04-07-1992 Regular Meeting• •
MINUTES
PLANNING & 20NINa COMMISSION
April 7, 1992
The meeting of the Planning & Zoning Commission was called to
order Tuesday, April 7, 1992 at 7:30 P.M. by Chairman John
Sargent. Members present were Don Smith, Joseph Wiebush, Marilyn
George, James Brown, Bonnie Kranz and Joseph Janusiak. Members
Wendell McDannel and Adelbert Evans were absent. Also attending
were Lanny Harker Director of Planning and Mimi Shaw Planning
Technician.
MINUTES of the meeting held March 3, 1992 were approved as
presented.
NEW BUSINESS:
1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Miracle Church of God
LOCATION: 1038 School Street
REQUEST: Expand existing church in the R-2 Medium Density
Residential District.
Mr. Harker explained to the Commission that this request had
previously been submitted and approved, however, the Conditional
Use Permit was not signed and returned and has therefor become
null and void. The request is to expand an existing church
located at 1038 School Street. The existing church is a single
story structure of 1232 square feet. The proposed addition is
for restroom facilities of approximately 280 square feet as shown
on the enclosed site plan. The applicant's submittal includes an
explanation covering the need for the expansion.
Staff recommends approval with the following conditions in
addition to the standard conditions:
1. Landscape buffer to be installed according to code
within 18 months (October 1993) which would include
perimeter hedge and tree requirement with irrigation.
2. Required on-site parking may be grass but must be
delineated. Driveway to be paved with adequate water
retention provided.
3. Structure is to be inspected by Fire Marshall for life
safety requirements, all requirements must be met prior
to any expansion.
4. Structure is to be inspected by the Building Inspector
and a new Certificate of Occupancy issued prior to any
expansion. All building code violations must be
corrected prior to any expansion.
A motion was made by Joseph Wiebush to recommend approval to City
Council as presented by staff, seconded by Joseph Janusiak,
approved by a unanimous vote.
2. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: South Lake Hospital District
LOCATION: Northeast corner of Seventh Street and Juniata Street.
REQUEST: To construct a Medical Office Building of approximately
8,256 square feet.
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Mr. Harker explained that the two existing houses and the duplex
on the site would be demolished. The existing medical office
building on the corner of Seventh Street and Desoto Street would
remain.
Mr. Harker further explained that the proposed use, construction
of approximately 8,200 square feet of additional Professional
Office space, is consistent with existing zoning district
regulations (C-2/CBD and R-3), the land use district
classifications (NED-2 and EBD-1), and directives of the adopted
comprehensive plan which encourages professional office
development in and adjacent to the Central Business District.
Staff recommends approval of
historic, professional office
demonstrated compliance with
use designation of the area.
the standard conditional use
additional conditions:
the proposed use based upon the
related nature of the site and
both existing zoning and future land
Approval of the use is subject to
permit conditions and the following
1. The applicant shall install five (5) foot wide sidewalks
along both Desoto and Juniata Streets, the length of the
applicants property, in accordance with adopted City
regulations.
2. The property may be used only as professional offices. No
other business operation may be conducted from this
facility.
3. The applicant may develop the facility in phases; however,
the final, approved site plan shall indicate the phasing
sequence. All requirements for parking, drainage,
landscaping, etc., for each phase shall be completed to the
satisfaction of the City engineer prior to the initiation of
construction for any subsequent phases.
4. The applicant may utilize nine (9) feet by eighteen (18)
feet, double striped parking spaces upon submission and
approval of a parking variance granted by the City Council.
A motion was made by Marilyn George to recommend approval to City
Council as presented by staff, seconded by Bonnie Kranz, approved
by a unanimous vote.
3. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Pizzuti Equities Inc.
LOCATION: Vacant property north, east, and north east of Quincy's
Restaurant.
REQUEST: A Planned Unit Development (PUD) to construct a
shopping center.
Mr. Harker informed the Commission that this PUD request had been
resubmitted due to a new developer taking over the project. The
new site plan has very minor modifications from the one
previously approved.
Staff is once again recommending approval (subject to the
conditions listed below). The conditions of the CUP have
basically stayed the same with the exception of the requirements
for the planting of trees on the east side of the property. Staff
has now asked that the trees be set on fifty foot centers.
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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.
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 City
Engineer. The City shall then determine the bond amount in
accordance with adopted City Code regulations.
6. 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.
7. 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, Gradinq, and Reclamation) are
to be outlined for site alteration in an attached manual and
submitted by the applicant:
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.
