09-04-2012 Regular Meeting - Supporting DocumentsCITY OF CLERMONT
PLANNING AND ZONING COMMISSION AGENDA
7:00 P.M., Tuesday, September 4, 2012
City Hall — 685 W. Montrose Street, Clermont, FL
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
MINUTES
Approval of the Planning and Zoning Commission Meeting minutes held August 7, 2012.
REPORTS
Planning & Zoning Director, Chairman, Commission Members
NEW BUSINESS
Item 1 — Lake County Activity Center Request for a conditional use permit to
CUP allow an adult day care facility in the M-1
Industrial zoning district located at 246 and
248 Mohawk Road.
Discussion of Non -Agenda Items
ADJOURN
ANY PERSON WISHING TO APPEAL ANY DECISION MADE BY THE PLANNING
AND ZONING COMMISSION AT THIS MEETING WILL NEED A RECORD OF THE
PROCEEDINGS. FOR THAT PURPOSE, SUCH PERSON MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
BASED. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT
(ADA), IF ANY PERSON WITH A DISABILITY AS DEFINED BY THE ADA NEEDS
SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING, THEN
NOT LATER THAN TWO (2) BUSINESS DAYS PRIOR TO THE PROCEEDING, HE
OR SHE SHOULD CONTACT THE PLANNING & ZONING DEPARTMENT AT 352-
241-7302.
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 prior 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
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 C 1 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
vanance.
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 electric.
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.
Cuqui Whitehead, Chairwoman
ATTEST:
Rae Chidlow — Administrative Assistant
A
CITY OF CLERMONT
PLANNING & ZONING COMMISSION
September 4, 2012
CITY COUNCIL
September 25, 2012
REQUEST: Request for a CUP to allow an Adult Day Care Facility to be
established in the M-1 Industrial zoning district.
PROJECT NAME: Lake County Adult Activity Center
OWNER: Mercator Properties Inc.
APPLICANT: Carolina Garcia
LOCATION: 246 & 248 Mohawk Rd
PARCEL SIZE: 1 acre +/-
FUTURE LAND USE: Industrial
EXISTING LAND USE: Commercial/Office Building
EXISTING ZONING: M-1 Industrial
SURROUNDING CONDITIONS:
ZONING
NORTH:
M-1 Industrial
SOUTH:
M-1 Industrial
EAST:
City of Minneloa
WEST:
M-1 Industrial
EXISTING LAND USE
Office
Office
Residential
Office
ROAD CLASSIFICATION: Mohawk Rd. — Local
UTILITY AREA: City of Clermont Water / Sewer
SITE UTILITIES: City of Clermont Water / Sewer
SITE VISIT: 8-21-12
SIGNS POSTED: By applicant.
FUTURE LAND USE DISTRICT
Industrial
Industrial
Residential
Industrial
1 — Lake County Adult Activity Center CUP
ANALYSIS:
The applicant intends to locate an adult day care facility in an office building. The 2,050
square foot unit will be the new home for the Lake County Adult Activity Center. The
center will provide a safe place to go during the week to socialize, participate in
supervised activities, and receive physical care and monitoring as needed, all while
retaining as much independence as possible.
Lake County Adult Activity Center was previously approved as a CUP in 2009 at 1172
Grand Highway. This Grand Highway location has now become too small for their
growing business, and now proposes to relocate to this site off of Mohawk Rd. as their
new potential home.
Lake County Adult Activity Center will be a licensed adult day care facility with the
capacity of up to 30 adults. Hours of operation will be Monday through Friday from
8:00am to 5:00pm and three employees will staff the facility throughout the day.
Aerial View of 246 & 248 Mohawk Rd
2 — Lake County Adult Activity Center CUP
View from parking lot on west side of building.
STAFF RECOMMENDATION: Staff believes this development is consistent with the
uses in the area and recommends approval of this Conditional Use Permit request for an
adult day care facility with the following CUP conditions as listed.
CUP CONDITIONS:
Section 1 - General Conditions
The conditions as set forth in this Conditional Use Permit shall be legally binding upon any
heirs, assigns and successors in title or interest.
2. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove,
improve, move, convert, or demolish any building or structure, or alter the land in any
manner within the boundary of the project without first submitting necessary plans,
obtaining necessary approvals, and obtaining necessary permits in accordance with the City
of Clermont Land Development Regulations and those of other appropriate jurisdictional
entities.
No business can occupy any portion of the building unless the proposed business has applied
for and obtained a Local Business Tax Receipt from the Planning & Zoning Department.
4. If any of the stated conditions are violated, the applicant understands and agrees that the City
Council may revoke this Conditional Use Permit by resolution.
The Conditional Use Permit must be executed and processed through the office of the City
Clerk within 90 days of its date of grant by the City Council or the permit shall become null
3 — Lake County Adult Activity Center CUP
and void.
6. The Applicant shall record in the Public Records of Lake County within 90 days of its date
of approval by the City Council, a short -form version of this Conditional Use Permit as
provided by the City or a form acceptable to the City, to provide notice to all interested
parties, the assigns, successors and heirs of the developer/applicant and all future owners of
the above -referenced property that the real property described above is subject to the terms
and conditions of the Conditional Use Permit.
