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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. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING JANUARY 3, 1995 Page - 2 - 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. • • 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. • CITY OF CLERMONT MINUTES • PLANNING AND ZONING COMMISSION MEETING JANUARY 3, 1995 Page - 4 - 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. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING JANUARY 3, 1995 Page - S - 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. • • 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. • 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. • • 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. • 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. • CITY OF CLERMONT MINUTES C~ PLANNING AND ZONING COMMISSION MEETING JANUARY 3, 1995 Page - 10 - 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