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06-03-1997 Regular Meeting• CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION JUNE 3, 1997 The meeting of the Planning & Zoning Commission was called to order Tuesday, June 3, 1997 at 7:00 P.M. by Chairman Robert Smythe. Members present were Keith Mullins, Darryl Bishop, Joseph Janusiak, Marilyn MacLauchlin, Joseph Wiebush, Michael Floyd, James Brown and Bill Rauch. Also attending were Lanny Harker, Director of Planning and Mimi Shaw Ogden, Planning Technician. MINUTES of the Planning and Zoning Commission meeting held May 6, 1997 were approved as presented. 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Jeffrey C. and Rose M. Biddle . LOCATION: 915 West Montrose Street REQUEST: A Conditional Use Permit to amend Resolution No. 870 to allow retail sales, open air sales and restaurant uses in conjunction with the existing Bed and Breakfast located in the CBD Central Business District. Mr. Harker explained that the applicant is requesting a Conditional Use Permit to alter the existing use of the property to accommodate retail sales, restaurant uses and occasional open air sales in conjunction with the existing Bed and Breakfast establishment at the above identified address. The proposed uses would provide a 392 square foot gift shop area in the structure that is located on the east side of the site; 120 square feet of retail sales in the rear (south) portion of the main building; 147 square feet of restaurant space on the front porch of the main building, and permit use of the gazebo and yard area for open air uses. The existing zoning pattern is CBD (Central Business District) to the east, and R-3 (Residential/Professional District) to the north, south, and west. Parking for the proposed uses will be made available through a conditional parking space use agreement with the owner of the parking lot at the corner of Eight and Montrose Streets as has been accomplished with other converted buildings that are located in the Central Business District. Recognizing the area is essentially transitional in nature, and the proposed uses are consistent with future land use patterns designated for the Central Business District area, City Staff recommends approval of the proposed amendment with the following conditions: 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. Approval of this Conditional Use Permit shall be permitted consistent with all conditions provided and agreed in the original Resolution No. 870. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION 3UNE 3, 1997 Page-2- 3. The structures shall be inspected by the Fire Marshall for life safety requirements, all requirements must be met prior to any certificate of occupancy being issued for the new uses. 4. The structures shall be inspected by the County Building Inspector and all building code violations must be corrected prior to a certificate of occupancy being issued for the new uses. 5. This permit shall become null and void if the new business uses have not begun operation within one (1) year from the formal date of grant by the City Council for this amended Conditional Use Permit. 6. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. ?. 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. A motion was made by Joseph Wiebush to recommend approval to the City Council as presented by staff, seconded by 3oseph Janusiak, approved by a unanimous vote. 2. REQUEST FOR CONDITIONAL USE PERMIT: APPLICANT: New Life Presbyterian Church LOCATION: 655 West Broome Street REQUEST: A request for a Conditional Use Permit to allow the operation of a church in the C-1 Light Commercial District. In conjunction with this request, the City Council will also hear a variance request to allow off-site parking to be located on the adjacent parcel to the west. Mr. Harker explained that the applicant is requesting approval for establishment of a temporary Church in the building historically utilized by the Clermont Women,s Club. It is understood this is a temporary use and location until such time as the church achieves the ability to secure a permanent site and facility. The applicant has requested use of the facility for a period of one (1) year. Parking for the present use (women's club) and the proposed temporary church is not available onsite. The applicant has requested a variance from the City Council to provide parking in the adjacent First United Methodist Church Parking area that lies directly to the west. The Board of Trustees of the Methodist Church have given permission for use of their parking area. The property is located approximately 150' east of the intersection of 7th and Montrose Streets, adjacent to the First United Methodist Church.. Surrounding land use includes residential to the north, Commercial and Professional uses to the south, vacant property to the east, and First United Methodist Church Parking area to the west. s ~ CITY OF CLERMON7' MINUTES PLANNING AND ZONING COMMISSION JUNE 3, 1997 Page-3- Surrounding zoning is C-1 (Light Commercial District) to the east, west and south, and R-3, ResidentiaUProfessional Office to the north. The Future Land Use District Map indicates Commercial uses to the east, west and south, and ResidentiaU Professional uses to the north. Based upon consistency with adopted zoning district requirements, future land use district designations and existing land uses pertinent to the site Staff recommends approval of the temporary church facility with the following conditions: 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 shall be developed in substantial accordance with an approved site plan indicating compliance with City Code requirements and 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. 