07-06-1993 Meeting
MINUTES
PLANNING & zONING COMMISSION
July 6, 1993
The meeting of the Planning & Zoning Commission was called to order Tuesday, July
f, 1993 at 7:00 P.M. by Chairman John Sargent. Members present were Joseph
Janusiak, Joseph Wiebush, Jim Hoskinson, Don Smith, James Brown and Bonnie
Kranz. Members Wendell McDannel and Marilyn George were absent. Also attending
were Lanny Harker Director of Planning and Mimi Shaw Planning 'technician.
MINUTES of the meeting held June 1, 1993 were approved as presented.
NEW BUSINESS:
1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: South Lake Presbyterian Church
LOCATION: 131 Chestnut Street
REQUEST: A Conditional Use Permit to allow the operation of a Day Care Center in
the R-2 Medium Density Residential District.
Mr. Harker informed the Commission that the applicant has asked that this request be
tabled until the August 3 meeting.
A motion was made by Joseph Wiebush to table this request until the August 3, 1993
meeting, seconded by Joseph Janusiak and approved by a unanimous vote.
2. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Shepherd of the I-Iills Lutheran Church
LOCATION: 151 West Highway 50
REQUEST: A request for a Conditional Use Permit to amend Resolution No. 510 to
allow the operation of a Day Care Center (Pre-school) in the It-2 Medium
Densiry Residential District and the C-1 Light Commercial District.
Member Joseph Wiebush abstained from this case as he would be representing the
applicant.
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Mr. Harker informed the Commission that the applicant is requesting a CUP co
operate a preschool in the existing original Church building which is situated ac the
southeast corner of S.R. 50 and Second Street. The property is zoned C-1 and R-2,
but will allow for this use with a Conditional Use Permit.
The site is located in a multiple land use type area of the Ciry that is a mixture of
commercial, professional office, institutional, and single family residential use. Both
the Existing Land Use llistrIct (NFD-3) and "coning District classification (C-1) indicate
the proposed use is compatible with future land use directives designated for the area.
Unfortunately after Staff had processed this request it was brought to our attention
that a portion of this property is in the R-2 zoning district which does not permit pre-
school/day care facilities as an allowable use, therefore the applicants will have to
apply for rezoning for this portion of the property.
Discussion followed regarding the rezoning procedure.
Mr. Harker stated that based upon the surrounding, existing land uses of the area, and
the NED Future Land Use classification of the general area, Staff recommends approval
contingent to the property being rezoned and subject to the following conditions:
1. The conditions as set forth in the Conditional Use Permit shall be in addition to
conditions required by Resolution #510 for the church facility and shall be
legally binding upon any heirs, assigns and/or successors in title or interest.
2. The property shall be developed in substantial accordance with an approved
site 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.
3. All applicable rules and regulations shall be met, including but not limited to
final site plan approval, landscaping, drainage, parking, sign regulations, and all
yard setbacks. All required landscaping must be served with a low volume
permanent irrigation system including City approved and State mandated back-
tlow prevention device and rain sensor gauge. All landscaped areas must be
properly maintained.
4. The site shall be provided with a masonry duinpster enclosure with wooden
gates which shall be indicated on the approved site plan.
5. The permittee shall provide a sidewalk constructed in accordance with City
standards along both Chestnut and Second Streets the length of the subject
property.
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6. The permittee shall provide a Cave foot wide landscape buffer, in accordance
with City standards along the south and east property lines adjacent to the
existing institutional and residential uses.
7. All of the improvements required by the Fire Marshall must be met prior to
issuance of a certificate of Occupancy.
8. All of the requirements of other regulatory agencies concerning day care or pre-
school facilities must be met. All cequired improvements must be completed
prior to issuance of a certificate of occupancy for the requested use.
9. No further expansion of the use or additions to the facility shalt be permitted
except as approved by another Conditional Use Permit.
10. The Cinal Certificate of Occupancy or Occupational License cannot be issued
until each of the stated conditions has been met.
11. The permit for the pre-schooUday care facility shall become null and void if the
proposed use has not formally begun within one (1) year from the date of grant
by the City Council.
12. 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.
