01-02-1996 Regular MeetingCl7Y OF CI.F.RMOAT
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PLANNING AND ZONING COMMISSION
JANUARY 2, 1996
The meeting of the Planning & Zoning Commission was called to order Tuesday, January
2, 1996 at 7:00 P.M. by Chairman Robert Smythe. Members present were Marilyn
MacLauchlin, Keith Mullins, Joseph Janusiak, Joseph Wiebush, Darryl Bishop 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 December 5, 1995
were approved as presented.
At this time Chairman Smythe noted that due to lack of representation for the first item
on the agenda, the Commission would at this time hear agenda item #2.
2. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Pam BonJorn
GENERAL LOCATION: Parcel located at the southwest corner of Minnehaha Avenue
and U.S. Highway 27 service road (857 E. Minnehaha Avenue and 1630 U.S. Highway
27).
REQUEST: A request for a Conditional Use Permit to amend Resolution No. 777 to
allow personal services, professional offices, car and boat sales and the operation of a
snack bar 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 changes in the business operationuand use of the
subject property. Previous uses were professional office for a sign company, recreation
facilities (putt -putt golf & batting cages), and personal service use (beauty salon and
computer company). The present petition asks for amendment of former uses to
accommodate automobile and boat sales, personal service uses, professional office uses,
and operation of a snack bar.
The previous putt -putt golf recreation facility and sign shop are no longer operating at
the site. All equipment for those businesses have been physically removed from the
location. The batting cage portion of the recreation amenity is to remain. However, the
batting cagesr� a not intended for commercial use where a fce or charge for use is
intended. A picnic area and hors; shoe pit are being provided along with the batting
cages for use by the employees of the personal service use (Advance Electric) and
patrons of the snack bar.
Mr. Harker further explained that the automobile and watercraft sales is to be
considered as an ancillary use to the principal uses of personal service, professional
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office, and snack bar. Existing licensing and utilization is indicated for the sale of used
vehicles and watercraft. A "new" vehicle or watercraft sales facility has not been
petitioned as a requested use.
The site is located in the C-2 zoning district and the UD -2 future land use district which
provides designation for highway commercial, tourist accommodations and park and
recreation uses. The proposed request is also consistent with directives of the future
land use map which indicates provision of commercial oriented uses.
The surrounding land uses include U.S. Highway 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.
Based upon existing uses previously permitted at the site, and 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 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. Approval of this amendment shall be conditioned upon compliance with all
previous applicable conditions specified in Resolution 777.
4. The applicant shall agree to operate the batting cage and other recreation
oriented facilities between the hours of 9:00 a.m. to 9:00 p.m. Sunday through
Thursday, and 9:00 a.m. to 10:00 p.m. on Fridays and Saturdays.
5. 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.
6. The applicant shall provide the Site Review Committee with a development plan
that indicates methods, forms and materials that shall be used to ensure
acceptable levels of noise buffering and visual screening from adjacent properties.
7. At the time of occupancy for each of the intended use(s), the attenuate structure
(unit) shall be inspected by the Fire Marshall for life safety requirements, all
requirements must be met prior to any Certificate of Occupancy being issued.
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8. At the time of occupancy for each of the intended use(s), the attenuate structure
(unit) shall be inspected by the Lake County Building Inspector and any building
code improvements required for the proposed use shall be installed and approved
by all appropriate jurisdictional entities prior to a Certificate of Occupancy being
issued.
9. Prior to operation of the snack bar operation all authorizations and permits from
appropriate jurisdictional agencies shall be secured. All of the requirements of
other regulatory agencies concerning operation of such facilities must be met. All
required improvements must be completed prior to a Certificate of Occupancy for
the requested use.
10. The automobile and watercraft sale portion of the site shall be located as not to
utilize required customer parking or City right-of-way. The maximum number of
watercraft and/or automobiles which may be located and designated for sale on
the site shall not exceed a comprehensive total of six (6) vehicles or watercraft at
any one time.
11. If parking at the site proves unsatisfactory or becomes problematic, the applicant
understands and agrees the City Council may revoke this Conditional Use Permit
by Resolution.
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 Pam BonJorn, applicant, of 380 West Lakeshore Drive, Clermont,
Florida.
Member Bill Rauch asked if there would be any boat storage.
