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.
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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.
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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:
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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.
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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,
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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.
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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
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