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01-19-1999 Regular Meeting• • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION JANUARY 19,1999 The meeting of the Planning & Zoning Commission was called to order Tuesday, January 19, 1999 at 7:00 P.M. by Chairman Robert Smythe. Members present were Joseph Janusiak, Bill Rauch, Misty O'Bar, Elaine Renick, Charles Forth, Matt Modica and Wanda Andrews. Member Michael Floyd was absent. Also attending were Lanny Harker, Director of Planning, and Mimi Ogden, Planning and Zoning Specialist. MINUTES of the Planning and Zoning Commission meeting held December 1, 1998 were approved as presented. 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: IXC Communications Services, Inc. OWNER: Mercator Properties, Inc. LOCATION: Lot 19, Clermont Commons Subdivision REQUEST: To allow the construction of a fiber optics regeneration station in the M-1 Light Industrial District. Planning Director Harker explained that the applicant is requesting a Conditional Use Permit for a fiber optics regeneration station at the Clermont Commons Subdivision, lot 19, which is adjacent to South Street and is the division line between Minneola and the City of Clermont. The facility will be a 1000 square feet (20' x 50') unmanned building utilized to monitor and boost the light waves of the fiber optic line and would be visited approximately one time per week. The Clermont Commons Business Park is a multi-use development that presently provides an array of uses from schools to warehousing. The property is zoned M-1(Industrial District). Adopted City Code provides that a utility, which is not operated by the City of Clermont, will be required the review and approval of a Conditional Use Permit in order to be constructed within the City boundaries. The site is also consistent with the Future Land Use District designation (UD-5) and Future Land Use Map (Industrial use designation) and will not be adversely affected by the request for the proposed fiber optic facility. Land uses surrounding the site include the business~Professional park to the south, east and west, and a residential subdivision (High Point Subdivision -City of Minneola) to the north. Based upon consistency with adopted City zoning regulations, conformance with Comprehensive Plan directives, and compatibility with existing land uses of the area, Staff recommends approval of the fiber optic regeneration station with the conditions as outlined in the Commissions packet. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION JANUARY 19, 1999 Page-2- Member Matt Modica asked the height of the proposed building. Planning Director Harker stated that it would be one story, with no antennas or satellite dishes. Member Charles Forth asked regarding condition # 17, would the parking/driveway be gravel. Planning Director Harker explained that the condition states that the parking and vehicular use area will have to be constructed according to Code, which would not allow for gravel. Member Charles Forth asked regarding condition #22, the shrub height 2 years after planting, would that be to screen the total fence based on it's height. Planning Director Harker stated that is correct. A motio» was made by Bill Rarich to recommend approval to the City Council as presented by staff. seconded by Joseph Janr~siak and approved by a unanimous vote 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Magic Moments Learning Center, Inc. GENERAL LOCATION: Parcel generally located on the north side of Desoto Street, approximately 150 feet west of West Avenue. REQUEST: To allow the construction of a child care facility in the R-3 ResidentiaUProfessional District. Planning Director Harker explained that the applicant is requesting a Conditional Use Permit to establish a child care facility in the R-3 ResidentiaUProfessional District. The proposed location is 980 West Desoto Street which has historically been known as the "old onion barn" site. The applicant intends to demolish the existing structure and construct a new building to accommodate the day care operation. The facility is proposed to have approximately 4,700 square feet of area with approximately 3,000 square feet of class room space. Based upon HRS criteria enrollment may be provided for up to 85 children at the facility. At capacity, eight (8) teachers and two (2) additional employees will be engaged by the child care operation. • i CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION JANUARY 19, 1999 Page - 3 - The proposed site is located in the NED-6 (Non-Established District) which allows orderly and desired change in the existing land use through controlled new development and/or renovation of existing development. The subject site is located in the R-3 (ResidentiaVProfessional) Zoning District. Surrounding zoning is R-3 in all directions except at the northeast corner of the property where it abuts with the Central Business District (CBD). Surrounding land use is residential to the west; residential and the CBD to the east; warehousing, residential and a church to the south; residential and business/bed and breakfast uses to the north. Based upon