Mrs. BonJorn stated that there would be no storage of boats.
A motion was made by Bill Rauch to recommend approval to the City Council as
presented by staff, seconded by Joseph Wiebush, approved by a unanimous vote.
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1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Magic Moments Learning Center, Inc.
LOCATION: 885 West Desoto Street and 801 West Avenue
REQUEST: A request for a Conditional Use Permit to amend Resolution No. 718 to
allow the expansion of an existing pre-school facility in the CBD Central Business
District.
Mr. Harker noted that the applicant is requesting a Conditional Use Permit to operate a
nursery school facility at 801 West Avenue. The site is located on the southeast corner
of West Avenue and Desoto Street, directly south of the Sheriff Sub -station. The
property is zoned CBD (Central Business District) and will allow for this use with
approval of a CUP. The Future Land Use District designation is EBD -1 (Established
Business District) which permits commercial business such as child care facilities.
The request is essentially for conversion of a existing residential building to that of a
child care facility. The applicant presently operates the child care center located at 885
W. Desoto Street, and this is a request to expand the existing business to the adjacent
building.
The building at 801 West Avenue would provide an additional 592 +/- square feet of
class room area. In addition, the expansion would increase enrollment by approximately
17-18 children, and would require 1 additional employee.
Mr. Harker noted that parking cannot be provided on-site. Therefore, the applicant has
indicated preference for utilization of the Parking Space Exchange Fee option that is
available for the Central Business District to satisfy the required parking for the
proposed expansion.
Based upon information indicatb-ig this is an expansion of an already existing business,
and standards for the development are consistent with directives of the City Zoning
Ordinance and Comprehensive Plan, Staff recommends approval of the amendment to
the Conditional Use Permit with the following conditions:
1. Approval of this amendment shall be conditioned upon compliance with all
previous conditions speeiiied in Resolution No. 718.
2. The conditions as set forth in this Conditional Use Permit shall be legally binding
upon any heirs, assigns and successors in title or interest.
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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. The structure specified for the proposed use may be used as a child care facility
only. No expansion of the use or additions to the facility shall be permitted
except as approved by another Conditional Use Permit.
5. The structure shall be inspected by the Fire Marshall for life safety requirements,
all requirements must be met prior to any Certificate of Occupancy being issued.
6. The structure shall be inspected by the Lake County Building Inspector. All
building code regulations for a change of use to a child care facility must be
provided prior to a Certificate of Occupancy being issued.
7. 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.
8. Standard sidewalk and ADA ramps shall be constructed adjacent to the subject
property in conformance with City Code.
9. This permit shall become null and void if the child care facility use has not begun
operation within one (1) year from the date of formal grant by the City Council.
10. The final Certificate of Occapancy 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
the City Council may revoke this Conditional Use Permit by Resolution.
At this time Chair man Smythe asked all those present who wished to speak in regard to
this case be sworn in.
Persons sworn in were Sam Allison, applicant, of 12946 Pineapple Place, Clermont,
Florida.
Mr. Allison stated that the reason for the expansion is that there is a new pre -K program
thru the schools and they have tentatively been assigned ten additional children, they
would like the program to begin as early as possible in February. Mr. Allison therefore
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requested that the condition for the sidewalk be changed to give them additional time to
install the sidewalk so they can concentrate on the inside of the building to meet HRS
regulations.
Planning Director Harker informed Mr. Allison that he should request the time extension
for the sidewalk to the City Council and further explained the Parking Space Exchange
Fee concept.
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: Safe -T -Storage, Inc.
LOCATION: Parcel generally located on the west side of U.S. Highway 27, approximately
200 feet south of the intersection of U.S. Highway 27 and Hook Street.
REQUEST: A request for a Conditional Use Permit to allow the construction of min -
warehouses (containing approximately 48,500 square feet) with on-site living quarters for
a caretaker, located in the C-2 General Commercial Business District.
Mr. Harker explained that the applicant is requesting approval of a mini -warehouse
storage facility to include an on-site managers living quarters. The total development is
to be composed of four (4) separate structures, and a three (3) stage phasing program
for development is intended. Approximately fifty (50%) percent of the storage space is
designated to be climate controlled (heated and cooled). A gated security system with
surveillance equipment is also intended.
The hours of operation are proposed to be 8 A.M. to 8 P.M., seven (7) days a week.
