11-05-1991 Request
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MINUTES
PLANNINiO ie ZONINa COMMISSION
November 5, 1991
The meeting of the Planning & Zoning Commission was called to order
Tuesday, November 5, 1991 at 7:30 P.M. by Chairman John Sargent.
Members present were Edward Ivey, Bonnie Kranz, Don Smith, Adelbert
Evans, James Brown, Joseph Wiebush and Wendell McDannel. Member
Marilyn George was absent. Also attending were Wayne Saunders City
Manager, Lanny Harker Planning Director and Mimi Shaw Planning
Technician.
MINUTES of the meeting held October 1, 1991 were approved as
presented.
NEW BUSINESS:
1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Frances and Tony Ridge/Gem of the Hills Learning Center
LOCATION: 176 Highland Avenue
REQUEST: To operate a nursery school facility in the R-3-A
Residential/Professional District.
Mr. Harker informed the Commission that the applicant is requesting
a CUP to operate a nursery school facility at 176 Highland Avenue,
which is presently a single family residence. Both the Existing
Land Use District (ERD-8) and Zoning District classification (R-3-
A) indicate the proposed use is compatible with future planning
activities designated for the area.
Mr. Harker further stated that staff recommends approval subject to
the standard Conditional Use Permit conditions and the following
additional conditions:
1. All of the improvements required by the Fire Marshall must be
met prior to issuance of a certificate of occupancy.
2. All of the requirements of other regulatory agencies
concerning day care or pre-school facilities must be met. All
required improvements must be completed prior to a certificate
of occupancy for the requested use.
3. Standard sidewalk shall be constructed along Highland Avenue.
4. A minimum of eight off-street parking spaces must be provided.
After further discussion, a motion was made by Don Smith that the
Commission recommend to the City Council approval of the request as
presented by staff, seconded by Wendell McDannel. Approved by a
unanimous vote.
2. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Linda A. Gooden and Vincenza Leonardo
LOCATION: 606 West Avenue
REQUEST: To operate a nursery school facility in the R-3
Residential/Professional District.
Mr. Harked stated that the applicant is requesting a CUP to operate
a nursery school facility. The subject site is located on the
southwest corner of the intersection of West Avenue and Minneola
Avenue. The surrounding area is characterized by a mixture of land
use types including commercial, institutional, industrial and
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residential uses. The site lies adjacent. to the established
Central Business District (CBD) where transitional uses routinely
occur between residential and non-residential properties. The
Future Land Use District Designation (NED-6) and Zoning District
classification (R-3) indicate consistency and compatibility with
the proposed use.
Staff recommends approval subject to the standard Conditional Use
Permit conditions and the following additional conditions:
1. All of the improvements required by the Fire Marshall must be
met prior to issuance of a certificate of occupancy.
2. .All of the requirements of other regulatory agencies
concerning day care or pre-school facilities must be met. All
required improvements must be completed prior to a certificate
of occupancy for the requested use.
3. Standard sidewalk shall be constructed along Minneola Avenue.
4. A minimum of eight off-street parking spaces must be provided.
A motion was made by Adelbert Evans that the Commission recommend
to the City Council approval of the request as presented by staff,
seconded by BoBnie Kranz. Approved by a unanimous vote.
3. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Florida Power Corporation.
LOCATION: Southwest corner of Highland Avenue and Millholland
Street
REQUEST: To construct an unmanned control house
Mr. Harker advised the Commission that the applicant is requesting
a CUP to construct an unmanned control house at the above described
location, which would be an expansion of the existing sub-station
that has been in existence since the 1950's. The requested action
is for erection of a new building on the existing site that will
house electrical monitoring devices. for the substation. Actual
monitoring and observation of the equipment will require only
infrequent, but systematic, visitation by company personnel.
Staff recommends approval subject to the standard Conditional Use
Permit conditions and the following additional conditions:
A sidewalk shall be constructed along Highland Avenue the
length of the Florida Power Corporation property.
