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06-04-1996 Regular Meeting• • CITY OF CLERMON7" MINUTES PLANNING AND ZONING COMMISSION JUNE 4, 1996 The meeting of the Planning & Zoning Commission was called to order Tuesday, June 4, 1996 at 7:00 P.M. by Chairman Robert Smythe. Members present were Keith Mullins, Joseph Janusiak, James Brown, Darryl Bishop, Joseph Wiebush, Marilyn MacLauchlin and Bill Rauch. Member Wendell McDannel 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 May 7, 1996 were approved as presented. At this time it was noted by Chairman Smythe that the applicant for the first item on the agenda was not present therefore the Commission would hear the second item on the agenda 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Alexander T. and Ellen T. Gimon LEGAL DESCRIPTION: Lots 6 and 8, Block 78 LOCATION: 628 West Minneola Avenue REQUEST: To allow the joint use of a dwelling for a residence and a professional office in the R-3 Residential/Professional District. Planning Director Harker stated that the applicant is requesting a Conditional Use Permit to allow formal operation of professional office (licensed psychologist) in the existing single family structure located at the above indicated address. The proposed professional office is located on the north side of Minneola Avenue across from the Cooper Memorial Library. Historically, the site has been utilized as the location for both a residence and a beauty parlor. The beauty parlor was situated in the separate, adjacent structure, however, the beauty parlor use ceased operation for an extended period of time and has subsequently lost any vested interest rights for that previous use. The requested action will utilize two (2) of the lower level rooms in the residence for the proposed professional office. Surrounding land use is residential to the north, east, and west. The Cooper Memorial Library and Central. Business District commercial uses are located to the south. The subject property is situated in the R-3 zoning district which permits professional office uses with a conditional use permit. The parking requirement for a professional office is one space for each 200 square feet of office, and the residential use requires two 42~ parking spaces. According to the site plan submitted, adequate parking for the proposed uses can be provided on the site. • CITY OF CLERMONl'' • MINUTES PLANNING AND ZONING COMMISSION JUNE 4, 1996 Page-2- Based upon criteria speciflied above, the City 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 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. All landscaped 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 permittee shall provide two (2) additional parking spaces for the professional office use as approved by the City Site Review Committee. 5. The permittee shall provide a five foot wide landscape buffer, in accordance with City standards adjacent to the existing residential uses as well as between the professional office parking area and right-of--way as required by City Code. 6. If in the future the generation of refuse exceeds the normal residential amount, a concrete dumpster with wooden doors will be required to be provided by the applicant. 7. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 8. This permit shall become null and void if formal operation of the professional office has not begun within one (1) year from formal grant of the Conditional Use Permit by the City Council. 9. The permittee shall secure approvals from all necessary regulatory agencies prior to application for a Certificate of Occupancy or Occupational License for the facility. 10. The final Cerdflicate of Occupancy/Occupational License for the professional office shall not be issued until each of the stated conditions has been met. • • Cl7Y OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION JUNE 4, 1996 Page-3- 11. 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 tune Chairman Smythe asked all those present who wished to speak in regard to this case be sworn in. Persons sworn in were Alexander T. Gimon of 13569 91st Avenue, Seminole, Florida and Ellen T. Gunon of 13569 91st Avenue, Seminole, Florida. 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: Community Care and Rehabilitation Center, Inc. LEGAL DESCRIPTION: Lots 2, 4 and the south 100 feet of Lot 6, Block 81. GENERAL LOCATION: Northwest corner of Seventh Street and Desoto Street. REQUEST: To allow the construction of a rehabilitation center and adult day care. Mr. Harker explained that the applicant is requesting a Conditional Use Permit to construct and operate a rehabilitation center and adult care facility. 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. Surrounding land uses include retail, professional office and commercial to the north, the South Lake Hospital to the south, Jenkins Auditorium and• commercial to the east, Hunt's Garden Center, and residential to the west. Surrounding zoning is CBD (Central Business District) in all directions. The Future Land Use District designation for the site and adjacent properties is EBD-1 (Established Business District-1), which permits development of professional offices, retail trade, tourist accommodations and other related uses. The proposed request is also consistent with .directives of the adopted Comprehensive Plan which provides for a mixture of uses to be located in the Central Business District. Mr. Harker stated that based upon information provided for the proposed use, staff recommends approval of the Conditional Use Permit with the following conditions: • CITY OF CLF.RMONT MINUTES PLANNING AND ZONING COMMISSION JUNE 4, 1996 Page - 4 - 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 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). 5. The permittee shall provide a sidewalk constructed in accordance with City standards along Desoto Street, the length of the subject property. 