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07-05-1994 Meeting• • Cl7Y OF CLF,RMONT MINUTES PLANNING AND ZONING COMMISSION MEETING JULY 5, 1994 APPROVED BY LANNY The meeting of the Planning & Zoning Commission was called to order Tuesday, July 5, 1994 at 7:00 P.M. by Chairman John Sargent. Members present were Joseph Janusiak, James Brown, Robert Smythe, Darryl Bishop, David Duncan, Joseph Wiebush and Marilyn George. Member Wendell McDannel was absent. Also attending were Lanny Harker Director of Planning and Mimi Shaw Planning Technician. MINUTES of the meeting held June 7, 1994 were approved as presented. 1. REQUEST FOR AMENDMENT OF CONDITIONAL ~ USE PERNIIT APPLICANT: Clermont Venture, Ltd. LOCATION: North of Highway 50 and east of Grand Highway REQUEST: A request for a Conditional Use Permit to amend Resolution #811 to allow the operation of a veterinary office. Mr. Harker explained that the applicant is requesting an amendment of the current Resolution #811 to allow operation of a veterinary office in the Clermont Regional Shopping Center. The shopping center was granted a Conditional Use Permit which provides for a large number of land uses consistent with the C-2 (General Commercial Business District) zoning classification of the City. However, the veterinary clinic requested is a use within the C-2 zoning district which is designated as a conditional use and therefore requires review and approval by the appropriate City Boards and Commissions. Mr. Harker further stated that the shopping center consist of some 191,000+ square feet. As of this date the center has received certificate of occupancy for approximately 163,000 square feet of the total center. Staff has recommend the requirements listed in condition #8 be imposed as the center is nearing full tenancy, yet numerous conditions of the original CUP regarding site stabilization have yet to be completed. Mr. Harker further noted that the clinic, according to the signed application, would perform usual operations of veterinary medicine, surgery and hospitalization, exclusive of animal boarding which is common to many clinics. Understanding such operations are becoming a standard practice within centers located in larger cities, as long as certain criteria and safe guards are put in place, staff would recommend approval of the requested use with the following conditions: 1. Approval of the proposed use shall be conditioned upon compliance with all previous conditions specified in Resolutions 773 and 811, respectively. • • CITY OF CI.F.RMONT MINUTES PLANNING AND ZONING COMMISSION MEETING JULY S, 1994 Page-2- 2. 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. 3. All animal services and confinement areas shall be located in air conditioned and sound attenuated areas. 4. Means, methods and measures for the sanitation and disposal of all by-products from the medical, surgical and hospitalization functions of the veterinary practice shall conform to requirements specified by the State Department of Environmental Health and other appropriate agencies charged with permitting and operation of a veterinary clinic. 5. Copies of X11 required permits necessary for the veterinary operation shall be provided to the City prior to an occupational license being issued for the proposed use. 6. Kenneling and/or boarding of animals shall be prohibited. 7. This permit shall become null and void if the business has not began operation within one (1) year from the formal date of grant by the City Council for this Conditional Use Permit. 8. The final Certificate of Occupancy for the veterinary clinic, nor any other business located within the center, shall be issued until each of the stated conditions have been met and all site improvements have been completed including the following: a) Southwest slope adjacent to Quinsy's stabilized, sodded and pegged. b) S.R. 50 right-of--way stabilized and sodded and all FDOT improvements completed and approved. c) Water retention area manhole and pipe installed and approved, and east WRA wall repaired, sodded and pegged. d) Entire slope area located along the rear of the shopping center totally completed and approved including slope stabilized, sodded and pegged, and required trees and shrubs .firmly established. 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. A motion was made by Marilyn George to recommend approval to the City Council as presented by staff, seconded by Robert Smythe and approved by a unanimous vote. C.I7Y OF CLERMOIV7' MINUTES • PLANNING AND ZONING COMMISSION MEETING JULY S, 1994 Page-3- 2. REQUEST FOR REZONING APPLICANT: Maynard K. Knapp, Trustee LEGAL DESCRIPTION: See below GENERAL LOCATION: Property generally lying east and west of Hancock Road, south of S.R. 50. REQUEST: FROM RR RURAL RESIDENTIAL DISTRICT TO C-2 GENERAL COMMERCIAL DISTRICT Legal Description: Tracts 19 and 20 of Lake Highlands Company, Sec. 28, Twnshp. 22, Rng. 26 the west 1/2 of the northwest 1/4 of the southwest 1/4 of the northwest 1/4 of Sec. 27, Twnshp. 