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06-03-2008 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION June 3, 2008 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday June 3, 2008 at 7:00 p.m. by Chairman David Pape. Members present were Bill Banzhaf, Bernadette Dubuss, Robert Boyatt, William Gray, Judy Proli and Cuqui Whitehead. Also in attendance were Jim Hitt, Planning Director, Yvette Brown, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held May 6, 2008 were approved as written. REPORTS Planning director Jim Hitt stated that staff and applicant agreed to postpone the Jerry Jones CUP hearing to the July meeting. Commissioner Whitehead moved to approve the postponement request, seconded by Commissioner Proli. The vote was unanimous to recommend postponement to July. Mr. Hitt asked the Board members if they would all be available at 6:00 on July 1, 2008 for a workshop to discuss the roles of Planning and Zoning Board members. The commission agreed to the time and date. 1. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Watson Realty Corp. APPLICANT: Sherri Fragomeni PROJECT NAME: Ladybird Academy REQUESTED ACTION: Request for a CUP to allow a daycare facility in the C-2 (General Commercial) Zoning District. LOCATION: North side of the Watson Realty building on Hancock Rd. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District 5 (UD-5) FUTURE LAND USE CLASSIFICATION: Commercial EXISTING ZONING: C-2 (General Commercial) City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 3, 2008 Page 2 City planner Curt Henschel stated that the applicant is requesting a conditional use permit to allow a childcare center within the C-2 (General Commercial) zoning district. He stated that childcare centers are designated as a conditional use within the C-2 zoning district. Mr. Henschel stated that the applicant is proposing a 13,000 square foot building that could handle up to 220 children. He said the children will range from infants to 4 years old (pre-K.) He stated the applicant believes the business will provide a needed service to working parents within the area. He stated that the hours of operation are expected to be from 7:00 a.m. to 6:00 p.m., Monday through Friday. Mr. Henschel stated that staff believes this area is right for this type of development, and recommends approval of the request for a CUP to allow a children's daycare center on this C-2 (General Commercial) zoned parcel. Sherry Fragomeni, 4985 Hoffner Avenue Orlando, stated she was there to represent the developer for Ladybird Academy and they agree with staff's recommendation. She stated that if the Board had any questions or concerns she was there to answer them. Board member Whitehead stated her concerns about the entrance to the parking lot. She stated she uses this parking lot. She said it is scary enough as it is and to have mothers trying to bring in their kids is even scarier. She stated that she understands that they want to avoid traffic on Hancock Road, but that is not the way to do it. She feels it will cause a hazard. She stated that even though her kids are older, when they were going to daycare, she saw the traffic was horrendous from people trying to get in and out. She stated she has problems with the entrance in the back and if they purchase the property and it becomes something else in the future, and then it can cause a bad situation. She feels the traffic pattern needs to be completely changed by not using the other parking lot. She asked what were the other proposals other than driving through the back of the other parking lot. Ms. Fragomeni stated that the only other way they could do that is to come off of Hancock Rd. She stated that she does not think it would be much of an issue, because most people drop off kids between 6:30 am and 8:00 am, and Watson doesn't open until 9:00. Then most people pick up their children after 5:30 pm. Board member Whitehead stated she is at Watson at 8:00 am and they are there until 7:00 pm. She stated that she finds the parking lot a hazard now with agents driving through the parking lot, talking on their cell phones and looking through their briefcases. She stated she feels they are creating a problem. She stated that if they decide to purchase the property or someone else buys it, are they going to be allowed to go in and out of the Watson property. She feels that it should be completely separate. She stated that she understands right now it is one owner, but it will not remain one owner and she is worried about the future. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 3, 2008 Page 3 Board member Proli stated she agrees with Ms. Whitehead. She stated that she is not against the daycare but feels this is a poor location for the daycare. She stated that Hancock Road is a very heavily traveled road. She stated that at Summit Greens, where she lives, they cannot get out the front entrance on Highway 50, and they have to go out the side entrance where there is no traffic light. She stated that because there are only two traffic lights on that road, the cars are able to travel at higher speeds. She stated she has concerns about adding a 200-child daycare to an area where already there are Summit Green residents who have to make a left turn onto this already heavily traveled road. She stated that she has dropped off her grandchildren at East Ridge High and Windy Hill, and she sees how the cars line up on the main street because there is never enough parking. She feels they need to find another location for this school. Ms. Fragomeni asked if she was concerned about the traffic backing up on Hancock Road. Board member Proli stated that she is concerned about the cars backing up onto the proposed road going into the project and spilling over onto Hancock Rd. She stated that they may end up using Legends Way to get to the school and there is a fire station there and they need that access to get through for emergencies. She