Loading...
09-01-1992 Regular Meeting• • MINUTES PLANNING & ZONING COMMISSION September 1, 1992 The meeting of the Planning & Zoning Commission was called to order Tuesday, September 1, 1992 at 7:30 P.M. by Chairman John Sargent. Members present were Don Smith, James Brown, Bonnie Kranz, Joseph Janusiak, Wendell McDannel and Marilyn George. Members Adelbert Evans and Joseph Wiebush were absent. Also attending were Lanny Harker Director of Planning and Mimi Shaw Planning Technician. MINUTES of the meeting held July 7, 1992 were approved as presented. NEW BUSINESS: 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Enrique and Araceli ltangel LOCATION: 191 West Broome Street REQUEST: To operate a day care center in the C-1 (Light Commercial District). Mr. Harker informed the Commission that the applicant is requesting a CUP to operate a day care center at the former Jehovah Witness Church which is situated at the southeast corner of west Broome Street and Second Street. The property is zoned C-1 Light Commercial, but will allow for this use with a CUP. Mr. Harker further noted that the site is located in a multiple land use type area of the City that is a mixture of commercial, recreational and single family residential use. Both the Existing Land Use District (NED-3) and Zoning District classification (C-1) indicate the proposed use is compatible with future planning activities designated for the area. Staff recommends approval subject to the standard Conditional Use Permit conditions and the following additional conditions: 1. All of the improvements required by the Fire Marshall must be met prior to issuance of a certificate of occupancy. 2. All of the requirements of other regulatory agencies concerning day care or pre- school facilities must be met. All required improvements must be completed prior to issuance of a certificate of occupancy for the requested use. 3. Within twelve (12) months of receipt of a certificate of occupancy, standard sidewalks shall be constructed by the applicant along both Second Street and Broome Street the length of the grantees property. 4. A minimum of eight (8) paved parking spaces shall be provided in conformance with required Ciry Code. An additional ten (10) mulch parking spaces may be provided for teacher use as indicated on the submitted site plan. After further discussion a motion was made by Wendell McDannel to recommend approval to the Ciry Council as presented by staff, seconded by Marilyn George, approved by a unanimous vote. 1 • 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Clermont Regional Center, Inc. LOCATION: Vacant property north of Highway 50 and east of Grand Highway. REQUEST: A Planned Unit Development (PUD) to construct a shopping center. Mr. Harker noted that this is the third time an application for a CUP has been considered on this parcel for this use. Recognizing that staff has recommended approval of this use at this site the prior two times, based on surrounding land use, surrounding zoning and other criteria, staff once again recommends approval subject to the following conditions: Section 1 General Conditions 1. 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. 2. No further expansion of the use or additions to this facility shall be permitted except as approved by another Conditional Use Permit. 3. All applicable rules and regulations shall be met, including but not limited to, final site plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks. All required landscaping must be served with a 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. 4. 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. 5. 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 Ciry Engineer. The Ciry shall then determine the bond amount in accordance with adopted City Code regulations. 6. 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 in title shall provide complete reclamation of the site. Reclamation shall be performed in conformance with the reclamation plan (as required in Section 1, Item 1) approved by the City Engineer, and in accordance with accepted best management practices (BMP) designated by publications of the U.S.D.A. Soil Conservation Service and St. Johns River Water Management District. The minimum reclamation plan shall address the following characteristics: A. Objective -The primary objective of the reclamation plan is to provide for a final project site which is conducive to future development, compatible with the surrounding topography and approximates pre- filling surface water drainage characteristics without subsequent erosion. 2 • • 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 1). B. Grading and stabilization -All areas disturbed during the filling operation shall be graded, dressed and stabilized, in accordance with the approved reclamation site plan (as required in Section 1, Item 1) and the S.C.S. recommendations. Topsoil from the site shall be stockpiled and applied as the final soil cover material for all reclaimed areas. Final sideslopes shall not exceed an incline of 4:1 (H:~. The retention areas shall be regraded to the original dimensions and stabilized unless another approved site plan for the future development dictates otherwise. C. Landscaping and reforestation - Within 30 days of the expiration of the Conditional Use Permit, all areas of the subject site shall be seeded and mulched, or sodded, as required to control erosion and prevent the creation of washes, rills, gullies, etc. All site areas shall also be seeded with a quick growing grass species which will provide an early cover