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09-03-1996 Regular Meeting• C17Y OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION SEPTEMBER 3, 1996 The meeting of the Planning & Zoning Commission was called to order Tuesday, September 3, 1996 at 7:00 P.M. by Chairman Robert Smythe. Members present were Joseph Janusiak, Keith Mullins, James Brown, Darryl Bishop, Marilyn MacLauchlin and Bill Rauch. Member Joseph Wiebush was absent. Also attending were Lanny Harker, Director of Planning and Mimi Shaw Ogden, Planning Technician. MINUTES of the Planning and Zoning Commission meeting held August 6, 1996 were approved as presented. 1. REQUEST FOR CONDTfIONAL USE PERMIT APPLICANT: Community Care and Rehabilitation Center, Inc. OWNER: Thompson-Homan Investment Group LOCATION: 347 and 349 North Highway 27 REQUEST: To allow the operation of a rehabilitation center and adult day care. Mr. Harker explained that the applicant is requesting a Conditional Use Permit to allow the temporary operation of a community care and rehabilitation center service in the commercial portion of the Edgewood Lake Planned Unit Development. The proposed use would be situated in two (2) offices of the professional office building located at the southeast corner of the frontage road and Division Street (Lot 49). The business would include uses previously approved in June of this year for the rehabilitation center and adult care facility to be located on the northwest corner of Seventh Street and Desoto Street. The proposed project is descnbed to include speech pathology, occupational therapy, physical therapy and day time supervision for adults that would require such a service. Mr. Harker noted that discussion with the applicant and project engineer indicates the structure to formally house the business in the Central Business District (CBD) will be completed with in a period of a year. The. request today is to provide a temporary location until final accommodation can be constructed. Surrounding zoning for the temporary facility includes C-2 (General Commercial Business) to the north, south, and east, and R-3 (Residential/Professional Office) to the west. Surrounding land use includes commerciallprofessional office uses to the north and south, multi-family residential to the west and US 27 and vacant commercial property to the east. The proposed request would be in conformance with directives of the adopted comprehensive plan which allows commercial and professional office uses in this area. • CCIY OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION SEPTEMBER 3, 1996 Page - 2 - Therefore, based upon consistency with existing land use, zoning, and comprehensive plan directives, Staff recommends approval of the proposed temporary 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 utilized for the proposed use for a period of one (1} year from the date of formal grant by the City Council. 3. No further expansion of the temporary use shall be permitted except as approved by another Conditional Use Permit. 4. This permit shall become null and void if formal operation of the professional office has not begun within ninety (90) days from formal grant of the Conditional Use Permit by the City Council. 5. The permittee shall secure approvals from all necessary regulatory agencies prior to application for a Certificate of Occupancy or Occupational License for the facility. 6. The final Certificate of Occupancy/Occupational License for the professional office 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. At this time Chairman Smythe asked all those present who wished to speak in regard to this case be sworn in. Ms. Carole Badarni of 10501 North Crescent Lane, Clermont, Florida was sworn in. A motion was made by Marilyn MacI.auchlin to recommend approval to the City Council as presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote. 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: South Lake Hospital OWNER Bob Wade LOCATION: 731 East Highway 50 REQUEST: To allow the operation of an outpatient clinic and wellness center facility in the C-2 General Commercial Business District. • C.I?Y OF CLERMOIVT • MINUTES PLANNING AND ZONING COMMISSION SEPTEMBER 3, 1996 Page-3- Mr. Harker explained that the applicant is requesting a CUP for the shopping center to allow renovation of the previous Winn Dixie Supermarket and modification of the building and site to construct a new outpatient clinic and wellness center facility. The interior demolition of the existing retail stores is to accommodate installation of the above descn'bed facility. Mr. Harker further noted that historically, the shopping center has experienced problems in provision of adequate parking and conformance with required landscape regulation. It must be recognized the existing center was constructed in the 1970,s prior to adoption of current regulation. In an attempt to provide adequate parking, the City Council will be asked to authorize use of a mixture of standard (10' x 20') and compact (9' x 17') automobile size spaces. This request has assisted in alleviation of the condition in the shopping center located across S.R. 50 from this site. In addition to these modifications the applicant will provide buffer and interior landscaping to the center as indicated in the conditions of this Conditional Use Permit and as approved by the City Site Review Committee. It should be noted however that standards for present development cannot be completely satisfied due to the unique circumstances of the site. The proposed request is in conformance with the designation of the Future Land Use Map, Future Land Use District (EBD-2), and Zoning District classification (C-2) for the proposed use. Pursuant to information provided above and recently established precedent with respect to preceding shopping center revisions, Staff recommends approval of the 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 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 City Site Review Committee prior to authorization and issuance of a development permit. 3. All applicable Hiles and regulations for development within the City shall be met, with the exception of parking and landscape, as approved by the City Council. However, all other regulation, including but not limited to, final site plan approval, sign regulation, and all yard setbacks must be provided. 