04-01-1997 Regular Meeting- ~ ~
Cl7Y OF CLERMOIVT
MINUTES
PLANNING AND ZONING COMMISSION
APRIL 1, 1997
The meeting of the Planning & Zoning Commission was called to order Tuesday, April 1,
1997 at 7:00 P.M. by Chairman Robert Smythe. Members present were Keith Mullins,
James Brown, Darryl Bishop, Joseph Janusiak, Marilyn MacLauchlin, Joseph Wiebush
and Bill Rauch. Member Michael Floyd was absent. Also attending were Lanny Harker,
Director of Planning and Mimi Shaw Ogden, Planning Technician.
MINUTES of the Planning and Zoning Commission meeting held March 4, 1997 were
approved as presented.
1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Marcella Becker
LOCATION: 806 West Minneola Avenue
REQUEST: A request for a Conditional Use Permit to amend Resolution No. 779 to
allow the retail sale of silk flowers in the existing funeral~home facility, located in the
CBD Central Business District.
Mr. Harker explained that the original Conditional Use ,Permit, Resolution #511,
provided for the initial establishment of the Becker Funeral Home. The amendment for
Resolution #779 permitted joint use of-the facility for temporary church services and
funeral home operation. The present amendment requests approval of a Conditional
Use Permit for the retail sales of silk flowers in the Funeral Home. It should be noted
the church organization has moved to another location in the Central Business District
and the current request does not include the church use as formerly permitted.
The subject site is located on the northwest corner of Minneola Avenue and Eighth
Street in the center of the Central Business District (CBD). The zoning of the property
CBD and Future Land Use District classification, EBD-1 (Established Business District),
which allows direct expansion of commercial endeavors in the area. Adequate parking
for the proposed use is available on-site.
Therefore, based upon compliance with required zoning criteria, future land use
classification, and provision of adequate parking for the proposed use, Staff recommends
approval with the following conditions:
1. Approval of the proposed use shall be conditioned upon compliance with all
previous conditions specified in Resolution No. 511 and No. 779, respectively, with the
exclusion of the temporary church operation.
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.
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3. 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.
4. No expansion of the use or additions to this facility shall be permitted except as
approved by another Conditional Use Permit.
5. This permit shall become null and void if the retail sales use has not began
customary retail function within one (1) year from the date of formal grant by the City
Council.
6. The final Certificate of Occupancy shall not be issued until each of the stated
conditions has been met.
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.
A motion was made by Joseph Wiebush to recommend approval to the City Council as
presented by staff, seconded by Bill Rauch, approved by a unanimous vote.
2. REQUEST FOR REZONING
APPLICANT: City of Clermont
GENERAL LOCATION: Lots 1 through 7, Johnsons Replat Block 117 and parcel of land
lying approximately 100' west of West Avenue, bounded on the north by Lake Minneola,
on the south by railroad right-of--way and on the west by west section line of Section 24,
Township 22, Range 25.
REQUEST: Rezoning from R-3 Residential/Professional District and C-1 Light
Commercial District to CBD Central Business District.
Mr. Harker explained that the City Council is initiating rezoning of the present
residential and commercial properties located between the railroad right-of-way and Lake
Minneola, that include the former City Maintenance facility and the Dole Citrus property
from R-3 and C-1 to CBD to facilitate complementary business expansion of the Central
Business District. The rezoning will amend only those properties situated adjacent to
Lake Minneola The proposed action is simply a continuation of the prevailing
development pattern within the lake front/downtown business area.
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PLANNING AND ZONING COMMISSION
APRIL 1, 1997
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Surrounding zoning of the area is C-1 and M-1 to the south, R-3 to the west, CBD to the
east and Lake Minneola to the north.
The proposed zoning classification CBD is consistent with the Future Land Use District
designation (NED-6, Non-Established District) which would allow commercial,
residential, and professional office uses. It is also compatible with Future Land Use Map
directives which indicate mixed commercial, residential, and professional office use
development to occur in this transitional area of the City.
