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12-16-1994 Regular Meeting• CITY OF CLF.RMONT MINUTES PLANNING AND ZONING COMMISSION MEETING DECEMBER 6, 1994 The meeting of the Planning & Zoning Commission was called to order Tuesday, December 6, 1994 at 7:00 P.M, by Vice-Chairman Joseph Wiebush. Members present were James Brown, Robert Smythe, Darryl Bishop, Marilyn George and Wendell McDannel. Also attending were Lanny Harker, Director of Planning and Mimi Shaw, Planning Technician. MINIJ7'ES of the meeting held November 1, 1994 were approved as presented. 1. REQUEST FOR A CONDITIONAL USE PERNIIT APPLICANT: Thompson/Homan Investment Group OWNER: Thompson/Homan Investment Group LOCATION: 1324 Grand Highway REQUEST: A request for a Conditional Use Permit to allow the operation of a professional office in the R-3-A Residential/Professional District. Mr. Harker stated that the applicant is requesting a Conditional Use Permit for a professional office to be located on the above descnbed property. The subject site is the second parcel south of the southwest corner of the intersection of Grand Highway and Almond Street. Surrounding existing land uses include residential to the north, south and west with commercial (Clermont Regional Shopping Center) to the east. It should also be noted that lots 1, 2, 3 and 4 lying south of the site have previously been granted a Conditional Use Permit for development of professional offices. Mr. Harker further stated that the surrounding zoning is R-2 (Medium Density Residential) to the west, R-3-A (Residential/Professional District) to the north and south, and C-2 (Highway Commercial) to the east. Lots 5, 6 and 7 were r zoned to R-3-A at the City Council meeting of .April 26, 1994. Discussion included recognition that existing areas around U.S. 27 and S.R. 50 were in a transitional state from former residential use to professional office and commercial oriented uses. Therefore, based upon demonstrated consistency with required zoning district classification, future land use district and land use map designations, and recent acknowledgement for transitional use application of the area Staff recommends approval of the proposed use with the following conditions: ~J • Cl7Y OF CLF.RMOIV7" MINUTES PLANNING AND ZONING COMMISSION MEETING DECEMBER 6, 1994 Page - 2 - 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 professional office (drafting business) null --. 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 and grading/excavation 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 lnnited 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. 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. The permittee agrees to dedicate ten (10) feet of right-of--way the length of the site adjacent to Grand Highway for conformance with adopted collector roadway standards. The right-of--way dedication document shall be provided and accepted prior to a certificate of occupancy being issued for the site. 9. A Sidewalk shall be constructed along Grand Highway in accordance with adopted City Codes. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING DECEMBER 6, 1994 Page-3- 10. 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. 11. Noise levels during construction of the project shall not exceed those recommended by F.D.E.R. 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. Construction equipment preparation, noise or machinery engines will not commence earlier than 7:00 A.M. 12. At the time signalization is warranted at the intersection of S.R. 50 and Grand Highway the permittee/developer shall pay a pro rata share of costs based upon traffic count determination. 13. 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. 14. 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. 15. The permit shall expire if construction has not begun within one year from the date of grant of this Conditional Use Permit. 16. 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. Harker explained that the applicant has noted his desire to change or delete condition 13 which requires a dumpster, as the proposed use is not a high generator of waste. Mr. Harker suggested that this change be addressed by the City Council. 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, applicant, 295 East Highway 50, Clermont, Florida. Mr. Homan, noted that the only condition they would request to be changed would be the requirement for a dumpster. • • CITY OF CIERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING DECEMBER 6, 1994 Fage - 4 - A motion was made by Wendell McDannel to recommend approval to the City Council as presented by staff seconded by Marilyn George, approved by a unanunous vote. Z. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Star Development, Inc./Rick McCoy, Project Engineer OWNER Donald and Patricia McCaffrey GENERAL LOCATION: Northwest corner of Hook Street and U.S. Highway 27 (Service Road) REQUEST: A request for a Conditional Use Permit to allow the development of a Commercial Center and Office Park in the C-2 General Commercial Business District. Mr. Harker explained that the applicant is requesting a CUP for a Commercial Center/ Office Park to be located on the former Drive-in Theater property and adjacent property along the U.S. 27 frontage road. The project is to be comprised of eight (8) lots ranging from .59 acres to .89 acres in size. An interior connector street is proposed to assist in accommodation of truck and automobile traffic generated by the Commercial Center/ Office Park facility. Surrounding land use is commercial (Clermont Bait and Tackle Shop) and vacant property to the north, commercial (Cumberland Farms convenience store) and residential to