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06-07-1994 Meeting~...-''' • i -- ~'`' CITY OF CI.EIZtNO1V7" MINUTES PLANNING AND ZONING COMMISSION MEETING JUNE 7, 1994 The meeting of the Planning & Zoning Commission was called to order Tuesday, June 7, 1994 at 7:00 P.M. by Chairman John Sargent. Members present were Joseph Janusiak, James Brown, Robert Smythe, Darryl Bishop, David Duncan, Joseph Wiebush 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 May 3, 1994 were approved as presented. 1. 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. Mr. Harker noted that this request is actually a re-application for a previously approved CUP. Re-application is necessary due to the applicant's failure to formally sign and return necessary documentation for securement of the CUP. A minor modification changing the number of units from 6 to 7 has also been requested with this Submittal. Mr. Harker further stated that the applicant is again 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 which 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 aoproval 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. • • CC7~' OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING JUNE 7, 1994 Page-2- 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 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 provi.led 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 both Broome Street and East Avenue 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. 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 shall not be issued until each of the stated conditions has been met. 10. If any of the stated conditions are violated, the applicant understands and agrees that the City Council rr,ay 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: Marino Thomas of 993 West Lakeshore Drive, Clermont, Florida Lucille Tanney of 951 East Avenue, Clermont, Florida Barbara Tanney of 951 East Avenue, Clermont, Florida • • Cl7Y OF CLElZMONT MINUTES PLANNING AND ZONING COMMISSION MEETING JUNE 7, 1994 Page - 3 - Mr. Thomas, applicant, reiterated that this is a re-application of a project that was approved by City Council last year, however they did fail to sign and return the CUP as required. Ms. Lucille Tanney stated her concern with the aesthetic features of the proposed project (i.e. would there be dumpsters that could be seen). Mr. Harker informed Ms. Tanney that there are site plans in the office which designate the location of the dumpster to be in the southwest corner of the site, which will be fairly well hidden by shrubbery and the building. Ms. Lucille Tanney further noted her concerns regarding landscaping, the depth of the water retention area, as there are many children in this neighborhood, and the effect on property values in the area. Mr. Thomas noted the WRA would not be very deep. As far as the property values, Chairman Sargent noted that this is an unknown factor, as there is no way to tell how this will be effected. Ms. Barbara Tanney asked if the retention pond would have a fence surrounding it to prevent small children and animals from getting into it. Mr. Harker noted that there is not a requirement for a fence unless the WRA is deeper than four feet. These areas are designed to perk out so that very little or no water will be standing in these ponds. Ms. Barbara Tanney asked how this would effect the traffic situation in the area. Mr. Harker noted that an estimation could be made from the ITE manual. East Avenue is presently a fairly heavily traveled road and his personal estimation is that there will be very little difference in the traffic as it presently is. A motion was made by Marilyn George 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: Brenda Norquist GENERAL LOCATION: Parcel generally located at the southwesterly intersection of West Avenue and closed Osceola Street. • • Cl7Y OF CLERMOIV7' MINUTES PLANNING AND ZONING COMMISSION MEETING JUNE 7, 1994 Page-4- REQUEST: To amend Resolution No. 716 to add additional property to the legal description, to allow the operation of a restaurant prep kitchen within the structure located on the added property and to allow a temporary residential use for a period of eighteen (18) months to be located in the C.-1 Light Commercial District. Mr. Harker noted that the existing train depot is to be utilized as a take-out restaurant with open air seating being provided for consumption of food on-site. However, prior to operation as a restaurant the applicant wishes to utilize a portion of the depot as a temporary residence for a period not to exceed eighteen (18) months. It should be noted the applicant will find other off-site lodging before final utilization as a restaurant facility is actually initiated. Mr. Harker further noted that the original CUP (Resolution No. 671) was issued to allow the existing structure, which was formally the railroad depot, to be utilized as a restaurant. Resolution No. 716 amended Resolution No. 671 to include the placement of a train caboose on the original site which is to be utilized as a business office. Therefore, based upon previously approved Conditional Use Permits granted for the site and the proposed use, Staff recommends approval of the amendment with the following additional conditions: 1. Approval of the proposed use shall be conditioned upon compliance with all previous conditions specified in Resolutions 671 and 716, respectively. 2. 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. 3. The condition #7 as specified in CUP No. 671 shall be modified to include that "wooden gates" shall be utilized with the required masonry dumpster enclosure. 4. The permittee shall be allowed temporary residential utilization of the former railroad depot for a period of eighteen (18) months from the formal date of grant by the City Council. All applicable regulations of Lake County and SBCCI building standards shall be adhered to in accommodation of the temporary residential use. No commercial utilization of the site shall be permitted until such time as the temporary residential use vacates the subject site. At this time Mr. Sargent asked all those present who wished to speak in regard to this case be sworn in. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING JUNE 7, 1994 Page - 5 - Persons sworn in were Ken Norquist of 53 Sunnyside Drive, Clermont, Florida. Mr. Norquist stated that as Nir. Harker explained the proposed project is basically the same except that some property has been added. The residence will be temporary. A motion was made by Dariy~ Bishop to recommend approval to the City Council as presented by staff, seconded by Bob Smythe and approved by a unanimous vote. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Jess A. Olenski LOCATION: 1029 West Juniata Street REQUEST: A request for a Conditional Use Permit to allow the operation of a custom cabinet shop for buses and recreational vehicles in the M-1 Industrial District. Mr. Harker explained that the applicant is requesting a CUP to establish a custom bus and recreational vehicle stereo and television cabinet shop facility at the above specified location. Historically, the site has been utilized for a garage and a paint and body shop. The site is denoted as M-1 ln.-lustrial District, has an EBD-2 (Established Business District) Future Land Use District designation and is indicated as industrial use on the Future Land Use Map. Therefore, based on historical industrially oriented utilization of the site and demonstrated consistency with future planning and development 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 an..l 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 landscape areas must be • r CITY OF CI~RMONT MINUTES PLANNING AND ZONING COMMISSION MEETING JUNE 7, 1994 Page-6- 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 10th or Juniata Street, adjacent to the subject site, the permittee shall provide a sidewalk constructed in accordance with City standards along both 10th Street and Juniata Street 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 b~ met prior to any certificate of occupancy being issued. 8. 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 custom bus and recreational vehicle stereo and television cabinet shop only. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 10. Overnight storage of buses and recreational vehicles, except for family owned vehicles, shall not be permitted. Physical installation of stereo and television custom cabinets shall predominately occur off-site. 11. This permit shall become null and void if the business has not began operation within one (1) year from the formal date of grant by the City Council for this Conditional Use Permit. 12. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 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. At this time Mr. Sargent asked all those present who wished to speak in regard to this case be sworn in. ~ ~ CITY OF CLERMON7' MINUTES PLANNING AND ZONING COMMISSION MEETING JUNE 7, 1994 Page - 7 - Persons sworn in were: Jess Olenski of 22 Oak Lane, Clermont, Florida Suzanne Watson of 965 West Juniata Street,. Clermont, Florida Katherine Washuta of 966 West Juniata Street, Clermont, Florida Susan Washuta of 830 West Avenue, Clermont, Florida Ginger Narehood of 999 West Juniata Street, Clermont, Florida George Narehood of 999 W:,st Juniata Street, Clermont, Florida Mr. Olenski noted that certain situations do arise when the only time a customer can leave a vehicle to be serviced ~s over the weekend. In these cases the vehicle would be brought to him on Friday afternoon, the vehicle would be worked on Saturday and would be picked up Monday morning. So it is possible that a bus would be there over night. Mr. George Narehood noted that even though this property is zoned industrial it does abut residential areas. There is already a tremendous amount of noise that is generated by Exceltech. Mr. Narehood further stated that he had concerns in regard to the fumes that could be generated from the buses and the safety of the neighborhood children. Mr. Narehood stated he felt the exit on Tenth Street should be closed as this site does have a Juniata Street address. Ms. Ginger Narehood stated that she opposed the project altogether. The proposed project would increase the noise level and the traffic level. Ms. Narehood further stated that this would lower the pr~~uerty values in the area. Ms. Katherine Washuta stated that she to was concerned about the children and the buses. Ms. Washuta asked whit was the definition of occasionally a bus? Ms. Suzanne Washuta stated that she did not like the aesthetics of the project, the applicant has stated that there would be overnight buses, she feels this will lower the property values and that the diesel fumes will be obnoxious. Ms. Suzanne Watson noted that her main concerns were for the neighborhood children's safety, the noise and the lowering of property values. Perhaps closing the entrance on Tenth Street would help the situation. At this time Chairman Sargent closed the public hearing portion of this case. Marilyn George asked the applicant how many buses per day or week would be brought on site. • • C17'i' OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING JUNE 7, 1994 Page-8- Mr. Olenski stated that 98 to 99 percent of his business is done off-site. The main purpose for this building would be for the cabinet shop. Noting that the majority of his business is ABC Bus. Perhaps one vehicle per week. Member Marilyn George asked if there would be any volatile liquids used. Mr. Olenski stated that the only materials he used were glue and staple guns. No varnishes are used as the cabinets are covered with fabric at an upholstery shop in Minneola. Member Darryl Bishop asked the applicant if he were going to request condition #10 be changed in regard to the overnight parking. Mr, Olenski noted that he would request this be deleted. Member Robert Smythe stated that he felt this should be removed as only so many buses could be parked on this parcel at any given time. The term "occasional" is very vague and up to interpretation. Member James Brown asked the applicant if there would ever be the need to run the buses for any extended period of time, which would cause noise and fumes. Mr. Olenski noted that this would not be necessary, the only time the buses would be running would be ten to fifteen minutes until the air pressure is built up enough for the vehicle to move. Member Robert Smythe asked the applicant how he felt regarding closing the entrance on Tenth Street. Mr. Olenski stated that this would probably be the easiest point of access for the buses, as Juniata is a narrower street and the buses would have to drive even further into the residential areas. A motion was made by Rober~ Smythe to recommend approval to the City Council as presented by staff, with the exception of condition #10 being deleted, seconded by Darryl Bishop, and approved by a unanimous vote. 4. REQUEST FOR REZONING APPLICANT: Thompson/Homan Investment Group OWNER: Richard Bona i • CITS' OF CI~RMON7' MINUTES PLANNING AND ZONING COMMISSION MEETING JUNE 7, 1994 Page-9- 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 withdrawn. There being no further business the meeting was adjourned. ATTEST: mi Shaw, Planning Technician ;' John N. S rgent, Chairma ~ _ `~ U`