3. The property may be used as a temporary Church facility only. No expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 4. The Conditional Use Permit for a temporary church facility shall be permitted for a period of one (1) year from the date of formal grant by the City Council. 5. This permit shall become null and void if the church use has not began customary function within six (6) months from the date of formal grant by the City Council. 6. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 7. 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. A motion was made by Marilyn MacLauchlin to recommend approval to the City Council as presented by staff, seconded by James Brown, approved by a unanimous vote. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: South Lake Presbyterian Church LOCATION: 131 Chestnut Street • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION JUNE 3, 1997 Page - 4 - REQUEST: A request for a Conditional Use Permit to allow the expansion of an existing church (approximately 2,100 square feet), located in the R-3-A ResidentiaVProfessional District. Mr. Harker explained that the applicant is requesting a CUP to expand the existing church office area by 2,100 s.f. The requested action would essentially be an in-fill program between the existing fellowship hall and the existing sanctuary/office structures. The subject site is situated at the southwest corner of East Avenue and Chestnut Street and encompasses the land area between Chestnut Street and Linden Street. Land use of the surrounding area includes institutional (Lutheran Church) to the north, and residential uses to the south, east and west. The Future Land Use District designation (ERD-2) and Future Land Use Map category (residential) will not be adversely affected by the request. Therefore, based upon the information provided previously, Staff recommends approval of the church office expansion with the following conditions: 1. The conditions as set forth in the Conditional Use Permit shall be legally binding upon any heirs, assigns and/or successors in title or interest. 2. 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. 3. All applicable rules and regulations shall be met, including but not limited to final site plan approval, landscaping, drainage, parking, sign regulations and all yard setbacks. All required landscaping must be served with a low volume permanent irrigation system including City approved and State mandated backflow prevention device and rain sensor gauge. All landscaped areas must be properly maintained. 4. The site shall be provided with a masonry dumpster enclosure with wooden gates which shall be indicated on the approved site plan. 5. The permittee shall provide a sidewalk constructed in accordance with City and ADA standards along Chestnut Street, Linden Street and East Avenue, the length of the subject property. 6. The permittee shall provide a five foot wide landscape buffer, in accordance with City standards along the south and east property lines adjacent to the existing residential uses. w • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION JUNE 3, 1997 Page-S- 7. This permit shall become null and void if substantial construction work for the church offices has not begun within one (1) year of the date of grant of this Conditional Use Permit. "Substantial Construction Work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. 8. The final Certificate of Occupancy and Occupational License shall not be issued until each of the stated conditions has been met. 9. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 10. 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. A motion was made by Bill Rauch to recommend approval to the City Council as presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote. 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Pam BonJorn LOCATION: 857 East Minnehaha Avenue, 1500 U.5. Highway 27 and 1630 U.S. Hwy 27. REQUEST: A request for a Conditional Use Permit to amend Resolution No. 896 to additionally allow retail uses, located in the C-2 General Commercial District. Mr. Harker explained that the applicant is requesting amendment of the existing Conditional Use Permit to allow retail commercial uses for the sales of small fire arms and related items such as books, display cases, etc., and to permit certain associated exhibits and shows related to the sales of the fire arms. It has been indicated in the application materials the majority of the business venture will be handled by mail or off-site. The existing Conditional Use Permit authorizes uses consistent with personal service operations, professional office uses, operation of a snack bar and sales of used vehicles and water craft. The site is located in the C-2 zoning district and the UD-2 future land use district which provides designation for highway commercial uses, tourist accommodations and park and recreation uses. The proposed request is therefore consistent with required zoning for retail sales and directives of the future land use map which indicate provision of commercial oriented uses. \ Surrounding land uses include U. S. 27 to the east, commercial development to the north, single family residential to the west, and multi-family use (Oak Ridge Apartments} to the south. s ~ CITY OF CLERMOIVT MINUTES PLANNING AND ZONING COMMISSION JUNE 3, 1997 Page-6- Based upon demonstrated compliance with current zoning and future land use directives for the area, Staff recommends approval of the CUP with the following conditions: 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns andJor successors in title or interest. 