during the season in which it is planted, and will not later compete with the permanent grassing. All Ciry of Clermont landscape and tree requirements for commercial properties shall be complied with. Ciry requirements including a five foot landscape buffer along Grand Highway and SR 50 with one tree every 50' and a permanent irrigation system are to be provided. All reforestation operations shall provide a minimum density of 20 trees per acre. Acceptable tree species shall include but not be limited to any hardwood species 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 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 construction related articles shall be removed from the project area as part of the reclamation process. Any structures erected during the filling operations 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. 7. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by resolution. 8. This permit shall become null and void if substantial work has not begun within one (1) year of the date of issuance of this Conditional Use Permit. Section 2. Operation Plans (Excavation, Grading, and Reclamation) are to be outlined for site alteration in an attached manual and submitted by the applicant: 3 • • 1. Geotechnical information regarding the soil to be placed on the property must be submitted. This information will be required before a development permit is issued. 2. Density tests will be conducted at a maximum of 2 foot intervals in order to prove compaction requirements. Fill shall be compacted to 95% density of modified proctor. 3. The applicant shall submit a detailed excavation, grading and erosion control plan for the entire site during the site plan review process which must be approved by the City Site Review Committee prior to initiation of development activity. 4. Prior to any site development activity the boundary of the designated 100-year flood plain shall be physically delineated. Upon formal delineation, silt barriers and hay bales shall be utilized for protection of all identified flood plain areas. Encroachment in any manner shall be disallowed. 5. Noise levels shall not exceed those recommended by F.D.E.R. Vibratory compaction shall be limited to the hours of 8:00 A.M. to 6:00 P.M. Monday thru 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 thru Saturday. Heavy Equipment or heavy machinery engines will not be started earlier than 7:00 A.M. 6. A dust abatement plan shall be submitted to the Ciry detailing measures to be taken in eliminating the migration of dust particles from the site. The plan must specifically outline those measures recommended by F.D.E.R. 7. Ingress/egress to the site for construction shall be from Highway 50 east of Quinsy's Restaurant. No ingress or egress of machinery or trucks shall be allowed on Grand Highway. 8. A DOT permit will be required and filed with the Ciry for fill activity along Highway 50 right-of--way prior to issuance of a Development Permit by the City. 9. The applicant will be required to maintain swales or other acceptable erosion protection along the existing temporary haul road which runs between Jacks Lake north and south in the event the roadway is utilized for soil delivery to the property. This work will be inspected and approved by the City Engineer prior to any fill activity being conducted. 10. All excavated material shall be stored in a location approved by the Ciry Engineer. 11. Any areas being modified to a slope of three (3) horizontal to one (1} vertical (3:1), such as water retention areas, shall be sodded. Any areas being modified to a slope of 2:1 or greater than two (2) horizontal to one (1) vertical (2:1) shall be stabilized with an approved geotechnical system and then sodded with a long-stemmed grass species appropriate for prevention of erosion according to standards acceptable to and approved by the Ciry and the U.S.D.A. Soil Conservation Service. 12. All disturbed slopes in the fill areas shall be planted with a mixture of approved trees, at a ratio to be agreed upon by the Site Review Committee and the developer, based upon advisory consultation of the USDA Soil Conservation Service. 4 • • 13. The permittee/developers shall provide both temporary and permanent grassing including fertilizer application which shall be provided in accordance with an approved ground cover plan acceptable to the City with advisory consultation of the U.S.D.A. Soil Conservation Service located in Tavares. 14. The out-parcels located at the southeast corner of the site shall be hydro seeded and supplied with a constant source of irrigation that will ensure stabilization of each outparcel. Section 3. With regards to a stormwater management plan, the following are required: 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 must be provided and approved by the Ciry Engineer prior to any development activity. 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. 4. Final disposition of stormwater outfall shall be to the existing south pond portion of Jack's Lake. Section 4. With regard to the general improvements/landscaping of the site, the following shall be required: Sidewalks shall be required along all road frontages in accordance with adopted FDOT and City Codes. 2. Buffering and screening shall be required from all abutting uses in accordance with adopted Ciry Codes and in conformance with the approved site and landscaping plan approved by the City Site Review Committee. Trees shall be spaced at no less than fifty (50) feet intervals along the east and north buffer strips on the site. 3. All dumpster and other equipment sites shall be enclosed with masonry structures in accordance with plans approved by the Ciry Site Review Committee. 