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03-04-1997 Regular Meeting• • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MARCH 4, 1997 The meeting of the Planning & Zoning Commission was called to order Tuesday, March 4, 1997 at 7:00 P.M. by Chairman Robert Smythe. Members present were Keith Mullins, James Brown, Darryl Bishop, Joseph Janusiak, Marilyn MacLauchlin, Joseph Wiebush, Bill Rauch 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 February 4, 1997 were approved as presented. 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Janis E. Sheldon OWNER: St. Matthias Episcopal Church LOCATION: 574 West Montrose Street REQUEST: A request for a Conditional Use Permit to amend Resolution No. 336 to allow the operation of a Montessori School, located in the R-3 Residential/Professional District. In conjunction with this request, the applicant has requested a variance to allow the parking area and driveways to be constructed of mulch, rather than the hard surface material normally required. Mr. Harker explained that the applicant is requesting a CUP to operate a Montessori School facility in the existing Episcopal church. The subject site is situated at the northeast corner of Lake Avenue and Montrose Street. The property is presently zoned R-3 Residential/Professional District which with approval of a Conditional Use Permit (CUP) allows location of a school use. Land uses of the surrounding area include residential to the north, south and east, and Central Business District uses to the west. The Future Land Use District designation (NED-2) and Future Land Use Map category (Public Facility/Church) will not be adversely affected by the request for the proposed use. Mr. Harker further explained that the applicant has requested variances for paving of the driveway and the five (5) parking spaces for the first year of school activity. The variances will be heard by the City Council on the fourth Tuesday of this month. 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: • • CITY OF CI.F.RMON7' MINUTES PLANNING AND ZONING COMMISSION MARCH 4, 1997 Page-2- 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. Parking at the site may be permitted temporarily as mulch parking for a period not to exceed through June 30, 1998. If the school use continues after this date the applicant/owner shall provide paved parking consistent with requirements specified in the City Land Development Regulations. 5. The permittee shall provide a five foot wide landscape buffer, in accordance with City standards adjacent to parking areas and along the play area adjacent to the existing residential uses. 6. All of the requirements of other regulatory agencies concerning day care or pre- school facilities must be met. All required improvements must be completed prior to issuance of a certificate of occupancy for the requested use. 7. This permit shall become null and void if the proposed use has not begun operation within one (1) year from formal grant by the City Council 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. At this time Chairman Smythe asked all those present who wished to speak in regard to this case be sworn in. • • CITY OF CLERMONf MINUTES PLANNING AND ZONING COMMISSION MARCH 4, 1997 Page - 3 - Persons sworn in were Mr. Richard Judkins, representative of the applicant, of 17521 SR 19, Groveland, Florida. A motion was made by Marilyn MacLauchlin to recommend approval to the City Council as presented by staff, seconded by Keith Mullins, approved by a unanimous vote. 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: PJ. Marks LEGAL DESCRIPTION: Lots 7 and 8, Block 96 LOCATION: 931 West Montrose Street REQUEST: A request for a Conditional Use Permit to allow the operation of a boarding house with ancillary business office, located in the R-3 Residential/Professional District. Mr. Harker explained that the applicant is requesting a Conditional Use Permit to alter the existing use of the property to accommodate a Boarding House and ancillary business office at the above identii"ied address. The subject site is located approximately 150 feet west of the southwest corner of the intersection of West Avenue and Montrose Street. The existing land use surrounding the site is commercial, institutional (Sheriff substation) and professional ofi"ice to the east, professional office to the west, vacant property to the south and, single-family residential to the north. The existing zoning pattern is CBD (Central Business District) to the east, and R-3 (Residential/Professional District) to the north, south, and west. Mr. Harker further noted that in order to accomplish the proposed endeavor the existing single family residence will be converted to facilitate a six (6) bedroom lodging facility, and the residence will be relocated above the garage structure located at the southeast corner of the property. Recognizing the area is essentially transitional in nature, and the proposed use is consistent with future land use patterns designated for the Central Business District area, City Staff recommends approval of the proposed use 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. • • Cl7Y OF C[,ERMONT MINUTES PLANNING AND ZONING COMMISSION MARCH 4, 1997 Page - 4 - 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 and 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 back-flow prevention device and rain sensor gauge. 4. 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. 5. The property shall be permitted for one (1) single family residential structure which shall include the ancillary business office use and a six (6) bedroom boarding house structure. The residential use shall be located in the garage apartment located at the rear of the site. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 6. The business office use shall be considered ancillary and adjunct to the wakeboard enterprise and at such time as the use ceases to exist the business office use shall become null and void. 7. The permittee shall install two (2) paved parking spaces for the residential use and one (1) space for each of the boarding house rooms. All parking areas shall be provided in accordance with City standards. 8. If in the future, the generation of refuse and trash exceeds normal residential container amounts a dumpster shall be required. 9. The permittee shall provide a five foot wide landscape buffer, in accordance with City standards, abutting residential properties and parking areas as required by City Code. 10. 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. 11. 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. • • CITY OF CLF.RMONT MINUTES PLANNING AND ZONING COMMISSION MARCH 4, 1997 Page - 5 - 12. The structures shall be inspected by the County Building Inspector and all building code requirements must be met prior to a certificate of occupancy being issued. 13. This permit shall become null and void if the business has not began operation within one (1) year from the formal date of grant by the City Council for this Conditional Use Permit. 14. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 1S. 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. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: The Right Site, Inc., Micah G. Savell, President OWNER: South Lake Ford, Inc. GENERAL LOCATION: Parcel generally located at the northwest corner of Grand Highway and State Road S0. REQUEST: A request for a Conditional Use Permit to allow the construction of a convenience store/gas station, located in the C-2 General Commercial District. Mr. Harker explained that the applicant is requesting a Conditional Use Permit to allow construction of a 7-I1 convenience store/gas station on the northwest corner of SR 50 and Grand Highway. Historically, the site has been utilized as a automobile sales facility and more recently as areal estate office. Development plans indicate demolition of the existing structure and construction of a new facility to house the 7-11 store. Surrounding land use is commercial to the south, east, and west, and commercial/ professional office and residential to the north. The subject property is zoned C-2 (Highway Commercial) and is located in the approved commercial expansion area as identified in the adopted Comprehensive Plan. The i ~ CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MARCH 4, 1997 Page-6- Future Land Use District Classification is UD-2 which permits highway commercial uses such as the convenience store/gasoline station use that has been requested. Based upon the current zoning, land use district designation, and consistency with the future land use map and directives of the Comprehensive Plan for commercial expansion in this area of the City, Staff recommends approval of the proposed use 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 may be used as a convenience store/gasoline sales business only. No change of the use or additions to the use 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 and grading/excavation 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. All landscape areas must be properly maintained. 5. The drainage and stormwater retention requirements of the City and the appropriate regulatory agencies shall be met, and approved by the City Engineer. 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. These areas shall be properly maintained. 6. A St. John's River Water Management District stormwater permit shall be required and filed with the City prior to receipt of a building permit or any development activity. 7. The applicant shall submit a detailed excavation, grading and erosion control plan for the entire site during the site plan review process which must be approved by the City Site Review Committee prior to initiation of development activity. 8. Roadway improvement plans for State Road 50, Grand Highway, Lake View Drive and the commercial site, including but not limited to, access drives, accel/decel • • CITY OF CI.ERMONT MINUTES PLANNING AND ZONING COMMISSION MARCH 4, 1997 Page - 7 - lanes, turn lanes, traffic signalization devices, and internal signage and traffic movement lanes shall be submitted to and approved by the City Site Review Committee, FDOT and Lake County prior to commencement of any development activity. 9. Ingress/egress to the site from SR 50 and Grand Highway shall utilize right-in/ right-out movement scenarios only' and such locations shall construct defined lane separator devices as approved by the FDOT, Lake County and the City. 10. The permittee agrees to dedicate three (3) feet of right-of--way the length of the site adjacent to Grand Highway for conformance with adopted collector roadway standards. Said dedication shall be provided and recorded prior to any development activity on the site. 11. Sidewalks shall be required and constructed along all road frontages in accordance with adopted FDOT and City Codes. 12. Applicable FDOT and Lake County construction permits will be required and filed with the City for any excavation/grading activity along S.R. 50 and Grand Highway rights-of--way prior to issuance of a Development Permit by the City. 13. The permittee/developer shall provide on-site and off-site utility improvements as necessary to address and satisfy the impacts of the project. Plans and specifications shall be provided to and approved by the City Site Review Committee prior to the issuance of any development permit by the City. 14. The permittee/developer shall provide a turn lane on Grand Highway to accommodate west bound traffic access to S.R. 50 and the subject site. The required turn lane shall be constructed at such a length so as to permit direct egress from the driveway of the proposed project to the west bound turn lane. East bound turning movements to SR 50 shall be prohibited from the SR 50 driveway. 15. The permittee/developer shall provide turn lane and drainage improvements to the US 27 on-ramp as required by the FDOT and the City. 16. Noise 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. Heavy equipment maintenance operations and/or heavy machinery engines will not be started earlier than 7:00 A.M. on any day. ~ i CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MARCH 4, 1997 Page-8- 17. Ingress/egress to the site for construction shall be from Grand Highway or Lake View Drive as approved by the City Engineer. No ingress or egress of machinery or trucks shall be allowed on S.R. S0. 18. 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 issuance of any development permit by the City. 19. All dumpster and other equipment sites shall be enclosed with masonry structures and landscaped in accordance with plans approved by the City Site Review Committee. 20. A site lighting plan shall be submitted and approved that shall ensure all lighting is directed upon the site and does not adversely impact abutting properties or traffic on SR 50 and Grand Highway. 21. Architectural finish and design plans for the commercial building, especially the rear of the building, shall be submitted to and approved by the Site Review Committee to ensure aesthetic and public safety considerations are not adversely impacted. 22. Ail signage shall conform to adopted City Codes and Regulations. 23. 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. 24. The permit shall expire if construction has not begun within one year from the date of grant of this Conditional Use Permit. 25. 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. 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 Micah Savell of 1370 Sarno Road, Suite A, Melbourne, Florida and Richard Keith of 1333 Lakeview Drive, Clermont, Florida. Mr. Keith stated that he opposed the proposed use due to the poor traffic flow that already exist in this area. • CITY OF CLF.RMONf MINUTES PLANNING AND ZONING COMMISSION MARCH 4, 1997 Page-9- Mr. Harker stated that hopefully, in the future, there will be two or three roads constructed that will relieve some of the traffic off of Grand Highway. Unfortunately, Grand Highway and State Road SO will only continue to have increased traffic. Convenience stores do generate a considerable amount of traffic, however, there are also some other uses that are permitted uses in the C-2 zoning district (that would not require a CUP) that would generate even more traffic. Staff feels that the conditions recommended have built in all the safeguards and precautions that can be provided. A motion was made by Keith Mullins to recommend approval to the City Council as presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote. There being no further business the meeting was adjourned. Robert Smythe, Chair n ATTEST: Mimi Shaw Ogden, Planning Technician