Based upon consistency with existing development patterns, and demonstrated
compliance with Future Land Use directives for the area, Staff recommends approval of
this request for rezoning from R-3 and C-1 to CBD.
At this time Chairman Smythe asked all those present who wished to speak in regard to
this case be sworn in.
Persons sworn in were:
Larry Goecke of 8945 Village Green Blvd., Clermont, Florida
Joseph Wright of 1132 Lake Minneola Drive, Clermont,- Florida
Lawson Wolfe 1275 West Lakeshore Drive, Clermont, Florida
Mr. Jimmy Crawford, Attorney representing Clermont Builders Supply, stated that his
firm is in the process of researching the background and history of the proposed site.
Mr. Crawford stated that it would appear that the CBD zoning district was originally
enacted to allow for the Central Business District as it historically existed (i.e. can't meet
setback requirements, impervious surface ratios, etc.), which is common to many old
downtown areas. But the City is proposing to expand that zoning into an area of
basically vacant land, forgo some of the environmental protections that would normally
be instituted in a normal zoning category. The impervious surface ratios are allowed at
up to 100% in the CBD Zoning, the setbacks are either non-existent or way less than
other districts. Mr. Crawford noted that the City presently has access to this parcel via
an easement that was granted to the City by CBS for access to the City barn. Mr.
Crawford stated that he is not sure if the easement encompasses an increase in use as
large as this, noting he will work with the City Attorney on this issue prior to this being
heard by the City Council. Mr. Crawford further stated that his client is against the use
of their property as an entrance and exit for this kind of commercial operation. In
summation, Mr. Crawford stated that they feel it is an inappropriate use, in a very
environmentally sensitive area and far to intensive.
Mr. Joseph Wright, nearby property owner, stated that he recently built a home near the
subject property, and asked the Commission if they would want a marina built near their
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APRIL 1, 1997
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homes. Mr. Wright suggested relocating the marina further east on the old Blue Goose
property. Mr. Wright stated that ingress to his property is already very difficult, via the
easement, due to the CBS truck traffic, unloading of trucks and parking on the right-of-
way. Mr. Wright asked if the City has considered another egress for the proposed marina
and if they have not, to please do so for the good of the surrounding property owners.
Mr. Lawson Wolfe, owner of Clermont Builders Supply, stated that the property that is
presently zoned C-1 will adequately handle the proposed marina, noting that there is not
a need to rezone lots 1-7 into a commercial zoning. Supply relocate the marina and all
of its uses closer to the business end of the property and place the parking where the
marina is presently proposed to be located.
Member James Brown asked Mr. Wright if he would be in favor of the project if the
marina were relocated to the east.
Mr. Wright stated that his concern is the ingress/egress to the site.
Chairman Smythe asked Mr. Harker if there has been any discussion on means of
ingress/egress to the site.
Mr. Harker stated that the ingress/egress would be from 11th Street as it has historically
been.
Further discussion followed regarding access to the marina site and access to the
properties lying north of Clermont Builders Supply.
A motion was made by James Brown to recommend to the City Council that the request
be denied. The motion died due to lack of a second.
A motion was made by Bill Rauch that the request be postponed for thirty (30) days,
seconded by Joseph Wiebush.
Member Darryl Bishop stated that he felt there should be a meeting between the
Commission and the Council to better understand the proposed project.
Mr. Harker suggested that the motion be amended to postpone the request to a date
certain (i.e. next regular scheduled meeting of May 6, 1997).
Member Bill Rauch amended his motion to postpone hearing the request until the May
6, 1997 meeting, seconded by James Brown.
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APRIL 1, 1997
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Further discussion followed regarding scheduling a meeting between the Commission and
the City Council.
The motion on the floor was approved unanimously.
3. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: DBM Consultants, Inc.
OWNER: City of Clermont
GENERAL LOCATION: Lots 1 through 7, Johnsons Replat Block 117
REQUEST: A request for a Conditional Use Permit to allow the construction of a
Marina in the CBD Central Business District. In conjunction with this request, the City
Council will consider a request for a variance to allow the construction of boat storage
buildings having a height of thirty-nine (39) feet rather than the thirty-five (35) feet
normally allowed.
