11-03-1992 Regular Meeting• •
MINUTES
PLANNING & ZONING COMMISSION
November 3, 1992
The meeting of the Planning & Zoning Commission was called to order Tuesday,
November 3, 1992 at 7:30 P.M. by Chairman John Sargent. Members present were
Don Smith, James Brown, Bonnie Kranz, Joseph Janusiak and Marilyn George.
Members Joseph Wiebush and Wendell McDannel were absent. Also attending were
Leonard Baird, Ciry Attorney, Lanny Harker Director of Planning and Mimi Shaw
Planning Technician.
MINUTES of the meeting held September 1, 1992 were approved as presented.
NEW BUSINESS:
1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Clermont Pelican, Inc.
LOCATION: 677 West Highway 50, Clermont
REQUEST: A request for a Conditional Use Permit to amend Resolution No. 620 to
allow the expansion of a convenience store into an existing second
building in the C-1 Light Commercial District.
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 Mr. Ken Hanoman, applicant.
Mr. Harker informed the Commission that the applicant is requesting a Conditional
Use Permit for the expansion of a convenience store into an existing, adjacent
building in the C-1 (Light Commercial District).
Staff recommends approval subject to the standard Conditional Use Permit conditions
and the following additional conditions:
1. A landscape hedge shall be placed along the western and eastern boundaries of
the property and along the southern boundary where a landscape hedge does
not exist.
2. A five (5) foot landscape buffer adjacent to the sidewalk areas on each side of
the western entrance from Highway 50 shall be provided. Removal of a 5' strip
of asphalt for this landscape buffer will be required.
3. The perimeter tree requirements shall be met.
4. The existing water retention area to the south shall be redefined and the
existing disturbed areas in and around the retention area shall be resodded.
5. The sidewalk along 7th Street shall be reconstructed. The existing curb cut
from 7th Street to the southwest corner of the property shall be eliminated.
6. This property may be used only as a convenience store operation, except as
approved by another Conditional Use Permit.
7. The conditions of this CUP shall be binding on the applicant and any heirs,
assigns or successors in title or interest.
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A motion was made by Marilyn George to recommend approval to the Ciry Council as
presented by staff, seconded by James Brown, approved by a unanimous vote.
2. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Robert Thompson and Greg Homan
LOCATION: Northwest Garner of Disston Avenue and Highland Avenue
REQUEST: A request for a Conditional Use Permit to allow the construction of
fourteen (14) townhome units in the R-3 Residential/Professional Office
district.
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 as follows:
Rick McCoy of 10670 Lakehill Drive, Clermont, Florida
Robert Thompson of 1927 Brantley Circle, Clermont, Florida
Greg Homan of 20570 Sugarloaf Mountain Road, Clermont, Florida
Mr. Harker informed the Commission that the applicant is requesting a Conditional
Use Permit for amulti-family housing project consisting of fourteen (14) townhomes
to be constructed on seven (7) lots. The proposed request is consistent with
directives of the Comprehensive Plan including designation for residential land use
indicated on the future land use map, development type and density of future land
use district designation (ERD-8}, and zoning district classification (R-3) of the subject
property. The proposed project is compatible with the surrounding land use pattern
of the area which is predominately multi-family (Clermont Sands and Woodcliff) and
commercial development.
Mr. Harker noted that the streets within the project would be privately owned streets,
however, the water retention area is to be dedicated to the public.
Mr. Harker further stated that the proposed development will not adversely impact the
existing transportation or infrastructure systems of the area. Therefore, staff
recommends approval of the project with the following 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 or additions to the CUP 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 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 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 permanent irrigation system and must be
properly maintained. The drainage and storrnwater retention requirements of
the City and the appropriate regulatory agencies shall be met, and approved by
the City Engineer. These areas shall be property maintained.
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5. The applicant shall dedicate a ten (10) foot wide right-of--way, the length of the
subject property, along Disston Street to provide compliance with the
Comprehensive Plan directives for collector road implementation standards.
6. The developer shall be responsible for the cost and installation of any required
on-site and off-site infrastructure improvements necessitated by impacts of the
project (i.e. Concurrency Management).
7. The developer shall construct a five (5) foot wide buffer/hedge along both
Highland Avenue and Disston Street in conformance with City standards. The
buffer/hedge shall be provided with a permanent source of irrigation, back-flow
prevention device and rain sensor device in conformance with Ciry and State
regulation.
8. The developer shall construct a five (5) foot wide sidewalk along both Highland
Avenue and Disston Street in conformance with City standards.
