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12-03-1996 Regular MeetingCITY OF CI.F.RMONT MINUTES PLANNING AND ZONING COMMISSION DECEMBER 3, 1996 The meeting of the Planning & Zoning Commission was called to order Tuesday, December 3, 1996 at 7:00 P.M. by Chairman Robert Smythe. Members present were Keith Mullins, James Brown, Darryl Bishop, Bill Rauch, Joseph Janusiak, Joseph Wiebush and Marilyn MacLauchlin. Also attending were Lanny Harker, Director of Planning and Mimi Shaw Ogden, Planning Technician. MINUTES of the Planning and Zoning Commission meeting held November 5, 1996 were approved as presented. 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Donald L. Beal GENERAL LOCATION: Parcel located between Orange Avenue and Oak Street. LEGAL DESCRIPTION: Lots 18, 19, 23 and the easterly 18.12' of lot 17, and the north 40' of lots 10 and 11, the south 110' of the west 25' of lot 11, Block 4, Sunset Heights. REQUEST: A request for a Conditional Use Permit to allow the construction of a Multi- family development (3 two-family units), located in the R-2 Medium Density Residential District. Mr. Harker explained that the applicant is requesting a Conditional Use Permit for a multi-family housing project consisting of six (6) units to be constructed as three (3) duplex units. Platting for townhouse use or minor subdivision is not intended. This is the second application for the proposed use. The original application was approved by the City Council on October 24, 1995. The property is generally located in the center of the block on Orange Avenue, lying between East Avenue and Second Street. A twenty-five (25) foot portion of the property however does extends through to Oak Street. The surrounding land use is predominately single family residential in nature. However, two-family (duplex) development already exists on Oak Street, East Avenue and Second Street in close proximity to the proposed site. The Clermont Elementary school is located across Oak Street from the subject site. Mr. Harker further explained that the proposed request is consistent with directives of the Comprehensive Plan and Future Land Use Map including land use district designation (ERD-7) for residential development, the requested development type (multi- family), and density standards which permit eight (8} units per acre. The request is also consistent with the zoning district classification for multi-family development (R-2, medium density residential) when a Conditional Use Permit is obtained for the proposed use. ' • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION DECEMBER 3, 1996 Page-2- The proposed development will not adversely impact the existing transportation or infrastructure systems of the area. Therefore, staff recommends approval of the project with the following conditions: 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and successors in title or interest. 2. No further expansion of the use or additions to the Conditional Use Permit 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 aopli= cable rules and. regulations for development within the City shall be met, including but not limited to, final site plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks. Required 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 property maintained. 5. 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). 6. The developer shall construct a five (5) foot wide buffer along property lines adjacent to existing residential uses, and adjacent to roadways in conformance with adopted City standards. The buffer shall be provided with a low volume, permanent spurce of irrigation, back-flow prevention device and rain sensor device in conformance with City and State regulation. 7. At such time as the City constructs sidewalks along Orange Avenue and/or Oak Street the developer shall construct a five (5) foot wide sidewalk in conformance with City standards. The required sidewalk shall be provided the length of the subject property. 8. The developer shall provide solid waste collection pads between the sidewalk and Orange Avenue as approved by the Site Review Committee. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION DECEMBER 3, 1996 Page - 3 - 9. 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. 10. 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. 11. 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 yrosecution of construction of required improvements ultimately finalized at completion, 12. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 13. If any of the stated conditions are violated, the applicant understands and agrees the City Council may revoke this Conditional Use Permit by Resolution. A motion was made by James Brown to recommend approval to the City Council as presented by stafij seconded by Joseph Janusiak, approved by a unanimous vote. 2. REQUEST FOR CONDITIONAL USE Pl/RMIT APPLICANT; Lake County Schools Credit Union GENERAL LOCATION: Parcel located at the northwest corner of Highland Avenue and Anderson Street. LEGAL DESCRIPTION: Lots 1 thru 5 inclusive, lot 6 less the west 7.5', lot 7 thru 12 inclusive, less that part of the west 26.7' of lots 6 and 12 that may be an overlap in description by a short section, all lying within Block 8, Woodlawn Subdivision. REQUEST: A request for a Conditional Use Permit to allow the construction of a Professional Office to accommodate the Lake County Schools Credit Union, located in the R-3-A Residential/Professional District. Mr. Harker explained that the applicant is requesting a Conditional Use Permit to construct a 3,708+/- square foot office building to house the Lake County School Credit Union. The project is indicated to be constructed in phases. Fhase 1 would have • C,I7Y OF CLFJQMOIV7' MINUTES PLANNING AND ZONING COMMISSION DECEMBER 3, 1996 Page - 4 - 2628+/- square feet of floor area and the final stage would have 1080+/- square feet of space. This is the second request for the project. The City Council approved the first request fora 3,400 square foot building on October 24, 1995. Surrounding land uses include retail, 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 additional school credit union property and the City cemetery to the north. Surrounding zoning is R-3 to the north and 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. Prior to formal application fora "development permit" the applicant shall dedicate to the City a ten (10) feet wide right-of--way, the length of the subject property, along Anderson Street to meet compliance with adopted City Street Standards. 5. The applicant shall construct Anderson Street in conformance with City Standards, the length of the subject property. Roadway improvements shall • CITY OF CLF.RMONf MINUTES PLANNING AND ZONING COMMISSION DECEMBER 3, 1996 Page - S - include necessary appurtenant roadway and intersection improvements to Highland Avenue, turn lanes, and ingress/egress drives as approved by the City Site Review Committee. 6. The site shall be provided with a masonry dumpster enclosure with wooden gates which shall be indicated on the approved site plan. 7. The permittee shall provide a sidewalk constructed in accordance with City standards along both Anderson Street and Highland Avenue the length of the subject property. 8. 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). 9. 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. 10. 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. I1. 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. 12. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 13. 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 urosecution of construction of required improvements ultimately finalized at completion. 14. The final Certificate of Occupancy shad not be issued until each of the stated conditions has been met. 15. If any of the stated conditions are violated, the applicant understands and agrees the City Council may revoke this Conditional Use Permit by Resolution. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION DECEMBER 3, 1996 Page - 6 - A motion was made by Marilyn MacLauchlin 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: Stat Care Walk-in Clinic OWNER: Donald Coxe LOCATION: 1440 Bloxam Avenue REQUEST: A request for a Conditional Use Permit to allow the operation of a walk-in clinic in the C-2 General Commercial Business District. Mr. Harker explained that the applicant is requesting a Conditional Use Permit to convert 1,800+/- square feet of the existing 4,080 square foot building for use as a walk- in medical clinic. The remainder of the building (2,280+/- sq, ft.) will remain in its current use as a Circle K convenience store. The project is located on the southwest corner of the intersection of State Road 50 and Bloxam Avenue. The subject property extends south from State Road 50 to Magnolia Street, and the additional property on the south side of the building is to be converted to an additional permanent parking area. The proposed use is indicated to have a total staff of three (3) people, which includes the Physician. The facility will provide service seven (7) days a week between the hours of 8:00 A.M. and 8:00 P.M. daily. Surrounding zoning is C-2 Highway commercial in all directions. Surrounding land use is commercial and professional office to the north, east, and west. Residential Land use is located to the south, adjacent to Magnolia Street. Mr. Harker further stated that the subject site is located in the EBD-2 (Established Business District} future land use district which indicates development of professional office and commercial uses. Therefore, based upon consistency with future directives of the Comprehensive Plan and compatibility with adjacent zoning and land uses, Staff recommends approval 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. CITY OF CIERMONT MINUTES PLANNING AND ZONING COMMISSION DECEMBER 3, 1996 Page - 7 - 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. A11 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. A11 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 which shall be indicated on the approved site plan. S. The developer shall construct a five (5) foot wide landscape buffer along parking areas and adjacent City Streets in conformance with adopted City standards. Buffering from adjacent uses shall also be required in conformance with City Code. The buffer areas shall be provided with a low volume, permanent source of irrigation, back-flow prevention device and rain sensor device in conformance with City and State regulation. 