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04-05-1994 Request--- : ~ • CITY OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION MEETING APRIL 5, 1994 The meeting of the Planning & Zoning Commission was called to order Tuesday, April 5, 1994 at 7:00 P.M. by Chairman John Sargent. Members present were Joseph Janusiak, James Brown, Robert Smythe, David Duncan, Darryl Bishop and Marilyn George. Members Wendell McDannel and Joseph Wiebush were absent. Also attending were Lanny Harker Director of Planning and Mimi Shaw Planning Technician. MINUTES of the meeting held March 1, 1994 were approved as presented. 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Robert T. Kennedy, Jr. OWNER: Qadir B. Khan LOCATION: 850 East Montrose Street REQUEST: A request for a Conditional Use Permit to allow the operation of a dry cleaners/laundry in the C-2 Commercial District. Mr. Harker explained that the applicant is requesting a CUP to establish a dry cleaning/laundry facility at the above specified location. Historically, the site has been utilized for a furniture manufacturing and showroom facility and most recently as the site of a martial arts training facility. The site is denoted as C-2 highway commercial, has an EBD-2 (Established Business District) Future Land Use District designation and is indicated as commercial use on the Future Land Use Map. Mr. Harker stated that based on historical industrially oriented utilization of the site and demonstrated consistency with future directives for the area, Staff recommends approval of 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. 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 . Cl7Y OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING APRIL 5, 1994 Page - 2 - 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. The site shall be provided with a masonry dumpster enclosure with wooden gates which shall be indicated on the approved site plan. 5. At such time as the City constructs sidewalks along Montrose Street, adjacent to the subject site, the permittee shall provide a sidewalk constructed in accordance with City standards along both Montrose Street and U.S. Highway 27 the length of the subject property. 6. All lighting for the proposed facility shall be designed and located such that light and/or glare shall be directed upon the subject property only. 7. The structure is to be inspected by the Fire Marshall for life safety requirements, all requirements must be met prior to any certificate of occupancy being issued. S. The structure is to be inspected by the County Building Inspector and all building code violations must be corrected prior to a certificate of occupancy being issued. 9. The property shall be utilized as a dry cleaning/laundry facility (excluding coin operated laundry) only. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 10. Prior to receipt of a certificate of occupancy for the proposed business, the permittee/owner shall provide to the City an estimated value (gallons/day) for potable water use of the proposed facility in order to establish a base utility impact on the City system and base initial impact fee amount to defray actual impact costs. Monitoring shall be provided annually for a three (3) year period to factually establish actual impact and adjustment of impact fee cost that must be remitted by the applicant, as applicable. 11. This permit shall become null and void if the business has not began operation within one (1) year of the date of issuance of this Conditional Use Permit. 12. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. • CITY OF C,LERMON7' • MINUTES PLANNING AND ZONING COMMISSION MEETING APRIL S, 1994 •• Page - 3 - 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. Harker explained, in reference to condition #10, that no established fee has been set for this type of industrial use, therefore a study must be conducted to established the proper water and wastewater use this type of facility would generate. At this time Mr. Sargent asked all those present who wished to speak in regard to this case be sworn in. No one present wished to speak in regard to this matter. A motion was made by Robert Smythe to recommend approval to the City Council as presented by staff, seconded by Marilyn George, approved by a unanimous vote. 2. REQUEST FOR REZONING APPLICANT: Thompson/Homan Investment Group OWNERS: Bert and Patricia Ringer (lot 5), Harry and Barbara Camp (lot 6), Edna Creekmore (lot 7), James Berger (lot 9). LEGAL DESCRIPTION: Lots 5, 6, 7 and 9, Lakeview Heights Subdivision GENERAL LOCATION: Property lying north and south of the intersection of Grand Highway and Almond Street, on the west side of Grand Highway and north of SR 50. REQUEST: A request for rezoning from R-2 (Medium Density Residential District) to R-3-A (ResidentialiProfessional District). Mr. Harker informed the Commission that the applicant is requesting rezoning from R-2 to R-3-A to facilitate potential expansion of professional office uses in this area of the City. The request made by the applicant is the minimum classification necessary to enable potential development of professional office uses which may not occur in R-2 zoning districts of the City. Mr. Harker reminded the Commission that the applicant recently rezoned lots 1, 2, 3 and 4, to R-3-A to facilitate the construction of a proposed bank and office building. Apparently the owner of lot 8 does not want his property to be rezoned at this time. Therefore, the applicants request is for lots 5, 6, 7 and 9 at this time. CITY OF CI.F.RMON7' . MINUTES PLANNING AND ZONING COMMISSION MEETING APRIL 5, 1994 Page-4- Surrounding zoning of the area is R-2 to the north, R-3-A to the south, R-2 and C-2 to the west, ~C-2 to the east. The requested R-3-A zoning classification is consistent with the Future Land Use District designation (UD-5) which would permit residential/ professional office uses and is compatible with Future Land Use Map directives which indicate residential/professional office use development to the north, south, and west, and commercial uses to the east. The surrounding land uses include single family residential, retail, professional office and commercial to the south, single family residential to the north and west, and commercial to the east. It should also be noted this is a demonstrated transitional area of the City which lies adjacent to the designated Commercial Node at SR 50 and Grand Highway. Therefore, based upon the above information, criteria and demonstrated compliance with Future Land Use directives for the area, Staff recommends approval of this request for rezoning from R-2 to R-3-A. 