9. The developer shall provide solid waste collection pads between the sidewalk
and Disston Street as approved by the Site Review Committee.
10. The roadways and access drives within the project shall be np 'vate streets
therein becoming the responsibility of a homeowner association or other legal
entity. Construction of the streets shall be in conformance with adopted Ciry
codes and standards.
11. Stormwater data, calculations, and logistical configurations shall be approved by
the City prior to any construction activity. Positive outfall for stormwater shall
be provided as approved by the City Engineer.
12. The stormwater retention area shall be indicated on the plat with appropriate
notation for dedication to the Ciry. The side slopes of the WRA shall be
designed and constructed at 4:1 (H:~ and be sodded. The bottom of the WRA
shall be hydro-seeded with grasses appropriate for the season of the year that
planting occurs.
13. A St. Johns River Water Management District stormwater permit shall be
required and filed with the City prior to receipt of a development permit or any
development activity.
14. This permit shall become null and void if platting and 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.
Mr. Greg Homan explained to the Commission the scope of the project and noted
that condition #13 would probably not be necessary for this project.
Mr. Leonard Baird, Ciry Attorney, stated that if a stormwater permit is not needed for
this project St. John's will issue a letter of exemption.
Further discussion followed regarding the necessity of water retention areas.
A motion was made by Don Smith to recommend approval to the Ciry Council as
presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote.
3. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Robert Thompson and Greg Homan
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GENERAL LOCATION: Bounded on the west by Edgewood Place Subdivision, on
the east by Highway 27, on the south by Grand Highway
and on the north by Division Street.
REQUEST: A request for a Conditional Use Permit for a Planned Unit Development
for a proposed multi-use project to consist of two-family, multi-family
(three family) and commercial lots.
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 as follows:
V~arren P. Thomas of 661 Grand Highway, Clermont, Florida
Vt~illiam McCroskey of 631 Grand Highway, Clermont, Florida
Caroline Darling of 691 Grand Highway, Clermont, Florida
W. E. Darling of 691 Grand Highway, Clermont, Florida
John Rosich of 8710 Village Green Blvd., Clermont, Florida
Robert Thompson of 1927 Brantley Circle, Clermont, Florida
Rick McCoy of 10670 Lakehill Drive, Clermont, Florida
Greg Homan of 20570 Sugarloaf Mountain Road, Clermont, Florida
Mr. Harker informed the Commission that the applicant is requesting a Conditional
Use Permit for a Planned Unit Development in existing R-3 (Residential/Professional)
and C-2 (General Commercial Business) districts located at the northwest corner of
the intersection of Grand Highway and U.S. 27. The proposed request is consistent
with the UD-3 and UD-4 (undeveloped district) future land use district designations
and the general future land use map classifications for the proposed uses.
The Planned Unit Development is proposed to encompass 30 +/- acres of land, 25 +/-
of which will be located in Clermont. Commercial development will occupy
approximately five (5) acres of the site and will front on both U.S. 27 and Grand
Highway. The residential portion of the PUD will contain approximately fifteen (15)
acres of land area, and be developed in a mixture of two-family and three-family
residential units.
The two family lots are to occur on lots 7 thru 30 for a total of 48 units, the three
family units are to be developed on lots 1 thru 6, and 31 thru 38 to provide 42
dwelling units. Therefore, a total of 90 housing units are proposed to be constructed
within the Ciry of Clermont.
Mr. Harker further stated that staff recommends approval 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 successors in title or interest.
2. No further expansion of the use or additions to this PUD 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 OperationlReclamation 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.
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4. All ~plicable 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 permanent irrigation system and 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. All inspection costs will be borne by the applicant. This shall include final
inspection and ongoing random inspections for compliance with Conditional
Use Permits conditions.
6. Performance bonding shall be required for all infrastructure (transportation,
potable water, 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 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 is responsible for the cost of all required on-site
and off-site infrastructure improvements necessitated by impacts of the project.
7. The residential portion of the Planned Unit Development shall be permitted to
construct housing at a net density of eight (8) units per acre in accordance with
provisions of Comprehensive Plan UD-4 Future Land Use district designation.
8. In the event that construction has not began within eleven (11) months from
the date of the approval of this Conditional Use Permit the permittee, heirs or
assigns 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 Ciry 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 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 construction
operation shall be graded, dressed and stabilized, in accordance with the
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 reclaimed
areas. The retention areas shall be regraded to the original dimensions
and stabilized in accordance with plans approved by the Ciry Engineer.