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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 City
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 Quincy'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 City 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 prior to
any fill activity.
10. All excavated material shall be stored in a location
approved by the City 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
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 U.S.D.A. Soil Conservation Service.
12. All disturbed slopes in the fill areas shall be planted with
a mixture of approved conifer trees, to be determined at the
time of Site Review, at a ratio of two hundred (200) per one
(1) acre (200:1) .
13. Both temporary and permanent grassing including fertilizer
shall be done in accordance with an approved plan acceptable
to the City and the U.S.D.A. Soil Conservation Service
located in Tavares.
14. The out-parcel located at the southeast corner shall be
hydro seeded and supplied with a source of irrigation.
Section 3.
With regards to 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.
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2. Verification of the stormwater run-off data and other
assumption & calculations must be provided and approved
prior to any development activity.
3. A St. John's River Water Management District stormwater
permit will 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:
1. 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 City 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 City 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 City 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, 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.
8. The permittee shall provide a minimum of 685 parking spaces
for the commercial center. The parking spaces to be
allocated for the Kmart store may be 9' x 18' 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.
9. The existing billboard located on the out parcel shall be
removed prior to issuance of a certificate of occupancy.
10. Commercial oriented laundry service uses shall be disallowed
on the site.
11. 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.
12. The northern most ingress/egress driveway shall be directly
aligned with Almond Street.
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Mr. Ron Henson, with Design Service Group, was present to
represent Pizzuti Development. Mr. Henson noted that there has
been very minor changes in some of the retail shops and the
access from SR 50 has also been slightly changed. FDOT has now
decided to allow the construction of a median opening. The
entrance off of Grand Highway has now been aligned with Almond
Street.
Mr. Henson stated, in regard to Section 2, Item 12 of the
conditions, the ratio of 200 trees per acre would be unnecessary
when the trees reach maturity. The applicant would rather place
trees at forty (40) foot centers.
Mr. Ron Finser, resident, asked what would be done with the
existing clay road on the north side of this property.
Mr. Henson, explained that this dirt road would be removed.
Mr. Kevin Dority, representative of Quincy's, asked if the
shopping center parking lot would be connected with Quincy's
parking lot.
Mr. Henson noted that they would connect the parking lots with
Quincy's consent.
Mrs. Kathleen Finser, resident, asked what would be done about
the existing elevation, as the area shown on the site plan for
the Kmart store is currently approximately fifteen feet lower
than the remainder of the site.
Mr. Henson explained that these areas would all be leveled off.
Mr. John Garzia asked what type of ground cover would be used at
the rear of the center.
Mr. Henson noted this would be a type of long blade grass that
stays green almost year round.
Marilyn George asked why the ratio of 200 to 1 was made for the
trees.
Mr. Harker explained that this was based on about fifteen foot
centers if every tree were to live. However, there is normally a
survival rate of about sixty percent, this would figure out to
about thirty-six foot centers.
Ms. George, asked if a stipulation could be added that would
require the developer to maintain the trees at forty foot
centers.
Mr. Harker noted this could be added as a stipulation if the
Commission wished to recommend this to City Council.
Don Smith asked if the use of the pine trees was due to the
retention areas.
Mr. Harker stated this was a consideration in both retention and
stabilization purposes.
Further discussion followed regarding the use and density of the
pine trees.
Mr. Sargent stated in reference to Section 4, Item 7, that he
felt the developer should be required to post a bond or some type
of assurance that once the traffic signalization is necessary,
this would be an expense of the developer.
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Mr. Henson explained that FDOT would not allow a signal to go at
the intersection of Grand Highway and SR 50, due to safety
considerations with the close proximity of the on/off ramps of
Highway 27. FDOT did state that a traffic signal could be
considered at the eastern entrance on SR 50 after the center was
built and a traffic study had been completed. They will no
longer consider projected traffic counts.
Mr. Smith noted that the state generally requires any traffic
signals within the City limits to be paid for and maintained by
the City, unless we do as Mr. Sargent suggested and include the
requirement of a bond by the developer which would take care of
this cost in the future. FDOT would possibly look more favorably
on a traffic signal at this location if and when some type of
development were to take place south of this location.
Steve Ivins, representative of Pizzuti, noted that it would be in
the developers best interest to place a traffic signal at this
location. However, at this point FDOT will not permit it.
A motion was made by Don Smith to amend Section 4, Item 7 to
include the posting of a bond or some other type of mechanism for
the developer to participate in the cost of signalization at this
site when it is deemed necessary by the City and FDOT. Seconded
by Marilyn George.
