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12-01-1987 Regular Meeting• • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION DECEMBER 1, 1987 The regular scheduled meeting of the Planning and Zoning Commission was called to order on December 1, 1987 at 7:45 p.m.by Chairman John Sargent. Members attending were Cecil Smart, Don Smith, Curt Dicamillo, Adelbert Evans and Debbie Gaines. Member Marilyn George was excused. Member Ron Carden was absent and Member Dorothy McGriff resigned. Also attending were Wayne Saunders City Manager, James McAllister Planning Director and Jane Warren Planning and Zoning Technician. MINUTES of the meeting held November 3, 2987 were approved as presented. NEW BUSINESS Since the applicant for Item No. 1 was not present Mr. Sargent proceeded to Item No. 2 on the agenda. Item No. 2 REQUEST TO AMEND A CONDITIONAL USE PERMIT REGARDING RECLAMATION OF EXCAVATION SITE BOB WADE PROPERTY Mr. Sargent requested staff's present their recommendations at this time. Mr. Saunders advised the Commission that Mr. Wade is requesting an amendment to his original Conditional Use Permit which was issued December 11, 1984. The following is a brief synopsis of the recent developments leading up to this request. Mr. Wade was subpoenaed before the Code Enforcement Board on August 18, 1987 and was given until October 5, 1987 to reclaim the site in accordance with the original plan. At the October 15, 1987 meeting of the Code Enforcement Board he requested the opportunity to present a revised plan and was .granted until November 20, 1987 to submit a revised plan and a request for Conditional Use Permit to revise the conditions regarding the reclamation. The new request addresses three (3) of the conditions from the original Conditional Use Permit. Condition No. 2 of Resolution No. 487 stated that no further expansion of the use shall be permitted except as approved by another Conditional Use permit. The Conditional Use Permit is now being requested. Condition No. 3 stated that this property may be used only for grading, excavation and mining operation. Condition No. 6 states that a Site Reclamation Plan be submitted and specify minimum requirements. Mr. Wade is now requesting the following changes: 1) Allowing approximately one-half (1/2) acre of the topsoil not be replaced, leaving a clay road running east and west on the northern boundary of the property for the purpose of transporting fill dirt from the east to property located north of Quincy's Restaurant. 1 J L~ 2) Amend previously approved Reclamation Plan to eliminate approximately 1/2 of the sodding required on the 3:1 slopes on the south boundary line adjacent to the Walton's Subdivision. 3. Amend plan to eliminate pollution abatement system and ditch blocks for sediment retention. The ditch block system was designed to prevent sediment from washing down the slope into Jack's Lake. If Mr. Wade is permitted to place the road on the property as requested, we must place adequate conditions on the permit to insure there will be no detrimental affect on this environmentally sensitive area of Jack's Lake. Mr. Saunders recommended approval of the changes only under the conditions as stated on the proposed Conditional Use Permit. The permittee shall submit to the City Engineer a site reclamation plan prepared by a registered engineer, .and approval must be obtained from the City Engineer before work can be begin. A registered engineer shall certify to the City that the final reclamation plan and all conditions of this permit have been met within sixty (60) days of the date of this Conditional Use Permit. The plan of reclamation must include, but not be limited to, the following: (1) Removal, stockpile and replacement of topsoil; (2) Points of ingress and egress for vehicle utilizing the mining operation; (3) Landscape (3:1 slopes must be sodded) all other areas sodded and mulched and {4) Original and final elevations using one foot contour intervals based on NGVD. (5) Unpaved roadway not to exceed twenty-five (25) feet in width will be designed and maintained in a manner that will direct stormwater runoff into on-site retention area. Engineer will design and certify retention area to be adequate to meet City's stormwater requirements. 2. No further expansion of the use or additions to this facility shall be permitted except as approved by another Conditional Use Permit. 3. Setback and Slope. The area shall have a maximum finished slope of 3 horizontal to 1 vertical to the lowest point of excavation. 4. The applicant must construct and maintain a chain link fence, four (4) feet in height, along the north boundary line of the Walton Subdivision. Grassed areas are to be maintained with growth not to exceed eighteen (18) inches. 5. Site clean-up. All debris, refuse, junk, poles, piling and cables shall be removed from all disturbed lands as part of the reclamation process. All structures shall also be dismantled and removed except where their reuse is consistent with post-reclamation land use goals. Temporary roads shall be returned to grade. 6. Hours of operation. Excavation work, including hauling of fill, may begin each weekday no earlier than 7:00 A.M and must end each day no later than 6 P.M. No work may be done on Saturday or Sunday. 