2. 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. 3. Approval of this amendment shall be conditioned upon compliance with all previous applicable conditions specified in Resolution No. 896. 4. Prior to the operation of the small firearms business the permittee/owner shall secure all appropriate authorizations and permits from the applicable Federal, State and Local jurisdictional agencies. All of the requirements of the regulatory agencies shall be met. Copies of all required licenses\authorizations\permits shall be provided to the City at the time request for occupational licence is submitted. 5. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 6. If any of the stated conditions are violated, the applicant understands and agrees the City Council may revoke this Conditional Use Permit by Resolution. Mrs. Pam BonJorn stated that no shows or exhibits would be held on the premises. A motion was made by Keith Mullins to recommend approval to the City Council as presented by staff, seconded by Darryl Bishop, approved by a unanimous vote. 5. REQUEST FOR CONDTI'IONAL USE PERMIT APPLICANT: Ralph King LOCATION: 234 Mohawk Road -Lot 2, Clermont Commons REQUEST: A request for a Conditional Use Permit to allow the operation of a Montessori Elementary School, located in the M-1 Industrial District. Mr. Harker explained that the applicant is requesting a CUP to operate a Montessori School facility in the existing Office\Business Park at Clermont Commons. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION JUNE 3, 1997 Page-7- The subject site is situated on Lot 2 of the park which is approximately 200 feet north of the intersection of the two (2) Mohawk Roads. The property is presently zoned M-1 which with approval of a Conditional Use Permit (CUP) allows location of a school use. According to materials submitted with the application the school is to accommodate grades one through six (1-6), and have a maximum of twenty (20) students. Staffis to consist of one (1) elementary teacher and one (1) teachers aide. Hours of operation will be from 8:00 AM to 3:3o PM, Monday through Friday. Before and after school care is also being offered as part of the school program. Land uses of the surrounding area include the business\ Professional park and residential to the north and west, residential to the east, and industrial uses to the south. The Future Land Use District designation (IJD-5) and Future Land Use Map category (Industrial) will not be adversely affected by the request for the proposed use. Based upon consistency with the adopted City Zoning Regulations and Comprehensive Plan directives, Staff recommends approval of the Montessori school facility with the following conditions: 1. The conditions as set forth in the Conditional Use Permit shall be legally binding upon any heirs, assigns and/or successors in title or interest. 2. 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. 3. All applicable rules and regulations shall be met, including but not limited to final site plan approval, landscaping, drainage, sign regulations and, all yard setbacks. All required landscaping must be served with a low volume permanent irrigation system including City approved and State mandated backflow prevention device and rain sensor gauge. All landscaped areas must be properly maintained. 4. All of the requirements of other regulatory agencies concerning day care or pre-school facilities shall be met. All required improvements must be completed prior to issuance of a certificate of occupancy for the requested use. 5. The property owner shall make all required amendments\ improvements to the site (L,ot 2) as previously required by the City Council (Ref. July 1, 1997). If the required improvements are not provided this Conditional Use Permit shall become null and void. +~ i CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION NNE 3, 1997 Page-8- 6. This permit shall become null and void if the proposed use has not begun operation within six (6} months, from formal grant by the City Council 7. The final Certificate of Occupancy and Occupational License shall not be issued until each of the stated conditions has been met. 8. No further expansion of the use or additions to the school facility shall be permitted except as approved by another Conditional Use Permit. 9. 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. Mr. Harker stated that Staff has had conversation with the applicant and recognizing that this is in a business park, perhaps the Zoning Commission and City Council should look at this use again after a period of one (1) year to ensure that it is consistent with the uses in the park at that time. 