At this time Mr. Sargent asked all those present who wished to speak in regard to this
case be sworn in,
Persons sworn in were:
Joseph Wiebush, 1830 Ramie Road, Clermont, Florida
Diane Brown of ,341 Montrose Street, Clermont, I;lorida
Mr. Joseph Wiebush explained the scope of the project.
Mr. Jim Hoskinson questioned the need for a landscape buffer on the east and south
sides of the property.
Mr. Hacker stated that this buffer would serve to shield the noise and the children
from the street and there is some residential uses on East Avenue. 'T'his buffer would
not have to be located by the sidewalk, it could be located around the play area.
Mr. Hoskinson asked if Staff would have any problems with the requirement of the
buffer on the south side being removed.
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Mr. Smith stated that he feels the Commission should enforce the requirements of the
landscape buffer because they have been required and been very stringent for the
public daycare/pre-school facilities that have recently been approved.
Mr. Sargent reminded the Commission that whatever recommendation is made for this
request would be subject to the portion of the property that is presently R-2 being
rezoned.
A motion was made by Don Smith to recommend approval to the City Council as
presented by staff, with the exception that condition #~ be changed to omit the
requirement of the buffer on the south side and subject to the property being
rezoned, seconded by Joseph Janusiak, approved by a unanimous vote.
3. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: Dennis L. I Torton, 'T'rustee
LOCATION: Portion of property lying north and east -northeast of Quinsy's
Restaurant.
REQUEST: A request far a Conditional Use Permit for utilization oi' the previously
permitted temporary haul road to facilitate further development of the
Clermont Regional Shopping Center.
Mr. Harker explained that the applicant is requesting a CUP to continue the utilization
of the previously permitted temporary haul road that lies within the designated "100
year" flood plain of Jacks Lake North and South.
Historically, Resolutions #487 (December 11, 1984), Resolution #574 (December 8,
198'7}, Resolution #652 (January 23, 1990), Resolution #751 (April 14, 19}2), and
Resolution #773 (September 22, 1992} have all related to the excavation/fill and
potential development of the petitioners property adjacent to Jacks Lake.
Mr. I-larker further explained that each of the previously identified resolutions have
requested use of the temporary haul road and each has received approval for the
specified request, with conditions. Consistent within the approved CUP's
(Resolutions) are conditions for stormwater management, geotechnical management
for development of the site, transportation and operations management, reclamation,
revegetation and reforestation. In addition, a principal, salient issue and feature of
the previously approved CUP's was the haul road which was defined as temporary and
which required removal to the original grade within some form of mandated time
element.
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Mr. Harker stated that based upon historical precedent provided in the previously
approved CUP's and recognition that completion of the approved Clermont Regional
Shopping Center project, in certain parts, relies on continued use of the temporary
haul road, Staff recommends approval of the requested CUF with the following
conditions:
1. The conditions as set forth in this Conditional Use Permit shall be legally
binding upon any heirs, assigns and/or successors in title or interest.
2. The conditions as set forth in this Conditional Use Permit shall be legally
binding upon the presently installed temporary haul road and all appurtenant
devices and structures previously mandated for its construction, and
maintenance of adjacent natural communities. Generally, such area shall be
considered to lie within 100 +/- feet on each side of the center line of the
presently constructed temporary haul road, and generally lying between the 90
foot (NVGD) contours which delineate the established "100 year" flood plain of
Jacks Lake (FIRM Community -Panel Number 1201.33 OOO1B, effective date:
August 15, 1984).
3. No further expansion of the use or additions to this temporary haul road facility
shall be permitted except as approved by another Conditional Usc Permit.
4. Operational management for provision of fill material to the adjacent Clermont
Regional Shopping Center site shall occur via the temmporary haul road facility
only. No ingress/ egress of machinery or trucks shall be allowed from Grand
Highway. Provision of fill to any other destination shall be prohibited from
utilization via the temporary haul road.
5. Noise levels shall not exceed those recommended by F.D.E.R. 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 through Saturday. 1-Leavy
equipment or heavy machinery engines will not be started earlier than 7:00
A.M.
6. Prior to any fill material movement 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.
7. The applicant shall be required to maintain swales and other acceptable erosion
protection along the existing temporary haul road which runs between Jacks
Lake nonh and south being utilized for soil delivery to the adjacent property.
This work will be inspected and approved by the City Engineer prior to any fill
material movement activity being conducted.
