04-06-1993 Meeting• •
MINUTES
PLANNING & ZONING COMMISSION
April 6, 1993
The meeting of the Planning & Zoning Commission was called to order 'Tuesday, April
6, 1993 at 7:30 P.M. by Chairman John Sargent. Members present were James Brown,
Joseph Janusiak, Joseph Wiebush, Jim Hoskinson, Marilyn George, Don Smith and
Wendell McDannel. Member Bonnie Kranz was absent. Also attending were Lanny
Harker Director of Planning and Mimi Shaw Planning Technician.
MINUTES of the meeting held February 2, 19)3 were approved as presented.
NEW BUSINESS:
1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Bud Meadows
LOCATION: 1210 and 1214 Bowman Street
REQUEST: A request for a Conditional Use Permit to amend Resolution No. 719 to
extend the expiration date from April 30, 1993 to April 30, 1996 (3 year
period) for the operation of a Church in the C-2 General Commercial
Business District.
Mr. Harker informed the Commission that the Church use is located in the Sunnyside
Shopping Center, adjacent to the Sheriffs Sub-station and the Automobile License
Bureau. The applicant is requesting a third extension to the original CUP that was
initially approved in 1987. Two (2) extensions for additional two (2) year periods were
granted in 1989 and 1991, respectively. The 1991 CUP application provided a
request for expansion of the existing facility into the adjacent office area (formerly
Quality rDuick Print) and asked for a three (3) year operating time frame. Subsequent
action by the City permitted enlargement of the church; however, the time period for
operation remained at two (2) years, consistent with the previous two (2) approvals for
the use.
Mr. Harker further noted that research conducted by Staff on the prior approvals
indicated expressed concerns for potential proliferation of "store front" church
operations in commercially zoned and land use oriented portions of the City and
possible conflict and limitation of uses that may inherently be non-compatible with
such land uses (i.e. restaurants or other commercial businesses that serve or sell
alcoholic beverages for consumption on or off the premises).
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Staff recommends approval of the request subJect to the conditions of the original
CUP, however, the time limitation should remain at two (2) years from the established
date of the existing CUP expiration date which will be April 30, 1995.
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. Bud Meadows, 11121 Oleander Drive, Clermont, Florida
Mr. Meadows stated that the Church use has worked out well and he would like to
continue to have them as a tenant.
Further discussion followed regarding the potential effect and restrictions a Church
located in a commercial district could have on surrounding property.
A motion was made by Don Smith to recommend approval to the City Council as
presented by staff, with the time limit of two (2) years, seconded by James Brown,
and approved by a unanimous vote.
2. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Racetrac Petroleum, Inc. -Timothy L. Walters, Agent
LOCATION: Property generally lying on the southwest corner of S.R. 50 and Grand
Highway
ACREAGE: 1.00 +/- acres
REQUEST: A request for a Conditional Use Permit to allow the construction of a
convenience store with accessory fuel pump facilities in the C-2 General
Commercial Business District.
Mr. Harker informed the Commission that the applicant is requesting a Conditional
Use Permit to allow construction of a convenience store and associated fuel sales
facilities. Historically, the site has been utilized as an automated car wash (Sparkle
Clean), a combination auto washing and real estate office facility, and a U-Haul trailer
rental business. The original structure received devastating fire damage in the late
1980's and was demolished in July of 1991. The site has remained vacant since that
time.
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Mr. Harker noted that the subject property is presently zoned C-2 (Highway
Commercial) and is located in one of the approved commercial nodes as identified in
the adopted Comprehensive Plan. The Future Land Use District Classification is UD-2
which permits highway commercial uses such as the convenience store/gasoline
station use that has been requested.
Based upon the current zoning, land use district designation, and consistency with
the future land use map and directives of the Comprehensive Plan for commercial
expansion in this area of the City, Staff recommends approval of the proposed use
with the following conditions:
1. The conditions as set forth in this Conditional Use Permit shat{ be legally
binding upon any heirs, assigns and/or successors in title or interest.
2. The property may be used as a convenience store/individual gasoline sales
business only. 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 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. 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 shall be
required and filed with the City prior to receipt of a building permit or any
development activity.
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7. The applicant shall submit a detailed excavation, grading and erosion control
plan for the entire site during the site plan review process which must be
approved by the City Site Review Committee prior to initiation of development
activity.
8. Roadway improvement plans for State Road 50, Grand Highway, and the
commercial site, including but not limited to, access drives, accel/decel lanes,
turn lanes, traffic signalization devices, and internal signage and traffic
movement lanes shall be submitted to and approved by the City Site Review
Committee, FDOT and Lake County prior to commencement of any
development activity. 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.
9. Ingress/egress to the site shall occur from Grand Highway off. A fifty (50)
foot wide ingress/egress drive shaft be required to facilitate traffic movement on
and off the site.
10. The permittee/developer shall, in conceptual site plan development, allow for
construction of an interna{ traffic connection link that potentially provides direct
access to abutting land uses to the south of the subject property.
11. 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.
12. Sidewalks shall be required along all road frontages (Grand Highway and S.R.
50) in accordance with adopted FDOT and City Codes.
13. FDOT and Lake County permits will be required and filed with the City for any
excavation/grading activity along S.R. 50 and Grand Highway rights-of-way
rior to issuance of a Development Permit by the City.
