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.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
OCTOBER 7, 1997
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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.
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MINUTES
PLANNING AND ZONING COMMISSION
OCTOBER 7, 1997
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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.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
OCTOBER 7, 1997
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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.
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ATTEST:
Mimi Ogden, nn' g TechniciAn