6. A St. Johns River Water Management District stormwater permit or letter of exemption shall be required and filed with the City prior to receipt of a development permit or any form of construction activity on the site. 7. 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. 8. 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). 9. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 10. 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. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION DECEMBER 3, 1996 Page-8- "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. 11. The final Certificate of Occupancy shall pat be issued until each of the stated conditions has been met. 12. If any of the stated conditions are violated, the applicant understands and agrees 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 Keith Mullins, approved by a unanimous vote. 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Ken Norquist GENERAL LOCATION: Property generally located at the southwesterly and northwesterly intersection of West Avenue and closed Osceola Street and parcel north of said closed Osceola Street bounded on the north by Lake Minneola. REQUEST: To amend Resolution No. 887 to allow commercial construction and placement of a railroad car replica for banquet and meeting facility uses, to allow construction of an open deck adjacent to the railroad car replica, to allow expansion of the covered deck for a dining area, to allow restaurant, dining, and retail sales uses in the existing depot, to allow take-out restaurant uses in the existing caboose, to allow construction of a covered observation deck on Lake Minneola, to allow retail sales uses with open air displays as permitted by the Central Business District in the steel Quonset Hut, and relinquish the professional office uses, located in the Central Business District. Mr. Harker explained that there has been some changes to the site plan which was originally presented to the Commission at last months meeting. Mr. Harker further explained to the Commission that this request also includes an expansion of the previously permitted deck which will be added to the railroad replica car and approximately one half of the metal quonset but is proposed to be utilized for retail use, the remainder of the CUP request is essentially the same as last months request. Historically the original Conditional Use Permit (Resolution #671) was granted to allow the conversion of the train depot into a restaurant. Resolution #716 amended Resolution #671 to include placement of a train caboose on the site which was permitted for use as a business office. • ~ CITY OF CLF.RMONT MINUTES PLANNING AND ZONING COMMISSION DECEMBER 3, 1996 Page - 9 - Resolution #823 amended Resolution #716 to permit a portion of the depot for use as a temporary residential unit in coordination with the previously permitted restaurant. Resolution #862 amended Resolution #823 to add the lake front property, permit temporary parking on the paved portion of the acquired property, retained the take-out restaurant and office facility, and rescinded the request for the temporary single family residential use. Resolution #887 amended Resolution #862 to add construction of a roofed deck adjacent to the existing depot, provided construction of a covered observation deck on Lake Minneoia, and permitted retail sales in a portion of the existing depot. The present amendment requests commercial construction and placement of a railroad car replica for banquet and meeting uses, allow construction of an open deck adjacent to the railroad car replica, allow expansion of the previously permitted covered deck for use as a dining area, continue the restaurant, dining, and retail sales uses previously permitted in the train depot, continue the previously permitted take-out restaurant uses located in the caboose, allow retail sales with associated CBD type of open air display uses in the quonset hut, allow construction of the previously permitted covered observation deck on Lake Minneola, and relinquish the professional offices uses previously permitted in the train depot. The overall concept and location of uses intended are displayed on the site plan provided with the agenda material. Phasing of the entire project in intended. The phasing and scale of uses are intended to be coordinated with provision of permanent parking, landscaping, stormwater abatement and other required improvements. All required improvements shall be provided prior to construction and operation of the use(s) described. Applicable parking can be accommodated through the optional CBD Parking Space Exchange Fee Program. Essentially, the scenario for development will chronologically follow the pattern of initial Conditional Use Approval and subsequent amendments thereto, as indicated in the previous paragraphs above. All requested uses shown on the site plan are customary for commercial district land use, and consistent with existing commercial business presently located in the general area. Based upon the series of previously approved Conditional Use Permits which granted uses consistent with this amendment request, staff recommends approval of the Conditional Use Permit with the following conditions: 1. Approval of the proposed uses shall be conditioned upon compliance with all previous conditions specified in Resolutions #671, #716, #823, #862 and #887, respectively. i ~ CITY OF CLERMON7' MINUTES PLANNING AND ZONING COMMISSION DECEMBER 3, 1996 Page - 10 - 2. The previously permitted use for professional offices (Resolution #862) is null and void. 3. 