Mr. Harker explained that the applicant is requesting a Conditional Use Permit to
develop a full service marina including dry boat storage, ships store, fuel service, boat
repair, sales and rentals, and merchandise- sales complementary to boating and fishing
endeavors. The proposed project will be developed in four (4) phases as follows:
Phase 1 -Site preparation including partial renovation of the existing City maintenance
building for commercial activities, bulkhead, ship store, fuel service, boat service, and dry
boat storage buildings (buildings #2 & #3 of the site plan - 128 boats).
Phase 2 -final renovation of the former City maintenance building to accommodate
boating class space, and construction of boat storage building # 1 (western most
building - 84 boats).
Phase 3 -Construction of boat storage building #4 (Eastern most building - 40 boats)
Phase 4 -Expansion of merchandise sales operation complementary to the full service
operation of a marina
Mr. Harker stated that staff was going to recommend approval, however, due to the
postponement of the rezoning of the property, the CUP could not formally be heard.
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At this time Chairman Smythe asked all those present who wished to speak in regard to
this case be sworn in. Mr. Al Evans, representing DBM Consultants, of 10515 Parkway
Drive, Clermont, Florida.
Mr. Evans stated that due to the postponing of the rezoning they would like to also
postpone hearing of the CUP until the May 6, 1997 meeting also.
4. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Stephanie's Gourmet Coffee
LOCATION: 794 West Minneola Avenue
REQUEST: A request for a Conditional Use Permit to allow the operation of a retail
coffee sales business, professional office and restaurant (coffee shop) with open air sales,
located in the Central Business District (CBD).
At this time Chairman Smythe asked all those present who wished to speak in regard to
this case be sworn in. Mr. Rick Reed of 796 West Minneola Avenue, Clermont, Florida
was sworn in.
Mr. Harker explained that the applicant is' requesting a Conditional Use Permit to
operate a combined retail coffee bean sales business, a restaurant (coffee shop) with
open air sales where coffee and sandwiches and refreshments may be purchased and
consumed on-premises, and a professional office for a property
entrepreneur/development business.
Essentially, the coffee sales operation will provide the opportunity for sales of beans
which may be either purchased in retail fashion, or selected to be ground and served on-
site as part of the overall restaurant\opan air business. The property enterprise business
may include purchase, sales, renovation operations, management or any combination
thereof. Initially, the property business will confine operation to bookkeeping and
financial operations. The site plan and square foot area devoted to each use has been
provided with the application information.
The subject site is located on the northeast corner of Minneola Avenue and Eighth
Street in the Central Business District. The businesses will occupy the upper floor of the
building owned by Mr. Ralph French. Mr. French will continue his furniture business in
the lower level of the structure.
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PLANNING AND ZONING COMMISSION
APRIL 1, 1997
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Surrounding land uses are retail and professional office to the east, west and south and
residential (townhouses) to the north. The surrounding zoning is CBD (Central Business
District) to the east, west and south and R-3 Residential to the north.
Mr. Harker further explained that additional parking for partial conversion from the
former commercial business to the restaurant business will require provision of required
parking at one (1) space for each fifty (50) square feet devoted to patron use in
accordance with adopted City code.
The proposed request is consistent with existing land use of the area, and directives of
the adopted Comprehensive Plan which provides for a mixture of uses to be located in
the Central Business District.
Based upon information provided for the proposed use, 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 Permittee shall provide the required number of parking spaces for portions of
the facility utilized for restaurant patron oriented purposes through any of the
following means as follows:
a. Provision of required parking spaces on-site.
b. Lease agreement with a property owner within the Central Business
District.
c. Payment into the Parking Space Exchange Fee Program.
Required parking for the proposed restaurant use shall be provided prior to an
occupational license being issued:
3. The structure shall be inspected by the Fire Marshall for life safety requirements,
all requirements must be met prior to an occupational license being issued.