Discussion of the motion followed.
Mr. Henson asked if this could be changed to "the developer will
pay their pro rata share of signalization", due to the fact that
the parcel to the south could be commercially developed.
Don Smith modified the motion to include the wording "pro rata
share", seconded by Marilyn George, the addendum was approved by
a unanimous vote.
A motion was made by Marilyn George to amend Section 2, Item 12
of the conditions by deleting the actual number of trees required
and adding "at a ratio to be agreed upon by the Site Review
Committee and the developer, with the advice of the United States
Department of Agriculture Soil Conservation Service", seconded by
James Brown, the addendum was approved by a unanimous vote.
Mr. John York, city resident, expressed his concerns regarding
the potential traffic problems and the environmental impact of
the center on this particular site. Further stating he would
like the Commission to recommend denial of this application to
the City Council.
Don Smith noted for the record that he shared the same
apprehensions as Mr. York, however, too much preparation and
filling has taken place on the site at this point to stop the
development.
A motion was made by Don Smith to recommend approval of this
request to City Council as presented by staff and with the
changes made by this Commission to Section 2, Item 12 and Section
4, Item 7, seconded by James Brown, approved by a unanimous vote.
4. REQOEST FOR REZONING
APPLICANT: JOKA Properties, Inc.
LEGAL DESCRIPTION: Lot 127, Clermont Heights and Lots 11, 12 and
W 1/2 of Lot 10, Fairview Place.
GENERAL LOCATION: Southeast corner of Disston Ave. and Almond St.
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REQUEST: To change the zoning on Lot 127 Clermont Heights from
R-3 (Residential/Professional Office) to C-1 (Light
Commercial) or C-2 (General Commercial) and Lots 11, 12
and W 1/2 of Lot 10 Fairview Place from R-2 (Medium
Density Residential) to R-3 (Residential/ Professional
Office).
Mr. Harker informed the Commission that the request was to rezone
what is currently R-2, being the west 1/2 of Lot 10 and Lots 11
and 12 to R-3 and to rezone Lot 127 from R-3 to C-1 or C-2.
Staff recommends the following:
a) The west 1/2 of Lot 10 and Lots 11 and 12 are
recommended to be rezoned from R-2 (medium density
residential) to R-3 (residential/professional).
Staff feels this would then be consistent with the
permitted uses presently occurring both to the south of
this site (which is the Willows) and to the west of
this site (which is a mixture of single family and
duplexes).
b) Staff recommends denial of rezoning Lot 127 from R-3 to
C-1 or C-2.
This recommendation is based upon the existing land use
pattern of the area and recognition that the
intersection of Disston Avenue and Almond Street is the
conclusion of a transitional pattern of development
from higher intensity commercial land use to less
intensive residential oriented uses.
Tom Dougherty, President of JOKA properties, noted that his
reason for requesting the rezoning on Lot 127 to C-1 or C-2 is
that this would allow him to also have personal service
establishments, which are not allowed in R-3. Mr. Dougherty
further noted that there are currently many other areas of the
City which have R-2 zoning abutting C-1 and C-2 zones.
Don Smith asked the applicant if his proposed use could be
accomplished in the R-3 zoning district.
Mr. Dougherty stated that it could not, R-3 only allows
professional offices, it does not allow personal services.
Mr. Smith asked staff to clarify the reasoning for granting only
a portion of the request.
Mr. Harker explained that the C-1 zoning allows a spectrum of
retail business. The R-3 zoning would allow professional offices
which is the use the applicant had previously requested, however,
it would still require a conditional use permit and would
therefore be required to come before this Commission and the City
Council. If this property is rezoned to C-1 a CUP would not be
required.
Mr. Dougherty noted that in the C-1 district a CUP is still
needed for buildings over 3,000 square feet, and he would
therefore still be required to apply for a CUP.
A motion was made by Don Smith to recommend to the City Council
denial of the entire request, seconded by James Brown. Motion
defeated 5-2. Voting nay were Jack Sargent, Marilyn George,
Joseph Wiebush, Joseph Janusiak and Bonnie Kranz. Voting yea were
Don Smith and James Brown.
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A motion was made by Don Smith to recommend to the City Council
approval of the request to rezone Lot 127 to C-1 and the west 1/2
of Lot 10 and Lots 11 and 12 to R-3, seconded by Bonnie Kranz,
approved by a unanimous vote.
There being no further business the meeting was adjourned.
Joh Sargen , Chairman
ATTEST:
Mi i Shaw, Planning echnician
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