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 shall be complied with. City requirements including a five
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foot landscape buffer along Grand Highway and U.S. 27 with one tree
every 50' and a permanent irrigation system are to be provided. 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 Tree Ordinance. Conversely, tree species
designated as undesirable by the City of Clermont Tree Ordinance 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
Ciry 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 construction related articles shall be removed
from the project area as part of the reclamation process. Any
construction related structures erected during the development
operation shall be dismantled and removed, unless approvals from the
appropriate authorities permit otherwise. In general, the area shall be
returned to natural conditions that are conducive to future development
and compatible with the surrounding topography.
9. The permittee shall dedicate a ten (10) foot right-of way along Grand Highway,
the length of the subject property, to provide compliance with directions of the
Comprehensive Plan for collector road implementation standards.
10. The permittee shall provide roadway extensions and associated infrastructure
improvements for both Bloxam Avenue and Division Street in accordance with
plans and specifications approved by the Site Review Committee and City
Engineer.
11. The permittee shall dedicate a fifty (50) foot wide right-of--way for a
combination frontage/reverse frontage road in conformance with Transportation
Access Management directives of the Comprehensive Plan.
12. The permittee shall complete installation of all necessary infrastructure
improvements for the combination frontagelreverse frontage road in accordance
with design, specifications and plans approved by the Site Review Committee
and City Engineer.
13. Ingress and Egress to all commercial properties shall be provided from the
frontage road in order to facilitate the purpose and intent of the
frontage/reverse frontage road concept and enhance measures for public safety
and limited access management.
14. If any of the stated conditions are violated, the applicant understands and
agrees that the City Council may revoke this Conditional Use Permit by
resolution.
15. This permit shall become null and void if platting and 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.
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Section 2.
Operation Plans (Excavation, Grading, and Reclamation) are to be
outlined for site alteration in an attached manual and submitted by the
applicant:
1. 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.
2. Density tests will be conducted at a maximum of 2 foot intervals at locations
approved by the City Engineer in order to prove compaction requirements. All
disturbed areas requiring such testing shall be compacted to 95~ density of
modified proctor.
3. 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 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.
4. Ingress/egress to the site for construction shall be from Grand Highway west of
U.S. 27. No ingress or egress of machinery or trucks shall be allowed from U.S.
27.
5. All excavated material shall be stored in a location approved by the Ciry
Engineer.
6. Stormwater retention areas shall be constructed at a maximum relief 3:1 (H:V).
The side slopes shall be sodded. The bottom of the WRA shall be hydro-seeded
with grasses appropriate for the season of the year that planting occurs. 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 and the U.S.D.A. Soil Conservation Service.
7. The commercial parcels located adjacent to U.S. 27 and Grand Highway shall be
hydro seeded and supplied with a source of irrigation that will ensure
stabilization of each lot after the initial construction stage of development has
been completed.
8. The permittee/developer shall provide both temporary and permanent grassing
to the commercial areas including fertilizer application which shall be provided
in accordance with an approved ground cover plan acceptable to the City with
advisory consultation of the U.S.D.A. Soil Conservation Service located in
Tavares.
Section 3.
General improvements for development of the site shall require the
following:
1. Sidewalks shall be required along all road frontages in accordance with adopted
FDOT and City Codes.
2. Buffering, screening and placement of approved trees shall be required in
accordance with adopted City Codes and in conformance with the approved
site and landscaping plan approved by the City Site Review Committee.
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3. All dumpster and other equipment sites shall be enclosed with masonry
structures in accordance with plans approved by the City Site Review
Committee.
4. All signage shall conform to adopted City Codes and Regulations; Off site
signage shall be disallowed.
5. Roadway improvement plans for U.S. Highway 27, Grand Highway, Bloxam
Street and Division Street, including but not limited to, access drives,
accel/decel lanes, turn lanes, traffic signalization devices, and internal signage
for the frontage/reverse frontage road shall be submitted to and approved by
the City Site Review Committee, FDOT and Lake County prior to
commencement of any development activity. If signahzation is determined
necessary pursuant to impacts of the development the total cost will be borne
by the permittee/developer.
6. Commercial display of commodities for sale shall be located within a
completely enclosed building and conform to City regulations for storage,
screening, and locational criteria for placement adjacent to the tenant structure,
unless an open air sales permit has been received and approved by the City
Manager.
Section 4.
A stormwater management plan, the following are required:
1. Permeability tests must be submitted as part of the site plan review process.
Permeabihry shall be maintained.
