No preview available
06-06-1989 Regular Meeting• • CITY OF CLERMONT MINUTES PLANNING & ZONING COMMISSION MEETING JUNE 6, 1989 The regular scheduled meeting of the Planning & Zoning Commission meeting was called to order on June 6, 1989 at 7:30 p.m. by Chairman John N. Sargent. Members attending were Marilyn George, Don Smith, Curt DiCamillo, Rob Mitchell, Cecil Smart, Bonnie Kranz, and James Brown. Member Adelbert Evans was excused. MINUTES of the May 2, 1989 meeting were approved as presented. NEW BUSINESS CONDITIONAL USE PERMIT Applicant: Turner & Associates (Clermont Plaza) 9570 Nesbit Ferry Road Suite 101 Alpharetta, Georgia 30301 Location: NW corner of the Intersection of US 27 and Highland Avenue. Request: To construct a 75,257 sq. ft. shopping center Mr. McAllister informed the Commission that the proposed project had been screened at a Site Review meeting held May 24, 1989. The main issues of concern emerging from that meeting were Utilities Service and Traffic Control. City Engineer John Springstead and Utilities Director Preston Davis suggested the following conditions be added to the requirements of the Conditional Use Permit All Utilities will be constructed in accordance with the City engineer's recommendations. A deceleration lane and acceleration lane will be constructed on northbound US 27. Acceleration lane and a deceleration lane will be constructed on southbound US 27 at the project's main entrance. The existing left turn lane southbound on US 27 at Highland Avenue will be constructed into an acceleration lane northbound onto US 27. Mr. McAllister also expressed concern regarding traffic circulation, and pointed out the plan as presented indicates three access points into the shopping center, the main entrance being from US 27. Mr. McAllister stated it was staff's opinion that this area lacked adequate sight distance for safe and efficient turning movements into and out of the proposed center. Mr. McAllister suggested that crossover movements into the center would best be served at the intersection of Desoto Street and US 27. Mr. McAllister also suggested that Highland Avenue and Desoto Street would be come the most convenient means of access for many residents and recommended that Desoto Street be constructed with an entrance to service the proposed center. Mr. McAllister stated in reviewing these concerns with the applicant, it was their feeling that it would be not be financially feasible for them to absorb the cost of constructing Desoto Street and suggested a joint venture with adjacent property owners 1 • • sometime in the near future. Mr. McAllister suggested the following condition: 1. The applicant shall construct Desoto Street as part of Phase II; or in conjunction with development to the north; or, no later than two years from the date of issuance of this Conditional Use Permit, whichever of the three occurs first. The applicant will be reimbursed for 50 percent of the costs associated with the construction of Desoto Street either by the City or other development required to construct a portion of Desoto Street. Mr. McAllister referred to a letter received from the applicant requesting the construction of Desoto Street have a cost split of 1/3 City, 1/3 applicant, and 1/3 developer. Mr. McAllister stated staff did not feel the City should be responsible for the cost of a development related impact. Cecilia Bonifay, attorney for the applicant, was present and stated the project as present showed the main access to the center off of US 27, and not an impact on City Streets. Therefore her clients should not be responsible for the cost of a city improvement. Mrs. Bonifay requested that a ceiling amount be established, and that a Developer's Agreement be outlined to specifically define the responsibilities of the applicant regarding monies due, construction time frame and phasing. Mr. McAllister agreed with the need for a Development Agreement and stated one would be drafted to addressed these concerns. Members Smith and Smart stated their opposition to the main access being off of US 27, both suggested that many residents would use Highland Avenue, and Desoto Street if available, for access. Mr. Smith suggested the bulk of shoppers using the proposed US 27 entrance would be non-residents. Mr. Smith stated he felt future commercial growth along US 27 would require the speed limit to be reduced and suggested that would be the time to consider a possible cut off of US 27. Mr Smith also suggest signage could indicated a main entrance on Desoto Street. Mr. McAllister addressed the concerns of landscaping and pointed out the need to buffer the residential neighborhood and the Clermont Junior High from the visual impacts of a commercial development. Mr. McAllister pointed out that the Landscape Ordinance requires the construction of a fence, wall or some sort landscaped buffer. Mr. McAllister suggested the following condition: 2. A six foot wooden fence shall be constructed along the entire western boundary five feet inside the property line. Random plantings shall be placed at key locations between the fence and the property line to buffer the adjacent residential land uses. The loading area located on Highland Avenue will also be buffered. All landscaped areas will be equipped with permanent irrigation. All other requirements of the City Landscape Code shall be adhered to. Mrs. Bonifay stated she felt her client was being asked to go beyond the requirements of the Landscaping Ordinance by being 2 • • required to construct a fence and maintain a landscape buffer with an irrigation system. Mrs. Bonifay stated it was her understanding that the Landscape Ordinance required either/or but not both. Mr. Smith and Mrs. George stated their concerns