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 Ralph King of 14715 Green Valley Blvd., Clermont, Florida. Member Michael Floyd asked the applicant if he would have a problem with the one (1) year limitation. Mr. King stated that he does not have a problem with this condition, they hope to be able to build a building in the near future. A motion was made by Marilyn MacLauchlin to recommend approval to the City Council as presented by staffwith the addition of a condition stating that this CUP would expire in one (1) year, seconded by Joseph Janusiak, approved by a unanimous vote. 6. REQUEST FOR CONDITIONAL USE PERMIT: APPLICANT: Raj K. Saxena, M.D. LOCATION: Lots 15, 16 and 17, City Block Q REQUEST: A request for a Conditional Use Permit to allow the construction of a Professional Office Complex, located in the R-3-A Residential/Professional District. Mr. Harker explained that the applicant is requesting a Conditional Use Permit to construct a 4,000+/- square foot professional office building. The specific use indicated on the application is a professional (doctors) office complex. ~ # CITY OF CLF~ON7' MINUTES PLANNING AND ZONING COMMISSION JUNE 3, 1997 Page-9- The site is located at the intersection of Highland Avenue and unpaved portion Drew Street (northeast corner). Surrounding land uses include, professional office and commercial to the south along SR 50, multi-family residential and professional offices uses to the west, multi-family uses to the east, and vacant portions of Lake County School Credit Union property and the City cemetery to the north. Surrounding zoning is R-2 to the north, R-3 to the east, R-3-A to the west, and C-2 to the south. The Future Land Use District designation for the site and adjacent property is ERD-8 which permits development of professional offices. The proposed request is also consistent with directives of the adopted Comprehensive Plan which provides for professional office development in this area. Based upon information provided for the proposed use, staff recommends approval of the Conditional Use Permit with the following conditions: 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 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. 3. All applicable rules and regulations shall be met, including but not limited to, final site plan approval, landscaping, drainage, parking, sign regulations, and all yard setbacks. All required landscaping must be served with a low volume permanent source of irrigation including City approved and State mandated back-flow prevention device and rain sensor gauge. 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. 4. The site shall be provided with a masonry dumpster enclosure with wooden gates as required for conformance with adopted City Code. All dumpster and other equipment sites shall be landscaped in accordance with adopted City regulations. 5. All signage shall conform to adopted City Codes and Regulations. 6. The permittee shall provide a sidewalk constructed in accordance with City standards along Highland Avenue the length of the subject property. 7. Ingress\egress to the site shall be constructed from the Drew Street right-of--way. • CITY OF CLFI2MONT MINUTES PLANNING AND ZONING COMMISSION JUNE 3, 1997 Page - 10 - 8. Noise levels during construction of the project shall not exceed those recommended by F.D.E.P. Heavy Equipment and normal work operations will be allowed on the site between the hours of 7:00 AM and 7:00 PM, Monday through Saturday. Construction equipment preparation, noise or machinery engines shall not commence earlier than 7:00 AM on any day. 9. The developer shall be responsible for the cost and installation of any required on-site and off-site infrastructure improvements necessitated by impacts of the project (i.e. Concurrency Management). 10. Stormwater data, calculations, and logistical configurations shall be approved by the City prior to any construction activity. Positive outfall for stormwater shall be provided as approved by the City Engineer. 11. A St. Johns River Water Management District stormwater permit shall be required and filed with the City prior to receipt of a development permit or any form of construction activity on the site. 12. A site lighting plan shall be provided for review and approval of the City Site Review Committee. All lighting for the proposed facility shall be designed and located such that light and/or glare shall be directed upon the subject property only. 13. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 14. This permit shall become null and void if substantial construction work has not begun within one (1) year of the date of issuance of this Conditional Use Permit. "Substantial construction work" means the commencement and continuous Prosecution of construction of required improvements ultimatelXfinalized at completion. 15. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 16. If any of the stated conditions are violated, the applicant understands and agrees the City Council may revoke this Conditional Use Permit by Resolution. Member Marilyn MacLauchlin noted that condition #7 stated that ingresslegress to the site shall be from Drew Avenue, however, that is not shown on the site plan. Planning Director Harker stated that there is a paper street along the west boundary of the property and the ingress/egress to the property should be located on that right-of--way. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION NNE 3, 1997 Page - 11 - A motion was made by James Brown to recommend approval to the City Council as presented by staff, seconded by Marilyn MacLauchlin, approved by a unanimous vote. There being no further business the meeting was adjourned. .__ ~ ~.. .,t Robert Smythe, Chair~~n ATTEST: Mi i Shaw Ogden, Planning Tec nician