4. The structure shall be inspected by all applicable Health and Food Services
agencies responsible for operation of a restaurant, and all requirements of
applicable agencies shall be met prior to that portion of the business being
conducted. All applicable agency licenses must be secured prior to an
occupational license being issued.
5. No further expansion of the use or additions to the facility shall be permitted
except as approved by another Conditional Use Permit.
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6. The 5na1 Certificate of Occupancy shall not be issued until each of the stated
conditions has been met.
7. If any of the stated conditions are violated, the applicant understands and agrees
the City Council may revoke this Conditional Use Permit by Resolution.
Chairman Smythe asked if this business were not already in operation.
Planning Director Harker stated that the business is already in operation. The retail
portion of the business does have an occupational license and they have been served with
a violation notice requiring that the restaurant portion of the business to stop until
proper procedure is followed.
A motion was made by Keith Mullins to recommend approval to the City Council as
presented by staff, seconded by James Brown, approved by a unanimous vote.
S. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Safe-T-Storage, Inc. and Rick Bosserman
LOCATION: Parcel generally located on the west side of U.S. Highway 27, approximately
200 feet south of the intersection of U.S. Highway 27 and Hook Street.
REQUEST: A request for a Conditional Use Permit to allow the construction of min-
warehouses (containing approximately 53,975 square feet) with on-site living quarters for
a caretaker, located in the C-2 General Commercial Business District.
Planning Director Harker stated that the applicant is requesting approval of a mini-
warehouse storage facility to include an on-site managers living quarters. The total
development is to be composed of four (4) separate structures, and a three (3) stage
phasing program for development is intended. Approximately fifty (50%) percent of the
storage space is designated to be climate controlled (heated and cooled). A gated
security system with surveillance equipment is also intended.
The hours of operation are proposed to be 8 A.M. to 8 P.M., seven (7) days a week.
Office hours will be from 8 A.M. to 5 P.M. Monday through Saturday. On-site
management and security is proposed to be available 24 hours a day.
The subject site is zoned C-2 (Community Commercial District), and is designated as
UD-8 (Undeveloped District - 8) which provide for highway commercial uses within 600
feet of US Highway 27. The mini-warehouse use is therefore a permissible use with
approval of a Conditional Use Permit.
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Adjacent land use is commercial to the north, vacant property to the south, commercial
to the east, and single family residential to the west.
Based upon existing land use patterns and criteria specified for future development of
the area, Staff will recommend approval of the use with 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 successors in title or interest.
2. No further expansion of the use, additions to the use, or additions to the 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 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 apnl~ cable 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 that 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.
5. The developer/permittee shall be responsible for the cost of all required on-site
and off-site infrastructure improvements necessitated by impacts of the project.
6. Ingress and egress to all project warehouses shall be provided from the interior
roadway system. Direct property ingress\egress shall be from US 27, as indicated
on the approved site plan.
7. The developer/permittee shall install a six (6) foot high concrete block perimeter
wall adjacent to all residential uses and the north and south boundaries of the
property. A combination concrete block/wrought iron wall as approved by the
City Site Review Committee shall be provide adjacent to US 27. In addition to
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the peruneter wall, a five (5) feet wide, opaque vegetative buffer shall required
adjacent to all residential uses. Other required landscape buffering and screening
shall be as approved by the City Site Review Committee.
8. A minimum six (6) feet high temporary (opaque) wood fence shall be provided at
the terminus boundary of each phase of construction as delineated on the
approved site plan. The temporary wood fence shall be permitted for a period
not to exceed eighteen (18) months from the date a Certificate of Occupancy is
issued for each phase of development. At the end of eighteen (18) months
temporary fence period a six (6) feet high concrete block wall shall be constructed
as a replacement buffer. The concrete wall shall be provided with landscape in
accordance with adopted City Code.
9. All storage shall be conducted within an enclosed structure. The outside storage
of vehicles, watercraft, commodities or other items shall be prohibited.
10. The caretakers quarters shall be considered an ancillary use contingent upon the
mini-storage use. If the mini-warehouse use or facility ceases to exist, the quarters
for the caretaker shall in no way provide vested interest as a residence.
