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09-06-1994 Meeting_ .~ • CITY OF CIBRMONf MINUTES PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 6, 1994 The meeting of the Planning & Zoning Commission was called to order Tuesday, September 6, 1994 at 7:00 P.M. by Chairman John Sargent. Members present were Joseph Janusiak, James Brown, Robert Smythe, Joseph Wiebush, Wendell McDannel and Marilyn George. Member Darryl Bishop was absent. Also attending were Wayne Saunders, City Manager and Mimi Shaw, Planning Technician. MINU'T'ES of the meeting held August 2, 1994 were approved as presented. 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: First United Methodist Church LOCATION: Southeast corner of Eighth Street and Broome Street REQUEST: A Conditional Use Permit to amend Resolution Nos. 483 and 550 to construct a new playground area (50' x 75'). Mr. Saunders explained that the applicant is requesting an amendment to the existing CUP for an additional playground to facilitate school activities for the existing preschool program. Staff recommends approval of the request incorporating all conditions of Resolutions No. 483 and 550 and 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. 3. The permittee/developer shall submit a landscape plan which will address landscape provisions for the site. The required landscape plan shall indicate compliance with City codes for buffering and screening. 4. No further expansion of this use shall be permitted except as approved by another Conditional Use Permit. 5. This permit shall become null and void if substantial construction work has not begun within one (1) year from the date of formal grant by the City Council for this Conditional Use Permit. 6. 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. • CITY OF CLF.RMONT • MINUTES PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 6, 1994 Page-2- 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 Kelly Cardia, representative of the applicant, of 107 South Galena Avenue, Minneola, Florida. Ms. Cardia noted that she did not have anything to add to the description of the project as explained by Mr. Saunders. 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. 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: James Hurtak OWNER: Sohn Hurtak LOCATION: South Lake Plaza REQUEST: A request for a Conditional Use Permit to amend Resolution No. 818 to allow the expansion (approximately 8,968 square feet) of an existing building, located in the C-2 General Commercial Business District. Mr. Saunders stated that the applicant is requesting an amendment to the existing CUP for the shopping center to allow renovation of the previous K-Mart store and additional construction of approximately 8,9b8 square feet of floor area. The proposed project has been reviewed with the Site Review Committee and representatives of Winn Dixie. Some of the changes requested by the Site Review Committee are reflected on the plans that have been provided to the Commission. Mr. Saunders further noted that there are two issues this Commission does not have to address directly, however, they should be taken into consideration. The flirst issue is a variance that has been requested to allow a 13.88' setback from Bloxam Avenue, the code presently requires a 25' setback for the loading area which is a two story structure. The other variance request is a parking variance, the present site does not meet the required number of parking spaces based on the new Land Development Regulations and the Comprehensive Plan. The applicant is proposing to restripe the western half of the parking lot to 9' wide stalls. • CITY OF CLF.RMONT • MINUTES PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 6, 1994 Page-3- Mr. Saunders noted that Mr. Harker, Planning Director, has recommended denial of the request, however he did denote the following conditions that he felt should be implemented if Staffs recommendation is rejected. 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 permittee/developer shall submit a complete site parking plan which will graphically display all parking locations and indicate provision of proposed additional spaces. 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 rp. for to issuance of any development permit. 7. The permittee/developer shall provide landscape along the parking and loading areas adjacent to Highland and Bloxam Avenues. 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. • CI?Y OF CI.ERMONT • MINUTES PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 6, 1994 Page - 4 - 8. 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. 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. The permittee shall provide an internal traffic connection link with the adjacent property, west of the subject site. Connection shall be at the northwest comer 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 Winn Dixie 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 prosecution of construction of required improvements ultimatelyfinalized 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. There being no further business the meeting was adjourned. Mr. Saunders further stated that the City Council has expressed their opinion that they would like to make this site work. If the Commission is inclined to recommend approval of this CUP, special attention should be given to the side abutting Bloxam Avenue and any recommendations the Commission might have regarding landscaping or walls, etc., would be welcomed. 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: Cl7Y OF C,LERMOIVT • MINUTES PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 6, 1994 Page - 5 - Mr. Robert Smythe of 1119 Bloxam Avenue, Clermont, Florida. Ms. Dorothy Boyett of 1211 Bloxam Avenue, Clermont, Florida. Jed Downs with Couhatchi & Peterson Architects of 200 East Robinson Street, Suite 400, Orlando, Florida. James Hurtak, representative of the applicant, of 678 E. Highway 50, Clermont, Florida. Bob Barket of 111 N. Orange Avenue, Orlando, Florida. Tom Harb of Harb Dandan Engineering, 9421 S. Orange Blossom Trail, Orlando, Florida Mr. Tom Harb, project. engineer, stated that the proposed plan does create more parking spaces than the center presently has, the issues of landscaping and drainage problems are also being addressed. The outparcel on Bloxam Avenue has been purchased and dumpsters will be enclosed to enhance the site as much as possible. The variance to the setback from Bloxam Avenue is a necessity due to the layout of the Winn Dixie store which can not be altered. Further discussion followed regarding the layout of the store and the setback encroachment on Bloxam Avenue. Mr. Smythe asked where the trash compactor would be located. Mr. Downs stated that there would not be a trash compactor, they use a bailer which is located inside, the store would have one dumpster. The present store does have a compactor, this has been done away with as compactors are basically only meant for dry goods such as cardboard boxes, etc., not perishable goods. Mr. Smythe stated that the present store has had a problem keeping the dumpster and the surrounding area in a sanitary condition (i.e. trash blowing around, etc.) Further discussion followed regarding the dumpster location, traffic flow design for delivery trucks and landscape buffering on the east property line. Mr. Smythe stated that he felt the wall to be constructed on the east property line should be at least six feet in height, rather than the three feet shown on the proposed site plans. Mr. James Hurtak stated that there would not be a problem with the higher wall. Mr. Saunders noted that the expansion would be a two story structure, being approximately 30 feet in height, with the second floor being the mechanical room. Mr. Saunders asked if there was any possibility of placing the mechanical room in another location to alleviate the need for a two story structure. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 6, 1994 Page-6- Mr. Jed Downs stated that due to the configuration of the existing structure and the arrangement of the interior operations of the store, the mechanical room would need to be placed in this central location of the store for- ease of access for service. Mr. Downs stated that the louver, which is where most of the noise would be generated from, could be relocated to the side of the structure. Further discussion followed regarding the aesthetic aspect of the second story. Mr. Hurtak asked that they be given one year to install the sidewalk along Highland Avenue as the old Publix store will be undergoing renovations which would damage the sidewalk. After further discussion, a motion was made by Wendell McDannel to recommend approval to the City Council as presented by staff, with the following modifications and/or additions to those conditions: 1. Dumpster to be roofed. 2. The most northern ingress/egress drive on Bloxam Avenue shall be designed in such a manner as to deny a right turn onto Bloxam Avenue. 3. The sidewalk along Highland Avenue shall be constructed within one year from the date of formal grant of the Conditional Use Permit by City Council. 4. The louver on the mechanical room shall be relocated to the south side of the building. Required trees in the area surrounding the portion of the building which is two stories in height shall be of a tall growing species. 5. A six (6) foot masonry wall shall be constructed on the east side of the property, a minimum of five (5) feet from the property line, the length of the subject property. The motion was seconded by Marilyn George and approved by a unanimous vote. There being no further business the meeting was adjourned. t T ~_~, John N. a ent, Chai n ATTEST: ~'~~ ~~ C ~ 1 '~,~ z/ Mim' Shaw, Plannin Technician