07-03-1990 Meeting• •
PLANNING & ZONING MEETING
JULY 3, 1990
The regular scheduled meeting of the Planning & Zoning Commission
was called to order by Chairman John Sargent on July 3, 1990 at
7:30 P.M. Members present were James Brown, Marilyn George, Don
Smith, Peter Bertronaschi, Adelbert Evans, Edward Ivey, and Bonnie
Kranz. Member Carlos Solis was excused.
MINUTES of the meeting held June 5,
presented.
NEW BUSINESS:
1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Open Door Baptist Church
Pastor Bruce Stewart
LOCATION: 1705 S.Grand Highway
1990 were approved as
REQUEST: Continue church operation in the M-1 Light Industrial
District.
Mr. Saunders advised the Commission that the applicant was
requesting a Conditional Use Permit to operate a church on a
temporary basis at 1705 S. Grand Highway. The church has been
operating at this location for the past six (6) months under a
temporary Conditional Use Permit which expired June 6, 1990.
The applicant does plan to relocate to a permanent location, north
of the city in the near future, but does need additional time to
complete their plans for the new structure.
Mr. Saunders suggested a minimum of 6 months would be needed to
obtain the necessary permits but recommended that the use not be
extend for longer than 12 months.
Pastor Harry Kant, the associate pastor was present and stated that
the church has obtained all the necessary permits and plans to
break grounds in the immediate future. Pastor Kant explained the
delay in obtaining the permits was partially because of a change
in the choice from temporary structure to that of a permanent
structure.
After a brief discussion a motion was made by Don Smith to
recommend to the City Council approval of this request for one
year, seconded by Ed Ivey and approved by a unanimous vote.
2. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Clermont Church of God
Rev. Edward Ivey
LOCATION: 100 N. Grand Highway
REQUEST: Expand the church use in the C-1 General Commercial
District.
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Mr. Saunders advised the Commission that the applicant was
requesting a Conditional Use Permit to expand the church facilities
located to the southwest of the intersection of Mohawk Road and
Grand Highway.
The expansion will be in 2 phases, the first phase will be the
educational building and the second phase will be a new sanctuary.
Staff recommends approval of this request subject to the standards
conditions of a Conditional Use Permit and the following additional
conditions:
1. The existing residence on the property which is being
used as the parsonage, will be connected to the City's
sewer if elevations allow.
2. Grass parking will be allowed except for the six (6)
indicated paved spaces,the grass parking area will be
stabilized.
3. All driveway areas will be paved. A twenty (20) foot
internal driveway will be allowed as opposed the twenty
(24) driveway designated on the plan.
4. A single entrance will be allowed, which is the existing
entrance, but must be expanded to a 24 foot width.
5. An additional seven (7) feet of right-of-way must be
dedicated along Grand Highway due the designation of
Grand Highway as a collector status.
6. A 2 foot landscape buffer will be allowed along Grand
Highway in lieu of the required five (5) foot landscape
buffer.
7. Phase II will require an amendment to the Conditional Use
Permit prior to the development of that phase.
8. Sidewalks will be constructed along Grand Highway at the
time sidewalks are constructed to the south or the west
on abutting properties.
Rev. Edward Ivey, representing the Church of God, stated as a
member of the Planning & Zoning Commission he would declare a
conflict of interest and would not participate in the Commission's
recommendations to the City council.
Referring to Condition No. 2 Rev. Ivey stated he would like to
have a portion of the internal driveway be grassed rather than
completely paved.
Mr. Saunders stated a variance would have to be granted for such
a use and also pointed out that the City Council has approved
requests for grass parking for churches in the past, due to the use
being mainly a once a week use rather than that of daily use.
Mr. Don Smith suggested that a percentage of paved parking be
required if there is going to be daily use of some kind.
Mr. Evans stated he was in agreement with Mr. Smith regarding the
parking concerns of the proposed project.
Referring to Condition No. 5 Rev. Ivey stated it was his
understanding that Grand Highway would not be widened and felt
sufficient right-of-way existed. Rev. Ivey stated he did not see
the need for additional right-of-way as suggested and requested
that the request for additional right-of-way be deleted.
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Mr. Saunders pointed out that additional right-of-way has been
required by other developers in the past and he did not feel any
reason for this project to be exempt from this proposal.