Office hours will be from 8 A.M. to 5 P.M. Monday through Saturday. On-site
management and security is proposed to be available 24 hours a day.
The subject site is zoned C-2 (Community Commercial District), and is designated as
UD -8 (Undeveloped District - 8) which provides for highway commercial uses within 600
feet of US Highway 27. The mini -warehouse use is therefore a permissible use with
approval of a Conditional Use Permit.
Adjacent land use is commercial to the north, vacant property to the south, commercial
to the east, and single family residential to the west.
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Based upon existing land use patterns and criteria specified for future development of
the area, Staff will recommend approval of the use with the following conditions:
Section 1
General 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, additions to the use, or additions to the facility
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 Operation/Reclamation 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 gpolic�able_ 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. All required landscaping must
be served with a low volume, permanent irrigation system that 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.
5. :� All inspection costs will be borne by the applicant. This shall include final
inspection and ongoing random inspections for compliance with standard
development requirements and Conditional Use Permit conditions,
6. The developer/permittee shall be responsible for the cost of all required on-site
and off -she infrastructure improvements necessitated by impacts of the project.
7. Ingress and egress to all project warehouses shall be provided from the interior
roadway system. Direct property ingress\egress shall be from US 27, at the
established median opening.
8. The developer/permittee shall install a six (6) foot high concrete block perimeter
wall around the subject site, or phases of the project, as approved by the City Site
Review Committee. In addition to the perimeter wall, a ten (10) feet wide,
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opaque vegetative buffer shall required adjacent to all residential uses. Other
required landscape buffering and screening shall be as approved by the City Site
Review Committee.
9. All storage shall be conducted within an enclosed structure. The outside storage
of vehicles., watercraft, commodities or other items shall be prohibited.
10. The caretakers quarters shall be considered an ancillary use contingent upon the
mini -storage use. If the mini -warehouse use or facility ceases to exist, the quarters
for the caretaker shall in no way provide vested interest as a residence.
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.
12. The mini -warehouse facility shall be utilized for storage purposes only. The
manufacturing, wholesaling, or retailing of services, goods or materials shall be
prohibited.
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
prosecution of construction of required improvements ultimatelyfinalized at
completion.
Section 2
Site Development
1. The applicant shall submit a detailed excavation, grading and erosion control plan
for the site during the site plan review process which must be approved by the
City Site Review Committee prior to initiation of development activity.
2. Noise levels during construction shall not exceed those recommended by the
Florida Department of Environmental Protection. Any vibratory compaction shall
be limited to the hours of 8:00 A.M. to 6:00 P.M. Monday through Saturday only.
Vibrations shall be limited to avoid any damages to neighboring persons or
properties. 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 or heavy machinery engines will not be started earlier than 7:00
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3. Ingress/egress to the site for construction shall be as approved by the City Site
Review Committee. Determination for selected ingress/egress locations shall be
determined prior to the commencement of any development activity for a specific
use or area.
4. All excavated material shall be stored in a location approved by the City Engineer.
5. Stormwater retention areas shall be constructed at a maximum relief 3:1 (H:V).
The side slopes shall be sodded. All other areas being disturbed shall be
stabilized with a combination of grass species appropriate for prevention of
erosion according to standards acceptable to and approved by the City and the
U.S.D.A. Soil Conservation Service.
7. In the event that overall site preparation is proposed to commence prior to actual
structure construction for a specific phase of the project, the permittee, heirs or
assigns shall provide a complete reclamation plan for the land area being
prepared. Reclamation shall be performed in conformance with the reclamation
plan (as required in Section 1, Item 3) approved by the City Engineer, and in
accordance with accepted best management practices (BMP) designated by
publications of the U.S.D.A. Soil Conservation Service and St. Johns River Water
Management District. The minimum reclamation plan shall address the following
characteristics:
A. Objective - The primary objective of the reclamation plan is to provide for
a final project site which is conducive to future development, compatible
with the surrounding topography and approximate pre -construction surface
water drainage characteristics without subsequent erosion. The final
grading of the project site shall conform to the grades, lines, slopes and
contours shown on the approved reclamation site plan (as required in
Section 1, Item 3).
