01-03-1995 Regular Meeting• •
CITY OF CLF.RMONT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
JANUARY 3, 1995
The meeting of the Planning & Zoning Commission was called to order Tuesday, January
3, 1995 at 7:00 P.M, by Nice-Chairman Joseph Wiebush. Members present were James
Brown, Robert Smythe, Darryl Bishop, Marilyn George. Member Wendell McDannel
was absent. Also attending were Lanny Harker, Director of Planning and Mimi Shaw,
Planning Technician.
MINUTES of the meeting held December 6, 1994 were approved as presented.
1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Osceola Financial Corporation
OWNER Osceola Financial Corporation
LEGAL DESCRIPTION: Lots 1, 2, 3 and 4, Lakeview Heights Subdivision
GENERAL LOCATION: Approximately 150' north of the intersection of Grand
Highway and SR 50, on the west side of Grand Highway.
REQUEST: A request to extend the expiration date of Resolution #814 to January 25,
1996, to allow the construction of a professional office in the R-3-A
ResidentialJProfessional District.
Mr. Harker explained that the applicant is requesting an extension of the previously
permitted Conditional Use Permit to construct a professional office building in the R-3-A
Residential/Professional District. The structure would be comprised of two (2) stories
with a bank facility located on the lower level and real estate offices being located on the
second. The site is located on the west side of Grand Highway, approximately 150' north
of S.R. 50. The Future Land Use District designations are UD-2 and UD-5 which allow
retail sales and business, and professional offices, respectively. The proposed request is
also consistent with directives of the Future Land Use Map and Zoning District
designation which permit quasi-commercial oriented uses.
The surrounding land uses include retail, professional office and commercial to the north
and south, residential to the west, and commercial to the east.
Mr. Harker noted recognizing there have been no changes to the proposed site plan, and
City Council previously approved the Conditional use Permit for the proposed use, staff
recommends approval for time extension of the CUP with the following conditions:
1. Approval of the proposed use shall be conditioned upon compliance with all
previous conditions specified in Resolution No. 814.
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CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION MEETING
JANUARY 3, 1995
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2. The conditions as set forth in this Conditional Use Permit shall be legally binding
upon any heirs, assigns andJor successors in title or interest.
3. This permit shall become null and void if substantial construction work has not
begun within one (1) year of the date of grant of this Conditional Use Permit.
"Substantial Construction Work" means the commencement and continuous
prosecution of construction of required improvements ultimately finalized at
completion.
4. 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 Mr. Wiebush asked all those present who wished to speak in regard to this
case be sworn in.
Persons sworn in were Greg Homan of 20570 Sugarloaf Mountain Road, Clermont.
A motion was made by Robert Smythe to recommended approval to the City Council as
presented by staff, seconded by James Brown and approved by a unanimous vote.
2. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Clermont Garden Club
OWNER: Building =Clermont Garden Club; Land =City of Clermont
GENERAL LOCATION: 834 West Street (Center Lake)
REQUEST: A request for a Conditional Use Permit to allow utilization of the Clermont
Garden Club for a temporary Church facility (two year time period).
Mr. Harker explained that the applicant is requesting a Conditional Use Permit for a
temporary church facility (two year time period) to be located on the above described
property.
The subject site is located on the west side of Center Lake, north of the intersection of
Broome Street and West Avenue. Existing land uses surrounding the site include a day
care center, City and County Law offices, a private club and commercial businesses to
the north and northeast, residential and a church to the west, Center Lake Park to the
east, and Center Lake Park and Highway 50 to the south. Surrounding zoning is R-3
(Residential/Professional) to the east and west, CBD (Central Business District) to the
north, and C-2 (Highway Commercial) to the south.
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Cl7Y OF CLERMON!'
MINUTES
PLANNING AND ZONING COMMISSION MEETING
JANUARY 3, 1995
Page - 3 -
Mr. Harker further explained that the applicant is requesting use of the Garden Club
one (1) day\evening per week to conduct worship services. The facility has only eight (8)
parking spaces on site, which is a concern and may prove to be the limiting factor for
increasing development of the church. Currently however, the congregation is small and
will not pose a problem with respect to the parking requirement (1 space for each 4
permanent seats).
Based upon the present small congregation size and temporary nature of the proposed
use, staff recommends approval of the Conditional Use Permit subject to 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 permitted an additional temporary use for a Church on1v.
The temporary Church use shall be permitted for a period not to exceed two (2)
years. No change of the use or additions to the use shall be permitted except as
approved by another Conditional Use Permit.