4. A site lighting plan shall be submitted and approved that shall ensure all lighting is directed upon the site and does not adversely impact abutting properties. 5. Architectural finish and unobstructed roadway design plans for the rear of the commercial center shall be submitted and approved to ensure aesthetic and public safety considerations are not adversely impacted. 6. All signage shall conform to adopted Ciry Codes and Regulations; Off site signage shall be disallowed. 7. Roadway improvement plans for State Road 50, Grand Highway, and the commercial site, including but not limited to, access drives, accel/decel lanes, 5 • • turn lanes, traffic signalization devices, and internal signage and traffic movement lanes shall be submitted to and approved by the City Site Review Committee, FDOT and Lake County prior to commencement of any development activity. If signalization is determined necessary prior to any development on the south side of Highway 50 utilizing the signalization, total cost will be borne by this developer. Should development occur on the south side of Highway 50 which warrants signalization at that time, this developer shall pay a pro rata share based on traffic counts. 8. The permittee/developer shall construct an internal traffic connection link the length of the shopping center parking lot, adjacent to S.R. 50, that provides direct transportation access between the two (2) designated outparcels on the southeast portion of the shopping center site with the existing ingress/egress lanes presently constructed at the southeast corner of the Quinsy's site. 9. The permittee/developer shall provide a minimum of 796 parking spaces for the commercial center. The parking spaces to be allocated for the Kmart store may be 9' x 20' and double-striped, however, all remaining spaces shall be the standard 10' x 20'; all spaces shall be designed and built in conformance with adopted City Codes and Regulations. 10. The existing billboard located on the out parcel shall be removed prior to issuance of a certificate of occupancy. 11. Commercial oriented laundry service uses shall be disallowed on the site. 12. Commercial display of commodities for sale in the shopping center shall be located within a completely enclosed building and conform to Ciry 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. 13. The permittee agrees to dedicate twenty (20) feet of right-of--way the length of the site adjacent to Grand Highway for conformance with adopted collector roadway standards. 14. The northern most ingress/egress driveway shall be directly aligned with Almond Street. Mr. Harker explained that the major changes to the site plan are 1) the previous site plan included 23 acres and this site plan now covers a little more than 25 acres and 2) the previous submittal was for approximately 174,000 square feet of building area and this submittal is approximately 190,000 square feet including the out-parcels. Mr. Harker further noted that no formal site review meetings have been held for this new submittal. Item #6, Section 1 has been added to insure the reclamation of the site does occur if development has not begun on this site within eleven months. Mr. Sargent questioned if the access between Quinsy's Restaurant and the shopping center had been changed from the previous submittal. Mr. Harker stated this had been changed. The two prior submittals had ingress/egress from Grand Highway just north of Quinsy's, this no longer exists. Staff has therefore asked that the Quinsy's parking lot be connected to the two outparcels as was the original intention when Quinsy's was built. Again, staff has not had the opportunity to meet with the applicant to discuss these issues. Ron Henson, representative of Design Service Group, explained the various changes to the revised site plan. 6 • • Further discussion followed regarding parking requirements and the archetictual views. Mr. Henson noted that there were two conditions of the CUP that the developer has a concern with. The first being item #8, Section 4, which would require the developer to link the shopping center parking lot to the Quinsy's restaurant parking lot. The reason for the concern with this is that there is an eighteen (18) foot grade difference from the back of the Quinsy's property to the parking grade. A ramp would therefore be required approximately 250 feet long in order to provide an acceptable grade. This would require a lot of additional expense for not only fill dirt but also a retaining wall. Both of the major tenants have also expressed their concern that if the parking lots were linked together some of their parking spaces would be utilized by the patrons of Quinsy's (i.e. RV's, tractor trailers, etc.) Mr. Norman Rossman, developer, introduced himself to the Commission. Mr. Rosman reassured the Commission that a shopping center would be built on this site within the eleven months stipulated within the CUP. Further discussion followed regarding the connection between the parking lots. A motion was made by Joseph Janusiak to recommend approval to the Ciry Council with the conditions as recommend by staff and stressed that some additional attention be given to vehicular access between this project and the Quinsy's restaurant site. Seconded by Marilyn George, approved by a unanimous vote. There being no further business the meeting was adjourned. (, t John N. nt, Chairm ATTEST: '~ Mimi Shaw, Planning Technician 7