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 developer shall construct a flue (5} foot wide landscape buffer along Desoto and Seventh Streets adjacent to roadways 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, 8. The Permittee shall provide the required number of parking spaces through on- site provision ~ through appropriate compensation via utilization of the one (1) time Parking Space Exchange Fee. Said compensation shall be provided to the City prior to receipt of a development permit or any form of construction activity on the site. 9. The permittee shall secure approvals from all necessary regulatory agencies prior to application for a Certificate of Occupancy or Occupational License for the facility. Cl7Y OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION JUNE 4, 1996 Page - S - 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. 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 ultimately finalized 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. 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 Carol Badarni of 10501 N. Crescent Lane, Clermont, Florida. Member Bill Rauch asked if the facility would be primarily speech pathology or would the use also include physical therapy. Ms. Badarni stated that the facility would provide speech therapy, physical therapy and occupational therapy. Member Rauch asked if the physical therapy patients would be utilizing the sidewalks for their exercise. Ms. Badarni stated that most of the physical therapy would take place on-site as the facility w~71 be built to provide space for that. The facility will include a backyard area which will be fenced and will provide walkways for that type of activity. • CITY OF CLF.RMOIV?' • MINUTES PLANNING AND ZONING COMMISSION JUNE 4, 1996 Page - 6 - A motion was made by Marilyn MacLauchlin to recommend approval to the City Council as presented by staff, seconded by Joseph Wiebush, approved by a unanimous vote. 4. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Lake County Board of County Commissioners/County Public Health Unit LEGAL DESCRIPTION: Lots 18, 19 and 20, Block 57 LOCATION: 560 West Desoto Street REQUEST: To amend Resolution No. $46 to continue to allow the existing temporary modular building to remain on the property for an additional one (1) year, located in the R-3 Residential/Professional District. Mr. Harker explained that the applicant is requesting an extension of time for the existing Conditional Use Permit which permitted placement of a modular building to temporarily house Lake County Health Department Administrative Staff and the associated Women, Infants and Childrens program. The structure is located on the same property with the existing Health Department building, and was granted a Conditional Use Permit with a setback variance for a period of one (1) year. Historically, temporary office trailer placement has been allowed during construction of structures and certain subdivision developments. However, requests for office uses without indicated intent of construction have been denied routinely by City Council. It should be recognized the City Council previously recognized the unique necessity for this use and afforded the temporary relief originally requested. According to documentation provided with this application, the Lake County Board of County Commissioners has researched potential relocation•and development for this office and other such jurisdictional offices in south Lake County. At this point in time however, there does not appear to be a tangible plan for physical development of a County complex, or a time frame for provision of the consolidated County offices descnbed. Further, understanding considerable time usually elapses between approval for proposed development and actual construction is implemented on-site, the one (1) year extension requested for the existing use does not reasonably provide the time physically necessary to afford construction and occupancy of a permanent facility. Mr. Harker stated recognizing that a specific plan for relocation andlor construction of a permanent facility has not been reviewed and approved by the formal jurisdictional entity (Lake County), and giving consideration to potential for setting adverse future precedent with regard to extended utilization of non-conforming structures, Staff recommends CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION JUNE 4, 1996 Page-7- denial of the Conditional Use Permit for a time extension for the temporary office facility. However, should Staff recommendation be rejected and approval of the time extension be granted, conditions for approval should be as originally specified in Resolution #846 which are as follows: 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 Lake County Health Department Temporary office only, one (1) year duration. 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 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. S. 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 ingress/egress plan shall be submitted and approved by the City Site Review Committee prior to any development 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 issuance of any development permit by the City. • CITY OF CLERMON7' • MINUTES PLANNING AND ZONING COMMISSION JUNE 4, 1996 Page - 8 - 9. 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. 10. The permit shall expire if construction has not begun within one year from the date of grant of this Conditional Use Permit. 11. 