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03-03-1994 Meeting. - '~ • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING MAY 3, 1994 The meeting of the Planning & Zoning Commission was called to order Tuesday, May 3, 1994 at 7:00 P.M. by Chairman John Sargent. Members present were Joseph Janusiak, James Brown, Robert Smythe, Darryl Bishop, Joseph Wiebush and Marilyn George. Members Wendell McDannel and David Duncan were absent. Also attending were Lanny Harker Director of Planning and Mimi Shaw Planning Technician. MINUTES of the meeting held April 5, 1994 were approved as presented. i. REQUEST FOR REZONING APPLICANT: Marian Laplace and Lynda McMurphy LEGAL DESCRIPTION: A portion of lots 20 and 21, Block 1, Clerando Subdivision GENERAL LOCATION: Property lying at the northeast corner of Grand Highway and Clerando Drive. REQUEST: A request for rezoning from RR (Rural Residential District) to R-1 (Urban Residential District). Mr. Harker explained that in accordance with current City regulation all properties annexed into the City of Clermont automatically receive designation as Rural Residential District (RR) upon formal approval for annexation by City Council. The applicant and owner of this site are requesting rezoning to R-1, Urban Residential District for the property described above. Mr. Harker further stated that the subject property is situated on the east side of Grand Highway approximately 3,000 feet north of the intersection of S.R. 50 and Grand Highway. The applicant has expressed a desire to develop a single family home meeting the R-1 zoning district criteria (i.e. 7,500 square foot lots, etc.) The City adopted and state approved Comprehensive Plan indicates this area for expansion in a residential pattern as evidenced by the UD-10 Future Land Use Map category which recommends development of detached single family units. Therefore, rezoning to R-1, Urban Residential District, would be in conformance with approved directives for future City growth and development. Based upon consistency with existing, adjacent land use patterns and compliance with the City adopted and state approved Comprehensive Plan, Staff recommends approval of the rezoning from RR (Rural Residential District) to R-1 (Urban Residential District) subject to formal action of the City Council for the requested annexation. A motion was made by Marilyn George to recommend approval to the City Council as presented by staff, seconded by Robert Smythe and approved by a unanimous vote. • • CITY OF CLF,RMONT MINUTES PLANNING AND ZONING COMMISSION MEETING MAY 3, 1994 Page-2- 2. REQUEST FOR REZONING APPLICANT: Thompson/Homan Investment Group OWNER: Richard Bona LEGAL DESCRIPTION: Lot 10, Lakeview Heights Subdivision GENERAL LOCATION: Property lying approximately 200 feet north of the intersection of Grand Highway and Almond Street, on the west side of Grand Highway. REQUEST: A request for rezoning from R-2 (Medium Density Residential District} to R-3-A (Residential/Professional District). The applicant has asked that this request be postponed until the June 7,1994 meeting. A motion was made by Robert Smythe to postpone this request until the June 7th meeting, seconded by Joseph Wiebush, approved by a unanimous vote. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Dennis L. Horton LOCATION: 630 thru 642 West Highway 50 REQUEST: A request for a Conditional Use Permit to amend Resolution No. 591 to allow personal service uses, as well as professional uses in the C-1 Light Commercial District. Mr. Harker explained that the applicant is requesting to amend Resolution No. 591 which has previously granted a Conditional Use Permit for the premises known as Colony Square I. Mr. Harker further stated that historically, the property has gone through three (3} previous Conditional Use Permit requests which have traversed the spectrum of land uses from direct retail sales to professional offices. Resolution No. 577 (February 1988) permitted retail, personal service and professional office uses. Resolution No. 591 (June 1988) amended #577 to permit only professional offices. This application, if approved, would permit personal service uses as well as professional office which in the past have occurred on the site. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING MAY 3, 1994 Page - 3 - The applicants request is consistent with the required Zoning District classification (C-1), Future Land Use District directives (NED-3) and Future Land Use Map designation (commercial) for the proposed additional use. Therefore, based on historic uses conducted on the site and compliance with present requirements for such uses tc occur, Staff recommends approval of the addition of personal service uses with the following conditions: 1. The conditions as set forth in the Conditional Use Permit shall be in addition to conditions required by Resolution #591 and shall be legally binding upon any heirs, assigns and/or successors in title or interest. 2. If, at a future date, parking at this site proves inadequate, the applicant understand and agrees that the City may require additional parking or rescind this Conditional Use Permit. 3. This property shall be used for Professional Offices and Personal Service Uses only. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 4. 