consistency with adopted City zoning regulations, conformance with Comprehensive Plan directives, and compatibility with existing land uses of the area, Staff recommends approval of the child care facility with the conditions as outlined in the Commissions packet. Planning Director Harker noted that it has been brought to his attention that a clerical error needs to be changed on condition #19 and #28 in that Montrose Street should be changed to Desoto Street. Member Charles Forth stated for the record that he has no interest in this property, however, he has raised several issues with the City over the past several years regarding this property, and would like this to be noted for the record should there be any point of conflict. Member Forth further noted that he did meet with Mr. Allison regarding this project prior to his being appointed to the Commission, when they were seeking encouragement from the general public. Member Forth also noted that he did contact Mr. Allison on Friday, January 15 at approximately 6:00 p.m., after City Hall was closed, regarding conditions #19 and 28 which stated Montrose Street, rather than Desoto Street. At this time Chairman Smythe asked all those present who wished to speak in regard to this case be sworn in. Persons sworn in were Sam Allison of P.O. Box 120103, Clermont, Florida. Member Wanda Andrews asked how many children would be located at this facility. Mr. Allison noted that this is a separate facility from their existing location which is presently licensed for 119 children. Member Andrews asked if, at the present facility, there is 119 separate vehicles or do some of the parents car pool. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION JANUARY 19, 1999 Page-4- Mr. Allison explained that many of the children have siblings, some as many as three. Approximately 40 of the children are of school age, with most of those being brought in on the bus in the afternoon after school is over. Member Andrews noted her concern with the aesthetics of a chain link fence. Member Elaine Renick stated that it would appear from the site plan that the landscaping would be inside the fence. Mr. Allison noted that he could locate the landscaping on the outside of the fence. Member Andrews asked what the Code requires for landscaping around the fence. Planning Director Harker explained that City Code requires shrubs at the time of planting to be 24" high and 30" on center, which would be required along all parking areas and residential boundary areas. The Code further requires one tree for each 75 feet adjacent to abutting properties and one tree for each 50 feet adjacent to a roadway. Member Matt Modica noted that they are all concerned regarding the aesthetics of this and suggested that a wooden fence with vines on it may be more attractive. Mr. Allison stated that this could be done if the Commission so desires. The chain link fence would not make the children feels as boxed in as a wooden fence may do. Member Andrews noted that she has a concern with 85 more cars being in the downtown area, plus teachers and employees. Planning Director Harker explained that there will be increased traffic in the downtown area in the future. This property is a part of the Community Redevelopment Area which was created to modernize and renovate the downtown area. At this time Charlene Forth of 939 West Desoto Street, Clermont, Florida and Joe Zagame, of 230 Mohawk Road, Clermont, Florida were sworn in. Charlene Forth stated that their property would probably be one of the most affected by this project as they are directly across the street from the subject site. Code Enforcement on this property has been on continual concern, and she felt the building is condemnable. It has devalued our property and several other neighbors are also not happy with the condition of the property. • • CITY OF CLERMONT MINUTES PLANNIlYG AND ZONING COMMISSION JANUARY 19,1999 Page - 5 - Mr. Allison stated that he has spoken with all of the neighbors, with the exception of the owner of the property on the north side, and the proposed project has been welcomed by all of those contacted. Joseph Zagame stated that the businesses that are located within the downtown area will welcome the traffic. Mr. Zagame further noted that wooden fences that are not maintained properly will not look good, certain chain link fences with a green coating on them along with some landscaping look fine. Chairman Smythe indicated that most wooden fences require significant maintenance. Member Charles Forth stated that whether this applicant or another applicant develops the site it will certainly be an asset to the City compared to the current condition of the property. Whatever improvements are made to the property will be captured for the CRA and a certain amount of this will go back into this area, whether it be road improvements, sidewalks, landscaping, etc. There is a need in the area for traffic in the downtown area, not only for the downtown business district but in it's revitalization efforts. Lastly, there is a great need in the South Lake area for child care facilities. Further discussion followed