14. The permittee/developer shall provide on-site and off-site utility improvements
as necessary to address and satisfy the impacts of the project. Plans and
specifications shall be provided to and approved by the City Site Review
Committee prior to the issuance of any development permit by the City.
15. 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. Heavy equipment or heavy machinery engines will not be
started earlier than 7:00 A.M.
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16. Ingress/egress to the site for construction shall be from Grand Highway only.
No ingress or egress of machinery or trucks sha11 be allowed on S.R. 50.
17. 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.
18. All dumpster and other equipment sites shall be enclosed with masonry
structures in accordance with plans approved by the City Site Review
Committee.
19. A site lighting plan shall be submitted and approved that shall ensure all
lighting is directed upon the site and does not adversely impact abutting
properties.
20. Architectural finish and design plans for the commercial building, especially the
rear of the building, shall be submitted to and approved by the Site Review
Committee to ensure aesthetic and public safety considerations are not
adversely impacted.
21. All signage shall conform to adopted City Codes and Regulations.
22. 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.
23. The permit shall expire if construction has not begun within one year from the
date of grant of this Conditional Use Permit.
24. 1f 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:
Timothy Walters, representative of Racetrac Petroleum, 2455 Misty Hallow Lane,
Cummings, Georgia.
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Mr. Walters asked in reference to condition #4 which states all yard setbacks shall be
met. The canopy over the fuel pumps would only be 20' on one side, rather than the
30' as required by the Citys ordinance.
Mr. Harker stated that this had been discussed with staff, and it was determined that
the intent of the Ordinance was to maintain a 30' setback from roadways, not abutting
properties. Staff feels that the setback of 20' is more than adequate.
Mr. Harker noted, in reference to condition #9, that the required ingress/egress
according to City Code would be 40' wide, however staff feels that a 50' wide
ingress/egress would be necessary due to the volume of traffic, motor homes, etc.
Staff feels that the wider drive would necessitate getting the traffic off of Grand
Highway as soon as possible.
Mr. Hoskinson asked why the plans show a drive coming off of S.R. 50.
Mr. Harker stated that it is Staffs recommendation that the drive on S.R. 50 be
eliminated, due to public safety.
Mr. Smith stated that he felt it would be difficult to accommodate the large traffic flow
leaving a self service gas station and convenience store at this location, without the
addition of a southbound turn lane on Grand Highway for traffic turning east onto S.R.
50, to eliminate a backup problem for the traffic exiting the store. Mr. Smith stated
that he felt that the proposed entry on S.R. 50 to the site would facilitate traffic
movement rather than hinder it.
Further discussion followed regarding the potential traffic problems at the proposed
site.
Mr. Walters, representative, stated that it is the applicants hope that they will receive
approval from FDOT for the entrance off of S.R. 50 and that they can then request an
amendment to their CUP for this condition to be changed.
Mr. Smith, in reference to condition #19, recommended that "does not adversely
impact abutting properties and that traffic on S.R. 50 and Grand Highway shall be
shielded" be added.
Mr. Sargent asked, in reference to condition #9, if Staff felt the driveway cut on Grand
Highway was far enough south of S.R. 50.
Mr. Harker stated that this had been discussed with the
that the City would like this cut to be as far south of S.R
capacity, which is again due to public safety concerns.
applicant, and they are aware
. 50 as possible for stacking
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Mr. Sargent asked if condition #10 should be changed to read that the developer
shall be required to have access to the south and to the west of this site, for potential
future development of these areas.
Mr. Harker explained that this could be done, and noted that Mr. Walters has been
given the contact persons for the adjacent properties.
Mr. Sargent stated that perhaps condition #13 should include language to the effect
that the developer shall pay for all costs of changing the grade of Grand Highway and
for the relocation of all utilities.
Further discussion followed regarding the relocation of utilities.
A motion was made by Don Smith that the following amendments and additions be
Condition #19 be amended to "A site fighting plan shall be submitted and
approved that shall ensure all lighting is directed upon the site and does not
adversely impact abutting properties or traffic on SR 50 and Grand Highway.
A condition be added that the permittee/developer provide a turn lane on
Grand Highway to accommodate east bound traffic access to S.R. 50 and that
the turn lane be constructed at such a length so as to permit direct egress
from the driveway of the proposed project to the east bound turn lane.
A condition be added that the property right-of-way to the east of the subject
property on Grand Highway be graded to conform to the grading of the
proposed development to insure a good sight line for traffic entering SR 50.
The motion was seconded by Marilyn George, and approved by a unanimous vote.
Further discussion followed.
A motion was made by Don Smith that another condition be added stating this facility
shall be connected to the City sewer system at the developers expense, seconded by
Marilyn George and approved by a unanimous vote.
Further discussion followed.
A motion was made by Jim Hoskinson that another condition be added stating the
developer shall pay afl cost incurred in changing the grade of Grand Highway and the
relocating of the utilities presently within the right-of-way, seconded by Joseph
Janusiak, and approved by a unanimous vote.
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A motion was made by Marilyn George to recommend approval to the City Council as
presented by staff and as amended by this Commission, seconded by Joseph
Janusiak, and approved by a unanimous vote.
There being no further business the meeting was adjourned.
John argent, C irman
ATTEST:
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Mimi Shaw, Planning Technician
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