7. Storage of excavated material. All excavated material must be stored in a location approved by the City Engineer. • • 8. The roadway previously constructed from this site through the floodplain of Jack's Lake is to be completed as previously permitted. 9. The applicant will reimburse the City for all fees charged to the City by the City Engineer for review of revised plans, including inspections as ordered by the Code Enforcement Board at their meeting held October 15, 1987. 10. 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, or he may be subject to action by the Code Enforcement Board. Mr. Saunders stated, if the Planning & Zoning Commission, decided to grant this revision, the above stated conditions have been reviewed by the city's engineer and are considered to be necessary in order to ensure the community of a better situation and to protect the enviormentally sensative surroundings. Mr. Saunders informed the commission that Mr. Springstead also recommended that ditch blocks be placed every fifty (50) feet along the Swale area on both sides of the roadway, to help maintain the heavy runoff that could occur during a storm. Mr. Saunders also suggested that two additional conditions be added. 1 (7) The water retention area be maintained to operate properly. Mr. Saunders stated this would ensure the necessary steps would be taken to repair the area should any wash out occur. 12. Applicant understands and agrees that the City Council shall retain the right to require additional modifications if the stormwater retention system proves to be inadequate. Mr. Sargent asked if any of the adjoining property owners had been heard from. Mr. McAllister advised the commission that Mr. James Carroll of 1324 Grand Highway had responded and expressed concern about traffic and future developments in the area. Also Mrs. Wilma Nystrom of 1360 Grand Highway had responded, stating that many of the hauling and mining vehicles were operating before 7: A.M. as stipulated in condition No. 10 of Resolution No. 487. Mrs. Nystrom also stated she had recently had her house painted and because of the sand and dust in the air which settled on the house it was necessary for her to have her house repainted. Mrs. Nystrom also complained about the amount of clay in her driveway. Mr. Carroll and Mrs. Nystrom both complained about their homes virbrating due to the number of hauling vehicles on Grand Highway. Mr. Wade was present and reponded he would try to work out a solution that would be conducive to the people in the area. Mr. Wade referring to Condition No. 1 (3:1) and Mr. Springstead's recommendation for the ditch block, stated his engineers felt that sediment could cause the ditch blocks to wash and possibly have a domino type of effect. • Mr. Wade also requested Condition No. 1 (5) be changed to allow a width of thirty (30) feet. Mr. Wade stated the road is presently thirty (30) feet wide. Mr. Smith expressed his concerns regarding traffic on Grand Highway from the site combined with the Grand Highway Improvement construction which is scheduled to start within sixty (60) days. Mr. Smart stated he felt the road would be an asset and also stated he felt sodding and mulching would be sufficient. Mr. Saunders advised the Commission that a portion of the property has been seeded and mulched, but has washed. Mrs. Gaines stated she did not object to the thirty (30) foot width of the road. Mrs. Gaines expressed concern for the need to sod, and suggested that Mr. Wade be given the opportunity to seed and mulch and if this method did not provide adequate coverage, a time frame could be specified, and Mr. Wade would then be required to sod the appropriate area. Mr. Saunders pointed out that more than fourteen (14) months have passed in which the area was to be sodded. Mr. Saunders also advised the Commission that it is the recommendation of the City's staff and the City's engineer to sodded the bank on the south side which has a 3/1 slope. Mr. Wade requested that the City allow him to seed and mulch this portion of the site. Mr. Wade pointed out that he has been in litigation with the contractors in order to get them to fulfill their responsibilities concerning the seeding and mulching of the site, and many delays have resulted because of the legal hold ups in the systems. Mr Smart made a motion to recommend to the City Council, that Mr. Wade be given the opportunity to seed and mulch this portion of the site and should the seeding not take Mr. Wade would then sod, that portion of the site, seconded by Mr. Gaines and denied by a 2-4 voted. Members Smart and Gaines voting aye. Members Sargent, Dicamillo, Evans and Smith voting nay. Mr. Sargent, suggested the conditions be review item by item. After further discussion the following changes were recommended by the Planning and Zoning Commission. Condition No. 1 (5) should be changed to a width of thirty (30) feet, (3:1) Should be seeded and mulched to provided a uniform coverage. ADD (6) Ditch Blocks to be constructed at fifty (50) foot intervals on the swale on both sides of the road.