22, Rng. 26 (+/- 24.04 acres). And FROM RR RURAL RESIDENTIAL DISTRICT TO R-1 URBAN RESIDENTIAL DISTRICT Legal Description: Tracts 29, 30, 31, 32, 33 and 34 of Lake Highlands Company, Sec. 28, Twnshp. 22, Rng. 26 and the northwest 1/4 of the southwest 1/4 of Sec. 27, Twnshp. 22, Rng. 26; and the south 1/2 of the southwest 1/4 of the northwest 1/4 of Sec. 27, Twnshp. 22, Rng. 26 (+/- 118.59 acres). Chairman Sargent reported that Staff has received a letter from Daryl Carter, Vice- President of Maury L. Carter & Associates, Inc., stating that the Chester Fosgate Company has no objection to the request. Mr. Harker explained in accordance with current City regulation all properties annexed into the City of Clermont automatically receive designation as Rural Residential District (RR) upon formal approval for annexation by City Council. The applicant and owner of this site are requesting rezoning to C-2, General Commercial Business District, and R-1, Urban Residential District. Mr. Harker exhibited a map which denoted the areas proposed to be rezoned commercial and residential. • Cl7Y OF CI.ERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING JULY 5, 1994 Page-4- The subject site is situated on the south side of S.R. 50 and contains property lying on both the east and west sides of Hancock Road. The applicant has expressed a desire to develop a planned unit development project with commercial uses situated adjacent to S.R. 50 and a single family subdivision meeting the R-1 zoning district criteria (i.e. 7,500 square foot lots, etc.) The City adopted and state approved Comprehensive Plan indicates a commercial node to be located around the intersection of S.R. 50 and Hancock Road, and expansion in a residential pattern as evidenced by the UD-5 Future Land Use Map category which recommends development of detached single family units. Therefore, rezoning to C-2, General Commercial Business District and R-1, Urban Residential District, would be in conformance with approved directives for future City growth and development. Based upon consistency with existing, adjacent land use patterns and compliance with the City adopted and state approved Comprehensive Plan, Staff recommends approval of the rezoning from RR (Rural Residential District) to C-2 (General Commercial Business District) and R-1 (Urban Residential District) subject to formal action of the City Council for the requested annexation. 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: Jim Bible of P.O. Box 3873, Longwood, Florida Tony Cruz of 13132 Loblolly Lane, Clermont, Florida Amil Jahna of P.O. Box 840, Lake Wales, Florida Mr. Jim Bible, representative of the applicant, gave a brief synopsis of the proposed project. Mr. Tony Cruz, nearby property owner, had questions regarding the size of lots and asked if a wall of some type would be erected between the proposed subdivision and Greater Pines. Chairman Sargent explained to Mr. Cruz that. these questions could be answered for him when then next agenda item is heard which involves the actual PUD. Mr. Amil Jahna, representing E.R. Jahna, Industries, abutting property owner, stated that they had no objection to the development but did wish to state that there is an ongoing mining operation near the proposed development that has been in business since 1954 and hopes to continue to prosper for many years in the future. r~ L • CITY OF CIF,RMOIV7' MINUTES PLANNING AND ZONING COMMISSION MEETING JULY 5, 1994 Page - 5 - A motion was made by Marilyn George to recommend approval to the City Council as presented by staff, seconded by David Duncan and approved by a unanimous vote. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Maynard K. Knapp, Trustee GENERAL LOCATION: Property generally lying east and west of Hancock Road, south of S.R. 50. REQUEST: A request for a Conditional Use Permit for a Planned Unit Development to consist of a 299 unit single family subdivision and two (2) commercial parcels. Chairman Sargent reported that Staff has also received a letter from Daryl Carter, Vice- President of Maury L. Carter & Associates, Inc., stating that the Chester Fosgate Company has no objection to the request. Mr. Harker explained that the applicant is requesting a Conditional Use Permit for a Planned Unit Development in R-1 (Urban Residential) and C-2 (General Commercial Business) districts generally located south of S.R. 50 at the intersection of S.R. 50 and Hancock Road. The proposed request is consistent with the UD-5 (undeveloped district) future land use district designations-and the general future land use map classifications for the proposed uses. The Planned Unit Development is proposed to encompass 142 +/- acres of land. Commercial development will contain two (2) separate parcels and occupy approximately 24 +/- acres of the site. One parcel will front on both S.R. 50 and Hancock Road and the second will front only on S.R. 50. The residential portion of the PUD will contain approxunately 118 acres of land area, and be developed on both sides of Hancock Road. The property on the west