Ms. Victoria Bucher, representative for Florida Power, reviewed the
site plan with the Commission and stated that the need of the
control house was to modernize and upgrade the electrical supply
system. In addition to the building, the applicant will be
installing some 14 trees and 110 shrubs. The applicant also agreed
to the condition for construction of a 5 foot wide sidewalk.
Further discussion followed regarding the placement of the new
shrubs and trees.
A motion was made by Ed Ivey that the Commission recommend to the
City Council approval of this request as presented by staff, second
by Joseph Wiebush. Approved by a unanimous vote.
4. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Polar-BEK & Baker
LOCATION: Vacant property north, east, and north east of Quincy's
Restaurant.
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REQUEST: A Planned Unit Development (PUD) to construct a shopping
center.
Mr. Harker stated that the applicant is requesting a PUD to allow
the construction of a +f-173,000 SF Commercial Shopping Center.
The two anchor stores will be Kmart and Publix. The location of
the site agrees with the adopted Comprehensive Plan and the Future
Land Use map, which designates the area around SR 50 and US 27 as
a commercial node area.
Mr. Harker noted that the adopted Comprehensive Plan dedicated the
100-year flood plain and the wetlands as conservation areas, which
are not to be disturbed. Mr. Carlson has been working effectively
with the staff and the City Council to stay out of these areas.
Staff recommends approval subject to the following conditions:
Section 1
General Conditions
1. The property shall be developed in substantial accordance
with an approved site plan and Operation/Reclamation Plan
incorporating all conditions of this Conditional Use
Permit. Said plans shall be submitted for review and
approval of the Site Review Committee.
2. No further expansion of the us.e or additions to this
facility shall be permitted except as approved by another
Conditional Use Permit.
3. All applicable rules and regulations shall be met,
including but not limited to, 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 City and the appropriate
regulatory agencies shall be met, and approved by the
City Engineer. These areas shall be properly maintained.
4. All inspection costs will be borne by the applicant. This
shall include final inspection and ongoing random
inspections for compliance with Conditional Use Permits
conditions.
5. Performance bonding shall be required for all
infrastructure (transportation, potable water, and waste
water systems) and reclamation improvements, including
on-site and off-site locations, evidencing impact by the
proposed development. An irrevocable letter of credit,
drawn on a local bank, shall be provided for all building
structures at the actual time of building construction
commencement in order to ensure completion of the Planned
Unit' Development. An estimate of costs shall be
prepared, certified and submitted by the Engineer of
record and approved by the City Engineer. The City shall
then determine the bond amount in accordance with adopted
City Code regulations.
6. 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.
7. This permit shall become null and void if substantial
work has not begun within one (1) year of the date of
issuance of this Conditional Use Permit.
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Section 2.
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Operation Plans (Excavation, Grading, and Reclamation)
are to be outlined for site alteration in an attached
manual and submitted by the applicant:
1. Geotechnical information regarding the soil to be placed on
the property must be submitted. This information will be
required before a development permit is issued.
2. Density tests will be conducted at a maximum of 2 foot
intervals in order to prove compaction requirements. Fill
shall be compacted to 95$ density of modified proctor.
3. The applicant shall submit a detailed excavation, grading and
erosion control plan for the entire site during the site plan
review process which must be approved by the City Site Review
Committee prior to initiation of development activity.
4. Prior to any site development 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.
5. Noise levels shall not exceed those recommended by F.D.E.R.
Vibratory compaction shall be limited to the hours of 9:00
A.M. to 5:00 P.M. Monday thru Saturday only. Vibrations shall
be limited to avoid any damages to neighboring persons or
properties. 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 thru Saturday. Heavy Equipment or heavy machinery
engines will not be started earlier than 7:00 A.M.