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.
12. The mini-warehouse facility shall be utilized for storage purposes only. The
manufacturing, wholesaling, or retailing of services, goods or materials shall be
prohibited.
13. 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 Development
1. The applicant shall submit a detailed excavation, grading and erosion control plan
for the site during the site plan review process which must be approved by the
City Site Review Committee prior to initiation of development activity.
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2. Noise levels during construction shall not exceed those recommended by the
Florida Department of Environmental Protection. Any vibratory compaction shall
be lunited 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 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.
3. Ingress/egress to the site for construction shall be as approved by the City Site
Review Committee. Determination for selected ingress/egress locations shall be
determined prior to the commencement of any development activity for a specific
use or area.
4. All excavated material shall be stored in a location approved by the City Engineer.
5. Stormwater retention areas shall be constructed at a maximum relief 3:1 (H:V).
The side slopes shall be sodded. All other areas being disturbed shall be
stabilized with a combination of grass species appropriate for prevention of
erosion according to standards acceptable to and approved by the City Site
Review Committee.
7. In the event that overall site preparation is proposed to commence prior to actual
structure construction for a specific phase of the project, the permittee, heirs or
assigns shall provide a complete reclamation plan for the land area being
prepared. 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 fmal project site which is conducive to future development, compatible
with the surrounding topography and approximate pre-construction 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 land preparation
operation shall be graded, dressed and stabilized, in accordance with the
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approved reclamation site plan (as required in Section 1, Item 3) and the
U.S.D.A., S.C.S. recommendations. Topsoil from the site shall be
stockpiled and applied as the final soil cover material for all reclauned
areas. The retention areas shall be regraded to the original dimensions and
stabilized in accordance with plans approved by the City Engineer.
C. Landscaping and reforestation - Within 30 days 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 shall be complied with. All reforestation operations shall
provide a minimum density of 20 hardwood trees per acre. Acceptable tree
species shall be in compliance with the City of Clermont Land
Development Regulations. Conversely, tree species designated as
undesirable by the City of Clermont Land Development Regulations shall
not be acceptable.
D. Reclamation 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 one year, ground
cover shall be established on 100% of the reclaimed areas. Should erosion
problems occur prior to final approvals by the City of Clermont, such
eroded areas shall 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 related articles shall be removed from the project area as
part of the reclamation process. Any structures erected during the
development operation shall be dismantled and removed, unless approvals
from the appropriate jurisdictional entity permits otherwise. In general, the
area shall be returned to natural conditions that are conducive to future
development and compatible with the surrounding topography.
Section 3.
General improvements for development of the site shall require the following.
1. Sidewalks and street lighting shall be required along all road frontages in
accordance with adopted FDOT and City Codes.
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2. All dumpster and other equipment sites shall be enclosed with masonry structures
with wood gates, in accordance with requirements of the City of Clermont Land
Development Regulations and plans approved by the City Site Review Committee.
3. All signage shall conform to adopted City Codes and Regulations. The most
southern and middle billboards, which presently exist on the site, shall be removed
at time of commencement of Phase I. The most northern billboard shall be
removed at time of commencement of Phase III.
4. Roadway unprovement plans for US 27, including but not limited to, access drives,
acceUdecel lanes, and turn lanes shall be submitted to and approved by the City
Site Review Committee and FDOT prior to commencement of any development
activity. Traffic analysis shall be accomplished and provided as specified in the
City of Clermont Land Development Regulations.
Section 4.
A stormwater management plan, the following are required:
1. Permeability tests must be submitted as part of the site plan review process.
Permeability shall be maintained.
2. Verification of the stormwater run-off data and other assumption & calculations
shall be provided and approved by the City Engineer prior to any development
activity. Positive outfall for stormwater shall be provided as approved by the City
Engineer.
3. A St. John's River Water Management District stormwater permit and applicable
Florida Department of Transportation permits shall be required and filed with the
City prior to receipt of a development permit or any development activity on the
site.