regarding the possibility that a five (5) foot area between the fence and property line would attract debris and become a nuisance for the developer to maintain. Mr. Smith stated it would be easier for the applicant to cultivate any landscape buffer if it were planted on the inside of the fence. Wayne Saunders City Manager stated staff was suggesting the fence as an additional condition to this request and clarified that the ordinance requires that the fence be placed a minimum of 5 feet from the property line. Mr. Saunders pointed out that random planting with irrigation between the fence and the property line creates a more desirable appearance especially for abutting home owners. Mr. Smith suggested that a chain link fence would be easier to maintain and that a fence on the property line would allow easier maintenance of any trees or hedges. Mr. Saunders strongly suggested that the Commission consider wood fencing rather than the chain link, stating either would be a maintenance concerns, but pointed out that a wood fence with outside buffering would be aesthetically more desirable. After further discussion the following condition was suggested: A visual screen shall be provided on the west side of the property and fence be constructed along Highland Avenue with a 5' setback. Mr. McAllister recommended approval of this project subject to the following additional conditions: 3. Total loading zone area shall be no less than 500 square feet per 10,000 square feet of floor area as required by the City Zoning Code. Loading Zone shall be a 10~ x 50~ square foot area. Mr. McAllister pointed out that the current plan is short of the above stated requirement and the applicant would resubmit plans with a revised loading area. 4. A sidewalk along Highland Avenue will be constructed as part of Phase I. Phase II will include a sidewalk along Desoto Street. Mr. Sargent request that the condition specify either the north or south side of Highland Avenue. Mr. McAllister stated the sidewalk will be required on the north side of Highland. 5. A complete phasing plan will be submitted to city staff as part of the final site plan review process. Any deviations from this plan will require an amendment to the Conditional Use Permit. 6. All utilities will be constructed in accordance with the City engineers recommendations. Mrs. Bonifay stated the sizing, and location of the utilities were very important, but felt very uncomfortable about agreeing to the 3 • • condition as stated. Mr. McAllister pointed out the that neither City Engineer John Springstead nor Utilities Director Davis were present and the stated condition was drafted during the site review process. Mr. McAllister stated he did not feel it would be proper to change the suggested condition without the input of City Engineer John Springstead or Utilities Director Preston Davis. Mr. McAllister pointed out the condition as stated would allow the applicant and staff to address this matter during future site reviews. Commission member Rob Mitchell suggested that the condition be clarified with specifics or to state that the utilities be constructed in accordance with an approved site plan. 7. A deceleration lane a acceleration lane will be constructed on northbound US 27. Acceleration lane and a deceleration lane will be constructed on southbound US 27 at the projects main entrance. The existing left turn land southbound on US 27 at Highland Avenue will be constructed into an acceleration lane northbound onto US 27. Mrs. Bonifay suggested that the Department of Transportation be consulted regarding the feasibility of the above condition. Mr. McAllister stated staff would be willing to work with the Department of Transportation on any necessary improvements, but emphasized City's required improvements would have to be addressed. Mr. Smart suggested that the above condition be deleted. Mr. McAllister stated the developer should have some type of access from US 27 and suggested restricting such access would create an unnecessary hardship on the developer. Mr. Mitchell suggested a provision that would close the entrance on US 27 when Desoto Street is constructed. Mr. Dicamillo felt closing the US 27 entrance would be unfair to the developer. Mr. Smith pointed out closing the US 27 access would force additional traffic onto Highland Avenue. 8. Existing billboard on site shall be removed before a Certificate of Occupancy is issued. Mrs. Bonifay stated her staff was presently investigating the lease on the sign and would work with staff regarding this condition. 9. The cost of any improvements required by the Department of Transportation will be that of the applicants. Mrs. Bonifay requested that some sort of credit provision be worked out if the applicant is required to participate in the cost of constructing a protion of Desoto Street. Mr. McAllister informed the Commission that any types of credits would have to be worked out through the appropriate county or state agencies. Mr. McAllister also advised the Commission of a variance request also associated with this project regarding the size of parking spaces, would be heard by the City Council on June 13, 1989. 4 • After a further discussion a recommend to the City Council following conditions: u motion was made by Rob Mitchell to approval of this request with the 1. The applicant shall construct Desoto Street as part of Phase I. Construction shall start no later than two years from the date of issuance of this Conditional Use Permit. The applicant will be reimbursed for 50 percent of the costs associated with the construction of Desoto Street either by the City or other development required to construct a portion of Desoto Street. A Developer Agreement will be negotiated during the site review process . 