6. A dust abatement plan shall be submitted to the City detailing
measures to be taken in eliminating the migration of dust
particles from the site. The plan must specifically outline
those measures recommended by F.D.E.R.
7. Ingress/egress to the site for construction shall be from
Highway 50 east of Quincy~s Restaurant. No ingress or egress
of machinery or trucks shall be allowed on Grand Highway.
8. A DOT permit will be required and filed with the City for fill
activity along Highway 50 right of way prior to issuance of a
Development Permit by the City.
9. The applicant will be required to maintain swales or other
acceptable erosion protection along the existing temporary
haul road which runs between Jacks Lake north and south in the
event the roadway is utilized for soil delivery to the
property. This work will be inspected and approved prior to
any fill activity.
10. All excavated material shall be stored in a location
approved by the City Engineer.
11. Any areas being modified to a slope of three (3)
horizontal to one (1) vertical (3:1), such as water
retention areas, shall be sodded. Any areas being
modified to a slope of two (2) horizontal to one (1)
vertical (2:1) or greater shall be stabilized with an
approved geotechnical system and then sodded with a long-
stemmed grass species appropriate for prevention of
erosion according to standards acceptable to and approved
by the U.S.D.A. Soil Conservation Service.
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12. All disturbed slopes in the fill areas shall be planted
with approved coniferous seedlings (e.g. pine, cedar,
etc.) at a ratio of four hundred (400) per one (1) acre
(400:1) .
13. Both temporary and permanent grassing including fertilizer
shall be done in accordance with an approved plan acceptable
to the City and the U. S . D. A. Soil Conservation Service located
in Tavares.
Section 3.
with regards to a stormwater management plan, the following
are required:
1. Permeability tests must be submitted as part of the site plan
review process. Permeability shall be maintained.
2. Verification of the stormwater run-off data and other
assumption & calculations must be provided and approved prior
to any development activity.
3. A St. John's River Water Management District stormwater permit
will be required and filed with the City prior to any
development activity.
4. Final disposition of stormwater outfall shall be to the
existing south pond adjacent to Jack's Lake.
Section 4.
With regard to the general improvements/ landscaping of
the site, the fallowing shall be required:
1. Sidewalks shall be required along all road frontages in
accordance with adopted FDOT and City Codes.
2. Buffering and screening shall be required from all
abutting uses in accordance with adopted City Codes and
in conformance with the approved site and landscaping
plan approved by the City Site Review Committee.
3. All dumpster and other equipment sites shall be enclosed
with masonry structures in accordance with plans approved
by the City Site Review Committee.
4. A site lighting plan shall be submitted and approved that.
shall ensure all lighting is directed upon the site and
does not adversely impact abutting properties.
5. Architectural fimish and unobstructed roadway design
plans for the rear of the commercial center shall be
submitted and approved to ensure aesthetic and public
safety considerations are not adversely impacted.
6. All signage shall conform to adopted City Codes and
Regulations; Off site signage shall be disallowed.
7. Roadway improvement plans for State Road 50, Grand
Highway, and the commercial site, including but not
limited to, access drives, accel/decel lanes, turn lanes,
traffic signalization devices, and internal signage and
traffic movement lanes shall be submitted to and approved
by the City Site Review Committee, FDOT and Lake County
prior to commencement of any development activity.
8. The permittee shall provide a minimum of 685 parking
spaces for the commercial center; all spaces shall be
designed and built in conformance with adopted City Codes
and Regulations.
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Mr. Ronald Carlson, representative for Polar, BEK & Baker, was
present. Mr. Carlson stated that this had been a difficult site to
work with and a considerable amount of time has been spent to come
up with an engineering system to enable us to place a shopping
center at this particular location, which we and the tenants feel
is the best location within the City of Clermont to place this
center.
Mr. Carlson then reviewed various aspects of the proposed site plan
with the Commission.
Mr. Jed Downs of Cuhaci & Peterson Architects, was then introduced
and explained the proposed landscaping and buffer plans for the
center.