Rev. Ivey suggested that the Church being an existing use and
merely requesting an expansion of that use would not create the
same impact as a Planned Unit Development or a large residential
development and suggested that a lesser right-of-way would be
sufficient. Rev. Ivey suggested that the issue of additional right-
of-way be addressed if an when Grand Highway is widened.
Mr. Smith also pointed out future growth will dictate the need to
insure the proper development and design of our roadways.
Referring to Condition No. 7. Rev. Ivey stated he would like to
address the total project rather than be required to apply for an
amendment to the Conditional Use permit at a later date. Rev. Ivey
stated the plan has been submitted with the understanding that the
project would be reviewed as a whole. Rev. Ivey emphasize the
eagerness of the congregation to proceed with the proposed addition
and solicited the approval of the commission.
Mr. Saunders pointed out the request for an amendment to the
Conditional Use Permit was brought about because of the concern
about future parking at the site. Mr. Saunders stated many of the
churches that have been granted variances for paved parking are
required to have a larger paved area. Mr. Saunders stated the
amendment procedure would allow the City the opportunity to review
the site and address the need for additional parking if necessary
at a future date.
Mr. Don Smith suggested that the City address the necessary parking
for Phase IT and include those conditions as part of this
Conditional Use Permit and avoid the need for a future amendment.
After further discussion a motion was made to recommend to the City
Council approval of this request subject to the standard conditions
of a Conditional Use Permit and the following additional
conditions:
1. The property must be developed in substantial accordance
with an approved site plan.
2. If, at a future date, parking at this site proves inade-
quate, the applicant understands and agrees that the City
may require additional parking or rescind this
Conditional Use Permit.
3. No further expansion of the use or additions to this
facility shall be permitted except as approved by another
Conditional Use Permit.
4. All applicable rules and regulations shall be met,
including 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 appropriate regulatory agencies must
be met, and approved by the City Engineer. These areas
must be properly maintained.
5. This property may be used only as a church with a
sanctuary and an educational building.
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6. The existing residence on the property which is being
used as the parsonage, will be connected to the City's
sewer if elevations allow.
7. All driveway areas between the two entrances shall be
paved. A twenty (20) foot internal driveway will be
allowed as opposed the twenty (24) foot driveway
designated on the plan.
8. Two entrances will be allowed. The NW entrance to
incorporate a minimum of 8 paved parking spaces in
addition to the required 3 paved handicapped parking
spaces.
9. Grass parking will be allowed except for the paved
parking spaces stated in condition No. 8. The grass
parking area will be stabilized.
10. An additional seven (7) feet of right-of-way must be
dedicated along Grand Highway due the designation of
Grand Highway as a collector status.
11. A 2 foot landscape buffer will be allowed along Grand
Highway in lieu of the required five (5) foot landscape
buffer.
12. Phase II will require that all parking requirements be
met.
13. Sidewalks will be constructed along Grand Highway at the
time sidewalks are constructed to the south or the west
on abutting properties.
14. This permit shall expire if construction has not begun
within one year of the date of this Conditional Use
Permit.
15. 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.
The motion was seconded by James Brown and approved 6-1 vote. Mr.
Evans voting nay and Rev. Ivey abstaining.
3. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Shrimp by the Pound
Angelica B. Jiminez
LOCATION: 811 West Highway 50
REQUEST: To operate a carry-out restaurant in the C-2 General
Commercial District
Mr. Saunders advised the Commission that the applicant is
requesting a conditional Use Permit to operating a seafood
restaurant from this location however the C-1 zoning requires that
a Conditional Use Permit be obtained to operate a restaurant.
Mr. Saunders expressed his concern regarding landscaping,
beautification, access and parking and pointed out many of the
non-conformities on the site which should be addressed through
conditions of this Conditional Use Permit.
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Staff recommended approval of this request subject to the standard
conditions of a Conditional Use Permit and the following additional
conditions:
1. The restaurant be allowed to operated as a take-out
business only. An amendment to the Conditional Use
Permit will be required for a sit down restaurant.
2. Dumpster area must be completely screened with a masonry
fence and gate.
3. The north curb cut on 8th Street shall be eliminated and
curbing placed in this area.
4. The asphalt located on the City's right-of-way on 8th
Street shall be removed and sodded.