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. Greg Homan of 20570 Sugar Loaf Mountain Road, Clermont, Florida. Mr. Homan, applicant, explained that they have been in contact with several of the property owners in this area and have asked the owners if they would be interested in selling their houses. The short range plan is to obtain CUP's to allow professional offices in the existing houses. The long range plan is to move the houses and construct professional offices, as is proposed on lots 1, 2, 3 and 4. One lot alone is not large enough to develop and therefore we are attempting to accumulate several contiguous lots: Mr. Homan further stated that Mr. Richey, owner of lot 8, does not wish to sell or rezone his property at this time. Chairman Sargent noted that if the Commission does desire to recommend approval of this rezoning it would have to exclude lot 9, as this would constitute spot zoning. Mr. Homan stated that he felt it would not be spot zoning as there is commercial zoning directly across the street. Further discussion followed regarding the connotation of "spot zoning". crr~- of cr.~rorrr MINUTES PLANNING AND ZONING COMMISSION MEETING APRIL 5, 1994 Page - 5 - A motion was made by Robert Smythe to recommend approval to the City Council as presented by staff, subject to the determination of the City Attorney that the rezoning of lot 9 would not constitute spot zoning. Seconded by Marilyn George, approved by a unanimous vote. 3. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: John B. Garzia, Jr. for Sohn J. Hurtak, Trustee LOCATION: East Highway 50 -South Lake Plaza REQUEST: A request for a Conditional Use Permit to amend Resolution No. 571 to allow the expansion (approximately 1,800 square feet) of an existing business, located in the C-2 General Commercial Business District. Mr. Harker explained that the applicant is requesting an amendment to the existing CUP for the shopping center to allow construction of approximately 1800 square feet of floor area to the present Hallmark Store. The proposed expansion would be placed on the Highland Avenue side (north side) of the existing business, as indicated on the site plan submitted with the application. The proposed request is in conformance with designations of the adopted Future Land Use Map, Future Land Use District designation (EBD-2) and Zoning District classification (C-2) for the proposed use. Based upon the City Attorneys letter with regard to a potential floor area ratio issue (enclosed with other case materials) a recent Attorney Generals opinion indicates the expansion of the existing shopping center site will not provide a procedural rule or statutory law violation. However, historically the shopping center as a complete entity has experienced problems in provision of adequate parking, especially during peak tourist season. Staff research indicates 141,434 square feet of gross leasable floor area in the center (see attached data sheet), inclusive of Kentucky Fried Chicken and the Nations Bank. Based upon the current parking standard of four (4) spaces per one thousand (1,000) square feet of floor area for retail business, Sb6 parking spaces are required. The 1800 square feet proposed for the Hallmark store requires 8 additional spaces to be provided for a sum total of 574 required spaces. Subsequent f~.eld inspection indicates provision of 518 existing spaces, which calculates to a deficiency of 56 parking spaces. • Cl7Y OF CLERMONI' • MINUTES PLANNING AND ZONING COMMISSION MEETING APRIL 5, 1994 Page - 6 - Mr. Harker stated that, based on information provided above and potential for setting adverse precedent in provision of adequate parking, Staff has no recourse but to recommend denial of the proposed use. However, if Staffs recommendation is rejected and approval of the CUP is proposed, Staff advocates the following conditions be applied: 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 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. The permitteeldeveloper shall submit a complete site parking plan which will graphically display existing parking locations and indicate provision of eight (8) additional spaces needed for the proposed Hallmark store expansion. 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. . CITY OF CLERMON7' • MINUTES PLANNING AND ZONING COMMISSION MEETING APRIL 5, 1994 Page-7- 7. Within 36 months from the date of grant the permittee/developer shall provide landscaping along the parking and loading areas adjacent to Highland Avenue. Buffering and screening shall be provided 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. Trees shall be spaced at no less than fifty (50) feet intervals along all exterior parking areas, drives and public roadways. S. Within 36 months from the date of grant the permittee/developer shall install a sidewalk in accordance with City standards along Highland Avenue. The required sidewalk shall extend the length of the subject property. 9. Within 36 months from the date of grant 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. 10. Within 36 months from the date of grant the permittee shall provide an internal traffic connection link with the adjacent property, west of the subject site. Connection shall be at the northwest corner of the existing parking area and aligned with the driveway running in front of the existing center. 