side is proposed to have 120 single family units and the property on the east side will provide 179 single family units. It should be noted that a Comprehensive Plan amendment will be required for development to occur on the east side due to current Lake County designation as an employment center which does not permit residential use to occur. Certain lot design standard modifications for cul-de-sacs and lots which lie on the radius of a road have also been requested which are as follows: (1) Lot width at the building setback line to be 65 feet as opposed to 75 feet; (2) Front lot line on a road thirty-five (35) feet as opposed to fifty (50) feet; (3) The rear setback line of twenty (20) feet as opposed to twenty-five (25) feet, shall be modified for all lots within the subdivision. C!?Y OF CLERMOIVT MINUTES PLANNING AND ZONING COMMISSION MEETING JULY S, 1994 Page-6- Staff recommends approval of the Planned Unit Development subject to the following conditions (*note -due to the lengthyness of the conditions, they were not read in full): tion 1 General Conditions 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and successors in title or interest. 2. No further expansion of the use or additions to the Planned Unit Development shall be permitted except as approved by another Conditional Use Permit. 3. 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 prior to authorization and. issuance of a development permit. 4. All ~pnlicable rules and regulations for development within the City shall be met, including but not limited to, i•"inal site plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks except as otherwise specified. 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. 5. All inspection costs will be borne by the applicant. This shall include bnal inspection and ongoing random inspections for compliance with Conditional Use Permits conditions. 6. 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 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. The. developer is responsible for the cost of all required on-site and off-site infrastructure improvements necessitated by impacts of the project. • • Cl7Y OF CLERMOIVT MINUTES PLANNING AND ZONING COMMISSION MEETING JULY S, 1994 Page-7- 7. The residential portion of the Planned Unit Development shall be permitted to construct housing at a density of four (4) units per acre in accordance with provisions of Comprehensive Plan UD-5 Future. Land Use district designation. 8. In the event that construction has not began within eleven (11) months from the date of the approval of this Conditional Use Permit the permittee, heirs or assigns shall provide complete reclamation of the site. Reclamation shall be performed in conformance with the reclamation plan (as required in Section 1, Item 3) approved by the City Engineer, and in accordance with accepted best management practices (BMP) designated by publications of the U.S.D.A. Soil Conservation Service and St. Johns River Water Management District. The minimum reclamation plan shall address the following characteristics: A. Objective -The primary objective of the reclamation plan is to provide for a final project site which is conducive to future development, compatible with the surrounding topography and approximate pre-construction 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 (as required in Section 1, Item 3). B. Grading and stabilization -All areas disturbed during the construction operation shall be graded, dressed and stabilized, in accordance with the approved reclamation site plan (as required in Section 1, Item 3) and the U.S.D.A., S.C.S. recommendations. Topsoil from the site shall be stockpiled and applied as the final soil cover material for all reclaimed areas. The retention areas shall be regraded to the original dimensions and stabilized in accordance with plans approved by the City Engineer. C. Landscaping and reforestation - Within 30 days of the expiration of the Conditional Use Permit, 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 shall also be seeded 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. All City of Clermont landscape and tree requirements shall be complied with. All reforestation operations shall provide a minimum density of 20 hardwood trees per acre. Acceptable tree species shall be in compliance with the City of Clermont Tree Ordinance. Conversely, tree species designated as undesirable by the City of Clermont Tree Ordinance shall not be acceptable. • • C17Y OF CIl~RMONT MINUTES PLANNING AND ZONING eOMMISSION MEETING JULY 5, 1994 Page-8- D. Reclamation time horizons - At the end of six months from the completion of the reclamation project, at least 80% of the reclauned areas shall have permanently established ground cover. By 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 construction related structures erected during the development operation shall be dismantled and removed, unless approvals from the appropriate authorities permit othen~vise. In general, the area shall be returned to natural conditions that are conducive to future development and compatible with the surrounding topography. 