05-04-1993 Minutes • M,
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MINUTES
PLANNING & ZONING COMMISSION
May 4, 1993
The meeting of the Planning & Zoning Commission was called to order Tuesday, May
4, 1993 at 7:00 P.M. by Chairman John Sargent. Members present were James Brown,
Joseph Janusiak, Joseph Wiebush, Jim Hoskinson, Marilyn George and Don Smith.
Members Wendell McDannel and Bonnie Kranz were absent. Also attending were
• Lanny Harker Director of Planning and Mimi Shaw Planning Technician.
MINUTES of the meeting held April 6, 1993 were approved as presented.
NEW BUSINESS:
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 informed the Commission that the applicants have requested that this
request be tabled until the June 1, 1993 meeting.
A motion was made by Jim Hoskinson that this request be tabled until the June 1
meeting, seconded by Joseph Janusiak and approved by a unanimous vote.
2. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: David Johnson
LOCATION: Approximately 210' south of the intersection of Grand Highway and
S.R.50
ACREAGE: Approximately 22.5 acres
REQUEST: A request for a Conditional Use Permit to allow the construction of a
retail shopping facility, Phase 1 construction containing approximately
103,340 +/- square feet and Phase 11 construction expansion to
approximately 181,000 +/- square feet.
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Mr. Harker explained that the applicant is requesting a CUP to allow the construction
of a Commercial Shopping facility including the excavation and grading of the
property to facilitate further development in the C -2 General Commercial Business
District and certain portions of the M -1 Industrial District. The subject site is located
east of U.S. 27, south of S.R. 50, north of Hook Street and encompasses land on
both sides of the existing location of Grand Highway.
The proposed request is in conformance with designation of the adopted Future Land
Use Map, Future Land Use District designation of UD -10 and C -2 (Highway
Commercial) and M -1 (Industrial) Zoning Districts which permit highway commercial
activities, and directives of the adopted Comprehensive Plan that directs this area to
develop as a Regional Commercial Node.
Mr. Harker stated that Staff recommends approval of the proposed project subject to
the following conditions:
Section 1 General 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 retail shopping business only. Phase I of the
development shall be permitted for 103,000 +/- square feet of floor area and Phase II
shall be permitted for expansion to 181,000 +/- square feet of floor area.
3. The property shall be developed in substantial accordance with an approved
site plan, grading /excavation plan, and operation /reclamation 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 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.
5. Performance bonding shall be required for all infrastructure (transportation,
potable water, water reuse, stormwater, and waste water systems) and reclamation
improvements, including on -site and off-site locations, evidencing impact by the
proposed development. An estimate of costs shall be prepared, certified and
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submitted by the Engineer of record and approved by the City Engineer. The City
shall then determine the bond amount in accordance with adopted City Code
regulations. The developer shall be responsible for the cost of all required on -site
and off -site infrastructure improvements necessitated by and in proportionate
conformance with impacts of the project.
6. All inspection costs will be borne by the applicant. This shall include final
inspection and ongoing random inspections for compliance with Conditional Use
Permit conditions.
7. 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.
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.
Section 2 Site Preparation and Geotechnical Conditions
Operation Plans (Excavation, Grading, and Reclamation) are to be outlined
for site alteration in an attached manual and submitted by the applicant:
1. Geotechnical information regarding the soil to be excavated and used as fill on
the property must be submitted to the City Engineer for review and consideration.
This information will be required before a development permit is issued.
2. Density tests will be conducted at a maximum of two (2) foot intervals in order
to prove compaction requirements. Fill areas shall be compacted to 95% density of
modified proctor.
3. The applicant shall submit a detailed excavation, grading and erosion control
plan for the entire site during the site plan review process which must be approved by
the City Site Review Committee prior to initiation of development activity.
4. A dust abatement plan shall be submitted to the City detailing measures to be
taken in eliminating the migration of dust particles for the site. The plan must
specifically outline those measures recommended by F.D.E.R.
5. Noise levels shall not exceed those recommended by F.D.E.R. Vibratory
compaction shall be limited to the hours of 8:00 A.M. to 6:00 P.M. Monday through
Saturday only. Vibrations shall be limited to avoid any damages to neighboring
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persons or properties. 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.