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. 4. The property shall be developed in substantial accordance with an approved site plan incorporating alI conditions of this amended Conditional Use Permit. Said plans shall be submitted for review and approval of the City Site Review Committee prior to commencement of any development activity on the site for the proposed use(s), and authorization and issuance of any development permits. 5. Verification of the stormwater run-off data, assumption & calculations shall be provided and approved by the City Engineer and St. John's River Water Management District prior to any development activity for the proposed use(s). Positive outfall for stormwater shall be provided as approved by the City Engineer. 6. A St. John's River Water Management District stormwater permit pertinent to the proposed use(s) shall be required and filed with the City prior to receipt of a building permit or any development activity on the site. 7. All inspection costs will be borne by the applicant. This shall include final inspection and ongoing random inspections for compliance with Conditional Use Permits conditions. 8. The developer shall be responsible for the cost of all required on-site and off-site infrastructure improvements necessitated by impacts of the project. 9. The railroad car replica shall meet all commercial building codes, standards, and life safety requirements for commercial constructed buildings as required by the appropriate regulatory agencies, such as but not limited to, NFPA, SBCCI, and Lake County. Prior to placement, construction, and operation of any of the proposed use(s), the permittee/developer shall secure and provide all applicable licenses and permits from appropriate regulatory agencies. 10. The temporary parking area permitted by Resolutions #862 and #887 may continue to be utilized until such time as the proposed rail trail is completed adjacent to the subject property, or until such time as construction and operation of use(s) permitted by this Conditional Use Permit amendment warrant provision of required permanent parking, whichever occurs first. Specifically, in the event i r C.I7Y OF CI.F.RM01V7' MINUTES PLANNING AND ZONING COMMISSION DECEMBER 3, 1996 Page - 11 - the rail trail is the primary improvement completed, the applicant shall remove the existing asphalt from the "temporary" parking area and supply applicable permanent parking in accordance with requirements of adopted City Code. 11. No further expansion of the use or additions to any of the facilities shall be permitted except as approved by another Conditional Use Permit. 12. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 13. If any of the stated conditions are violated, the applicant understands and agrees 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 Bi11 McCoy of 1600 South Highway 27, Clermont, Florida. Mr. McCoy asked the Commission what the Citys position was regarding temporary structures, i.e. how are the railroad cars, are these recognized by the City as being a permanent building. Mr. McCoy had further questions regarding the permitting of an observation deck, open air sales and issues regarding building permits and certificates of occupancy. Planning Director Harker pointed out that condition #9 of Staffs recommendation requires the railroad car replica to meet all commercial building codes, standards and life safety requirements. Much further discussion followed regarding the existing railroad car, building permits and certificates of occupancy. Mr. McCoy stated that he felt there were many questions to be answered by Mr. Norquist and the City needs to asses what type of building the railroad car is and would it be allowable in other areas of the City. At this time Ken Norquist, applicant, of 1932 South Lakeshore Drive, Clermont, Florida arrived and was sworn in. Mr. McCoy stated that his concern was the temporary or permanent structure of a railroad replica, referring to the one in place and the one about to be added to the site. s ~ CITY OF CLEXMONT MINUTES PLANNING AND ZONING COMMISSION DECEMBER 3, 1996 Page - 12 - Mr. Norquist stated that he believes through engineering the structure would be a permanent structure. Further discussion followed regarding the existing caboose and the proposed open air sales. A motion was made by Darryl Bishop to recommend approval to the City Council as presented by staff, seconded by Marilyn MacI.auchlin, approved by a unanimous vote. There being no further business the meeting was adjourned. Robert Smythe, Chai an ATTEST: ~- i ~ Mimi aw Ogden, P anning Technic n