9. The permittee shall dedicate right-of--way along Hancock Road, the length of the subject property, to provide compliance with directions of the Comprehensive Plan for collector road implementation standards (i.e. eighty (80) feet minimum width). 10. At the time of commercial property development, the permittee shall dedicate a fifty (50) foot wide right-of--way for a frontage or reverse frontage road in conformance with Transportation Access Management directives of the Comprehensive Plan. 11. At the time of commercial property development; the permittee shall complete installation of all necessary infrastructure improvements for the required frontage or reverse frontage road in accordance with design, specifications and plans approved by the Site Review Committee. 12. Ingress and Egress to all commercial properties shall be provided from the frontage road in order to facilitate the purpose and intent of the frontage/reverse frontage road concept and enhance measures for public safety and limited access management. 13. The preliminary development plan shall indicate design standard modifications as follows• a) Lots located on cul-de-sacs or a-road radius shall be allowed a lot width of 65 feet at the building setback line as opposed to 75 feet. • • CITY OF CIF.1?MONT MINUTES PLANNING AND ZONING COMMISSION MEETING . JULY S, 1994 Page-9- b)_ Lots located on cul-de-sacs or on a road radius shall be permitted to have a front lot width on a road of 35 feet as opposed to SO feet. c) Rear setback lines for structures shall be 20 feet as opposed to 25 feet for the entire development. 14. The permittee shall provide the City a utility easement for provision of water and sewer as approved by the Site Review Committee. 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. 16. This permit shall become null and void if platting and substantial construction work has not begun within one (1) year of the date of issuance of this Conditional Use Permit. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. Section 2. Operation Plans (Excavation, Grading, and Reclamation) are to be outlined for site alteration in an attached manual and .submitted by the applicant: 1. 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. 2. Density tests will be conducted at a maximum of 2 foot intervals at locations approved by the City Engineer in order to prove compaction requirements. All disturbed areas requiring such testing shall be compacted to 95% density of modified proctor. 3. Noise levels shall not exceed those recommended by F.D.E.R. Vibratory compaction shall be limited to the hours of 8:00 A.M. to 6:00 P.M. Monday through 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 through Saturday. Heavy Equipment or heavy machinery engines will not be started earlier than 7:00 A.M. 4. Ingress/egress to the site for construction shall be from Hancock Road south of S.R. 50. No ingress or egress of machinery or trucks shall be allowed from SR 50. • ~ C17Y OF CLERMOIV7' MINUTES PLANNING AND ZONING COMMISSION MEETING JULY 5, 1994 Page-10- 5. All excavated material shall be stored in a location approved by the City Engineer. 6. Stormwater retention areas shall be constructed at a maximum relief 3:1 (H:V). The side slopes shall be sodded. All other areas being disturbed shall be stabilized with a combination of grass species appropriate for prevention of erosion according to standards acceptable .to and approved by the City and the U.S.D.A. Soil Conservation Service. 7. The commercial parcels located adjacent to S.R. SO and Hancock Road shall be hydro seeded and supplied with a source of irrigation that will ensure stabilization of each parcel after the initial construction stage of development has been completed. 8. The perntittee/developer shall provide both temporary and permanent grassing to the commercial areas including fertilizer application which shall be provided in accordance with an approved ground cover plan acceptable to the City with advisory consultation of the U.S.D.A. Soil Conservation Service located in Tavares. Section 3. General improvements for development of the site shall require the following: Sidewalks shall be required along all road. frontages in accordance with adopted FDOT and City Codes. 2. Buffering, screening and placement of approved trees shall be required 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 with wood gates, in accordance with plans approved by the City Site Review Committee. 4. All signage shall conform to adopted City Codes and Regulations: 5. Roadway improvement plans for S.R. 50 and Hancock Road, including but not limited to, access drives, acceUdecel lanes, turn lanes, traffic signalization devices, and internal signage for the frontage/reverse frontage road shall be submitted to and approved by the City Site Review Committee, FDOT and Lake County prior __ - • ., C17Y OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING JULY 5, 1994 Page - 11 - to commencement of any development .activity. If signalization at S.R. 50 and Hancock Road is determined necessary pursuant to unpacts of the development the total cost will be borne by the permittee/developer. 