stated that Target is directly across the street from the property and there is a lot of traffic going in and out of that road getting to Target. She stated that they need to reconsider. Board member Gray stated that in looking at the site plan, he only sees the south bound lanes on Hancock Road. He asked if there was access to the property north bound or if the only access to this property is south bound. Mr. Hitt stated that there is access to the property off of Legends Way going through Watson's parking lot. Board members Proli and Whitehead restated their concerns. Board member Gray stated that the only access from Hancock Rd. is south bound. Board member Whitehead stated that there is a turn into Watson's parking lot. Mr. Henschel stated that the only turn into the property from Hancock Rd. is southbound. Board member Gray stated that he has had similar problems getting children to school. He stated that he is concerned because he has seen the Windy Hill situation which is a nightmare. He stated that he has lived in King's Ridge for 10 years and knew this was going to happen. He said he heavily protested it and got nowhere with it. He stated that at certain times of the day you have 50-70 automobiles waiting to get into Windy Hill Middle School. He said the middle school is much larger than the proposed daycare, but he would like to see additional research into how the traffic will be handled. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 3, 2008 Page 4 Chairman Pape asked about a trip count for the school. Mr. Henschel stated that the driveway was put in with the intent of serve the development on this property. Chairman Pape asked if it was put in with the idea that it would have 200 cars coming in and out. Mr. Henschel said not exactly. Chairman Pape stated that it was put in as a general egress and ingress access for a standard parking lot for office building or retail application. Ms. Fragomeni stated that the trips are 165 for the pm and 114 for am for the peak trips. Board member Gray stated that he would like to see a traffic pattern. Board member Boyatt stated that this is not like an office building where people come in and work 8 hours. He stated the trip is doubled because they come in, you spend 5 or 10 minutes and then you're right back out. He said that is a very slow system already. He stated he goes to work that way every day and it is already terribly busy. He stated that if you add 200 more trips to it, he feels it is a terrible location for it. Chairman Pape stated that he is afraid of the stacking of automobiles. He said the reality of the situation is that the intersection stacks pretty heavily and if we add 165 trips, we are looking at possibly stacking past the entrance to Legends Way. Board member Proli stated to also keep in mind that the community college is right next door to the property and has students coming in and out. Board member Dubuss stated that the traffic situation as it currently exists in Clermont is poor. She stated that anyone who shops at Target knows that at times it takes up to 10 minutes waiting to get across the road. She stated that as a grandmother and mother, she would not want her children subjected to a dangerous traffic situation such as already exists. She said she feels they would just be compounding the situation to allow the traffic pattern described in this application. Board member Banzhaf stated that when he first looked at the site plan he thought the location would be good for a daycare, but he did not think about the traffic flow. He stated he agrees with what everyone is saying. Board member Whitehead stated that there was a similar situation across Highway 50 with Tony Hubbard and Lord's Gym. She stated that if you have been back there, you drive from parking lot to parking lot, and it is a nightmare. She stated that once Legends Way connects up to where City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 3, 2008 Page 5 the hospital is, it is going to become a shortcut for a lot of people that don't want to go on Highway 50. Ms. Fragomeni stated that they need to do a traffic study and they do not want to create an unsafe situation. She stated they have done several daycares in other areas similar to this one, and she does not think it will back up onto Hancock Road. Chairman Pape asked her if she has been on Hancock Road at 6:00 in the morning. He stated that with Clermont's existing road grid, almost 40% of the people who live here use Highway 50 to get to work. He stated that unfortunately Hancock Road is a major feeder to Highway 50, so it stacks there. He stated there are two groups of people who are out in that area and the road is at load now. He said it is a difficult one to navigate without a controlled intersection. He stated that when you start putting real estate people, people in a hurry to get to work and then small children into the mix you create a liability. He stated it would be better if they could find a better traffic pattern to get in and out. Board member Whitehead stated that food delivery trucks will also have trouble accessing the site. Ms. Fragomeni stated that it is a van that delivers on Mondays. She stated that she also wanted to mention that a lot of the parents come down that road anyway and they would just be dropping off their children. Commissioner Whitehead moved to deny the request. She stated she would like to leave the applicant an opening if they can come back with a different plan or location. Mr. Henschel stated that he believed they wanted to withdraw. Ms. Fragomeni stated they would like to continue it. Chairman Pape stated that it is best for them to withdraw for now. Ms. Fragomeni stated they would like to withdraw. Board member Banzhaf asked if the City would allow for another cut into the parking lot. Mr. Hitt stated that the whole idea behind that project was to have a common driveway; otherwise the cuts would be too close together. Chairman Pape asked if there is a service road scheduled behind there. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 3, 2008 Page 6 Mr. Henschel stated that is the college property and he is not aware of any proposed plan for an access drive. 2. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Jones Auto Repair OWNER /APPLICANT: Gerald A. Jones REQUESTED ACTION: A request for a CUP to allow the use of an automotive and truck repair service business in a C-1 Light Commercial District LOCATION: 611 W. Highway 50, (Southwest corner of S.R. 50 and Lake Avenue) EXISTING LAND USE: Non-conforming automotive and truck repair service FUTURE LAND USE DISTRICT: Non-Established District 3 (NED-3) FUTURE LAND USE CLASSIFICATION: Commercial EXISTING ZONING: C-1, Light Commercial District 3. REQUEST FOR CONDITIONAL USE PERMIT OWNER/ APPLICANT: PROJECT NAME: Woodbury, LLC Hancock Towne Center REQUESTED ACTION: A request for a CUP in C-2 (General Commercial) to allow for a retail shopping center with more than 4 users, and for a building to occupy more than 20,000 square feet of space. LOCATION: Northwest corner of Hooks Street and Hancock Rd. SIZE OF PARCEL: 4.5 acres +/- EXISTING LAND USE: New Commercial Construction FUTURE LAND USE DISTRICT: Undeveloped District 6 (UD-6) City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 3, 2008 Page 7 FUTURE LAND USE CLASSIFICATION: Commercial EXISTING ZONING: C-2 (General Commercial) City planner Curt Henschel stated that the applicant requests a conditional use permit for restaurant/recreation center over 20,000 square feet and more than four users. He stated the parcel is zoned PUD as part of the overall Hills of Clermont Development. He said the parcel is in an area designated for commercial development as part of the master development plan. Mr. Henschel stated that the site is adjacent to the College Station Shopping Center (Chili's & Chic- fil-A) and is currently under development. Mr. Henschel stated the applicant proposes to combine two buildings that are almost completed with construction into one large 26,000 square foot building. He stated that the proposed use will be a mixture of restaurant and recreational entertainment. He said that with the main draw being the restaurant, the entertainment portion will include a full size bowling alley, a small scale bowling alley, arcade, and kids play room. Mr. Henschel stated that there is a mixture of commercial uses surrounding the subject property. He stated that annexations and subsequent development have intensified the character of the area. He stated that this area is appropriate for this type of development. Mr. Henschel stated that staff feels the proposed use is unique and a welcome form of business that is appropriate for this area of development. He stated that staff recommends approval of the request for a CUP to allow building with more than 20,000 square feet and with more than 4 users on this C-2 (General Commercial) zoned parcel. Rick McCoy, 2266 Three Rivers Dr., Orlando, stated that there are four separate lots each with a building planned for each lot. He stated that due to the economy they are having a hard time finding tenants for each building. He stated that his client has decided to build one building containing a restaurant, bowling alley, bar, and an arcade for a place Clermont residents can spend the evening. Board member Banzhaf stated that he feels this is a great idea and something that Clermont can use. Board member Dubuss stated that she agreed. Board member Boyatt also agreed that it is a great idea. Board member Gray stated that it is a worthwhile recreation facility and thinks it is great. Chairman Pape stated he is glad it is not another 20,000 square feet of retail. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 3, 2008 Page 8 Board member Proli stated that she feels it is a great concept. She asked if an addition will be built in between the two buildings that are there now. Mr. Henschel stated that yes an addition would be built in between the two buildings to create one large building. Board member Proli asked if there were two bowling lanes in the facility. Mr. McCoy stated that he believes one is a regular bowling lane but the other may be an electronic bowling game geared more for kids. Board member Proli stated she does not see any restrooms near the bowling area and she is concerned about there being only one restroom in the restaurant area at the other end of the building. Mr. McCoy stated that there are standards that will have to be met during site review and they may have to add more restrooms. Board member Proli stated she wanted it stated on record that she would like for them to take in consideration to add more restrooms. Mr. McCoy stated he would pass the message on to the owner. Board member Proli stated she did not see a landscape plan included in the packet and wants to make sure there is adequate landscaping. Mr. McCoy stated that they will do the landscape to code. He stated that there are 20 foot landscape buffers on Hooks Street and Hancock Road. Board member Proli asked if there will be a traffic light at Hooks Street and Hancock. Mr. Hitt stated he heard the light would be installed in August. Board member Whitehead stated that her main concern is it becoming a drop off for kids. Mr. McCoy stated that it is also a concern of the owners. He stated they already have one in Orlando now and they do have a plan in place with their management team to handle any situations that come up pertaining kids. Board member Proli stated she wanted to make sure there is adequate lighting for night time. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 3, 2008 Page 9 Mr. McCoy stated that there would be adequate lighting and that will be reviewed through site review. Commissioner Boyatt moved to approve the request, 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 7:50. ATTEST: Rae Chidlow -Administrative Assistant