7. This permit shall become null and void if the Adult Day Care has not begun operations with
a certificate of occupancy within two (2) years of the date the Conditional Use Permit is
executed and signed by the appropriate parties.
8. The structure shall be inspected by the Fire Marshall for life safety requirements. All
requirements must be met prior to any Certificate of Occupancy being issued.
9. The structure shall be inspected by the City Building Inspector and all building code
violations must be corrected prior to a Certificate of Occupancy being issued.
10. Residential uses shall not be permitted.
Section 2 — Land Use
1. Permitted uses shall include an adult day care facility. Other permitted uses in the M-1
Industrial zoning district are also permitted.
\1Cityhall\stiates\Planning and Zonir glC?eveingrrients\CUP's1l ake County Adult Activity Gentc.i CUF P&Z 9-4.CC 9-25-12.do(
4 — Lake County Adult Activity Center CUP
CITY OF CLERMONT
°'✓ CONDITIONAL USE PERMIT (CUP)
APPLICATION
DATE: 7 1 26/12- FEE: ADO CD
PROJECT NAME (if applicable):
APPLICANT. LOAe- buoy Adu I � A G v+
CONTACT PERSON:_ Crol►nc, - . C�GcrGc
Address: 124& 12-q S
City: State: -::F1 Zip: 3 7
Phone-13-62.9-79i27-70 Fax: 3SzgaN &LOS
E-Mail: L.a K-cf
OWNER:m eI'P e/ asO>°i� 1I 5 Th C
Address: 30 M a A g w �]
City: OU m c 17L State: L Zip: 31i 71
Phone: �6 7,5 -) 9y Fax:
Address of Subject Property: 2qG 12-02 `?Y)1hc,,A)K R6 , CfPrr,-r,�.�
General Location: a fly �n�e/s�G1�i'oY! C�Trus ocd��
211d aepc) MOIRWh
Legal Description (include copy of survey):
Land Use (City verification required):
Zoning (City verification required):
CITY OF CLERMONT
CONDITIONAL USE PERMIT (CUP)
APPLICATION
Page 2
Detailed Description of request (What are you proposing to do and why is it appropriate
for this location? Attach additional page is necessary.
Appli nt Name (print)
ner Name (pri
i
x
Applicant Name (b re)
x 76t n el zAMe
Owner Name (' e)
******NOTICE******
IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE, IT WILL
BE SUBJECT TO A DELAY ON PROCESSING AND WILL NOT BE SCHEDULED
UNTIL CORRECTIONS ARE MADE.
City of Clermont
Planning & Zoning Department
685 W. Montrose St.
P.O. Box 120219
Clermont, FL. 34712-021 9
(352) 394-4083 Fax: (352) 394-3542
My name is Carolina Garcia my residence is 13224 Pinyon
Drive in Clermont, Fl
I'm here on behalf of Lake county adult activity center to
request a conditional use permit for property 246/248
Mohawk Rd. Clermont, Fl. 34711
Our senior day care opened in 2009 it's current location is
1172 Grand Hwy. Operating hours are Mon — Fri 8-5pm.
We have out grown this 1350 sgft building w/a full
capacity (15 capacity), 3 wheelchair participants and
3walkers it's becoming impossible to move around
comfortably.
Families will drop off their loved one anywhere from 8 to
11:30am and pick up from 3:30 to 5pm never having traffic
congestion since clients arrive @ different times. These
units conveniently have 2 handicap parking spaces
w/handicap ramp located right in front of the main
entrances.
This program has been developed for elders that need
supervision. The adult day care provides them with
preparation of breakfast, lunch & snacks, along with a
variety of activities to maintain seniors socially and
mentally active.
We are seeking permission to move our day care program
to this larger space where we will be able to accommodate
and better service our seniors. We will be combing two
units equaling 2050 sgft.
Due to continuous growth we believe relocating to this
building will be a positive move for our community.
v
T
LJ 3
TRACT C V
INATEI NETENT ION ARAI
LOT 12
LOT 0
FOUND A34 CONCRETE NOMIENT US 44341
I TYPICAL
N89' 38' 26' E 249.68'
b 1.5' UTILITY 6 BRAFMAGE EASEMENT
r— -- ------ --- —-------caal7trui-- — — — ——
-- — �
16 6' 1t:f' 79 1'
I �
I I
I I
I I I
I t
I I
I I = —
I I N
I I W —
I I �
z
W CATCH U31N doh rt A
N i ❑ g ` N.C.AREA c T. l rAa►D A
APA
g I
I I
I I N
I I �
I I o
fn
Eax IULK
I I
I ❑ CATCX BASiX 1
I PR I
❑ CATCH WIN
7.5' uTlUir AINAGE EASEMENT
N89.38' 26' 6 249. 56'
LOT .
TV I
8
TONS POLE
1
0
3
I
<
a
V'>
Q
Ic
<
CD
Sc
_ o�
00 �M
o�
fl�
0