2. Verification of the stormwater run-off data and other assumption & calculations
must 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 shall be
required and filed with the City prior to receipt of a building permit or any
development activity.
Chairman Jack Sargent suggested that a condition be added to require Division Street
be constructed to the City of Clermonts standards.
Mr. Sargent further noted he felt a condition should be added that would require lots
1 through 6 to have a common drive on adjacent units, rather than each one having a
separate driveway.
Mr. Sargent asked in regard to Section 1 General Conditions, item #4, according to
the plan approximately 20 to 25 percent of Edgewood Lake is included, perhaps a
condition should be added that this area would be cleaned out of underbrush, etc.
Mr. Harker, noted this could be added as a recommendation, subject to agency
approval (i.e. DER, DNR, etc.).
Mr. Sargent asked if the lots in the City of Minneola would be on septic tank systems.
Mr. Harker stated the City could ask the applicant to address the City of Minneola in
regards to letting the City of Clermont provide water and sewer.
Further discussion followed regarding the layout of the roads and the provision of
water and sewer to the lots located within the Ciry of Minneola.
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Greg Homan, applicant, briefly explained the proposed project. Mr. Homan explained
that they approached the City of Minneola some time ago in regards to either
annexing the remainder of the project into the City of Clermont or that Clermont be
allowed to supply water and sewer to these lots, however, the Ciry of Minneola denied
both requests.
John Rosich, project consultant, asked for clarification on Section 1, condition #8(C),
in reference to when reforestation would be necessary.
Mr. Harker explained this condition was designed to address the potential event if the
applicant started construction and did not finish which would leave the site in an
unsitely and unusable condition. The required bond would then be utilized to
complete the proposed project or make it suitable for potential future use.
Mr. Rosich asked in reference to Section 1, item #12, when would the frontage{
reverse frontage roads need to be installed.
Mr. Harker explained that these roads would have to be installed at the same time all
other infrastructure was installed.
Mr. Homan stated they had hoped that each buyer of the commercial lots could install
the portion of the road which fronts on their respective lots.
Mr. Harker explained that the City's concern was that only a portion of the road might
get completed with this method.
Rick McCoy suggested that the monies for the construction of this road could be
included in the bond, and would therefore insure the City that the road would be
built.
Mr. Harker stated further consideration could be given to this condition by the City
Council.
Mr. Rosich, asked in reference to Section 3, item #1, if sidewalks would be required
along the frontage road.
Mr. Harker stated he did not feel sidewalks would be necessary along the frontage
road which would be commercial lots. Sidewalks would be required in the residential
section of the subdivision and along Grand Highway and U.S. Highway 27.
Further discussion followed regarding the installation of sidewalks along Highway 27.
Mr. William McCroskey, of 631 Grand Highway, expressed his opposition of the
project, due to the high density of the project and the possible environmental
problems with the proposed site. Further stating he felt the project would lower the
property values in the area the potential for traffic and pedestrian problems.
Mr. William Darling, of 691 Grand Highway, expressed his concern for the provision
of stormwater run-off, due to the large amount of impervious surface that would be
created, and the high density of the project.
Mr. Warren Thomas, of 661 Grand Highway, also expressed his concern for the
provision of stormwater retention, the appearance and the density of the project.
Mr. Homan, explained that the developers are trying to develop this project according
to the Cirys' Comprehensive Plan. The Future Land Use District for this property
designates this density for this area, no zoning change has been requested, in fact the
development will be of a lower density than what is allowed for this area.
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Mr. Homan further noted that provisions for water retention is also included on the
site plan, this water retention area will consist of approximately three acres. This WRA
has been designed to handle the entire project.
Several residents of the area expressed their concern that two story buildings along
Grand Highway would obstruct the view that they presently enjoy.
After further discussion a motion was made by Don Smith to recommend approval to
the City Council as presented by staff with a strong recommendation that the City of
Clermont officially approach the City of Minneola to provide sewer service to Lots 1
through 10 in the City of Minneola, with or without water service. Mr. Smith further
recommended that the Ciry Council give special consideration to restricting the
development on Lots 1 through 6, abutting Grand Highway, as far as curb cuts,
building heights and the density of the individual lots is concerned. This motion was
seconded by Bonnie Kranz.
James Brown stated that in his opinion this development was too much for this
particular area at this time.
Further discussion followed.
The motion was moved, and approved by a vote of 5 to 1, with James Brown voting
nay.
There being no further business the meeting was adjourned.
ATTEST:
o
Shaw, Planning Technician
John N. Sargent, Chairm
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