regarding the aesthetics of the fencing. Mr. Zagame noted that if the Code requires the shrubs to be 2' high at the time of planting and the fence is 4 feet high, with proper watering, the fence should hardly be visible within six to eight months. Chairman Smythe asked the applicant what he intends to do with the garage that encroaches on the subject property. Mr. Allison stated that they plan to use the garage for storage, which the owner has agreed to. The existing trees hide the garage and he does not wish to cause any hardship on the neighbor by making her remove the structure at this time. A motion was made by Charles Forth to recommend approval to the City Council as presented by sta ff with Montrose Street bei»~ replaced with Desoto Street in conditions # 19 and 28 seconded b Joseph Jamisiak and ~broved by a unanimous vote 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Paul G. Zelones, Architect OWNER: Diocese of Orlando • i CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION JANUARY 19, 1999 Page-S- GENERAL LOCATION: Parcel generally located at the northwest corner of 12"` Street and State Road 50. REQUEST: To allow the construction of a new Church Sanctuary, Parish and Sunday School, located in the R-3 ResidentiaUProfessional District. Planning Director Harker explained that the Blessed Sacrament Catholic Church located on the northwest corner of 12''' Street and State Road 50 is requesting a Conditional Use Permit for construction of a new Church Sanctuary, Parish, and Sunday School facility. Initially the Church Sanctuary is to commence development activities with a 950 seat, 15,650 +/- square foot building. The building is intended to be utilized in a continuation of the present church function but on a larger scale as growth of the area and corresponding church attendance increase. Upon completion of the new Sanctuary the existing sanctuary will be abandoned. A use for the existing sanctuary is unknown at this time. Construction of the Parish (10,300+/_ Sq. Ft.) and additional Sunday School facility (4,400 +/- Sq. Ft.) will occur at a later date as resources and demand necessitate. Included within the application for the Church building expansion is a variance request for the height of the Sanctuary which is to be 48 feet as opposed to 45 feet as permitted by City Code. Surrounding land use includes the Emerald Lakes Shopping Center and banking facilities to the south; Industrial, residential and City recreation facilities to the east; City recreation facilities and Public Services Operation Center to the north; and the Palatlakaha Marsh area to the west. The Future Land Use District designation (NED-1,Non-Established District) and Future Land Use Map (Institutional/Residential) will not be adversely affected by the request for the proposed Church property improvement and alteration request. Therefore, based upon demonstrated consistency with adopted City zoning regulations, conformance with Comprehensive Plan directives, and compatibility with existing land uses of the area, Staff recommends approval of the Conditional Use Permit with the conditions as outlined in the Commissions packet. At this time Chairman Smythe asked all those present who wished to speak in regard to this case be sworn in. Persons sworn in were Paul Zelones, Architect, of 1095 Harbor Island Road, Orlando, Florida. Mr. Zelones presented to the Commission an artist rendering of the proposed structures and gave a brief synopsis of the project. Mr. Zelones noted that the existing sidewalk along Montrose • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION JANUARY 19, 1999 Page-7- Street is actually on the Church's property and not on the City right-of--way as it should be. The existing entry drive on 12~' Street will be closed and the existing intersection of 12~' and Montrose Streets will be improved by installing an additional lane, so there will be one lane going west on Montrose Street and two lanes out, going east on Montrose Street. Further discussion followed regarding the parking problems that presently exist at the City's park, which at times overflow into the Church's parking lot. Mr. Zelones stated that Church is proposing to install a new access into the property on State Road 50 at an existing median cut on Highway 50. Member Charles Forth asked if the City has a formula that is used for impervious surface ratio and asked if there is any significant change in the size of the proposed buildings Planning Director Harker explained that each time the applicant proposes to construct one of these buildings, they will have to go through the Site Review Committee for approval of their site plans. Member Charles Forth stated that he was concerned with the egress off of State Road 50 with the easterly traffic having to cross two lanes of traffic and their is a lane exiting the site to the west and also a lane for traffic to go straight across the median. Mr. Forth stated that he feels there should either not be a cross over at that median or there should be two lanes in to the site so there will not be a stacking problem on Highway 50. Mr. Zelones stated that they have been working with