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S. All inspection costs will be borne by the applicant. This shall include final
inspection and ongoing random inspections for compliance with Conditional
Use Permit conditions.
9. In conformance with adopted goals, objectives and policies of the City of
Clermont Comprehensive Plan which disallow construction encroachment in
"100 year" flood plains and designated conservation areas, and to maintain
consistency with historically approved Conditional Use Permits for the site, the
permittee shall return the temporary haul road to its original configuration and
grade pursuant to elevations established during tenure of Resolution #487 (i.e.
84.8 to 90 feet, NVGD). Restoration to original grade conditions shall occur
within twelve (12) months i'rom the date of formal grant of this Conditional Use
Permit or by such time as a certificate of occupancy is received by the Clermont
Regional Shopping Center, whichever is greater.
10. Reclamation of areas adjacent to the temporary haul road shall be accomplished
within the same time horizons and in coordination with restoration of the
temporary haul road.
A. Objective -The primary objective of the reclamation plan is to provide
for a final project site which is conducive and compatible with the
surrounding topography and approximates pre-development surface
water drainage characteristics without subsequent erosion. 'The final
grading of the project site shall conform to the grades, lines, slopes and
contours shown on the approved reclamation site plan provided
pursuant to Resolution #652.
B. Grading and stabilization -All areas previously disturbed for the haul
road construction project shall be graded, dressed and stabilized, in
accordance with the approved reclamation site plan. Topsoil shall be
applied as the final soil cover material for all reclaimed areas. Final
sideslopes shall not exceed an incline of 4:1 (I-I:~. The retention areas,
swales and other such areas shall be regraded to the original dimensions
and stabilized unless another approved site plan for development
dictates otherwise.
C. Ground cover - 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 to be seeded shall be
supplied 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.
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D. Reclamation time horizons - At the end of six months from the
completion of the reclamation project, at least SO`~ of the reclaimed
areas shall have permanently established ground cover. 13y 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
previously erected shall be dismantled and removed, unless approvals
from the Ciry and other appropriate authorities permit otherwise. In
general, the area shall be returned to natural conditions that are
conducive to and compatible with the surrounding topography.
11. Performance bonding shall be required for all restoration and reclamation
improvements evidencing impact by the proposed development. An estimate of
costs shall be prepared and submitted by the Permittee and approved by the
Ciry Engineer. The City shall then determine the bond amount in accordance
with adopted City Code and regulations.
12. In the event that the fill material relocation project 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 restoration and
reclamation of the site. Restoration and reclamation shall be performed in
conformance with the reclamation plan (as required in Conditions 9 and 10), as
approved by the City Engineer, and in accordance with accepted best
management practices (I3MP) designated by publications of the U.S.D.A. Soil
Conservation Service and St. Johns River Water Management District.
13. If any of the stated conditions are violated, the applicant understands and
agrees that the City Cowuil may revoke this Conditional Use Permit by
resolution.
14. This permit shall become null and void one (1) year from the date of issuance
of this Conditional Use Permit.
At this time Mr. Sargent asked all those present who wished to speak in regard to this
case be sworn in.
Persons sworn in were:
Mr. Bob Wade, 1363 Lakeshore Drive, Clermont, I'lorida
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Mr. Wade explained that Jim Modica and other engineers have all stated that the
separation of the lakes with the road is not causing any problem and should be left as
is.
Mr. Wade further stated that he felt this road would be a good frontage road to
Highway 50 in the future, when extended to the east this road would run directly into
the proposed hospital site. Mr. Wade stated that the road should not be removed as it
may be used in the future.
Further discussion followed.
Mr. Harker stated that the City is in agreement with the applicant that the CUP for the
utilization of the haul road should be permitted to complete the construction of the
shopping center. However, the Citys Comprehensive Plan does state that there will be
no construction in the 100-year flood area. Looking at the historic past of this road,
all of the previous Conditional Use Permits issued for this road have stated that the
road is to be removed. Staffs recommendation that the road be removed is based on
these two factors.
After much further discussion, a motion was made by Don Smith to recommend
approval to the Ciry Council as presented by staff, seconded by James Brown,
approved by a unanimous vote.
4. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: John B. Garcia, Jr. for John J. I-Iurtak, Trustee
LOCATION: East Highway 50 -South Lake Plaza
REQUEST: A request for a Conditional Use Permit to amend Resolution No. 571 to
allow the construction of a 6,000 square foot retail building in the C-2
General Commercial Business District.
