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05-04-1993 Minutes • M, • 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. 1 • •' 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 2 • • 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 3 • • 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 4 • • 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. 5 • • 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. 6 • • 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. 7 • • 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. 8 • • 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. 9 • • • 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 10