11-01-1994 Regular Meeting
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C17Y OF CI,ERMONT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
NOVEMBER 1, 1994
The meeting of the Planning & Zoning Commission was called to order Tuesday,
November 1, 1994 at 7:00 P.M. by Chairman John Sargent. Members present were
Joseph Janusiak, James Brown, Robert Smythe, Joseph Wiebush, Darryl Bishop and
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 September 6, 1994 were approved as presented.
1. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: James Hurtak
OWNER: John Hurtak
LOCATION: South Lake Plaza
REQUEST: A request for a Conditional Use Permit to amend Resolution No. 830 to
allow the remodeling of the pre»ous Publix store and the demolition of a
portion of the existing retail area (buildings lying west of Publix), located in
the C-2 General Commercial Business District.
Mr. Harker informed the Commission that the applicant is requesting an amendment to
the existing CUP for the shopping center to allow renovation of the previous Publix
Supermarket and modification of the building and site to construct a new Scotty's store.
The demolition of the existing retail stores is to accommodate installation of a drive-thru
lumber yard with associated garden shed and garden center. The proposed expansion
would occur along the west side of the existing business, and adjacent to Highland
Avenue. Outside storage and pro»sion of a security fence, ten (10) feet in height, are
proposed for the exterior supply area.
Mr. Harker further noted that the proposed request is in conformance with the
designation of the Future Land Use Map, Future Land Use District (EBD-2), and
Zoning District classii"ication (C-2) for the proposed use. Based upon the City Attorneys
previous letter and the Attorney General's pre»ously rendered opinion, modification of
the existing shopping center site will not provide a procedural rule or statutory law
violation with respect to floor area ratio.
Historically, the shopping center has experienced problems in pro»sion of adequate
parking. However, recent expansion of the shopping center property for provision of
additional parking, and City Council approval of two (2) Conditional Use Permits to
authorize use of compact automobile size spaces (e.g. 9' wide) has assisted in measurable
alleviation of the condition. It should be noted however that standards for present
development has not been completely satisfied.
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PLANNING AND ZONING COMMISSION MEETING
NOVEMBER 1, 1994
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Pursuant to this information and recently established precedent with respect to preceding
shopping center revisions, Staff recommends reserved approval of the proposed use
contingent upon conditions specified within Resolution 830 and 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 City Site Review Committee prior to
authorization and issuance of a development permit.
3. All applicable 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 imgation system 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. A St. John's River Water Management District stormwater permit, or certificate of
exemption, shall be required and filed with the City prior to issuance of a development
permit or any development activity.
5. The permittee/developer shall submit a complete site parking plan which will
graphically display all parking locations. The required plan shall be submitted to and
approved by the Site Review Committee prior to issuance of any development permit.
6. The permittee/developer shall submit a landscape plan which will address required
landscape provisions for the site. The required landscape plan shall indicate compliance
with City codes for buffering, parking and interior site landscaping. The required plan
shall be submitted to and approved by the Site Review Committee ,prior to issuance of
any development permit.
7. The permittee/developer shall provide buffering and screening for outdoor storage
facilities in accordance with adopted City Codes and in conformance with the approved
site and landscaping plan approved by the City Site Review Committee.
Mr. Harker noted that as an amendment to #7 as stated in Staffs recommendation, he
would recommend, as it was required in Resolution No. 830 to install a block wall along
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CITY OF CI.ERMONT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
NOVEMBER 1, 1994
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Bloxam Avenue, to require the applicant to install a block wall in the area between the
two driveways on Highland Avenue. Equal treatment for each road frontage would be
accomplished in this manner.
8. The permittee shall install a dumpster for the commercial operation. Said dumpster
shall be enclosed with a masonry structure with wooden doors in accordance with plans
approved by the City Site Review Committee.
9. Architectural finish and design plans for the commercial building modification shall be
submitted to and approved by the City Site Review Committee to ensure aesthetic and
public safety considerations are not adversely unpacted.
10. No further expansion of this use or additions to the shopping center shall be
permitted except as approved by another Conditional Use Permit.
11. 'T'his permit shall become null and void if substantial construction work on the
Scotty's facility 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 improvementg
ultimately finalized at completion.
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.
At this time Mr. Sargent asked all those present who wished to speak in regard to this
case be sworn in.
