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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. 1 ~ • 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. 2 • 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. 3 • • 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. 4 • ~ 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. 5 • 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: 6 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. 7 • 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. 8 • I~ 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