3. All applicable rules and regulations shall be met, including but not limited to final
site plan approval, landscaping, parking and sign regulations.
4. 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.
5. The permit shall expire if the church use has not begun within one year from the
date of grant of this Conditional Use Permit.
6. 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 Mr. Wiebush asked all those present who wished to speak in regard to this
case be sworn in.
Persons sworn in were Ms. Joyce Droege, representative of the applicant, of 743 Oak
Drive, Clermont, Florida.
Member James Brown asked the applicant if there would be room for any additional
parking if it became necessary.
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CITY OF CLERMONT
MINUTES
•
PLANNING AND ZONING COMMISSION MEETING
JANUARY 3, 1995
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Ms. Droege that there is a limited amount of space inside the facility and the use would
therefore probably not exceed the number of parking spaces.
A motion was made by Marilyn George to recommend approval to the City Council as
presented by Staff, seconded by Darryl Bishop, and approved by a unanimous vote.
It was noted at this time that there was no representative present for the third item on
the agenda, therefore the fourth item on the agenda was heard.
4. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: Spacemaster Buildings
OWNER Lake County Public Health Unit
LOCATION: 560 Desoto Street
REQUEST: A request for a Conditional Use Permit to allow the placement of a modular
building temporarily for Administrative Staff in the R-3 (Residential/ Professional)
zoning district.
At this time Mr. Wiebush asked all those present who wished to speak in regard to this
case be sworn in.
Persons sworn in were:
David Daum, representative of Spacemaster Buildings, of 7169 Washington Road, Mt.
Dora, Florida.
Joyce Kinnard, Lake County Public Health Unit, of 27838 Lisa Drive, Tavares, Florida.
Cindy Freeman, Lake County Public Health Unit, of 1403 Alfred Street, Tavares,
Florida.
Russ Meting, Lake County Public Health Unit, 31212 Bloxmore Circle, Sorrento, Florida.
Mr. Harker explained that the applicant is requesting a Conditional Use Permit for
placement of a modular building to temporarily house a portion of the Lake County
Health Department Administrative Staff. The structure is proposed to be located on the
same property with the existing Health Department building, and as presented will
require a variance of eight (8) feet from the required rear setback criteria (i.e. 17 ft. - 25
ft). The structure is a two (2) unit, manufactured building design and construction, and
will have a total floor area of 1,680 square feet upon completion of assembly.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
JANUARY 3, 1995
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Mr. Harker noted that in accordance with Section 24-2.1 of the City of Clermont Code
of Ordinances, temporary parking of a trailer for use as an office mayr be permitted by
the City Manager for a period of thirty (30) days, with option for renewal. However, the
applicant has requested temporary use for a period of approximately two (2) years
wherein City Council action should be exercised.
Mr. Harker further explained that historically, temporary office trailer placement has
been allowed during construction of structures and certain subdivision developments.
Requests for office uses without indicated intent of construction have been denied
routinely by City Council as evidenced by both historic and recent decision (e.g. CBS
Industries - Carrot Street).
Therefore, based upon historic precedent set by City Council and potential for setting
adverse future precedent, Staff recommends denial of the Conditional Use Permit for the
temporary office facility. However, should Staff recommendation be rejected and
approval of the use be confirmed, recommended conditions should be 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.
5. 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.
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CITY OF CLEIZMONT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
JANUARY 3, 1995
Page-6-
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.
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.
Mr. David Daum, representative of Spacemaster Buildings, gave a brief synopsis of the
project, explaining that the building would only be temporary until the funding is
available to acquire a new facility, which is anticipated to be in approximately two years.
The existing facility is very restricted for space. No further staff will be added, this
building will only give more space for the existing services now being provided.
Further discussion followed regarding the various services that are provided by the Lake
County Public Health Unit and the need for privacy and additional room to properly
provide for some of these services.
Member Smythe asked if there are plans to upgrade the parking area.
Mr. Daum asked if the applicant would have to upgrade the parking, landscaping,
irrigation, etc., based on the fact that the building would only be there for two years, as
they are not actually expanding the use.
Member Smythe explained that it is not necessarily the addition of employees but rather
the growing number of clients that would require the additional parking.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
JANUARY 3, 1995
Page-7-
Ms. George noted that staff had only recommended approval for one year rather than
two as the applicant had asked.
Mr. Harker noted that by City regulations this should not be permitted, however, staff
felt it would be a compromise to grant the CUP for one year rather than two.
Mr. Daum noted that the applicant does intend to locate a permanent building within the
two years, their intention is not to use this building on a permanent basis.