Chairman Smythe noted that included in the Commission packets is a letter from a
nearby property owner, Bill Crawford, regarding earth moving that has already taken
place on the site.
Mr. Harker stated that approximately one year ago, certain small tree and under brush
removal of the site did occur, with authorization.. The trees were scrub trees, the
majority of them being less than six (6) inches in diameter, there was also much debris
on the property including concrete blocks, tires, construction debris, etc., which needed
to be cleaned up. In going through the site review process, Staff has tried to ensure that
both the pre and post stormwater requirements of both the City and St. Johns River
CITY OF CLF,RMONT
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Water Management District are met. Mr. Harker further explained that there has been a
historic problem of flooding on the streets at the lowest elevation where the stormwater
pipe comes out of the subdivision. After research conducted by the City Engineer the
reason for the flooding is that the corrugated metal pipe is too small of a diameter. The
City is going to investigate the possibility of enlarging that diameter to ensure that the
water is removed from that subdivision in the manner that it is suppose to.
Further discussion followed regarding the water retention problems with the proposed
site and Lake Minnehaha Chain O'Lakes Subdivision.
At this time Chairman Smythe asked all those present who wished to speak in regard to
this case be sworn in. Persons sworn in were:
Robert Thompson, applicant, of 1927 Brantley Circler, Clermont, Florida
Peggy Weatherbee of 2120 The Crescent, Clermont, Florida
Rick McCoy of 713 W. Montrose Street, Clermont, Florida
Bill Crawford of 6012 State Road 471, Bushnell, Florida
Mr. Thompson stated that he has had discussions with Mr. Crawford regarding his
concerns regarding the pipe and the will be cleaning out the culvert when construction
begins.
Rick McCoy, project engineer, stated that he has spoken with the City Engineer
regarding the problem with the 12" diameter pipe which seems to be a large portion of
the problem, as this pipe would appear to be too small.
Mr. Harker asked Mr. McCoy, having formulated the water retention calculations for the
site, is the water going to move from the pipe as it did before.
Mr. McCoy stated that it would and actually it. would function better as the water that
was coming from the Safe-T-Storage site will now be put into a separate pond on Mr.
Bossermans property and be discharged directly to the south.
Mr. Crawford stated that he has had a problem with the water situation on his property
for a year, since this project began, the water now goes over the ground rather than
underground. He has asked for attention to this matter by the City and finally resorted
to digging up the storm drain himself. Mr. Crawford further stated that he has been in
jeopardy of loosing his two houses for over a year now. This project should not be
allowed to continue until the developer has corrected the damage they have done to the
existing waterway. St. Johns River Water Management District has been contacted and
they agree that there seems to have been some alteration and that they will investigate
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the situation within the next two weeks. Mr. Crawford therefore asked that this hearing
be delayed until we can find out exactly what needs to be done to protect the property
and satisfy St. Johns.
Peggy Weatherbee, nearby property owner since 1973, noted that the lots Mr. Crawford
owns have always been in a flood zone. Since the subdivision was annexed into the City
the flood situation has been eased by the culvert. Mr. Crawford does need relief from
the flood situation on his property, however, she does not feel his flooding has been
increased by this project, it has always been a problem. Mrs. Weatherbee further noted
that she is for the project.
Member Darryl Bishop asked Mr. Crawford when he contacted St. Johns.
Mr. Crawford stated he contacted St. Johns today. He had contacted them a year ago,
however, they were convinced when they spoke with everyone else involved that this was
not a problem and that nothing had actually been disturbed on the site. They went to
the City and they were told there is not a problem.
Mr. Harker stated that St. Johns never contacted the Planning Department.
Chairman Smythe explained to Mr. Crawford that the Planning and Zoning Commission
can only decide if the proposed project is proper for the site. Further suggesting that
Mr. Crawford may want to take his concerns to the City Council.
A motion was made by Marilyn MacLauchlin to recommend approval to the City Council
as presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote.
There being no further business the meeting was adjourned.
Ro rt Smythe, Ch ' n
ATTEST:
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Mi Shaw Ogden, Planning echnician