2. A visual screen shall be provided on the west side of the property and fence be constructed along Highland Avenue with a 5~ setback. 3. Total loading zone area shall be no less than 500 square feet per 10,000 square feet of floor area as required by the City Zoning Code. Loading spaces shall be 10' x 50~. 4. A sidewalk along the north side Highland Avenue will be constructed as part of Phase I. Phase II will include a sidewalk along the south side of Desoto street. 5. A complete phasing plan will be submitted to city staff as part of the final site plan review process. Any deviations from this plan will require an amendment to this Conditional Use Permit. 6. All utilities will be constructed in accordance with the City Engineers recommendations and in accordance with an approved site plan. 7. A deceleration lane and a acceleration lane will be constructed on northbound US 27. Acceleration lane and a deceleration lane will be constructed on southbound US 27 at the projects main entrance. The existing left turn lane southbound on U3 27 at Highland Avenue will be reconstructed into a acceleration lane northbound onto US 27. The median cut on Highway 27 will be abandoned after the construction of Desoto Street. 8. The existing billboard on the site shall be removed before a Certificate of Occupancy will be issued. 9. The developer will be responsible for any costs that occur as a result of any Department of Transportation (DOT) requirements. The motion was seconded by Don Smith and approved by a unanimous vote. Proposed Code Ordinance No. 260 Mr. McAllister pointed out much of the proposed Ordinance had been discussed by the Planning & Zoning Commission at previous meetings, but the City Council had requested the Commission's input on the proposed Ordinance. SECTION I. ARTICLE III. DEFINITIONS OF TERMS USED IN THE ORDINANCE Article III shall be amended as follows: (32) OFF-STREET PARKING SPACE 5 • • Amend (2) to read: Minimum of 10' x 20' for standard space and 12' x 20' for handicapped space. (35) STRUCTURE Amend to read: Anything constructed or erected on the ground or attached to something located on the ground and is not considered a "temporary structure" as defined herein. ADD: (37) TEMPORARY STRUCTURE Construction fencing, reviewing stands and seating (other than normal yard seating), tents, canopies (either free standing or attached to a structure, excluding normal window or doorway coverings) and other structures of a non-permanent nature. Amend subsequent numbering of definitions commencing with (37) Temporary Structure to proper sequence. ARTICLE IV. SECTION 21-1. ZONING DISTRICTS Article IV. Section 21-1 shall be amended to include: R-3-A Residential/Professional District ARTICLE V. SECTION 26-9. WATER RETENTION Article V. Section 26-9 shall be amended to read as follows: (1) A topographic map showing provisions for drainage and compliance with flood control and water retention regulations may be required for all new development, except single family dwelling units built upon a slope of 70 or less. (2) Development shall meet storm drainage requirements and compliance as outlined in the City of Clermont Subdivision Ordinance, as amended. ARTICLE V. SECTION 26-18. BUFFER STRIPS Article V. Section 26-18 shall have the following inserted as the second paragraph: Whenever a multi-family use abuts a single family use, the multi-family use shall provide a buffer between the two uses. M_rs. Georae suaaested the multi-family should also provide a buffer when abutting a duplex. ARTICLE V. SECTION 26-21. RESTRICTIONS ON ERECTION OF FENCES AND HEDGES Article V. Section 26-21 shall include the following: (d) Temporary construction fencing is exempted from the requirements of this section, but must obtain a Temporary Structure Permit. ARTICLE V. SECTION 26-29. TEMPORARY STRUCTURES 6 • • Article V. Section 26-29 shall be added as follows: (1) All temporary structures as defined herein shall be required to obtain a Temporary Structure Permit prior to erection or placement of the structure. (2) Exemptions: (a) Funeral tents and camping tents are exempt from the frequency requirement, but shall not remain up for more than three (3) days. Mrs. George suggested that the frequency requirements be outlined. (3) Temporary Structure Permits may be revoked if it is determined that such action would be in the best interest of the general public. (5) Existing temporary structures as of the date of the adoption of this ordinance shall be given a maximum of 180 days for removal. ARTICLE VII. VARIANCES Add: (6) Variance requests which have been denied may not be resubmitted for a period of one (1) year. ARTICLE XVIII. SCHEDULE OF DISTRICT REGULATIONS R-3 RESIDENTIAL/PROFESSIONAL DISTRICT MINIMUM LOT AND HEIGHT REQUIREMENTS Article XVIII. Schedule of District Regulations for R-3 Residential/Professional District, Minimum Lot and Height Requirements, Item (3) Lot Coverage shall be amended to: Single Family and duplex, maximum 40%, Multi-family, maximum 30%. ARTICLE XIX. SCHEDULE OF DISTRICT REGULATIONS C-1 LIGHT COMMERCIAL DISTRICT CONDITIONAL USES Article XIX. Schedule of District Regulations for C-1 Light Commercial District, Conditional Uses shall be amended to add: Item (13) Restaurants with the subsequent renumbering to proper sequence. SECTION 2. Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply or affect any other provision of this ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 3. This ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its second reading and final passage. 7 • There being no further business the meeting was adjourned. p ~ a¢..~--.._ l 'L(.~~ ~ ,r2' 1vZ `_ John N. Sargen Chairman i~' T J ne Warren, lanning & Zoning Technician