Heavy equipment or heavy machinery engines will not be started earlier than 7:00
A.M.
6. In the event that substantial construction work has not begun within eleven (11)
months from the date of the approval of this Conditional Use Permit, or site
development work has ceased for a period of six (6) months, the permittee, heirs or
assigns in title or interest shall provide complete reclamation of the site. Reclamation
shall be performed in conformance with the reclamation plan (as required in Section
1, item 3) approved by the City Engineer, and in accordance with accepted best
management practices (BMP) designated by publications of the U.S.D.A. Soil
Conservation Service and St. Johns River Water Management District. The minimum
reclamation plan shall address the following characteristics:
A. Objective - The primary objective of the reclamation plan is to provide for a
final project site which is conducive to future development, compatible with the
surrounding topography and approximates pre - grading surface water drainage
characteristics without, subsequent erosion. The final grading of the project site
shall conform to the grades, lines, slopes and contours shown on the
approved reclamation site plan (as required in Section 1, Item 3).
B. Grading and stabilization - All areas disturbed during the grading /excavation
operation shall be re- graded, dressed and stabilized, in accordance with the
approved reclamation site plan (as required in Section 1, Item 3) and the
S.C.S. recommendations. Topsoil from the site shall be stockpiled and applied
as the final soil cover material for all reclaimed areas. The retention areas shall
be regraded to the original dimensions and stabilized unless another approved
site plan for the future development dictates otherwise.
C. Landscaping and reforestation - Within 30 days of the expiration of the
Conditional Use Permit, all areas of the subject site shall be seeded and
mulched, or sodded, as required to control erosion and prevent the creation of
washes, rills, gullies, etc. All site areas shall also be seeded with a quick
growing grass species which will provide an early cover during the season in
which it is planted, and will not later compete with the permanent grassing. All
City of Clermont landscape and tree requirements for commercial properties
shall be complied with.
D. Reclaimation time Horizons - At the end of six months from the completion of
the reclamation project, at least 80% of the reclaimed areas shall have
permanently established ground cover. By the end of the year ground cover
shall be established 100% of the reclaimed areas. Should erosion problems
occur prior to final approvals by the City of Clermont, such eroded areas shall
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be regraded and stabilized as necessary to comply with the intent of this
reclamation requirement.
E. Structure and debris eradication - All debris, refuse, junk, poles, piling,
cables and other construction related articles shall be removed from the project
area as part of the reclamation process. Any structures erected during the
excavating /grading operation shall be dismantled and removed, unless
approval from the appropriate authorities permit otherwise. In general the area
shall be returned to natural conditions that are conducive to future
developments and compatible with the surrounding topography.
7. Any areas being modified to a slope of three (3) horizontal to one (1) vertical
(3.1), such as water retention areas, shall be sodded. Any areas being modified to a
slope greater than two (2) horizontal to one (1) vertical (2.1), shall be stabilized with a
city approved geotechnical system and then sodded with a long- stemmed grass
species appropriate for prevention of erosion according to standards acceptable to
and approved by the city and the USDA Soil Conservation Service.
8. All disturbed areas other than required landscape areas shall be planted with a
mixture of approved trees, at a ratio to be agreed upon by the Site Review Committee
and the developer, based upon advisory consultation of the USDA Soil Conservation
Service. -
9. All disturbed areas other than required landscape areas or locations requiring
the placement of sod shall provide both temporary and permanent grassing including
fertilizer application which shall be provided in accordance with an approved ground
cover plan acceptable to the City.
10. Ingress /egress to the site for construction shall be from Grand Highway and
Hook Street only. No ingress or egress of machinery or trucks shall be allowed on
S.R. 50.
Section 3 Stormwater Abatement Conditions
1. The permittee /developer shall provide a stormwater management plan to the
City Engineer which must be reviewed and approved prior to any development activity
on the site.
2. Verification of the stormwater run -off data assumption and calculations must be
provided and approved by the City Engineer prior to any development activity.