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. All landscape areas must be properly maintained. • C17Y OF CLL~RMONT MINUTES PLANNING AND ZONING COMMISSION SEPTEMBER 3, 1996 Page-4- 4. The permittee/developer shall submit a complete site parking plan which will graphically display all parking sizes and locations. The required plan shall be submitted to and approved by the Site Review Committee prior to issuance of any development permit. 5. The permittee/developer shall submit a landscape plan which will address formally approved landscape provisions for the site. The required plan shall be submitted to and approved by the Site Review Committee prior to issuance of any development permit. Exceptions to the standard buffer area requirement will be as follows: (1) The west side of the property will utilize three (3) feet of the subject property and two (2) feet of the existing right-of--way to provide the required five (5) feet wide buffer; (2) The north side of the property will not provide a buffer unless permission from the Florida Department of Transportation is acquired for placement in the State right-of--way; (3) The buffers presently located on the east and south sides of the property shall be maintained in their current locations and in accordance with adopted City code. 6. The permittee shall install a dumpster for the commercial operations. Said dumpster shall be enclosed with a masonry structure with wooden doors in accordance with plans approved by the City Site Review Committee. ?. Architectural finish and design plans for the commercial building modification shall be submitted to and approved by the City Site Review Committee to ensure aesthetic and public safety considerations are not adversely impacted. 8. No further expansion of this use or additions to the shopping center shall be permitted except as approved by another Conditional Use Permit. 9. This permit shall become null and void if substantial construction work on the wellness facility has not begun within one (1) year from the date of formal grant by the City Council for this Conditional Use Permit. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. 10. The permittee shall secure approvals from all necessary regulatory agencies prior to application for a Certificate of Occupancy or Occupational License for the health/ wellness facility. 11. The final Certificate of Occupancy/Occupational License for the professional health facility shall not 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 that the City Council may revoke this Conditional Use Permit by resolution. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION SEPTEMBER 3, 1996 Page - S - 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 Mr. Bob Wade of 1363 West Lakeshore Drive, Clermont, Florida. Mr. Wade stated that the shopping center is an older center and he is trying to make the project as viable as possible. Walgreens has agreed to locate a store in this center, which will include a drivethru for the pharmacy. What triggered the need for the CUP was the request from the Hospital to locate a wellness center in the center. Mr. Wade distnbuted to the members of the Commission photographs of various businesses in the City. Mr. Wade said the center is sixty (60) parking spaces short of what is required today, hence anything that is put in the parking lot (i.e. landscape islands) would impede the flow. Mr. Wade noted that as depicted in the photographs, the landscaping which is presently in place at the various centers through out the City varies greatly. The landscape islands he is proposing for his center would allow a better traffic flow. Mr. Wade further explained his proposed landscaping plan, utilizing xeriscape plants which would require no irrigation. Hence, there would not be a need to dig up the parking lot to install an irrigation system. Mr. Wade further noted that, as depicted in the photographs, many business in the City do not have dumpster enclosures. The center is very limited on space and dumpster enclosures in the rear of the building will impair trucks making deliveries and limit the number of parking spaces which could be installed in the rear for the physicians. A tall landscape buffer at the rear of the property will prevent the dumpsters from being viable from Minnehaha Avenue. Chairman Smythe asked if there would be any provision for on-site water retention. Planning Director Harker explained that there would not be a requirement for on-site water retention as no impervious surface will be added. Chairman Smythe noted that the property owners along Minnehaha Avenue have had to look at the unsightly back of this shopping center ever since it was built. The landscape buffer has never been the height it should have been and the rear of the building has never received proper care. Mr. Wade explained that the entire building, including the rear, will be getting a face lift to improve the aesthetics. Further discussion followed regarding the landscape and dumpster enclosure issues. Member Marilyn MacLauchlin recounted that the variance issues (i.e. dumpster enclosures, landscaping, etc.) should be addressed by the City Council. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION SEPTEMBER 3, 1996 Page - 6 - A motion was made by Keith Mullins to recommend approval to the City Council as presented by staff, seconded by Bill Rauch and approved by a unanimous vote. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: South Lake Hospital GENERAL LOCATION: Parcel generally located on the east side of East Sacks Lake Road, approximately 1320 feet north of State Road 50. REQUEST: A request for a Conditional Use Permit for a Planned Unit Development to allow the construction of a 68 bed Hospital facility. The facility will include a full range of health care services including intensive and progressive care units, emended care unit, inpatient and outpatient surgical services. Future phases will include additional medical offices and facilities for rehabilitation, community education, fifiess and indoor and outdoor recreational. Planning Director Harker stated that, at the mutual agreement of the Hospital Administration and City Staff, this Conditional Use Permit is requested to be postponed until Octobers formally scheduled meeting of the City Commission and City Council. There being no further business the meeting was adjourned. t Robert Smythe, Chairm ATTEST: ,, -, J Mimi aw Ogden, Planning T mcian