Mr. Harker explained that the reason a CUP is required for this project is due to the
fact that it exceeds 3,000 square feet and also there is an existing CUP on the
shopping center, which has to be amended. The site is adjacent to SR 50 and east of
the existing Kentucky Fried Chicken Restaurant.
The proposed request is in conformance with designations of the adopted Future
Land Use Map, Future Land Use District designation (EBD-2) and Zoning District
classification (C-2) for the proposed use.
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However, historically the shopping center has experienced problems in provision of
adequate parking, especially during peak tourist season. Staff communication with the
property owner indicates 121,502 square feet of gross leasable floor area in the center,
exclusive of KFC and the bank. Based upon the current parking standard of four (4)
spaces per one thousand (1,000) square feet of floor area for retail business, 486
parking spaces are required. Staff research indicates provision of 439 spaces which
calculates to a deficiency of 47 parking spaces presently, these figures do not include
Kentucky Fried Chicken or NCNB Bank site.
Mr. Harker informed the Commission that the applicant has applied for a variance to
the City parking standard for reduction in width from the required 10 feet to 9 feet
which would provide an additional 42 parking spaces, if approved. Calculation
indicates parking would still not meet standard by 5 spaces plus requirement for the
proposed use (24 spaces) has not entered the equation.
In summary, parking at the shopping center has historically proved inadequate. A
variance, if approved by Ciry Council, would not satisfy existing requirements. The
construction of another 6,000 square feet of business area would potentially further
diminish requirements for adequate provision of parking.
Therefore, based on information provided above and potential for setting adverse
precedent in provision of adequate parking, Staff is compelled ro recommend denial
of the proposed use.
Mr. Sargent asked if there would be any changes to the water retention area.
Mr. Harker stated that St. Johns River Water Management District may require changes
be made to the WRA, however, the applicant would like to proceed with this request
to obtain the feelings of the Commission and the Council prior to spending the
money for engineering, etc.
At this time Mr. Sargent asked all those present who wished to speak in regard to this
case be sworn in.
Persons sworn in were:
Mr. John Garzia, 676 East Highway 50, Clermont, Florida
Mr. Bob Wade, 1363 Lakeshore Drive, Clermont, Florida
Mr. Garcia gave a brief synopsis of his request. Mr. Garcia noted that if this request is
approved they will proceed with a formal application to St. Johns River Water
Management District. They hope that St. Johns will realise that this development
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cannot correct the errors that have occurred with the previously approved
developments on the site. This development will actually decrease the amount of
impervious surface with the additional landscaped areas.
Mr. Garzia further stated chat as far as the lack of parking, most shopping center do
experience this during peak periods. There are presently 518 parking spaces for the
center, this number does include the spaces for Nations Bank and Kentucky Fried
Chicken. This number does conflict with those that the City Staff has, as the center
has been restriped several times, however, this is the number of spaces presently in
existence.
Mr. Bob Wade suggested chat the owner of the shopping center might want to
consider purchasing the building that was previously used as a lawyers office on
Bloxam Avenue to facilitate more parking or as a water retention area.
Member Don Smith noted that it is possible when the new shopping center opens
that the need for parking at the center might be alleviated by dividing the business
between the two centers. Secondly, the required number of spaces and the number
actually existing are so close, he feels this is a mute point. Thirdly, we should do
every thing in our power to enhance this shopping center so that it does not die and
become a blight on the City.
Member Jim Hoskinson agreed with Mr. Smith, he too feels it would be beneficial to
encourage this project.
Member James Brown also stated that he agreed with Mr. Smith, in that some of the
traffic would be shifted over to the new plaza.
Chairman John Sargent noted that perhaps this request should be tabled to give City
Staff time to work with Mr. Gat-cia and conceivably come up with some solution to the
parking problem.
Mr. Harker stated that it could be beneficial to postpone and give Staff adequate time
to compile some acceptable conditions for the proposed use.
A motion was made by Don Smith to table this request until the August 3 meeting,
seconded by Joseph Janusiak, approved by a unanimous vote.
There being no further business the meeting was adjourned.
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ATTEST:
Mimi Shaw, Planning Technician
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