Mr. Carlson reviewed a letter he had written to Wayne Saunders,
dated November 5, 1991, requesting clarification and modifications
to certain conditions in the staffs recommendations.
Mr. Carlson .felt there was an apparent drafting error in Section 1,
item #5. All off-site and on-site improvements such as the Grand
Highway improvements, any utility work, etc., which will be
dedicated to the City of Clermont will have a performance bond.
However, when it comes to the actual building structures
themselves, there. is no permanent lender and all major sub-
contractors are required to carry performance bonds. Therefore, we
in essence have about 75~ of the job bonded through the sub-
contractors. We do not require our general contractor to carry a
payment and performance bond.
Mr. Sargent asked what position staff had taken to this amendment.
Mr. Saunders stated that he did not believe there would be a
problem with this amendment, however, the City Attorney should
review this before a final decision is made.
Mr. Carlson asked that Section 2, item 5, be amended to allow the
vibrator to be operated between the hours of 8:00 a.m. and 6:00
p.m. rather than 9:00 a.m. and 5:00 p.m., in an effort to complete
the site work in less time.
Mr. Sargent asked if this condition should state that if these
hours do not prove satisfactory they could be changed.
Mr. Saunders stated that a condition could be written this way.
Staff does not have a problem with initially changing the hours to
8:00 a.m. and 6:00 p.m.
Mr. Carlson felt that Section 2, item 11, contained a typographical
error in the sentence that read in part "Any areas being modified
to a slope of 2:1 or greater shall be stabilized..." Y believe
this should read being modified to a slope greater than 2:1 shall
be stabilized. That is a very significant difference in that we
have a number of 2:1 slopes that geotechnically do not need
stabilization. What we are stabilizing is the slopes that are more
severe than that. We are investigating the possibilities of using
a wall system that would eliminate the steep slopes and would be
more attractive than the slopes themselves.
Further discussion followed regarding the wall system.
Mr. Carlson stated there was another issue of concern on this item,
in that PBB had hoped to hydroseed on slopes of 3:1, however, if
that is a serious concern of the Planning Commission or the City
Council we will sod these slopes.
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Mr. Saunders stated that the City has been very consistent in
requiring sod on slopes of 3:1, particularly in retention- area
situations. We are still recommending that slopes of 3:1 or
steeped be sodded. On slopes of less than 3:1 there is not a
problem with hydroseeding.
Mr. Carlson stated they would concede to this.
Mr. Carlson noted the next concern was Item 12 of Section 2. Staff
has recommended that we plant 400 seedlings per acre, this is
basically on 10 foot centers. We believe that a view just as
effective can be created by planting these on 20 foot centers.
Mr. Saunders stated that the staff did not have a problem with
changing this to 20 -foot centers.
Item 1, Section 4, Mr. Carlson noted that staff has requested that
sidewalks be installed on all road frontages. There is a concrete
flume on Highway 50 for FDOT's drainage system. We will have to
work with FDOT on the placement of this sidewalk. Therefore, this
condition will have to be subject to FDOT approving the sidewalk
plans.
Mr. Carlson stated that in Section 4, Item 8, we are requesting
that the size of the parking spaces in front of Kmart be reduced to
9' x 18'. Staff has indicated that if they agree to this the
spaces would be required to be double striped.
Mr. Carlson stated that the last item was the new site plan, which
only affected retail store "A" which had a design revision. This
has been amended. to bring retail "A" out flush with the other
buildings, so that all stores will be visible.
Mr. Saunders asked regarding the out parcel, as to what kind of
ground cover they intended to place on this parcel.
Mr. Carlson stated that they would hydroseed this area.
Mr. Saunders noted that a standard condition for most CUP's on a
large site like this, is that any existing billboards be removed.
There is an existing billboard on the out-parcel and we would
recommend that a condition be added that the existing billboard
would have to be removed prior to a certificate of occupancy being
issued for the site.