5. A 5 foot landscape buffer as required by City code shall
be required along the 8th Street area connecting to the
northern property line, up to the curb cut on Highway 50.
A landscape buffer will be required along the south
property line. Tree requirements shall be met.
6. Sidewalk shall be constructed along 8th Street.
Mrs. Jimenez stated it would be very costly to conform to all of
the stated conditions and pointed out that the operation is very
small in comparison to many of the fast food restaurants in town.
Mrs. Jimenez stated that there would only be 5 tables in the
restaurant.
Mr. Sargent pointed out that the request presented to the
commission is for a take-out restaurant, therefore no tables would
be allowed at this time.
Mrs. Laurel Ayers part owner was also presented and stated the
seating desired would be for patrons to take their orders from the
counter to a sit down snack area.
Mr. Saunders stated such an operation would be considered a
restaurant and would have to meet all the required improvements
specifically landscaping and parking. Mr. Saunders pointed out
that he felt the required parking could be met.
Mrs. Jimenez and Mrs. Ayers requested that the commission address
the improvements needed for a full scale restaurant rather than
that of a take-out restaurant.
Referring to condition No. 4 Mrs. Jimenez suggested the elimination
of access on 8th Street would be detrimental to the restaurant
operation and requested that the commission reconsider.
Mr. Saunders pointed out that there is another entrance on 8th
Street to the south.
Mr. Smith stated he felt the conditions requested would be very
costly and discouraging to the applicant.
Mr. Evans suggested that the property owners be partially
responsible for the proposed improvements.
Mr. Saunders pointed that was a matter to be agreed upon by the
property owner and the applicant.
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Referring to condition No. 3 Mr. Smith suggested that the curb cut
was a safety concern and perhaps the responsibility of the property
owner or the City to eliminate.
A motion was made by Don Smith to table this request in order to
allow the applicant time to consult with the property owner
regarding the requested improvements and cost responsibility of
either party.
The applicant requested that Mr. Smith withdraw his motion, stating
they would have ample time to discuss this matter with the property
owner before the scheduled Council hearing.
Mr. Smith withdrew his motion.
After a brief discussion a motion was made by Don Smith to
recommend to the City Council approval of this request subject to
the standard conditions of a Conditional Use Permit and the
following additional conditions:
1. This property may be used only as a retail/restaurant
business.
2. Dumpster area must be completely screened with a masonry
fence and gate.
3. The City shall remove asphalt from behind the curb to 5'
inside property line along 8th street from the south
entrance to Highway 50 right-of-way, closing the north
entrance. Applicant shall provide landscape buffer along
this area according to city code. Landscape buffer shall
be required along the south property line. Tree
requirements shall be met.
4. Parking areas shall be delineated.
The motion was seconded by Marilyn George and approved by an
unanimous vote.
4. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Terry L. Day
T. L. Day Properties
LOCATION: SW corner of Broome Street and Lake Avenue
REQUEST: To construct a two story structure having five (5)
residential units on the upper level and the lower level
consisting of 2600 sq. ft. of professional office space.
Mr. Saunders advised the Commission that the applicant was
requesting a Conditional Use Permit to accommodate a mixed use at
the SW corner of Broome Street and Lake Avenue. The applicant
proposed to construct a 2 story structure which would have five (5)
townhomes in the upper level with the lower level being divided
into basement/storage area and five (5) professional offices
consisting of 520 square feet each.
The plans have been reviewed by the Site Review Committee and the
City Engineer. There are some concerns regarding the extreme
changes in topography on the site. However with the use of
retaining walls the applicant can accomplish the desired use.
Staff recommended approval of this request subject to the standard
conditions of a Conditional Use Permit and the following additional
conditions:
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1. There will be no access point to the project from Lake
Avenue.
2. Sidewalks will be constructed along all street frontages.
3. The commercial use will be limited to the lower level
only and limited to 5 units of 520 square feet each.
4. Signage will be restricted to one (1) ground sign with
a maximum of 32 square feet. Wall signs will be allowed
as permitted in Sign Ordinance No. 207-C.
Ms. Terry Day was present and stated there would be no difficulty
in complying with the additional conditions being requested by
staff.
Rev. Ivey asked if a retail operation would be allowed as permitted
use within the structure.