FDOT and they have said that they can have one lane of traffic exiting out. That one lane could either cross the median or go to the west, they had originally requested two lanes. They have discussed the possibility of putting in a deceleration lane for the traffic heading east. Member Charles Forth asked if they would be installing a deceleration lane for the west bound traffic entering the site. Mr. Zelones stated that FDOT said that would not be needed. They have assessed the site and were satisfied with no west bound deceleration lane. The present design is actually from FDOT's recommendation. Member Matt Modica stated his concern for traffic safety in this area, noting that people heading west may need to speed up to get through a yellow light at 12~' Street, which could cause an accident. CITY OF CLERMONT MIlVUTES PLANNING AND ZONING COMMISSION JANUARY 19,1999 Page-8- Member Charles Forth stated that he welcomed the Church and its expansion, however, he does have concerns regarding the public safety as far as a stacking issue. There is presently a stacking problem at Twelfth Street and Montrose Street. Closing the second entrance from Twelfth Street is good, however, this will now put more traffic entering and exiting from the State Road 50 side, with no deceleration lane. Member Forth further stated that he would rather see the original entry off of Twelfth Street remain. Planning Director Harker stated that the Commission could strongly recommend that a right taper be added, however, this is a purview of FDOT. Mr. Joe Zagame stated that the cost of doing the accel and decel lanes should also be looked at. FDOT is normally over protective, they will not approve this project without one if they determine there is a concern there. If it were to really become and issue, it may be necessary to have a police officer present to guide traffic. Member Elaine Renick asked if it were necessary to close the existing second driveway on Twelfth Street, is it necessary to have an entry on State Road 50. Planning Director Harker asked Mr. Zelones what the distance is from the traffic Ight to the entry on State Road 50. Mr. Zelones said that it was approximately 500 to 600 feet. Further discussion followed regarding traffic safety conditions. A motion was made by Member Wanda Andrews to recommend approval to the City Council as presented by staff with the addition ofa recommendation that a deceleration taper be required or west bound tra ac into the Saab 'ect site rom State Road SO seconded b Jose h Janusiak and approved by a amanimoa~s vote. There being no further business the meeting was adjourned. obert Smythe, Chair an ATTEST: Mimi Ogden, Ptann'ng and Zoning Specialist FORM SB ME~DRANDUM OF VOTI~ CONFUC7 FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAS7 NA1.1L-FIRST NAME-MIUULE NAME \IAILINC~ .aUUNt:SS 93~ ~r/ ~~~o~ ,ST CITY COUNTY UATE ON \1'HI('H VOTE (X'C'URREU /~tv~.ft;~.~/ /9. ~9~9 NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE THE ROARU. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: CITY `. 'COUNTY .:OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: .: ELECTIVE (~ APPOINTIVE WHO MUST fllE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or clcctcd board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly dcpending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PR10R TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on \vhich you are abstaining from voting; and WlTH1N 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recordinf the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure whict inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to thl special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but mus disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whcthe made by the officer or at his direction. !F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHIC} THE VOTE WILL BE TAKEN: • You should complete and fife this form (before making any attempt to influence the decision) with the person responsible fo recording the minutes of the meeting, who will incorporatc the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interes (1 I IIH\I KN III~Nh P~ • IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 1 S days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OfEICER'S INTEREST ~~vv I, ~fi~fJ~S' Lt,69yit~i ~i~ ~~ ,hereby disclose that on t~f}~y~9~lr ~y 19%L_ (a) A measure came~or~lwi~ll come before my agency which (check one) %~ a~ • 'gain; or %~~°~-- ©~ T~~'s t~'d,~i¢~ ~/ inured to the special gain of ___ _ , by whom I am retained. (b) The measure before my agency and the nature of my interest in th measure is as follows: ~~~vt ~' Z o•V A-GF~+lhlt ~/G~ /1'jol~E.~ll3~ .~/CA~~ ~ ~~ few ~.,~a~,erj/ GdG9~-~ .?~i.~E~Zf~ ~9G~s5' ~ssdra .~T ~~ ~l~ ~~~~. Lj1%P,K~itrT' ~at~~navS o sue, ,~vu ~ ~ ~ ~iG/~725 ~ ~U~ ~ '`,~'9"1'~6 P 1U~ ~y ~ t~9D c~~~ ov,~-%~ ~~~~~r` ~~~~9'9 Cam- ~ 7~,~n-- ~ o~ ~~~ -~~~ ~o ~ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY $E PUNISHED BY ONE OR MOitE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION tN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. ~E FORM RB ~ IQ-Rh