Member Smythe noted that if plans do not proceed as anticipated it would be difficult to
make them relocate the building after the CUP had expired.
Ms. Kinnard explained that the Board of County Commissioners is aware that these older
buildings must be brought up to ADA Standards. This particular building would
probably cost more in renovations than it would to relocate. Furthermore, there is
presently only two years of funding, from the WIC program, for the temporary building.
After further discussion, a motion was made by Marilyn George to recommend approval
to the City Council as presented by Staff with the exception that condition #2 be
changed to allow the use for a two year period, seconded by James Brown.
Member Bishop asked if the permit could be pulled after the two year period has
expired.
Mr. Harker noted that this would be done unless the CUP were to be extended by City
Council for additional time.
Member Brown asked the applicant if they had any difficulty with any of the conditions
being imposed.
Mr. Daum stated that due to the temporary nature of the building they would ask that
the requirement for the irrigation system be removed.
Member George asked if the requirement of the irrigation system were to be left in the
CUP could the Site Review Committee decree that it is not necessary.
Mr. Harker noted that if the irrigation system were included in the CUP it would be
required, he therefore would suggest that if the Commission does not feel this should be
required that they should omit the portion of Staffs recommendation which requires
landscaping and irrigation.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
JANUARY 3, 1995
Page-8-
The motion was remade by Marilyn George to recommend approval to the City Council
as presented by Staff with the exception that condition #2 be changed to allow the use
for a two year period, seconded by James Brown, and approved by a unanimous vote.
3. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: Joseph Z. Washuta
OWNER: Joseph Z. Washuta
LOCATION: 847 W. Minneola Avenue
REQUEST: A request for a Conditional Use Permit to allow the operation of a
combination Retail Business and Residence in the CBD (Central Business) District.
At this time Mr. Wiebush asked all those present who wished to speak in regard to this
case be sworn in.
Persons sworn in were Mr. Joseph Washuta, applicant, of 847 W. Minneola Ave.,
Clermont, Florida.
Mr. Harker explained that the applicant is requesting a Conditional Use Permit to allow
the operation of a small Retail Business in combination with an existing residence in the
CBD (Central Business) District. Location of the business would be the present front
porch area of the structure with the existing dwelling area remaining as residential use.
Mr. Harker noted that the emphasis of the proposed business would be sales of
ornamental gardening supplies, small plants, and craft items. The applicant has indicated
loading and unloading could be accomplished at the rear of the property, and required
parking for the business expansion (2 additional spaces) would be accomplished via the
Parking Space Exchange Fee designated for the CBD, or through some form of on-site
accommodation to be determined at the time of site plan approval.
The surrounding land use of the property is commercial and/or professional office in all
directions. The surrounding Zoning is CBD (Central Business District) in all directions.
The future land use map indicates this area for business related uses in all directions.
Therefore, based upon the foregoing information 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.
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C77Y OF CI.F.RMOIV7'
MINUTES
PLANNING AND ZONING COMMISSION MEETING
JANUARY 3, 1995
Page-9-
2. The property may be used as a combination residence with 350 square feet
ornamental gardening supply and craft business onlX. 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). A11 landscape areas
must be properly maintained.
5. 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.
6. 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.
7. A parking, traffic circulation and ingress/egress plan shall be submitted to and
approved by the City Site Review Committee prior to any development activity on
the site.
$. 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.
9. The permittee/developer shall provide a concrete dumpster enclosure with wooden
doors on the subject property. The size and location of the dumpster shall be
indicated on the site plan and approved by the Site Review Committee prior to
any development activity.
10. No outdoor storage of materials, supplies or commercial products other than
vegetative, ornamental plants shall be permitted. All retail or wholesale sales
must be located within a completely enclosed building.
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CITY OF CLERMONT
MINUTES
C~
PLANNING AND ZONING COMMISSION MEETING
JANUARY 3, 1995
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11. 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.
12. The permit shall expire if operation of the commercial business has not begun
within one year from the date of grant of this Conditional Use Permit.
13. 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.
Mr. Joseph Washuta asked, in reference to condition #9, would the dumpster be
required as some business do have City garbage pick-up.
Mr. Harker that this is a standard requirement that a commercial business have a
dumpster. However, some small businesses have asked the City Council to be exempted
from the requirement as there solid waste generation is very limited.
After further discussion, a motion was made by Robert Smythe to recommend approval
to the City Council as presented by Staff, seconded by Marilyn George and approved by
a unanimous vote.
There being no further business the meeting was adjourned.
Josep Wiebush, Vice-Chairman
ATTEST:
`j~~ ~
Mim Shaw, Planning Technician