11. Architectural finish and design plans for the commercial building expansion shall be submitted to and approved by the City Site Review Committee to ensure aesthetic and public safety considerations are not adversely impacted. 12. No further expansion of this use or additions to the shopping center shall be permitted except as approved by another Conditional Use Permit. 13. This permit shall become null and void if substantial construction work on the Hallmark 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 ~rosecutian of construction of required improvements ultimately finalized at completion. 14. 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. C17Y OF CLERMOIV7' • MINUTES PLANNING AND ZONING COMMISSION MEETING APRIL 5, 1994 Page - 8 - Mr. Harker noted, in reference to items 7, 8, 9 and 10, that it is staffs understanding that there are presently plans underway to renovate the center. The 36 month time frame is to allow time for certain changes to be made, without putting all the burden on one single tenant. Member Robert Smythe and adjoining property owner, abstained from the Commission vote to speak as an abutting property owner. 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. John Garzia, applicant, of 676 E. Highway 50, Clermont, Florida and Mr. Robert Smythe of 1119 Bloxam Avenue, Clermont, Florida. Mr. Garzia, noted that on September 17, 1993, the City Council approved the proposed free standing building on an outparcel in the shopping center. Mr. Hurtak, owner of the center, was not willing to commit to making all the improvements mandated by the CUP due to the uncertainty of the shopping center at that time. They have now concluded that the Hallmark store could stay where it is and by just expanding the existing location, which would be much better from a parking standpoint than would the free standing building. Mr. Garzia further stated that Winn Dixie would be moving into where Kmart is presently. The parking lot would be completely redone and new lighting would be installed. The reconfiguration of the parking area would bring the number of spaces up to present code. Mr. Garzia asked, in reference to condition #5, that he be given one (1) year to comply with the provision requiring eight (8) additional parking spaces due to the fact that the entire parking area will be reconfigured in the near future to comply with the new tenants requirements. In reference to condition #4, regarding water retention, as with the previous request, St. Johns would issue a letter of exemption as no additional impervious surface would be created. In reference to condition #6, Mr. Garzia noted that there would not be any aria for his portion of the center to landscape. Mr. Harker noted that this CUP addresses the entire center. Mr. Garzia, stated in reference to condition #7, when the CUP was approved in September all that was required at that time was a buffer hedge along Highland Avenue. In reference to condition #8 which requires a sidewalk along Highland Avenue, this • CITY OF CI,ERMONT • MINUTES PLANNING AND ZONING COMMISSION MEETING APRIL 5, 1994 Page-9- condition was deleted from the previous CUP by City Council. This would `be only a segment of sidewalk that would lead nowhere and there is also numerous obstructions that would make it almost impossible to install a straight sidewalk. We therefore request that this requirement be deleted again. In reference to the dumpster requirement, the garbage is presently picked up by the City and we have no intention of installing a dumpster at this time. Chairman Sargent again noted that this CUP was addressing the entire center. Further discussion followed regarding the necessity for dumpsters. Mr. Garzia further stated that the City will have an opportunity in the near future, when the center is refurbished, to impose all these requirements. Further noting that he does not want Mr. Hurtak to feel as though all of these new requirements are being imposed strictly due to the small scale project that he has planned. Mr. Garzia stated, in reference to condition #10 which requires the installation of a driveway connection between the center and the adjoining property, that Mr. Hurtak can not be responsible for this as he does not own the adjoining property. Mr. Hurtak is willing to provide the access, however all he can do at this time is open up the parking lot. Further discussion followed regarding the traffic connection link with the adjoining property. Mr. Robert Smythe, surrounding property owner, expressed his concern that several of the conditions of the original CUP for the center have not been maintained. Mr. Smythe stated that he felt the owner should be required to conform to the conditions of the original CUP prior to amending that CUP (i.e. landscaping, fencing, water retention areas, etc.) After much further discussion, a motion was made by Marilyn George to recommend approval to the City Council as presented by staff, with conditions 5 and 6 being amended as follows: 5. The permittee/developer shall within 36 months, submit a complete site parking plan which will graphically display existing parking locations and indicate provision of eight (8) additional spaces needed for the proposed Hallmark store expansion. ' ~ CI7Y OF CI.ERM01V7' MINUTES PLANNING AND ZONING COMMISSION MEETING APRIL 5, 1994 Page - 10 - 6. The permittee/developer shall within 36 months 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. Ms. George further stated that the City Council should give consideration to changing conditions 4, 7, 8, 9, and 10 and that the conditions of the original CUP should be enforced. Seconded by Joseph Janusiak and approved by a unanimous vote with Member Robert Smythe abstaining from the vote. There being no further business the meeting was adjourned. -' ~ John N. argent, airman ~~ ATTEST: C i Shaw, Planning Technician