3. Permeability tests must be submitted as part of the site plan review process.
Permeability within all WRA's shall be maintained.
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4. A St. John's River Water Management District stormwater permit shall be
required and filed with the city prior to issuance of a building permit or any
development activity.
Section 4 Transportation System Conditions
1. Roadway improvement plans for State Road 50, U.S. 27, Grand Highway, Hook
Street and the commercial site, including but not limited to, access drives, accel /decel
lanes, turn lanes, traffic signalization devices, and internal signage and traffic
movement lanes shall be submitted to and approved by the City Site Review
Committee, FDOT and Lake County prior to commencement of any development
activity. All roadway and site improvement costs shall be the responsibility of the
permittee /developer. At the time signalization 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.
2. In the event that relocation of Grand Highway is warranted and approved by
the City, the permittee /developer shall dedicate right -of -way ranging in width from a
minimum of ten (10) feet to a maximum of seventy (70) feet in order to attain
conformance with directives of the adopted Comprehensive Plan for identified
collector roads. All engineering, permitting and construction costs shall be the
responsibility of the permittee /developer. Dedication of the rights -of -way shall be
provided to the City prior to any development activity occurring on the site.
3. The permittee /developer shall construct an internal traffic connection link that
provides direct access from the subject site to the Racetrac Convenience Station site
location at the intersection of S.R. 50 and Grand Highway.
4. The appropriate FDOT and Lake County permits shall be required and filed
with the City prior to issuance of a Development Permit by the City.
5. Ingress /egress to the site shall occur from Grand Highway only. The number,
location and size of ingress /egress drives required to facilitate traffic movement and
from the site shall be submitted to the Site Review Committee for review and approval
prior to development permit issuance.
6. The permittee /developer shall provide sidewalks along all road frontages in
accordance with adopted FDOT and City codes
7. The property right -of -way to the east of the subject property on Grand Highway
shall be graded to conform to the grading of the proposed development to insure a
good sight line for traffic entering SR 50.
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8. Ingress /egress to the site for development and construction activities shall be
from Grand Highway and Hook Street only.
Mr. Harker explained that Staff would at this time like to recommend that Condition
#9 be added to read as follows:
9. The permittee /developer provide a traffic study to the City six (6) months after
the retail store has formally opened for business. Another traffic study be submitted
to the City six (6) months after Phase II of the facility has been constructed and
formally opened for business.
Section 5 Utility Improvement Conditions
1. The permittee /developer shall provide on -site and off -site utility improvements,
(lift stations, water and sewer lines, etc.) as necessary to address and satisfy the
impacts of the project. Plans and specifications shall be provided to and approved
by the City Site Review Committee prior to the issuance of any development permit
by the City. The costs of such required improvements shall be the responsibility of
the developers.
2. The permittee /developer shall be responsible for improvement costs and the
relocating of the utilities presently within the right -of -way. Improvements and /or
relocation costs related to utilities located on other roadways (U.S. Hwy. 27, S.R. 50
and Hook Street) impacted by the development shall also be the responsibility of the
permittee /developer.
Section 6 General Improvement and Landscape Conditions
1. The permittee /developer shall submit a complete site landscape plan which will
address both Phase I and Phase II of the development. 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.
2. Buffering and screening shall be required from all abutting uses in accordance
with adopted City Codes and 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. All landscaping shall be provided with a permanent source of irrigation
including a low volume irrigation system, City approved and State mandated back
flow prevention devices and rain sensor gauge.
3. The required irrigation system shall be designed to accommodate utilization of
reuse water at such time as it becomes available to the site.
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4. Architectural finish and design plans for the commercial building, especially
those with exposure to U.S. 27, S.R. 50 and Grand Highway shall be submitted to and
approved by the Site Review Committee to ensure aesthetic and public safety
considerations are not adversely impacted.
5. A site lighting plan shall be submitted and approved that shall ensure all
lightening is directed upon the site and does not adversely impact abutting properties
or traffic on SR 50., U.S. Highway 27 and Grand Highway.
6. All dumpsters and other equipment sites shall be enclosed with masonry
structures in accordance with plans approved by the City Site Review Committee.
