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10-07-1997 Regular Meeting• CITY OF CLERMON'f MINUTES PLANNING AND ZONING COMMISSION OCTOBER 7, 1997 The meeting of the Planning & Zoning Commission was called to order Tuesday, October 7, 1997 at 7:00 P.M. by Chairman Robert Smythe. Members present were Keith Mullins, Darryl Bishop, Joseph Janusiak, Marilyn MacLauchlin and Bill Rauch. Members absent were Joseph Wiebush and Michael Floyd. Also attending were Lanny Harker, Director of Planning and Mimi Shaw Ogden, Planning Technician. MINUTES of the Planning and Zoning Commission meeting held September 3, 1997 were approved as presented. 1. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Kenneth E. Waitt OWNER: Bob Thompson -Homan Investment Group LOCATION: 1324 Grand Highway REQUEST: A request for a Conditional Use Permit to allow the operation of a professional office in the R-3-A ResidentiaUProfessional District. Planning Director Harker explained that the applicant is requesting a Conditional Use Permit for a professional office (insurance agency) to be located on the above described property, and at a later date to allow an additional business to be permitted in the same building. The subject site is the second parcel south of the southwest corner of the intersection of Grand Highway and Almond Street. Surrounding existing land uses include residential to the north and west, professional officelcommercial to the south (Bank First & 7-11) and commercial to the east (Clermont Regional Shopping Center). Surrounding zoning is R-2 (Medium Density Residential) to the west, R-3-A (ResidentiaV Professional District) to the north and south, and C-2 (Highway Commercial) to the east. Lots 5, 6 and 7 were rezoned to R-3-A by the City Council at the public hearing of Apri126, 1994. The rezoning occurred in response to a formal request by the property owners for professional offices to be situated adjacent to Grand Highway which is designated as a"collector roadway". Rationale expressed and agreed was that existing areas adjacent to U.S. 27 and S.R. 50 were in a transitional state from former residential use to professional office and commercial oriented uses. Subsequent to the rezoning lot 5 has been approved for two (2) professional office uses. The first activity was that for a residential draftsman. Included in the request was a variance for mulch parking to be allowed on the site: This was a single person office and type of use that generated an extremely low volume of traffic (number of in-out movements/trips per day). The use was approved along with the variance for mulch parking. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 7, 1997 Page-2- The second activity, which is still in existence on lot S at this time, is a temporary banking facility. The request for the provisional bank also included the use of mulch parking. The City Council ganted both the use and the variance. However, rationale for ganting the bank use and mulch parking included specific time requirement for commencement of construction at the permanent site. The permanent site lies directly adjacent to this property on lots 1,2,3 & 4. Inherent in the understanding for the approval was construction of the permanent driveway and parking facilities. Construction of the ingess/egess drive and a large portion of the parking area have been completed at this time. Landscape revision by the bank has deleted the existing driveway on lot 5 and access to the site is now achieved via the new bank improvements. At the time of the original professional office approvals mulch parking could only be permitted by the City Council. Subsequent to the previous approvals the Land Development Regulations have been amended and City staff is now directed to address the issue at the time of site review. Essentially, traffic volumes generated by professional office uses mandate construction of permanent parking. Further, an identical type of insurance agency use has been permitted at the intersection of Highland and East Avenue. The professional office was required to provide permanent on-site parking at the time of approval. Understanding the proposed land uses are equivalent Staff will be obliged to require construction of permanent parking on the site. Staff will recommend approval of the professional office uses on Lot 5 based upon demonstrated consistency with required zoning district classification, future land use district and land use map designations, and cognizance of the transitional land use occurring in the area . Approval of the proposed use is conditioned upon compliance with the conditions outlined in the Commissions packets (which included the following): 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and/or successors in title or interest. 2. The property may be used as a professional office only. No change of the use or additions to the use or facility shall be permitted except as approved by another Conditional Use Permit. 3. The property shall be developed in substantial accordance with an approved site plan incorporating all conditions of this Conditional Use Permit. Said plans shall be submitted for review and approval of the Site Review Committee prior to authorization and issuance of a development permit. 