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 Horton of 11223 Elderberry Court, Clermont, Florida. Mr. Horton explained that he •Nas under the impression that personal services were permitted at this location as the Diet Center and Shear Magic hair salon are both present tenants of the center. Mr. Horton further stated that he had no desire to have retail sales establishments at the site. Mr. Robert Smythe noted that Colony Square II does have a problem with deliveries for the retail business that is located at that site. Mr. Horton noted that Colony I has more parking that does Colony II. A motion was made by Robert Smythe to recommend approval to the City Council as presented by staff, seconded by Marilyn George and approved by a unanimous vote. • CITY OF CLF.RMONT MINUTES PLANNING AND ZONING COMMISSION MEETING MAY 3, 1994 Page - 4 - 4. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Thompson/Homan Investment Group LOCATION: 1260 Grand Highway -Lot 7, Lakeview Heights Subdivision 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 noted that the applicant is requesting a Conditional Use Permit for a doctors office to be located on the above described property. Mr. Harker further stated that the subject site lies on the northwest corner of the intersection of Grand Highway and Almond Street. Surrounding land uses include residential to the north, south and west with commercial (Clermont Regional Shopping Center) to the east. Surrounding zoning is R-2 (Medium Density Residential) to the north and west, R-3-A (Residential/Professional District) to the south, and C-2 (Highway Commercial) to the east. Lots 5, 6 and 7 were rezoned 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: 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 doctors office on1v. 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. • • CITY OF CI.ERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING MAY 3, 1994 Page - 5 - 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 or certificate of exemption shall be required and filed with the City prior to receipt of a building permit or any development activity. 7. Ingress/egress to the site shall occur from Almond Street only. 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. Sidewalks shall be required along all road frontages (Grand Highway and Almond Street) in accordance with adopted City Codes. 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. Relocation of the existing fence adjacent to lot 8 shall be required and the five (5) foot landscape buffer shall be placed on the outside (north side) of the relocated fence. 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. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING MAY 3, 1994 Page-6- 12. Ingress/egress to the site for construction shall be from Almond Street only. No ingress or egress of machinery or trucks shall be allowed on Grand Highway. 13. At the time signalizatiori 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. 14. 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. 15. 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. 16. The permit shall expire if construction has not begun within one year from the date of grant of this Conditional Use Permit. 17. 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 Jack Sargent stated that perhaps condition #2 should be changed to read "the property may be used as a medical doctors office only". 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 Greg Homan of 20570 Sugarloaf Mountain Road, Clermont, Florida. Mr. Homan stated that he did not object to rewording condition #2 to read "medical office only". In reference to condition #8, if they do not dedicate the 10 foot of right-of- way they will not be granted the CUP. Mr. Harker explained that this requirement was consistent with the Comprehensive Plan. Mr. Homan stated in reference to condition #9, that there are two large oak trees that would have to be removed if sidewalks are installed. Mr. Homan noted that the new City park has sidewalks that were curved in an effort to save trees and to prevent moving utility poles. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING MAY 3, 1994 Page - 7 - Further discussion followed regarding the placement of sidewalks. In reference to condition #10, Mr. Homan stated that the owner to the north of this site does not like the existing fence and has asked if the fence could be removed. In regard to condition #15, Mr. Homan stated that he had not seen this condition in a CUP before. Ms. Marilyn George explained that this was a standard condition. If a parking problem does arise it will usually solve itself as the tenant will relocate if the business warrants more parking than is available at the present site. A motion was made by Marilyn George to recommend approval to the City Council as presented by staff with condition #9 being changed to state that if at all possible, the sidewalks will be installed in such a way as to save the large oak trees and with the last sentence of condition #10 being deleted. Seconded by James Brown and approved by a unanimous vote. 5. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Stanley C. Diment OWNER: Thompson/Homan Investment Group LEGAL DESCRIPTION: Lot 45, Edgewood Lake Subdivision GENERAL LOCATION: Property located on the west side of U.S. Highway 27, approximately 200' north of the intersection of Grand Highway and U.S. Highway 27. REQUEST: A request for a Conditional Use Permit to allow the construction of a professional office in the R-3-A Residential/Professional District. Mr. Harker explained that the applicant is requesting a Conditional Use Permit for construction of a veterinary clinic at the above specified location. The subject site is situated approximately 200 feet north of the intersection of Grand Highway and U.S. 27. It is one of the commercial lots approved for such use as granted by the City Council under Resolution No. 776 for the Edgewood Lake Planned Unit Development. • • CITY OF CLERMON7' MINUTES PLANNING AND ZONING COMMISSION MEETING MAY 3, 1994 Page-8- The Edgewood Lake project in its entirety is consistent with required Zoning District Classifications, Future Land Use District directives and Future Land Use Map designations of the City. Therefore, based upon demonstrated consistency and compliance with future growth scenarios for the City, Staff recommends approval of the Conditional Use Permit 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 may be used as a veterinary clinic only. No change of the use or additions to the use or facility 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 or certificate of exemption shall be required and filed with the City prior to receipt of a building permit or any development activity. 7. Ingress/egress to the site shall occur from the frontage road only. Ingress/egress for construction shall also occur from the frontage road. No machinery or trucks shall utilize U.S. 27 or Grand Highway for direct access to the site. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING MAY 3, 1994 Page-9- 8. Sidewalks shall be installed along all road frontages (U.S. 27 and frontage Road} in accordance with adopted FDOT and City Codes. 9. 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. Both buffering and interior lot landscape requirements shall be adhered to in conformance with adopted City Code. 10. 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 including starting of machinery engines, truck tailgate battering and beating or other actions which cause untenable noise shall not commence until 7:00 A.M. 11. Operation of the veterinary clinic shall occur within a completely enclosed structure. Outside construction and utilization of cages, runs and the like shall be prohibited. 12. 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. 13. 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. 14. The permit shall expire if construction has not begun within one year from the date of grant of this Conditional Use Permit. 15. 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. Robert Thompson of 1927 Brantley Circle, Clermont, Florida. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING MAY 3, 1994 Page - 10 - Mr. Thompson asked, in reference to condition #8, that the requirement for a sidewalk along U.S. Highway 27 be deleted as there is not presently any sidewalks to the north or south of the subject site. Mr. Thompson recommended that perhaps it should be added that a sidewalk shall be installed along U.S. Highway 27 at such a time as the City deems it necessary. Mr. Harker noted that the approved site plan for the Edgewood Lake subdivision did indicate sidewalks along U.S. Highway 27. Further discussion followed regarding the installation of a sidewalk along U.S. Highway 27. A motion was made by Marilyn George to recommend approval to the City Council as presented by staff with condition #8 being revised to allow the construction of a sidewalk along U.S. Highway 27 at such time that development occurs on any of the other commercial parcels within the Edgewood Lake subdivision, seconded by James Brown and approved by a unanimous vote. Discussion followed regarding the rezoning of the properties lying within the Lakeview Heights Subdivision that are presently zoned R-2. After further discussion a motion was made by Robert Smythe to recommend to the City Council that all of the Lakeview Heights Subdivision be rezoned to R-3-A Residential/Professional District, seconded by Joseph Janusiak and approved by a unanimous vote. 6. DISCUSSION OF REQUIRED SETBACKS FOR ABOVE GROUND SWIMMING POOLS. A discussion was held regarding the required setbacks for above ground pools. The City of Clermonts Code presently requires the following: Zoning District Required rear yard Setback for an Above Ground Pool Required rear yard Setback for an In-ground Pool R-1-A 25' 9' All other districts 25' 7.5' . • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING MAY 3, 1994 Page - 11 - Required rear yard Required rear yard Setback for an Setback for an C~ Above Ground Pool In-ground Pool Leesburg 5' S' Eustis 5' S' Mt. Dora 20'* 20'* Tavares 5' S' *Note: This is the closest distance allowed, some zoning districts require 25'. Leesburg, Eustis and Tavares -enclosure must meet required setback. Eustis - if not enclosed, decking may go to property line. There being no further business the meeting was adjourned. Ms. Marilyn George noted that as she recalled an above ground pool was considered a structure the same as any building due to the obstruction of sight. However, the required setback for a dwelling is also twenty-five feet, therefore most lots would not be large enough for an above ground pool. Chairman Sargent noted that a variance was requested recently, however it was denied by City Council as it was determined that the pool could meet all required setbacks if it were placed in the side yard. Chairman Sargent stated that he does not see the need for the ordinance to be changed. After further discussion a motion was made by Joseph Janusiak that the required setback for above ground pools remain as they presently are, seconded by Marilyn George and approved by a unanimous vote. ATTEST: Mi i Shaw, Planning Technician ~~ ohn N. rgent, Chairm v