Mr. Carlson did not have a problem with this.
Mr. Saunders felt that another concern was in regard to water and
sewer requirements. We feel a condition should be added that no
Laundromat facilities would be operated from this site, as this
could cause a problem with the sewer demand.
Mr. Carlson had been informed of this request prior to the meeting
and did not have a problem with this requirement.
Mr. Sargent asked what was going to be done in the way of
signalization.
Mr. Saunders stated that he believed the traffic study would show
that a traffic signal would be needed at the intersection of Grand
Highway and SR 50. The developer would be required to provide this
with FDOT's approval.
Mr. Carlson felt that the traffic signal was very important and
hoped that the City would join them on the submittal of this
application.
Mr. Saunders said the City would recommend the placement of this
signal.
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Mr. Smith questioned if there was adequate distance between the
proposed signal and the new signals on either side of the Hwy 27
overpass.
Mr. Saunders said this was a problem, as it does not meet the
minimum separation distance by FDOT. This is the reason we will
have to convince FDOT of the need for this signal.
Mr. Sargent noted that in the past .there had been a problem with
dust control on the site during the excavation process and
questioned if there would be some type of control over the
developer so that this problem will not occur again.
Mr. Saunders explained that there is a condition in the CUP that
request that the developer supply the City with a dust abatement
plan as to how they will control this problem. This will be worked
on with the developer during the site review process.
Mr. Sargent then opened the floor for anyone present in the
audience who wished to address this matter.
Mr. James Carrier, owner of property on the east side of Jacks
Lake, expressed concern as to the number of trucks that would be
utilizing the existing haul road which runs on the back side of his
property. This road is used by the trucks moving fill material to
the proposed site from the clay pit owned by Bob Wade. The trucks
create an enormous amount of dust. He feels that this trucks
should go to the site via SR 50 rather than this road. Mr. Carrier
also noted that the trucks at the pit as early as 4:00 a..m.
Mr. Saunders stated that this CUP would not allow the trucks to be
operating in the City limits before 8:00 a.m. However, the clay
pit is located in the county and the county therefore has
jurisdiction at the clay pit.
Mr. Trent Busch, residing at 1112 Grand Highway, asked if there
would be sidewalks along Grand Highway.
Mr. Carlson stated that they would be installing sidewalks on the
west property line of this parcel along Grand Highway.
Mr. Busch asked how many other store would be in the center.
Mr. Carlson stated anywhere from twelve to twenty-three additional
stores.
Mrs. Betty Busch also stated her concern regarding the truck
traffic and the dust problem.
Mr. Saunders noted that there was a problem with this before,
however, a condition has been added to this CUP to prohibit the
trucks from entering the site via Grand Highway.
Mrs. Busch asked if there would be trucks entering the shopping
center late at night and early in the morning once the center is
built.
Mr. Saunders stated that there would be delivery trucks going to
and from the center, and noted that Grand Highway is a designated
collector road.
Mr. McDannel expressed concern regarding the traffic circulation
system in regard to the off ramp for north bound Hwy 27 traffic.
Mr. Saunders explained that the Department of Transportation would
be involved in solving any traffic problems.
Further discussion followed.
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Mr. Ivey asked, in reference to the eastern most entrance on
Highway 50 and the northern most entrance on Grand Highway, if they
would consider putting a divider strip between the entrance lane
and exit lane, in an effort to prevent a situation similar to the
one that now exist at South Lake Plaza.
Mr. Carlson noted that this was something they would discuss at the
time of site review.
A motion was made by Don Smith that the Commission recommend to the
City Council approval. of this request as presented by staff and
amended by the Commission, seconded by James Brown. Approved by a
vote of 7 to 1, with Adelbert Evans voting nay.
There being no further business the meeting was adjourned.
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John rgent, airman
ATTEST:
Mim Shaw, Planning Technician
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