06-01-1993 Meeting• •
MINUTES
PLANNING & ZONING COMMISSION
June 1, 1993
The meeting of the Planning R Zoning Commission was called to order Tuesday, June
1, 1993 at 7:00 P.M. by Chairman John Sargent. Members present were Wendell
McDannel, Joseph Janusiak, Joseph Wiebush, Jim Hoskinson, Marilyn George and Don
Smith. Members James Brown and Bonnie Kranz were absent. Also attending were
Lanny Harker Director of Planning and Mimi Shaw Planning Technician.
MINUTES of the meeting held May 4, 1993 were approved as presented.
NEW BUSINESS:
1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Donald L. Markey
LOCATION: 1013 East Avenue
REQUEST: A Conditional Use Permit to allow the operation of a Professional Office
in the R-3-A Residential/Professional Office District.
ACREAGE: .43 +/-
Mr. Harker informed the Commission that the applicant is requesting a Conditional
Use Permit to convert approximately 425 square feet of a 1890 square foot structure,
presently utilized as a duplex, to a professional office. The subject site is located on
the northeast corner of Highland Avenue and East Avenue. The surrounding land use
is residential to the north and east, commercial to the west, S.R. 50 and Sunnyside
Subdivision to the south.
The subject property is situated in the ERD-8 Future Land Use District which allows
professional office uses. The CUP request is also consistent with directives of the
Future Land Use Map and Zoning District designation which permit professional office
uses.
Mr. Harker further explained that parking requirements for a professional office is one
space for each 200 square feet of office use thereby warranting three (3) parking
spaces. Parking requirements for a residence requires two (2) spaces per unit;
therefore, adequate parking for the proposed uses are present on the site.
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Based upon this data and criteria City Staff recommends approval of the CUP 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.
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 Site Review Committee prior
to authorization and issuance of a development permit.
3. 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 low
volume permanent irrigation system including City approved and State
mandated back-flow prevention device and rain sensor gauge. All landscaped
areas must be properly maintained. The drainage and stormwater retention
requirements of the Ciry and the appropriate regulatory agencies shall be met
and approved by the Ciry Engineer. These areas shall be properly maintained.
4. The site shall be provided with a masonry dumpster enclosure with wooden
gates which shall be indicated on the approved site plan.
5. The permittee shall provide a sidewalk constructed in accordance with City
standards along Highland Avenue, the length of the subject property.
6. The permittee shall provide a five foot wide landscape buffer, in accordance
with Ciry standards along the north and east property lines adjacent to the
existing residential uses as well as between the professional office parking area
and right-of--way as required by City Code.
7. No further expansion of the use or additions to the facility shall be permitted
except as approved by another Conditional Use Permit.
8. This permit shall become null and void if substantial construction work has not
begun within one (1) year of the date of issuance of this Conditional Use
Permit. "Substantial construction work" means the commencement and
continuous prosecution of construction of required improvements ultimately
finalized at completion.
9. The final Certificate of Occupancy or Occupational License cannot be issued
until each of the stated conditions has been met.
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10. 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. Don Markey of 4965 Courtland Loop, Winter Springs, Florida
Mr. Markey gave a brief synopsis of the proposed use.
A motion was made by Jim Hoskinson to recommend approval to the City Council as
presented by staff, seconded by Joseph Janusiak and approved by a unanimous vote.
2. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Russell Lambert and Marino Thomas
LOCATION: Southwest corner of East Avenue and Broome Street
REQUEST: A request for a Conditional Use Permit to construct a professional
office/retail building exceeding 3,000 square feet in the C-1 Light
Commercial District.
ACREAGE: .65 +/- acres
Mr. Harker noted that the applicant is requesting a Conditional Use Permit to
construct a combination retail commercial and professional office building in the C-1
Zoning District. The site is located on the southwest corner of the intersection of East
Avenue and Broome Street. The Future Land Use District designation is NED-3 v~rhich
allows retail sales and business and professional offices. The proposed request is also
consistent with directives of the Future Land Use Map and Zoning District designation
which permit commercial oriented uses.
The surrounding land uses include retail commercial to the south, quasi-commercial
(Aerianna's Day Care Center} to the west, institutional (Bishop Field) to the north,
and residential/professional office to the east.
Therefore, staff recommends approval of the CUP with the following conditions:
1. The conditions as set forth in this Conditional Use Permit shall be legally
binding upon any heirs, assigns andlor successors in title or interest.
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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 Site Review Committee prior
to authorization and issuance of a development permit.
3. Ali 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 low
volume permanent irrigation system including Ciry approved and State
mandated back-flow prevention device and rain sensor gauge. All landscape
areas must be properly maintained. The drainage and storrnwater 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. The site shall be provided with a masonry dumpster enclosure with wooden
gates which shall be indicated on the approved site plan.
5. The permittee shall provide a sidewalk constructed in accordance with Ciry
standards along both Broome Street and East Avenue the length of the subject
property.
6. The permittee(s) shall establish a five (5) foot wide vegetative buffer along both
the north and east property lines of the subject site so as to form a solid six (6)
foot opaque hedge within two (2) years of planting. Shrubbery shall be a fast
growing species, as approved by the Ciry Site Review Committee, which shall be
installed on twenty-four (24) inch centers and be a minimum of thirty (.30)
inches in height at time of planting. Trees (Laurel Oaks) shall be provided in
accordance with City quality, height and caliper standards and be spaced at
thirty-five (35) feet intervals within each of the vegetative buffers.
7. The permittee(s) shall establish a three (3) foot wide buffer along the south
property line and five (5) foot wide buffer along the west property line of the
site. Each of the buffers shall be planted with trees as specified in condition six
(6) above; hedges shall not be required.
8. All lighting for the proposed facility shall be designed and located such that
light andJor glare shall be directed upon the subject property only.
9. No further expansion of the use or additions to the facility shall be permitted
except as approved by another Conditional Use Permit.
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10. This permit shall become null and void if substantial construction work has not
begun within one (1) year of the date of issuance of this Conditional Use
Permit. "Substantial construction work" means the commencement and
continuous prosecution of construction of required improvements ultimately
finalized at completion.
11. The final Certificate of Occupancy shall not be issued until each of the stated
conditions has been met.
-~ 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 wha wished to speak in regard to this
case be sworn in.
Persons sworn in were:
Mr. Marino Thomas, 993 West Lakeshore Drive, Clermont, Florida
Mr. Mike Stout, 929 East Avenue, Clermont, Florida
Mr. Thomas, applicant, stated that they are prepared to comply with the conditions
recommended by Staff and gave a brief history of the site.
Mr. Mike Stout, neighboring property owner, stated that he felt the proposed use
would be to intense for such a small parcel of land and that the Ciry presently has
enough dead strip malls. Mr. Stout continued by noting several concerns he had with
the preliminary site plan.
Mr. Smith noted that the site plan show a four (4} foot wide sidewalk rather than the
standard five (5) foot.
Mr. Harker stated the sidewalks would have to conform to City Code, being five (5)
foot wide.
Mr. Hoskinson noted that he does not have confidence in the requirement of hedge
buffers as they seem to deteriorate from lack of maintenance over time.
Further discussion followed regarding the maintenance of landscape buffers.
A motion was made by Marilyn George to recommend approval to the City Council as
presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote.
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There being no further business the meeting was adjourned.
ATTEST:
' Shaw, Pla g Technician
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%~ John N. ar ent, Chair an
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