B. Grading and stabilization - All areas disturbed during the land preparation
operation shall be graded, dressed and stabilized, in accordance with the
approved reclamation site plan (as required in Section 1, Item 3) and the
U.S.D.A., S.C.S. recommendations. Topsoil from the site shall be
stockpiled and applied as the final soil cover material for all reclaimed
areas. The retention areas shall be regraded to the original dimensions and
stabilized in accordance with plans approved by the City Engineer.
C. Landscaping and reforestation - Within 30 days all areas of the subject
site shall be seeded and mulched, or sodded, as required to control erosion
and prevent the creation of washes, rills, gullies, etc. All site areas shall
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also be seeded with a quick growing grass species which will provide an
early cover during the season in which it is planted, and will not later
compete with the permanent grassing. All City of Clermont landscape and
tree requirements shall be complied with. All reforestation operations shall
provide a minimum density of 20 hardwood trees per acre. Acceptable tree
species shall be in compliance with the City of Clermont Land
Development Regulations. Conversely, tree species designated as
undesirable by the City of Clermont Land Development Regulations shall
not be acceptable.
D. Reclamation time horizons - At the end of six months from the completion
of the reclamation project, at least 80% of the reclaimed areas shall have
permanently established ground cover. By the end of one year, ground
cover shall be established on 100% of the reclaimed areas. Should erosion
problems occur prior to final approvals by the City of Clermont, such
eroded areas shall be regraded and stabilized as necessary to comply with
the intent of this reclamation requirement.
E. Structure and debris eradication - All debris, refuse, junk, poles, piling,
cables and other related articles shall be removed from the project area as
part of the reclamation process. Any structures erected during the
development operation shall be dismantled and removed, unless approvals
from the appropriate jurisdictional entity permits otherwise. In general, the
area shall be returned to natural conditions that are conducive to future
development and compatible with the surrounding topography.
Section 3.
General improvements for development of the site shall require the following:
1. Sidewalks and street lighting shall be required along all road frontages in
accordance with adopted FDOT and City Codes.
2. All dumpster and other equipment sites shall be enclosed with masonry structures
with wood gates, in accordance with requirements of the City of Clermont Land
Development Regulations and plans approved by the City Site Review Committee.
3. All signage shall conform to adopted City Codes and Regulations.
4. Roadway improvement plans for US 27, including but not limited to, access drives,
accel/decel lanes, and turn lanes shall be submitted to and approved by the City
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Site Review Committee and FDOT prior to commencement of any development
activity. Traffic analysis shall be accomplished and provided as specified in the
City of Clermont Land Development Regulations.
Section 4.
A stormwater management plan, the following are required:
1. Permeability tests must be submitted as part of the site plan review process.
Permeability shall be maintained.
2. Verification of the stormwater run-off data and other assumption & calculations
shall be provided and approved by the City Engineer prior to any development
activity. Positive outfall for stormwater shall be provided as approved by the City
Engineer.
3. A St. John's River Water Management District stormwater permit shall be
required and filed with the City prior to receipt of a development permit or any
development activity.
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 Robert Thompson, applicant, of 1927 Brantley Circle, Clermont,
Florida.
Mr. Thompson informed the Commission that they do not feel there will be a problem
with traffic at the site as they have conducted a traffic study at their existing facility in
Minneola, which indicates a traffic volume of about 1/3 of what the ADT traffic manuals
indicates. The results of their traffic study indicates about 45 to 50 trips per day on
average, with a facility containing 560 units.
Mr. Thompson asked in reference to condition 3 of Section 3, noting that there presently
exist billboard on the property, would these billboard be a problem.
Planning Director Harker stated that these billboards would have to be removed as they
are only allowed on vacant property, and by the comprehensive plan are not permitted
within the City limits. As an example, when the Clermont Regional Shopping Plaza was
constructed an existing billboard on the property had to be removed.
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Planning Director Harker at this time recommended to the Commission that a stipulation
be added to these conditions requiring the existing billboards to be removed.
Further discussion followed.
A motion was made by Marilyn MacLauchlin to recommend approval to the City Council
as presented by staff, with the addition to Section 3, Condition 3 that the existing
billboards are to be removed seconded by Bill Rauch and approved by a unanimous vote.
There being no further business the meeting was adjourned.
ATTEST;
7n4;z� -'JL e4&)
Mh& Shaw Ogden, Plan ug Technician