7. All signage shall conform to adopted City Codes and Regulations, off -site
signage shall be disallowed.
8. The permittee /developer shall provide required parking in conformance with
adopted City Standards (i.e. 10 ft. x 20 ft. in size and a ratio of five (5) spaces per one
thousand (1,000) square feet (5:1,000) of floor area). Required parking may be
provided consistent with proposed development phasing of the site.
9. 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 the
Conditional Use Permit.
10. The permit shall expire if construction has not begun within one year form date
of grant of this Conditional Use Permit.
11. 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:
Alan Carpenter of Lake Mary, Florida
Kamran Khosravani of Lake Mary, Florida
Randy Friloux of Winter Springs, Florida
French Galford, P.O. Box 1187, Clermont, Florida
Charles Russ of 12512 South Lakeshore Drive, Clermont, Florida
Don McCaffrey of 730 Oak Drive, Clermont, Florida
Mr. Khosravani with Conklin, Porter and Holmes Engineers, explained the scope of
the project.
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At this time a slide presentation was given by Randy Friloux of Contact Construction
Products showing the building process of the reenforced soil slopes and the final
product.
Mr. Charles Russ, nearby property owner, expressed some concern as to the
appearance of the embankment and also the native vegetation that would be
destroyed at the intersection of Hook Street and U.S. Highway 27 (i.e. pine and oak
trees, etc.)
Mr. French Galford, nearby property owner, expressed his concern of the potential
' noise during construction as this could disturb the guest of his motel. Mr. Galford
also stated that he hoped the water run -off problem that he presently has will be
' corrected.
Mr. Khosravani assured Mr. Galford that the construction for this site would probably
take only approximately four to six months for completion.
Mr. McCaffrey, stated that the existing streets are not built to present City
specifications and would assume that the developer would replace the streets to meet
current City specifications which would eliminate the water run -off problem. Mr.
McCaffrey further stated that he was very impressed with the presentation and he
feels this project should have the Citys full support.
Further discussion ensued regarding the relocation of Grand Highway.
Mr. Hoskinson asked in reference to Section 4, Item 3 regarding direct access
between this site and the proposed Racetrac site to the north, where would the direct
access be.
Mr. Harker stated that this would be an internal access between the two sites and the
exact location of this access would be determined at the time of Site Review.
Mr. Smith asked what would be the elevation of the parking area in relationship to
Hook Street.
Mr. Khosravani stated that the parking lot elevation would be approximately 156 feet
and Hook Street would be approximately 118 feet.
Further discussion followed regarding the hours of operation.
Chairman Sargent stated that he felt that a condition should be added that a
Certificate of Occupancy should not be issued for this development until a
signalization device is in place and in operation at the intersection of SR 50 and
Grand Highway and at the intersection of U.S Highway 27 and Hooks Street. Mr.
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Sargent further stated that he felt this signals would be needed once this area is
developed and the signals should be in place prior to the loss of life necessary to
facilitate statistics.
Chairman Sargent also reminded the members that a decision should be made as to
what to recommend to the City Council as far as the request for 9' x 20' parking
spaces.
Further discussion followed regarding the smaller parking spaces and the need for
signalization adjacent to this site.
A motion was made by Marilyn George to recommend approval to the City Council as
presented by staff and with an additional condition that parking stalls may be 9 feet
wide. The motion died due to the lack of a second.
A motion was made by Don Smith to recommend approval to the City Council as
presented by staff with the following modifications:
1. Diagonal parking may be 9' x 20'. All 90 degree parking shall be 10' x 20'.
2. The City strongly consider the new technical system for stabilization that would
reduce costs for this development and still meet specifications.
3. The City strongly urge FDOT to install signalization at the intersection of Grand
Highway and SR 50 and at the intersection of U.S. Highway 27 and Hook
Street, concurrent with the opening of the shopping facility.
This motion was seconded by Jim Hoskinson and approved by a unanimous vote.
There being no further business the meeting was adjourned.
John N. gargent, Cha an
ATTEST:
iY? .`a
Mimi haw, Planning Technician
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