the south, Institutional (First Christian Church) and residential to the west, and U.S. 27 to the east. Surrounding zoning is R-2 (medium density residential) to the west, R-1 (Urban Residential) and GZ (Highway Commercial) to the south, and C-2 (Highway Commercial) to the north and east. The proposed request is in conformance with the designation of the Future Land Use Map (Commercial Land Use), Future Land Use District designation (UD-2), and Zoning District classification (C-2) for the proposed use. Pursuant to information provided above, Staff recommends approval of the Conditional Use Permit for the proposed use with the following conditions: 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and/or successors in title or interest. ~J • CITY OF C,IF.RMONT MINUTES PLANNING AND ZONING COMMISSION MEETING DECEMBER 6, 1994 Page - 5 - 2. The property shall be developed in substantial accordance with an approved site plan incorporating all conditions of this Conditional Use Permit. Said plans shall be submitted for review and approval of the City Site Review Committee prior to authorization and issuance of a development permit. 3. All applicable Hiles and regulations for development within the City shall be met, including but not limited to, final site plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks. All required landscaping shall be served with a low volume permanent irrigation system including City approved and State mandated back-flow prevention device and rain sensor gauge. All landscape areas shall 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. A St. John's River Water Management District stormwater permit shall be required and filed with the City prior to issuance of a development permit or any development activity. 5. Roadway improvement plans for Hook Street, the Frontage Road and U.S. 27, including but not limited to right-of-way dedication, access drives, accel/decel lanes, turn lanes, traffic signalization devices, signage, and traffic movement lanes shall be submitted to and approved by the City Site Review Committee, Lake County and Florida Department of Transportation prior to commencement of any development activity. Total costs of the improvements, except for signalization at Hook Street and U.S.27 will be borne by the applicant. At such time as signalization is warranted at U.S. 27 and Hook Street the applicant shall pay a pro rata share of such unprovement costs as determined by traffic count determination. 6. The permittee/developer shall install a sidewalk in accordance with City standards along Hook Street and the Frontage Road. Within two (2) years from the date of formal grant of the Conditional Use Permit by City Council the applicantldeveloper shall provide sidewalks on each side of the interior roadway. Ali required sidewalks shall extend the length of the subject property. 7. The permittee/developer shall submit a landscape plan which will address required landscape provisions for the site, to include a berm incorporating a ten (10) foot wide opaque buffer adjacent to the north, west and south sides of the property. • C J CI'!Y OF CLF,RMONT MINUTES PLANNING AND ZONING COMMISSION MEETING DECEMBER 6, 1994 Page - 6 - All other required landscape shall be provided in compliance with City codes for buffering and screening. The required plan shall be submitted to and approved by the Site Review Committee prior to issuance of any development permit. 8. Ingress/egress to the site for construction shall be from the frontage road only. No ingress or egress of machinery or trucks shall be allowed directly from Hook Street. 9. Noise levels during construction of the project shall not exceed those recommended by F.D.E.P. 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. Construction equipment preparation, noise or machinery engines will not commence earlier than 7:00 A.M. on any day. 10. Land uses developed within the commercial center/office park shall be consistent with those described as retail business including restaurants, personal service and professional office uses under the C-2 Zoning District Category. Land uses other than those described above and those defined as "conditional uses" shall warrant City Council review on an individual parcel by parcel basis. 11. This permit shall become null and void if substantial construction work on the site has not begun within one (1) year from the date of formal grant by the City Council for this Conditional Use Permit. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at com letion. 12. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by resolution. Mr. Harker stated that Staff would like to add a condition allowing lots 1 through 4 ingress/egress from the U.S. Highway 27 frontage road, however, all remaining lots shall be accessed from the interior roadway. 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. Rick McCoy, Project Engineer, of 10670 Lake Hill Drive, Clermont, Florida. Member Robert Smythe asked if the interior street was to be private or public. C~ C~ C17Y OF CLF.RMOIVI" MINUTES PLANNING AND ZONING COMMISSION MEETING DECEMBER 6, 1994 Page - 7 - Mr. McCoy stated they would like to keep this a private street to allow a smaller width right-of--way width than what would normally be required for a City street. Mr. Harker noted that they hoped to arrive at a compromise on the road situation at the City Council meeting. A motion was made by Robert Smythe to recommend approval to the City Council as presented by staff, seconded by Wendell McDannel, approved by a unanimous vote. There being no further business the meeting was adjourned. i ~ ~/ Josep Wiebush, Vice-Chairman ATTEST: ~ _ Mi Shaw, Planning Technician