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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. • CITY OF CI.F.RMON7' MINUTES PLANNING AND ZONING COMMISSION APRIL 1, 1997 Page-2- 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. CITY OF CIF.1?MONT MINUTES PLANNING AND ZONING COMMISSION APRIL 1, 1997 Page - 3 - 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 CCIY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION APRIL 1, 1997 Page-4- 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. • CITY OF CIF,RMONT MINUTES PLANNING AND ZONING COMMISSION APRIL 1, 1997 Page-S- 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. • • Cl7Y OF CLERMOIVT MINUTES PLANNING AND ZONING COMMISSION APRIL 1, 1997 Page-6- 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. • CITY OF CI,ERMONT MINUTES PLANNING AND ZONING COMMISSION APRIL 1, 1997 Page - 7 - 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. • C17Y OF CLERMOIVI" MINUTES PLANNING AND ZONING COMMISSION APRIL 1, 1997 Page - 8 - 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. • CITY OF CLF.RMONT MINUTES PLANNING AND ZONING COMMISSION AP12II, 1, 1997 Page-9- 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 • • CITY OF CIERMONT MINUTES PLANNING AND ZONING COMMISSION APRIL 1, 1997 Page - 10 - 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. • C17Y OF CLF,1?MOIV7" MINUTES PLANNING AND ZONING COMMISSION APRIL 1, 1997 Page - 11 - 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 • CITY OF CIF.RMONT MINUTES PLANNING AND ZONING COMMISSION APRIL 1, 1997 Page - 12 - 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. • • C.l7Y OF CLERMOIV7' MINUTES PLANNING AND ZONING COMMISSION APRIL 1, 1997 Page - 13 - 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 MINUTES PLANNING AND ZONING COMMISSION APRIL. 1, 1997 Page - 14 - 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 • CCIY OF CLF.FtMONT MINUTES PLANNING AND ZONING COMMISSION APRII. 1, 1997 Page-15- 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: 1 / `~ ~-- ~ 1 Mi Shaw Ogden, Planning echnician