Persons sworn in were Mr. Dennis Wood, representative of the applicant, of 3001 South
Highway 98, Lakeland, Florida.
Mr. Wood explained that this is a remodeling of the old Publix store and the intention of
the applicant is to demolish the buildings west of the old Publix, as this area will be used
for lumber drive-thru facility. Mr. Wood stated the applicant had intended to install a
chain link fence attached to a stockade fence to screen the yard area.
Mr. Smythe asked Mr. Wood what type of stockade fence he intended to install.
Mr. Wood stated a 3/4 inch stockade fence in what is normally used with the inside and
outside of the fence painted to match the building color. Mr. Wood further gave a brief
synopsis of the project.
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CITY OF CLF.RMONT
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NOVEMBER 1, 1994
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Mr. Smythe noted that he had some reservations regarding the proposed fencing and
buffering, as the existing fence around the center is similar in type to the fence the
applicant is proposing and this fence is very unsightly.
Mr. Wood stated that the existing fence would be removed unless there is an objection to
this.
Further discussion followed regarding fencing and landscape buffers.
A motion was made by Robert Smythe to add a condition that the developer be required
to install a six (6) foot masonry wall along the north property line extending from the
northeast corner of the site to connect with the ten (10) foot stockade fence. The
motion was seconded by Joseph Janusiak and approved by a unanimous vote.
A motion was made by Marilyn George to recommend approval to City Council as
presented by Staff with the addition of the condition approved in the previous motion,
seconded by Darryl Bishop and approved by a unanimous vote.
2. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Mr. Alan Ricci
LOCATION: 1033 Hook Street
REQUEST: A Conditional Use Permit to allow the operation of a trucking business
office, to include retail truck sales, heavy equipment storage and ancillary
repair of vehicles located in the M-1 Industrial District.
Mr. Harker explained that the applicant is requesting a Conditional Use Permit to allow
the above descnbed uses. Discussion with the applicant concenung the proposed
business and operation reveals the applicant desires to relocate a preexisting company
from a neighboring City to Clermont.
Essentially, the operation of the present business includes a fleet of fifteen (15) dump
trucks which are available for delivery of various construction materials to sites agreed
upon with business clients. The actual business day starts at 6 A.M. with drivers
returning around 4-5 o'clock in the afternoon. Upon return, on-site repairs to the
vehicles commences until necessary maintenance and repairs are completed.
Normal repair is done between 6 and 9 P.M. although unavoidable major repairs may
take longer. In certain instances vehicles may have to return with construction materials
still on them and in order to afford repair, stockpiling of materials may be required. In
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C17Y OF CIF.RMONT
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PLANNING AND ZONING COMMISSION MEETING
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certain other situations the clients may cancel the order for materials and intermittent
stockpiling of materials may result so that utilization of the dump trucks and usual
business operation may be resumed, Presently, there are no sales of vehicles at the
current location, this is an expansion of the business proposed for a later date, as yet
unknown.
Mr. Harker explained that prior to formal permitting of a business the City has an initial
three (3) phase analysis process which must be used to address site utilization, These
issues include current zoning of the property, future land use district designation, and
future land use map classification. Salient facts pertaining to the specific site are as
follows:
A. The property located at 1033 Hook Street is presently zoned M-1, Industrial
District,
B. The site has a future land use district designation of UD-2, Undeveloped
District.
C. The property is indicated for Commercial Land Use according to the Future
Land Use Map adopted by the City Comprehensive Plan.
Mr. Harker further noted, in sequential order of review, the scenario for potential use of
the site as requested, provides the following:
Although the property is zoned M-1, industrial, the Zoning district description does not
spec'if'ically provide for heavy equipment storage and ancillary repair of a fleet of vehicles
such as dump trucks. It is not identified as either a permitted use or recognized
conditional use. The only manner in which the use may be addressed is under the
Conditional Use Category of Uncertainty of Classification. In actuality the industrial
classifications delineated are tended toward manufacturing oriented businesses and not
that of heavy construction uses.
The second parameter, Future Land Use Classification, provides for many uses but
recognizes "light manufacturing" as the closest industrial type of use specked for tore
application in the area. Although the UD-2 (Undeveloped District) provides for a
variety of manufacturing, business and highway commercial uses, a heavy construction
equipment business/ storage yard does not correspond with the adopted district criteria.