6. Commercial display of commodities for sale shall be located within a completely enclosed building and conform to City regulations for storage, screening, and locational criteria for placement adjacent to the tenant structure, unless an open air sales permit has been received and approved by the City Manager. tion 4. 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 by the City Engineer prior to any development activity. Positive outfall for stormwater shall be provided as approved by the City Engineer. 3. A St. John's River Water Management District stormwater permit shall be required and filed with the City prior to. receipt of a building permit or any development activity. Mr. Harker stated that Staff wishes to add two additional conditions. The first being that the permittee/developer be required to install a water reuse system, as required by the adopted Comprehensive Plan of the City. And secondly, a separate agreement shall be made between the developer and the City for the utilities that are to be provided to the site. Mr. Jim Bible gave a brief synopsis of the PUD. In reference to Section 2, Condition 4, Mr. Bible stated that parcel A-1 would need construction access from S.R. 50 as the residential property would more than likely be developed first. In reference to Section 3, Condition 5, Mr. Bible asked that the last line of this condition be changed to note that the developer would pay their pro rata share of the cost of signalization. Mr. Bible explained that Lake Hills Utilities which has a water plant located in Greater Hills, has extended a 16" water line across S.R. 50 to serve Greater Pines. This water line will initially provide water to this project as well as to other projects within the area. Mr. Bible stated in reference to the water reuse system, that if the reuse system is going to be in place and operational they would place the lines, however, if it will be quite sometime • • CITY OF CLF.RMONT MINUTES PLANNING AND ZONING COMMISSION MEETING JULY 5, 1994 Page - 12 - before a reuse system will be in place then the would like to be exempted from this requirement as the lines would probably not be working properly if left unused for an extended period of time. Member Robert Smythe asked if there has previously been any exception to the required rear yard setback for any other subdivision. Mr. Harker stated that this being a PUD the requirement could be set for this entire development, noting that he does .not recall of any other situation where this has arisen. Mr. Bible noted that the county now only requires a five foot rear yard setback. Mr. Harker explained that the greater rear yard setback would compliment the type of housing unit proposed and allow for the provision of swimming pools in the rear yard. Mr. Amil Jahna, representing E.R. Jahna; Industries, abutting property owner, once again stated that they had no objection to the development but did wish to state that there is an ongoing mining operation near the proposed development that has been in business since 1954 and hopes to continue to prosper for many years in the future. A motion was made by Marilyn George to recommend approval to the City Council as presented by staff, with Section 2, Condition 4 being changed to read "except for the ~~ parcel at the northwest corner of the development and Section 3, Condition 5, change "the total costs" to the developers pro rata share" and add a condition for the provision of a water reuse system and add a condition for the provision of a utilities agreement with the City. The motion was seconded by David Duncan. The motion was withdrawn by Marilyn George. Further discussion followed regarding the wording of the motion. The motion was remade by Marilyn George to recommend approval to the City Council as presented by staff, with the following changes: * A sentence. being added to Section 2, Condition 4 which reads "Access to Parcel .A-1 shall be permitted from S.R. 50 if the residential development precludes access from Hancock Road". The last sentence of Section 3, Condition 5 being changed to read "If signalization at S.R. 50 and Hancock Road is determined necessary pursuant to impacts of the development, the developers pro rata share will be borne by the permittee/ developer". • CITY OA CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING JULY 5, 1994 Page-13- A condition be added that the developer shall provide implementation for a wastewater reuse system, to be properly worded by Staff. A condition be added that an agreement for provision of utilities be established between the developer and the City, to be properly worded by Staff. This motion was seconded by David Duncan and approved by a unanimous vote. There being no further business the meeting was adjourned. ATTEST: Mim' Shaw, Planning Technician ~3ehi Chai n