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 Fletcher Smith of Post Office Box 7800, Tavares, Florida and Dr. John Pellosie, Director of HRS Lake County Public Health Unit, 421 West Main Street, Tavares, Florida. Mr. Smith, explained that he is the Director of the Department of Human Services. This Department serves as a liaison with the Health Department. Mr. Smith stated that his Department became involved in this about one year ago. In August they began investigating alternatives for placing the WIC program in a different location. Mr. Smith stated that it probably will take more than one year to finalize the plans and construct the new facility. A request for proposal for the new facility has been submitted to the public, and they have had several construction groups that have responded. The services being provided in the modular unit are very crucial to the residents of South Lake County, they are trying to address this situation and this project has been identified as a priority. Dr. Pellosie stated that more than thirty years ago, the City of Clermont came to the Health Departrnent and asked them to locate a satellite unit in Clermont in order to serve the community of Clermont. This clinic has not been expanded since that time. This area is gxowing by leaps and bounds, along with this growth comes more demand for their services. It is unfortunate that they have to go through all the governmental stages in order to provide Clermont and its surrounding communities with the Health Departments services. If this permit cannot be renewed, services will have to be taken away. Member James Brown asked if Lake County has made any action to get this project moving. Fletcher Smith stated that in Mazch they went before the Boazd of County Commissioners with a request to start looking for a site for construction of a 7,500 • CITY OF CLF.RMON7' MINUTES PLANNING AND ZONING COMMISSION JUNE 4, 1996 Page-9- square foot building so that all of the county offices in this area can be combined in one location. At the most recent Board of County Commissioners retreat they said this project was the number one priority as far as capital improvement programs. Member Bill Rauch asked if everything is contingent upon grants. Mr. Fletcher Smith stated that mainly the funding would come from the General Fund. However, Dr. Pellosie has applied for a Legislative Budget amendment to try to get some funding through HRS. Some funding will also come from the sale of the existing facility. After further discussion, a motion was made by Marilyn Macl:.auchlin to recommend approval to the City Council as presented by staff with the addition of a condition stating that if construction of a new facility has begun within one (1) year from the date of grant of this Conditional Use Permit this permit will be valid for a period of two (2) years. If construction of a new facility has not begun within one (1) year from the date of grant of this Conditional Use Permit this permit will be null and void. The motion was seconded by Bill Rauch and approved by a unanimous vote. 1. REQUEST FOR CONDITIONAL USE PERMTf APPLICANT: Nick A. Jones LEGAL DESCRIPTION: Lots 20 and 21, Block 7, Sunnyside Unit LOCATION: 1330 Bowman Street REQUEST: To allow the joint use of a dwelling for a residence and a professional office in the R-3 Residential/Professional District. Mr. Harker explained that the applicant is requesting a Conditional Use Permit to allow formal operation of a professional office in the upper level of the existing duplex located at the above indicated location. The subject site is situated on the west side of Bowman Street across from the Sunnyside Shopping Plaza and adjacent to the applicant's existing Professional Office (Architectural firm). It should be noted the site was previously utilized as a professional office by the applicant and other professional firms (Ben Blackburn Surveying) until the present adjacent office facility was constructed. Surrounding land use is professional office (Thompson/ Homan Investment Group) to the north, commercial (Sunnyside Plaza) to the east, and residential uses to the west and south. CITY OF CLF.RMOIV7' MINUTES PLANNING AND ZONING COMMISSION JUNE 4, 1996 Page-10- The subject property is situated in the EBD-2 Future Land Use District which allows professional office uses. The Conditional Use Permit request is also consistent with directives of the Future Land Use Map (Residential/Professional Office Use) and Zoning District designation (R-3) which permits professional office uses. The parking requirement for a professional office is one space for each 200 square feet of office space, and the residential use requires two (2) parking spaces. According to the site plan submitted, adequate parking for the proposed uses can be provided on the site. Upper level parking for the professional office use will require utilization of four (4), 9'x 18' spaces due to the steep slopes associated with the site. Mr. Harker stated that based upon data and criteria specified above, the City 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 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. All landscaped 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 permittee shall provide four (4), 9'x 18' parking spaces for the professional office use as approved by the City Site Review Committee. 5. The permittee shall provide a five foot wide landscape buffer, in accordance with City standards adjacent to the existing residential uses as well as between the professional office parking area and right-of--way as required by City Code. 6. The permittee shall construct a sidewalk along Bowman Street in accordance with City standard. The required sidewalk shall be provided the length of the subject property. • CITY OF CLF,RMONT MINUTES PLANNING AND ZONING COMMISSION JUNE 4, 1996 Page - 11 - 7. If in the future the generation of refuse exceeds the normal residential amount, a concrete dumpster with wooden doors will be required to be provided by the applicant. 8. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 9. 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 ultimately finalized at completion. 10. The final Certificate of Occupancy/Occupational License for the professional office shall not be issued until each of the stated conditions has been met. 11. 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 Nick Jones of 1320 Bowman Street, Clermont, Florida. A motion was made by Marilyn MacLauchlin to recommend approval to the City Council as presented by staff, seconded by Joseph Janusiak and approved by a unanimous vote. There being no further business the meeting was adjourned. Robert Smythe, Ch ' an ATTEST: Mi Shaw Ogden, Planning echnician