The final standard for analysis is the Future Land Use Map. According to classification
of the site and surrounding area all future uses are to be commercially oriented use and
not industrially oriented.
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C17Y OF CI.ERMONT
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PLANNING AND ZONING COMMISSION MEETING
NOVEMBER 1, 1994
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Therefore, based upon this criteria, Staff finds no recourse but to recommend denial of
the request.
However, should Staff recommendation be rejected, approval of the use is recommended
to include 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 ail 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 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 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. A St. John's River Water Management District stormwater permit, or certificate of
exemption, 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, Grand Highway 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 FDOT prior to
commencement of any development activity. Total costs of the improvements will be
borne by the developer.
6. The permittee/developer shall submit a complete site parking plan which will
graphically display all parking locations and indicate provision of proposed additional
spaces. The required plan shall be submitted to and approved by the Site Review
Committee prior to issuance of any development permit.
7. The permittee/developer shall submit a landscape plan which will address required
landscape provisions for the site, including a berm and ten (10) foot wide opaque buffer
adjacent to north and east sides of the property. All other required landscape shall
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CITY OF CI.ERMONT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
NOVEMBER 1, 1994
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indicate compliance with City codes for buffering, parking and interior site landscaping.
The required plan shall be submitted to approved by the Site Review Committee prior to
issuance of any development permit.
8. The permittee/developer shall install a sidewalk in accordance with City standards
along Hook Street within one year from the date of formal grant of the Conditional Use
Permit by City Council. The required sidewalk shall extend the length of the subject
property.
9. The permittee shall install a dumpster for the commercial operation. Said dumpster
shall be enclosed with a masonry structure which shall have wooden doors in accordance
with plans approved by the City Site Review Committee.
10. No further expansion of this use or additions to the use shall be permitted except as
approved by another Conditional Use Permit.
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 reauired improvements ultimately finalized
at completion.
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.
Chairman Sargent read a letter received from WAC Investments, an adjoining property
owner, which denoted their objection of this type of project in this area.
At this time Mr. Sargent asked all those present who wished to speak in regard to this
case be sworn in.
Persons sworn in were:
Alan Ricci, 11712 Lakeshore Drive, Clermont, Florida.
Pam BonJorn of 380 West Lakeshore Drive, Clermont, Florida.
French Galford, 1929 U.S. Highway 27, Clermont, Florida.
Mr. Alan Ricci, applicant, noted that there is an existing garage on this property and they
are proposing to pave a portion to the rear of the building to park the trucks and use the
existing garage as a repair shop. Mr. Ricci further noted that they have proposed to
Staff the building of a masonry wall on three side of the building as a buffer and to
alleviate any noise problems. This would be used strictly as a parking facility.
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Cd77Y OF CLERMONT
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PLANNING AND ZONING COMMISSION MEETING
NOVEMBER 1, 199a
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Member Robert Smythe noted that Mr. Harker had remarked that there would also be
stock piling of materials.
Mr. Ricci explained at times stockpiling is necessary for a short period. For example, if
someone orders a load of stone and for some reasons cancels the order after it has been
loaded on the truck, it will be dumped on the site until the next day when it can be
delivered somewhere.
Member Robert Smythe noted his concern with the loading of materials into the dump
trucks as this can be a very noisy process.
Mr. Ricci stated that they use a small backhoe and this is not a continuous use only
occasional.
Mr. French Galford, adjoining property owner, stated that he was concerned as to
whether Hook Street was constructed to handle the heavy weight of the trucks. Mr.
Galford further stated that he is concerned about the noise level as his kitchenettes abut
against this property. He has established, over a period of years, a consistent winter
guest cliental and expressed concern the proposed operation would potentially have an
adverse effect on his business due to the noise and other parameters associated with such
a trucking business.
Further discussion followed regarding the grade of Grand Highway, the topography of
the site and the feasbility of using Grand Highway and Hook Street for ingress/egress to
the site in view of the way these roads are constructed.
A motion was made by Robert Smythe to recommend denial of this request to the City
Council, seconded by Darryl Bishop and approved by a unanimous vote.
There being no further business the meeting was adjourned.
ATTEST:
Mi Shaw, Planning Technician
l`,
~~,~
t, Chairman