements Element outlines a schedule for construction of necessary improvements and expansions to accommodate new growth. It includes estimates of the cost of public improvements, and it demonstrates the ability of the City to finance and construct the improvements. The State of Florida's Growth Management Act requirements for comprehensive plans were modified with Senate Bill 360 in 2005 and by House Bi117203 in 2007. Current statutory requirements provide for an expedited adoption process for Capital Improvements Element City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 4, 2007 Page 2 amendments with a single public adoption hearing. A transmittal hearing is no longer required for annual updates to the element. Amendments to the element are required to change a project's scheduled construction date. The new statutory requirements have provided a new definition of financial feasibility. The new definition requires that sufficient revenues are currently available or will be available from committed funding sources for the first three years, or will be available from committed or planned funding sources for years 4 and 5, of a 5-year capital improvements schedule for financing capital improvements. Examples of committed funding sources include ad valorem taxes, approved bonds, state and federal funds, tax revenue, impact fees, and enforceable developer agreements. Planned funding sources in years 4-5 can include grants not secured, proposed bonds, or other potential sources that require a referendum or are not presently secured. Effective Dec. 1, 2008, failure of a local government to adopt an annual update to the Capital Improvements Element will result in a prohibition on the local government from adopting subsequent future land use amendments. In recent workshops around the state, the Florida Department of Community Affairs (DCA) has provided local governments with an outline of a recommended nine-month process to follow in generating annual updates to the Capital Improvements Element. This best practices schedule incorporates coordination in the City's budget and capital improvements program processes. The City of Clermont is taking atwo-year approach to meeting the new requirements by adopting a minor amendment to the Capital Improvements Element in 2007 prior to adopting a comprehensive update in 2008. The City of Clermont's growth during the last decade has brought with it the need for a major re-write of most of the elements in the comprehensive plan. Because many elements, including the Capital Improvements Element, have not been updated since the Evaluation and Appraisal report ("EAR") process of 2000, the City will be contracting this next fiscal year with a planning consulting firm to undertake the data collection and analysis necessary to complete a full update of the plan. Compliance with the new requirements of Senate Bill 360 and House Bi117203 will be within the scope of services provided by the consultant. It is anticipated the consultant will work closely with the City in generating the update to meet the December 2008 deadline. In the interim, however, the City has recognized that some revisions to the elements of the comprehensive plan are needed prior to the full update. With this in mind, the City has developed a 5-Year Schedule of Capital Improvements to adopt in 2007. This schedule replaces the FY2000-2005 schedule currently found in the Capital Improvements Element. This new schedule provides an updated baseline for the 2008 update to the element, which will follow the best practices recommended by DCA. In addition to the 2007 baseline update to the Capital Improvements Element, staff is also recommending a related update to the Transportation Element-another element significantly City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 4, 2007 Page 3 impacted by the new legislation. Minor text changes to the City's Transportation Element are recommended at this time to reflect recent updates to the Future Traffic Circulation Map and to reference the City's adoption of the Lake-Sumter Metropolitan Planning Organization's Transportation Improvement Program. The timing of these Transportation Element amendments in 2007 is critical to the securing of transportation funding for the six-laning of S.R. 50. The improvements to S.R. 50 are the Metropolitan Planning Organization's number-one priority for Transportation Regional Incentive Program (TRIP) funds from the Florida Department of Transportation. The Goals, Objectives and Policies of any affected local government comprehensive plans must be consistent with the FDOT 5-Year District Work Plan and the MPO Transportation Improvement Program to assure project funding. Currently, the City's comprehensive plan does not reflect the future widening of S.R. 50 to six lanes, which is an inconsistency with the transportation agencies' adopted plans. It is appropriate to amend the City's comprehensive plan at this time to achieve consistency. Staff recommends approval of the text changes to the Capital Improvements Element and the Transportation Element. Commissioner Holzman moved to approve the request, seconded by Commissioner YVhitehead. The vote was unanimous to recommend for approval to City Council. 2. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Superior Residence OWNER: Clermont IL Investors, LLC APPLICANT: Burkett Engineering, Inc. REQUESTED ACTION: Request to allow an independent living facility with 168 units located in the R-3 Residential zoning district. EXISTING ZONING: R-3 Residential LOCATION: North of Home Depot, east side of Oakley Seaver Blvd. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District 5 (UD-5) FUTURE LAND USE CLASSIFICATION: Residential/Professional City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 4, 2007 Page 4 City planner Curt Henschel stated the applicant is requesting a conditional use permit to allow an independent living facility within the R-3 zoning district. The proposed independent living facility will consist of 168 units constructed in two, four story buildings. The intent is to construct the project in two phases. Mr. Henschel stated that this project will be adjacent to the existing Superior Residence Assisted Living Facility. The assisted living facility was approved to be constructed in two phases as well. The first phase is existing and the second phase proposed is 24 memory care units which will be added to the existing building. Mr. Henschel said the applicant feels the proximity of the Independent Living Facility in relationship to the Assisted Living Facility adds to the appropriateness of the proposed development. With the completion of the Independent Living Facility and the expansion of the Assisted Living Facility, these sites will provide senior living facilities for a variety of needs. Mr. Henschel stated the applicant will also be requesting a variance regarding the height of the proposed buildings. The request will be fora 55 foot tall building, rather than the maximum of 45 feet permitted by code. Mr. Henschel stated that staff feels that the proposed site plan fits in with the character of surrounding uses and recommends ~proval of the request for a CUP to allow an independent living facility within the R-3 zoning district. Meeting discussion: Bill Burkett, Burkett Engineering, stated the application should ask for 186 units rather than 168 units as reflected on the staff report. Commissioner Whitehead asked about the Superior Residences being four stories. Mr. Burkett stated there is a variance request for the building to be four stories high. Commissioner Holzman asked if there would be full power generators. Mr. Burkett stated they have not gotten to that level of detail for the site. Commissioner Holzman asked staff if the state required certain buildings to have generators. Mr. Henschel stated it does, but the City does not get into those details. Chairman Pape asked Mr. Burkett to just make a note of their concerns about the building having backup generators. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 4, 2007 Page 5 Commissioner Outlaw asked the size of the property. Mr. Henschel stated the property was approximately 5 acres. Commissioner Outlaw asked if the density met the City's zoning requirements. Ms. Hollerand stated that this is being addressed through the CUP process. She stated that this area of the City permits age restricted independent and assisted living in the future land use. The density is dealt with through that process where the City has determined it will add those uses to the mix. Commissioner Outlaw asked if it is a case by case basis. Ms. Hollerand stated it is case by case in the City where it does not currently exist. She stated it is being added to the land use language as part of a comp plan amendment and this applicant went through that process a couple of years ago and it was approved by the City Council. Commissioner Jones asked if these were all rental units. Mr. Burkett stated they are all rental units. Commissioner Jones asked for an explanation of how independent this facility will be. Steven Rice, 3615 Dogwood Lane, Roanoke Virginia, stated that the major distinction between assisted living and independent living is the presence of a nursing staff. He stated with assisted living you have a care staff but with independent living you do not. He stated that all units will have in-room communication devices either from a pull cord or through a wireless solution to summon help. Independent living does not have a nursing staff but there are staff in the building 24 hours a day that can render aid and assistance. Commissioner Jones asked about difference between this level of housing as opposed to regular rentals for traffic. Mr. Rice stated it is considerably less. He stated that in assisted living, there may be 10% of the tenants still driving and within three years, it is little to none driving. Commissioner Jones asked about the impact on police and fire. Mr. Rice stated that the impact on police is very limited and the demand on emergency personnel is substantial. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 4, 2007 Page 6 Commissioner Jones commented that one of the concerns residents have in their community is the sirens that are heard in their neighborhoods. Commissioner Outlaw asked about the profile of the residents that would be tenants. Mr. Rice stated the tenants are typically single with more being females. He stated probably about 20% would be couples with maybe one of them still able to drive. Commissioner Jones asked about the mix of how many bedrooms per unit. Mr. Rice stated the building has not been fully designed yet. He stated on the application it shows 156 one bedroom units and 30 two bedroom units. He stated that will probably be different by the time they finish the process, because they have to efficiently use the space in the building and sometimes the one bedrooms fit and sometimes the two bedrooms fit. Commissioner Robert Boyatt arrived to attend the meeting. Chairman Pape asked if transportation would be provided for the tenants. Mr. Rice stated that transportation would be provided. Commissioner Holzman asked if the tenants in the independent living have an advantage of getting into the assisted living if needed. Mr. Rice stated they would. Commissioner Holzman moved to approve the request, seconded by Commissioner Jones. The vote was unanimous to recommend for approval to City Council. 3. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Weingarten I-4 Howland Investments, LLC APPLICANT: Foley & Lardner, LLP PROJECT NAME: Clermont Landing /EPIC Theaters. REQUESTED ACTION: Amendment to the Conditional Use Permit for a Planned Unit Development allow certificate of occupancy for specific conditions and Impact Fee Credits requirements. EXISTING ZONING: C-2 (General Commercial) City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 4, 2007 Page 7 SIZE OF PARCEL: 61 acres +/- GENERAL LOCATION: South of US 50, East of US HWY 27 ~ north east corner of Highway 27 & Steve's Road. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District - 2 (UD-2) FUTURE LAND USE CLASSIFICATION: Commercial City planner Curt Henschel stated that this request is to amend the existing CUP for Clermont Landing addressing two items: 1. The first request is regarding the Construction of Steve's Road and the timing for issuance of certificates of occupancy (CO's). Presented in Section 4 -Transportation Improvements, # 5 and #6 Mr. Henschel said that this project covers 61 acres and over 350,000 square feet of commercial uses. The developer is requesting that the initial Certificates of Occupancy will be able to be issued prior to the full completion of Steve's Road. The new #5 amendment will allow the development to obtain building permit CO's when Steve's Road is completed from U.S. 27 to the eastern entrance and all access routes on Steve's Road are completed. Mr. Henschel stated that the developer is still required to build the remaining portion of Steve's Road and staff recommends #6 also be added. Any other CO's are tied to the remaining portion of Steve's Road from the eastern access point to Citrus Tower Blvd. being completed. Building permits issued after the first CO cannot obtain subsequent CO's until all of Steve's Road is completed; or that Steve's Road must be completed within one year of the first building permit CO. Mr. Henschel stated that staff recommends approval of this request as presented. 2. The second request is in regard to Impact Fee Credits -request to have the City require subsequent developers affecting Steve's Road, to pay the Clermont Landing developer for Impact Fee Credits. Presented in Section 4 -Transportation Improvements, #11. Mr. Henschel stated that the developer is paying for the initial construction of Steve's Road through Impact Fee Credits with Lake County. They are looking to recoup those funds by requesting that the City require subsequent developers that impact Steve's Road City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 4, 2007 Page 8 to pay them for their fair share. This is proposed through the use of a CUP which may be required of a new developer, depending on the use or development. Mr. Henschel stated that the staff does not believe this should be included as a requirement in the CUP, because it binds the City to this requirement. The CUP should be utilized for City conditions upon the development. Mr. Henschel said that staff recommends denial of this request. Meeting discussion: Duke Woodson, 111 N. Orange Ave, Orlando, stated that they have been working with Lake County on an agreement with Steve's Rd. He stated they finally got the Steve's Rd. agreement approved by Lake County last month. He stated the County still has not signed off on the construction plans of Steve's Rd. but is expecting it any day now. He stated the building permit for the theater and the JC Penney's is in now but can not build until the road is completed as it stands under the existing CUP. The first request is to allow them to get the theater and JC Penney open by October of next year. Because they will not be able to complete Steve's Rd. by October of next year, they are asking for an amendment to that condition. He stated they will complete the road to the eastern entrance to allow the road to be used for the theater and JC Penney. They know they will be able to complete that portion of Steve's Rd. by October of next year. He stated the condition #6 will give the City the assurance that the road will eventually be finished. He stated they will have bonds posted with the County to finish the road. The condition will allow them to get the theater and JC Penney open but would prohibit them from obtaining any other CO's for anything else. He stated the second request is asking for an amendment to condition # 11. He stated that the current impact fees for Steve's Rd. are $1 million. The cost of the road is costing $2.3 millions, so they will in effect be paying $1.3 million extra for this road that they will not be able to recoup. He stated he has asked staff to send other owners to them, so they will buy their impact fee credits rather than going to the County to pay the impact credit fees. He understands the staff's reluctance to include a condition in a CUP. Commissioner Outlaw asked what CO's they are petitioning for and what they would be attached to. Mr. Woodson stated what they have pending are building permits for the theater and JC Penney. Commissioner Outlaw asked when the other buildings are going to be built. Mr. Woodson stated they will build the JC Penney and the theater first and get their CO's, and when they get tenants for the other buildings, then they will come in and ask for that permit and CO's. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 4, 2007 Page 9 Commissioner Outlaw asked if they have a surety and performance bond with the County. Mr. Woodson stated that once the County approves the construction of Steve's Rd., they will have to post the bond before they can start construction on the road. Commissioner Boyatt asked if all the other buildings are going to be built or just the JC Penney and the theater. Chairman Pape stated they are just building the large buildings that they already have tenants for but they have commitments to the property. Commissioner Outlaw asked if they could sell the outparcels off and are they included in the CUP. Chairman Pape asked with this language what can they build now to get to the eastern entrance. He also asked what would trigger their responsibility for the rest of the road. Mr. Henschel stated that they can build the theater and the JC Penney along with the road up to the eastern entrance. He stated that in order for them to build anything else they will have to have the road in place. Commissioner Outlaw asked if that included the outparcels. Mr. Henschel stated that staff's interpretation is that it does include the outparcels. Chairman Pape asked legal Council if the language was reflective of staff's interpretation. Attorney Mantzaris stated that it is, but the question is whether they are worried about the land being developed, or worried about the road being completed. He stated that the County is going to require a performance bond to put the money up to ensure the road will be completed. He stated that regardless of whether they sell the property or develop it, they still will be required to build the road. Chairman Pape asked if the completion date of the road is with or without any other CO's under the bond performance. Mr. Rice stated that they will have 18 or 24 months to complete the whole road before the bond kicks in. Commissioner Boyatt asked if all the other store fronts attached to JC Penney will be built at the same time as the anchor buildings. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 4, 2007 Page 10 Mr. Rice stated that all the buildings adjacent to the JC Penney will be built at the same time as the JC Penney building. Commissioner Jones moved to approve the request for the language submitted for section 4 numbers S and 6, seconded by Commissioner Whitehead. The vote was 6-1 to recommend for approval to City Council with Commissioner Outlaw opposing. Commissioner Jones moved to approve the request for the language submitted for section 4 number 11, seconded by no one. The vote failed due to the lack of a seconded motion. Commissioner Holzman moved to deny the request for the language submitted for section 4 number ll, seconded by Commissioner Boyatt. The vote was 6-1 to recommend for denial to City Council with Commissioner Jones opposing. 4. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Publix Shopping Center at Kings Ridge OWNER: Publix Super Markets APPLICANT: MDM Services, Inc. REQUESTED ACTION: Request an amendment to a Conditional Use Permit to allow two structures on Out Parcel #l, within the C-2 General Commercial Zoning District. LOCATION: Northeast corner of U.S. 27 and Hartwood Marsh Road PARCEL SIZE: 18.75 acres +/-, of which 1.50 acres is affected. EXISTING ZONING: C-2 (General Commercial) EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: UD-7 (Undeveloped District 7) FUTURE LAND USE CLASSIFICATION: Commercial within Mixed Use City planner Curt Henschel stated that the applicant is requesting an amendment to the conditional use permit to allow for two structures on out parcel #1. The existing CUP provided for only one structure on all outparcels. Out parcel #1 is the only vacant site remaining in this City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 4, 2007 Page 11 development. The site is planned for a gas station /convenience store (with a canopy) and a car wash, with internal access to the shopping center. Mr. Henschel said that staff believes this development is consistent with the uses in the area and recommends approval of this requested amendment to the Conditional Use Permit to allow two structures on out parcel #1, with the following conditions amended in Section 2, number 2. Meeting discussion: Michael Leeds, 1733 W. Fletcher Ave., Tampa, stated they were here a couple of months ago. He stated they were told to come back due to a requirement to have an extra building on outparcel #1 that is not included in the original CUP. He stated that in addition to his original submittal (for the Pix CUP) they are adding a cover over the pump islands to shelter from the weather. They also show on the new plans the enhancements to the rear of the building. He stated the third request he had is the hours of operation. He would like to make a request for the Commission to consider different hours of operation. He stated the closest competitor just south of them was approved not through a CUP but through project approval with hours of operation being 5:00 am to midnight. He stated they are requesting to open at 5:00 am and close at 11:30 pm. Those hours would only be associated with their ownership, and if they were to sell it, those hours would not apply to future owners. (Hours of operation should pertain to the PIX CUP) Commissioner Holzman moved to approve the request and to amend the hours of operation to be from S: 00 am to 11:30 (this would pertain to the PIX CUP), seconded by Commissioner Whitehead. The vote was unanimous to recommend for approval to City Council. 5. REQUEST FOR CONDITIONAL USE PERMIT PROJECT: Kings Crossing (East side of Tuscany Village CUP) OWNER: Kings Crossing, LLC APPLICANT: Jimmy Crawford REQUESTED ACTION: Request to amend a Conditional Use Permit (CUP) for a Planned Unit Development (PUD) to allow up to 40,000 square feet of retail on the north portion of the east side of the Tuscany Village CUP. LOCATION: The north & south corners of the east side of the intersection of Highway 27 & Citrus Tower Blvd. SIZE OF PARCEL: 42.31 acres +/- (24.12 ac. wetland, 18.19 ac. upland) City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 4, 2007 Page 12 EXISTING ZONING: PUD (Planned Unit Development) EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District - 7 (UD-7) FUTURE LAND USE CLASSIFICATION: Commercial City planner Curt Henschel stated that the applicant is requesting an amendment to the Conditional Use Permit (Resolution No. 1442) to allow for up to 40,000 square feet of retail use. The Tuscany Village development is separated by U.S. 27 and has different owners on the east and west. Because of this, the east side -Kings Crossing, is requesting this amendment to the overall CUP. If approved, the 40,000 square feet of retail will be applied to the east side of the Tuscany Village CUP, north of Citrus Tower Blvd. Mr. Henschel said that a land use amendment was approved by City Council on August 14, 2007 permitting retail on Kings Crossing portion of the CUP, on the north side of Citrus Tower Blvd. Mr. Henschel stated that the new conceptual site plan for the east side is included with this request which reflects the requested changes. However, retail is noted on the south side and should not be considered as part of this approval. Mr. Henschel stated that staff recommends approval of the request for the amendment of the CUP allowing up to 40,000 square feet of retail on the east side of the Tuscany Village CUP, north of Citrus Tower Blvd. Meeting discussion: Jimmy Crawford, 1635 E. S.R. 50, stated they agree with the staff report. He stated they believe they have a site plan that will work better than the original site plan. Commissioner Holzman moved to approve the request, seconded by Commissioner Whitehead. The vote was unanimous to recommend for approval to City Council. 6. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Grandview Garden Homes L.C. APPLICANT: Lois Hill City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 4, 2007 Page 13 REQUESTED ACTION: A Conditional Use Permit (CUP) to allow for amulti-family development with more than 12 units within the R-3-A and C-2 zoning district. EXISTING ZONING: R-3-A / C-2 (Residential/ Professional District) SIZE OF PARCEL: 9.6 acres +/- L~CATION: 840 Grand Highway EXISTING LAND USE: Multi Family Development FUTURE LAND USE DISTRICT: Undeveloped District - (UD-5) FUTURE LAND USE CLASSIFICATION: Residential Professional City planner Curt Henschel stated that the request is to allow amulti-family residential development within the R-3-A and C-2 zoning district. This development is considered to be an existing non-conforming use. Under the current Land Development Code amulti-family development such as this would require a conditional use permit. Currently the development (Grand View Apartments) with 142 units does not have a Conditional Use Permit. The applicant is requesting to enlarge the parking lot by removing the tennis court, improve stormwater runoff, and provide new landscaping along Grand Highway. Mr. Henschel stated that the applicant is not requesting to add any additional units to the complex and is merely making modifications to improve traffic flow and improve the appearance to the development. Mr. Henschel said that staff recommends ~proval of the request for a conditional use permit for an existing apartment complex and modifications to the parking lot and landscape buffers. The applicant was not present. Commissioner Holzman moved to table this request until the October 2, 2007 meeting due to the applicant not being present, seconded by Commissioner Whitehead. The vote was unanimous to recommend for this item to be tabled. 7. REQUEST FOR COMPREHENSIVE PLAN AMENDMENT Ord. No. 582-M Small-Scale Comprehensive Plan Amendment (DCA #0752) PARCEL SIZE/LOCATION: Approximately .30 acres, 1230 Hampton Street, between Almond Street and Highland Avenue City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 4, 2007 Page 14 OWNER /APPLICANT: Bret Jones REQUEST: Change Future Land Use from Non-Established District 4 (NED-4) Residential to Established Business District 2 (EBD-2) Commercial This item was tabled to the October 2, 2007 Planning and Zoning meeting. 8. REQUEST FOR REZONING PROJECT NAME: Professional Office OWNER/APPLICANT: Bret Jones REQUESTED ACTION: Request for a Conditional Use Permit (CUP) for a professional office in an R-3-A, Residential /Professional zoning district. This item was tabled to the October 2, 2007 Planning and Zoning meeting. 9. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Professional Office OWNER/APPLICANT: Bret Jones REQUESTED ACTION: Request for a Conditional Use Permit (CUP) for a professional office in an R-3-A, Residential /Professional zoning district. This item was tabled to the October 2, 2007 Planning and Zoning meeting. 10. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Enterprise Leasing Co. of Orlando OWNER: Hurtak Family Partnership, Ltd. APPLICANT: Cindy Sherrod REQUESTED ACTION: A request for a CUP to allow the use of an auto rental business in a C-2 General Commercial District EXISTING ZONING: C-2 City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 4, 2007 Page 15 GENERAL LOCATION: South Lake Plaza Shopping Center, north of Hwy 50 and west of Bloxam Ave. EXISTING LAND USE: Shopping center FUTURE LAND USE DISTRICT: Existing Business District 2 (EBD-2) FUTURE LAND USE CLASSIFICATION: Commercial City planner Curt Henschel stated that the applicant has requested to operate an auto rental business within South Lake Shopping Plaza. This use is not covered under the permitted uses within the C-2 General Commercial District, and is therefore covered under this amendment of the Conditional Use Permit. The auto rental business is proposed for the last store on the west side of the center, and will take 1,600 sq. ft. Because this is an automobile rental business, 13 additional parking spaces are requested. The applicant is also requesting a wash basin to be installed on the back side of the retail stores. The proposed basin will be self contained and provide recycled water for cleaning the rental vehicles. Mr. Henschel stated that the existing parking conditions and a mix of uses, including restaurants in the center, take up a variety of spaces. Because of the proposed location for this business, staff believes there is ample parking available for the additional 13 spaces, provided they are parked away from the normal patron parking areas. This would be along the northwest side of the retail businesses. Mr. Henschel said that staff is not in favor of the proposed wash basin. Key details of the basin have not been demonstrated as to how the complete system will function. Staff would recommend that if any wash basin/area is to be used, it shall be completely self contained using recycled water and not produce any runoff to the retention areas or city sewer system. The system shall be maintained and monitored by an environmental company specializing in recycled wash systems. Mr. Henschel stated that this condition is listed in Section 6 of the CUP. Staff also believes this use, while more intense than normal shopping center businesses due to the increased parking requirements, is located at the best possible site, and could prove a benefit to the center. Mr. Henschel said that staff recommends approval of the requested CUP for a car rental business at the South Lake Plaza Shopping Center. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 4, 2007 Page 16 Meeting Discussion: Cindy Sherrod, 5442 Hoffner Ave. Orlando, stated that Clermont is growing rapidly and they have been servicing the Clermont area for a while. She said this location will save them and their clients time and money. She stated that she has done a lot of research on drainage solutions for two years now. She stated the system they are looking at right now is maintenance free. She stated it does not use chemicals; it uses electro coagulation which is like the Sonic toothbrushes that clean the water. She said she has spoken to an auction that uses it, and they have no problems with it. She stated they use carport awnings to cover one parking space where the cleaning of the vehicles would be done. Commissioner Whitehead asked where on the site would they service the vehicles. Ms. Sherrod stated they would not do any servicing on the property. She stated that they would only wash the cars and vacuum the vehicles. She stated there would be no oil changing or cleaning of the engines done on the property. Commissioner Boyatt asked the location of the canopy on the property. Ms. Sherrod showed where the canopy would go for the vehicle detailing and showed where the wash water treatment system would be located. She stated they would put drains in and berms on the outside of the parking space to keep the wash water. The water will go down the drain into the water treatment system and be recycled out. Commissioner Holzman moved to approve the request, seconded by Commissioner Jones. The vote was unanimous to recommend for approval to C" " There being no further business the meeting was adj TEST: ~~ Rae hidlow -Administrative Assistant