(7) The stormwater retention system must be maintained to operate properly. Condition No. 2, 3, 4, 5, 7, 8, 9, 10 were approved as presented Condition No. 6 be deleted. Condition No. 11 be added. Applicant understands and agrees that the City Council shall retail the right to require additional modifications if the storm water retention systems proves to be inadequate. A motion was made by Mr. Smart to recommend to the City Council approval of the following request as amended by the Planning and Zoning Commission, seconded by Mr. Smith and approved by 5-1 vote. Member Evans voting nay. CONDITIONS 1. The property must be reclaimed in accordance with approved reclamation plan. The permittee shall submit to the City Engineer a site reclamation plan prepared by a registered engineer, and approval must be obtained from the City Engineer before work can be begin. A registered engineer shall certify to the City that the final reclamation plan and all conditions of this permit have been met within sixty (60) days of the date of this Conditional Use Permit. The plan of reclamation must include, but not be limited to, the following: (1) Removal, stockpile and replacement of topsoil; (2) Points of ingress and egress for vehicle utilizing the mining operation; {3) Landscape (3:1 slopes must be sodded) all other areas seeded and mulched to to present uniform coverage and (4) Original and final elevations using one foot contour intervals based on NGVD. (5) Unpaved roadway not to exceed thirty (30) feet in width will be designed and maintained in a manner that will direct stormwater runoff into on-site retention area. Engineer will design and certify retention area to be adequate to meet City's stormwater requirements. (6) Ditch blocks to be constructed at fifty (50) foot intervals in swales on both sides of the roadway.(7) The stormwater retention system must be maintained to operate properly. 2. No further expansion of the use or additions to this facility shall be permitted except as approved by another Conditional Use Permit. 3. Setback and Slope. The area shall have a maximum finished slope of 3 horizontal to 1 vertical to the lowest point of excavation. 4. The applicant must construct and maintain a chain link fence, four (4) feet in height, along the north boundary line of the Walton Subdivision. Grassed areas are to be maintained with growth not to exceed eighteen (18) inches. 5. Site clean-up. All debris, refuse, junk, poles, piling and cables shall be removed from all disturbed lands as part of the reclamation process. All structures shall also be dismantled and removed except where their reuse is consistent with post-reclamation land use goals. Temporary roads shall be returned to grade. 6. Storage of excavated material. All excavated material must be stored in a location approved by the City Engineer. 7. The roadway previously constructed from this site through the floodplain of Jack's Lake is to be completed as previously permitted. 8. The applicant will reimburse the City for all fees charged to the City by the City Engineer for review of revised plans, including inspections as ordered by the Code Enforcement Board at their meeting held October 15, 1987. 9. 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, or he may be subject to action by the Code Enforcement Board. 10. Applicant understands and agrees that the City Council shall retain the right to require additional modifications if the stormwater retention system proves to be inadequate. • Mr. Sargent introduced Item No. 1 REZONING REQUEST Mr. George Gallup 1550 Bloxam Avenue The applicant is requesting rezoning from R-2 (Medium Density Residential) to C-2 (General Commercial Business District) far Lot 4, Forty Pines Subdivision. The intent of the rezoning request is to allow the applicant to market the parcel as commercial. This parcel was the subject of a recent Land Use Map Amendment in which the land use category was changed from NED-5 to EBD-2. The rationale at that time was that commercial would be a proper use at that location. Mr. McAllister suggested that the request for C-2 General Commercial) zoning would not be appropriate for the location. A more acceptable category would be C-1 (Light Commercial) as this would prevent heavy commercial intrusion into an established residential neighborhood. Mr. McAllister also suggested that commercial development should occur only in locations that are appropriate to its service and trade areas, and that are compatible with adjacent existing land uses and with existing and programmed public services. Mr. McAllister recommended that a rezoning to C-1 Light Commercial would be consistent with the Comprehensive Plan and with the values and conventions of good land use planning. Mr. McAllister advised the Commission that he had spoken with Mr. Gallup earlier in the day and he had no objection to the proposed C-1 Zoning. After a brief discussion a motion was made by Mr. Smart to recommend to the City Council approval of the zoning change has presented by staff, seconded by Mr. DiCamillo and approved by unanimous vote. Mr. Sargent informed members Curt DiCamillo, Don Smith, and Cecil Smart, that their terms on the commission would expire in January, and if they wished to be reinstated, they should send the letter to the City Council c/o of the City Manager stating so. There being no further business, the meeting was adjourned. ATTEST: ~~`f ~ 9 _^.c~~ ane Warren Planning & Zoning Technician Johrn Sargen Chairman