4. All applicable rules and regulations shall be met, including but not limited to final site plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks. All required landscaping must be served with a permanent irrigation system including City approved back-flow prevention device and rain sensor gauge (automatic irrigation system requirement only). All landscape areas must be properly*maintained. The drainage and stormwater retention requirements of the City and the appropriate regulatory agencies shall be met, and approved by the City Engineer. These areas shall be properly maintained. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 7, 1997 Page - 3 - 5. Verification of the stormwater run-off data and other assumption and calculations must be provided and approved by the City Engineer prior to any development activity. 6. A St. John's River Water Management District stormwater permit or certificate of exemption shall be required and filed with the City prior to receipt of a building permit or any development activity. 7. A parking, traffic circulation and ingresslegess plan shall be submitted and approved by the City Site Review Committee prior to any business activity on the site. 8. Buffering and screening shall be required from all abutting uses in accordance with adopted City Codes and in conformance with the approved site and landscaping plan approved by the City Site Review Committee prior to any business activity on the site. 9. Norse levels during construction of the project shall not exceed those recommended by F.D.E.R. Heavy equipment and normal work operations will be allowed on the site between the hours of 7:00 A.M. and 7:00 P.M. Monday through Saturday. Construction equipment preparation, noise or machinery engines will not commence earlier than 7:00 A.M. 10. The permittee/developer shall provide a concrete dumpster enclosure with wooden doors on the subject property. The size and location of the dumpster shall be indicated on a site plan and approved by the Site Review Committee. 11. All required site improvements shall be constructed prior to a Certificate of Occupancy or Occupational Licence being issued for the proposed business. If occupancy or business activity occurs prior to improvements being provide this Conditional Use Permit shall become null and void. 12. If, at a future date, parking at this site proves inadequate the applicant understands and agrees that the City may require additional parking or rescind this Conditional Use Permit. 13. The permit shall become null and void (expire) if a Certificate of Occupancy and Occupational Licence have not been issued for the proposed site and use within one (1) year from the formal date of grant of this Conditional Use Permit. 14. 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. Chairman Smythe asked Mr. Waitt if he has investigated the possibility of using pervious concrete. ~ s CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION OCTOBER 7, 1997 Page-4- Mr. Waitt stated that have done some investigation, however, the professional office he is requesting would have much less trips generated than would the bank facility presently located on the property. Most of the business done in the field of insurance today is done predominately via telephone and fax. Having been in the business for nine years, the average number of customers that actually come to the office are probably two to three a day. Mr. Waitt fwther stated that he would like to continue using the mulch parking area Member Darryl Bishop noted that Mr. Waitt had not taken into consideration the amount of traffic that may be generated by the other office. Mr. Waitt stated that the other professional office would probably be a low volume traffic generator similar to his use. Planning Director Harker stated that the recommendation by Staff is that the applicant be required to meet all of the requirements of City Code, which include the installation of a hard surface parking area and water retention area. Mr. Robert Thompson, owner of the property, stated that City Council has twice in the past approved the use of mulch parking on this property. One of the conditions with the Conditional Use Permit is that it can be rescinded at any time if the use is found to be a nuisance to surrounding property owners. Although the City may have never exercised this option, it is still an option that can be utilized if the need should arise. Mr. Thompson further noted that he has asked the present occupants of the building (BankFirst) the approximate number of trips generated per day and they estimated anywhere between 70 to 100 per day. This is a much higher number of trips than will be generated by most other small business uses. There have been many other cases where the City Council has granted a variance to allow mulch parking and there does not seem to have been a problem with the use of mulch at these business. A motion was made by Member Keith Mullins to recommend approval of this Conditional Use Permit to the City Council with the conditions as outlined by Staff, with the recommendation that the applicant be allowed to use mulch parking. The motion was seconded by Member Bill Rauch and approved by a unanimous vote. There being no further business the meeting was adjourned. ~~ ATTEST: Mimi Ogden, nn' g TechniciAn