Mr. Saunders stated the only business use permitted would be
professional offices only and limited to 5 units of 520 square feet
each.
After a brief discussion a motion was made by Rev. Ivey to
recommend to City Council approval of this request as present by
staff, seconded by Marilyn George and approved by an unanimous
vote.
5. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Terry L. Day
T. L. Day Properties
LOCATION: SW corner of Grand Highway and Bloxam Avenue
REQUEST: To construct a thirty-eight (38) unit townhome development
in the R-3 Residential/Professional District.
Mr. Saunders advised the Commission that the applicant was
requesting a Conditional Use Permit to construct a 38 unit townhome
development on portions of lots 5 and 6 Block F, located west of
the Bloxam Avenue right-of-way, south of Grand Highway with single
family homes located on Grand Highway directly north of this
property.
The area is zoned R-3 with a designated Comprehensive Plan Land
Use of UD-4 which allows for a density of 8 units per acre multi-
family on lot 6 only. That portion of the project on lot 5 is
limited by the Comprehensive Plan to 4 units per acre single family
only. Therefore portions of the project on lot 5 will include the
required parkland dedication as well as the project's amenity area
for the development.
Staff recommended approval of this request subject to the standard
conditions of the Conditional Use Permit and the following
conditions:
1. A 10 foot additional right-of-way shall be dedicated
along the property abutting Grand Highway and Bloxam
Avenue. Both Bloxam Avenue and Grand Highway are
considered collector streets within the City which
require an 80' right-of-way.
2. A 5% parkland dedication shall be made on site.
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3. The developer shall pay all costs relating to the
upgrading of lift station No. 23 to include engineering
design.
4. Developer will pay all required infrastructure related
inspection costs of the project.
5. Landscaping berm with opaque vegetative buffering will
be installed along the north property line. The parking,
clubhouse and pool areas shall have landscape berms with
a minimum height of 5 feet and a minimum 3 to 1 slope.
All other berms shall have a minimum height of 3 feet
with a minimum slope of 3 to 1.
6. A surge protector shall be installed by the developer at
the Bloxam well.
7. Bloxam Avenue shall be constructed according to City
standards from Grand Highway to the south property line
of the project. Sidewalks shall be constructed along
the west side of the right-of-way only.
8. 50 foot right-of-way will be allowed on internal streets.
All internal streets shall have sidewalks constructed to
City code.
9. A minimum of a 25 foot setback shall be met for the
clubhouse and pool facilities.
10. Required storm drainage improvements for routing of
stormwater from the project into the city system shall
be done in conjunction with other infrastructure at the
developer's expense.
Ms. Terry Day was present and stated there would be no difficulty
in complying with the additional conditions being requested by
staff.
Mr. Warren Thomas an adjacent property owner was present and stated
he did not object to the development, but only wanted to be
informed of the conditions being requested by the City and review
the plans.
Mr. Thomas expressed concern about the traffic impact on the
neighborhood, specifically mentioning the intersection of Grand
Hwy. and Hwy. 27 and questioning the extension of Bloxam Avenue.
Mr. Saunders pointed out that Condition No. 7 would require the
developer to construct Bloxam Avenue from Grand Highway to the
south property line of the project with sidewalks along the west
side of the right-of-way.
Mr. Saunders informed the Commission that the City is researching
means of funding the future construction of Bloxam Avenue, with one
possible source being impact fees collected by the County.
Mr. Thomas also expressed concern about the density in the area.
Mr. Saunders pointed out that the project is being developed below
the density restrictions of the Comprehensive Plan.
Referring to Condition No. 5, Mr. Smith suggested berming of a
rolling nature would be more desirable aesthetically for the
developer and adjacent property owners. Mr. Smith suggested that
height of the berm should be allowed varying heights with a 3'
minimum.
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After a brief discussion a motion was made by Mr. Smith to
recommend to the City Council approval of this request as presented
by staff with the following change to condition No. 5.:
5. Landscaping berm with opaque vegetative buffering will be
installed along the north property line. Berms shall have a
minimum height of 3 feet with a minimum slope of 3 to 1.
The motion was seconded by Bonnie Kranz and approved by a unanimous
vote.
There being no future business the meeting was adjourned.
John N. Sargent, Chairman
ATTEST:
Jane Warren,
Planning Technician