12-04-1984 Regular MeetingCITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 4, 1984
A regular meeting of the Planning and Zoning Commission was called
to order by Chairman John N. Sargent at 7:30 p.m on Tuesday,
December 4, 1984 in the City Council Chambers.
ROLL CALL. Members in attendance were Adelbert Evans, Debbie Gaines,
Nick Jones, John N. Sargent, James Shepherd and Bob Thompson. Absent
members were Henry Czech, Marie McKinney and Pat Parker. City staff
members present were Ron Thomas, Director of Building and Zoning,
City Attorney Leonard Baird, Jr. and Planning and Zoning Technician
Marilyn George. Councilman Richard Huff arrived after the meeting
began.
MINUTES of the meeting held November 6, 1984 were approved. as
presented.
CONDITIONAL USE PERMIT. Mr. Sargent introduced a request for a Con-
ditional Use Permit (CUP) by W. H. Management to construct thirty-two
(32) townhouse units in nine (9) buildings with a maximum of four (4)
units per building, a swimming pool and a community center on 3.341
acres at the following location:
that part of Tracts 49A and 50A, Lake Highlands Company,
according to the plat recorded in Plat Book 3, page 38,
Public Records of Lake County, