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08-07-2012 Regular Meeting City of Clermont MINUTES PLANNING AND ZONING COMMISSION AUGUST 7, 2012 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday August 7, 2012 at 7:00 p.m. by Vice-Chair Nick Jones. Other members present were Robert Boyatt, William Henning, and Judy Proli. Also in attendance were Curt Henschel, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held July 3, 2012 were approved. REPORTS There were no reports. 1. REQUEST FOR CONDITIONAL USE PERMIT REQUEST: Request a Conditional Use Permit to allow an automobile tire& repair center within a C-2 General Commercial Zoning District PROJECT NAME: Tires Plus OWNER/APPLICANT: Pollo Operation Inc. LOCATION: 2625 Highway 50. PARCEL SIZE: 1 acre+/- FUTURE LAND USE: Commercial EXISTING LAND USE: Vacant Building EXISTING ZONING: C-2, General Commercial District City Planner Curt Henschel presented the Staff report as follows: The applicant is requesting a conditional use permit for an automotive tire & repair center. The proposal is to construct a new 8,866 square foot tire & repair center with 10 bays for service, a sales office, and inventory area for tires and parts. As the site plan indicates, the bays will face west and not Highway 50. This new building will`be located where the former Polo Tropical restaurant was operating. The existing building will be leveled to make room for the new tire &repair center building. The C-2 zoning allows for a wide variety of uses but the proposed use requires a Conditional Use Permit. The applicant is not requesting to perform any major repairs such as engine and transmission replacement or body repairs. All proposed automotive work will be done within the walls of the building. Staff believes this development is consistent with the uses in the area and recommends approval of the Conditional Use Permit request for an automobile tire center with the Conditional Use Permit conditions as provided. City of Clermont MINUTES PLANNING AND ZONING COMMISSION AUGUST 7, 2012 Page 2 Commissioner Judy Proli asked about the access to the property off of Highway 50. City planner Curt Henschel stated that the traffic flow has already been reviewed pnor to this application. He stated that all existing access roads will remain the same as they are. Steve Myer, 5949 Sherry Lane, Dallas, Texas, stated that he is representing Tires Plus. Commissioner Judy Proli stated that she hopes the business stays in operation rather than having by an empty building. Commissioner Boyatt moved to recommend approval of the conditional use permit to City Council; seconded by Commissioner Henning. The vote was unanimous to recommend approval for the conditional use permit to City Council. 2. REQUEST FOR CONDITIONAL USE PERMIT REQUEST: Request for a CUP amendment(Resolution# 1508 for a church facility) to allow for additional buildings over 20,000 square feet and to allow for a recreation facility/area. PROJECT NAME: Real Life Christian Church OWNER/APPLICANT: Real Life Christian Church LOCATION: 1501 Steve's Road PARCEL SIZE: 37 acres +/- FUTURE LAND USE: Public Facility/ Institutional EXISTING ZONING: UE Urban Estate EXISTING LAND USE: Church City Planner Curt Henschel presented the Staff report as follows: In December of 2006, City Council approved resolution #1508 which allowed for a church facility with associated uses located at 1501 Steve's Road . Since then, Real Life Church has developed the site and has been growing ever since. Originally the site was to be developed in three phases with one large building over 20,000 square feet in each phase. As of today only two phases were developed, a school building and a multipurpose building totaling 78,000 square feet. The church has decided to revise their site plan for additional buildings, a parking garage, and add a large recreational area with ball fields. The proposed plan now has four buildings exceeding 20,000 square feet each. One building (on plan called phase 2A & B) will total 54,700 square feet, and a second additional building (called phase 4) will total 50,400 square feet. These buildings are for the school expansion, and 1 City of Clermont MINUTES PLANNING AND ZONING COMMISSION AUGUST 7, 2012 Page 3 sanctuary addition. All conditions in resolution 1508 shall remain the same with the addition of these two buildings. The church is also proposing to expand their property line to include a recreational area with a baseball field, soccer field, and a playground area with pavilions. This area was previously approved through Resolution 2010-24 for a recreation area/ball fields for Lost Lake Reserve (parcel Cl.) Field use will be limited to Real Life ministry related purposes. Those uses will include sports, games and other recreational activities for church and academy related programs. Operation of the ball fields (as specified in the City of Clermont Resolution NO. 2010-24) will be between the hours of 8AM-9PM Mon - Thu, 8AM-10PM Fri - Sat and 10AM-9PM Sun. Conditions in Resolution 2010-24 pertaining to parcel Cl shall remain effective(Exhibit B.) The applicant is also requesting variances that will allow these additions and expansions. They are as follows: 1. A parking variance is being requested to allow additional grass parking. 2. A variance to allow a retaining wall to exceed 6 feet in height(up to 10 feet.) 3. To allow for a grading cut to exceed 15 feet(up to 28 feet) 4. To allow an additional monument sign for a third right-of-way. Staff believes this development is consistent with the uses in the area and recommends approval of this Conditional Use Permit request for a Church facility with the following Conditional Use Permit conditions as listed. Mark Montemayor, 1375 Briar Haven Lane, stated that they are requesting to amend their conditional use permit. Commissioner Boyatt asked what the elevations are on the parking garage. Brian Denham, 5026 Hidden Springs Blvd., Orlando, stated that the elevation of the parking garage is about a 22 feet grade. He stated that the parking garage is on a hill so at one point it is at grade and on the other side it is above grade. Vice-chair Jones asked if this is a two level parking garage. Mr. Denham stated that it is a two level parking garage but there are no ramps. He stated that because it is on a hill both levels are accessible at grade. • Commissioner Proli asked what area of the property will exceed 15 feet grade. City of Clermont MINUTES PLANNING AND ZONING COMMISSION AUGUST 7, 2012 Page 4 Mr. Denham stated that the dark lines on the plans are where the grade will be more than 15 feet. He stated that they will be cutting the hill for the soccer and baseball field. He stated that you will still see the hill from the road and they will only be cutting into the inside of the hill. Commissioner Boyatt moved to recommend approval of the conditional use permit to City Council; seconded by Commissioner Proli. The vote was unanimous to recommend approval for the conditional use permit to City Council. 3. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Childs Vending Machines REQUESTED ACTION: Request for a CUP to allow a mixed use site for a single family residence and a commercial outdoor Ice Machine and vending machines in a C-1 Light Commercial Zoning District. OWNER/APPLICANT: Carla Childs LOCATION: 492 Chestnut Street FUTURE LAND USE: Commercial EXISTING ZONING: C-1, Light Commercial District EXISTING LAND USE: Single family residential City Planner Curt Henschel presented the Staff report as follows: The applicant is requesting a Conditional Use Permit to locate a commercial Ice Machine and additional vending machines on a site with an existing non-conforming single family residence. Because the home is in a C-1 Light Commercial zoning district, it is considered nonconforming at this time and may continue as such until that use changes. According to the Land Development Code, in cases where a classification of a use is uncertain, a Conditional Use Permit is required. The applicant proposes to continue to occupy the home but add a commercial outdoor ice vending machine along with a few other smaller vending machines. The ice vending machines is proposed for the west side of the house with the side facing Fifth St. and the vending end, along with the other vending machines (soda or snack types) facing north. The side will be accessed by one shared driveway off Chestnut with the exit onto Fifth St. The southwest corner of the site will also be required to remove the existing cement that was left over from previous uses and curbing, sidewalks and landscaping installed. The corner and all setbacks will be per City codes. Because this is a drive thru and pick-up machine, staff considers the stacking of about eight cars to be sufficient for the proposed use. The house parking is provided for from a branch off the access drive from chestnut which avoids a second driveway, which would have required another variance. City of Clermont MINUTES PLANNING AND ZONING COMMISSION AUGUST 7, 2012 Page 5 There are two variances being applied to in conjunction with this Conditional Use Permit request: > Outdoor storage and display from public streets; ➢ Reduction of landscape materials, due to existing trees on site The Ice Machine and all signage shall conform to sign requirements of the Land Development Code and will all other conditions for the site. Staff recommends approval of the request for a Conditional Use Permit allows a mixed use site for a single family residence and a commercial outdoor Ice machine and vending machines in a C-1 Light Commercial Zoning District. Rick McCoy, 606 S. Main St. Minneola, stated that the Childs have owned this property for years. He stated that is used to be a store at this location and she is already paying commercial taxes on the property. He stated that Ms. Childs has found an innovated way to stay on her property and make money. Commissioner Boyatt asked if the property will be 24 hours a day. Mr. McCoy stated that Ms. Childs has not decided on the,hours at this point. He stated that she is thinking about keeping it open 24 hours for the early fishermen. Commissioner Henning said that the machine states 24 hours. Mr. McCoy stated that they would like the opportunity to be open at four o'clock in the morning for the fisherman. Commissioner Proli asked about vandalism. Mr. McCoy stated that there will be cameras and lighting for security. He stated that this could be another reason to not be open 24 hours, but they would like the option to operate 24 hours. Commissioner Jones asked if a permit would be required for the ice machine. Mr. Henschel stated that they will need a permit because they would have to anchor the ice machine down and there would be electnc. Commissioner Proli asked if the business will be called Child's Vending Machine. Ms. Child's said no it will not be called Child's Vending Machine. City of Clermont MINUTES PLANNING AND ZONING COMMISSION AUGUST 7, 2012 Page 6 Eva Tozer, 999 W. Magnolia St., asked how noisy the machine is. She also asked what the zoning was for the properties surrounding Ms. Childs' property and what about headlights pointing towards other residents. Vice-chair Jones stated that the surrounding properties are commercial and he does not believe there is no residents sleeping in the immediate area. Commissioner Henning stated that there should be some sort of parking. Commissioner Boyatt moved to recommend approval of the conditional use permit to City Council; seconded by Commissioner Proli. The vote was unanimous to recommend approval for the conditional use permit to City Council. There being no further business, the meeting was adjourned at 7:47 pm. i !mot / / q 'i Whitehead, Chairwoman ATTEST: U)..A1..J■ Rae Chidlow—Administrative Assistant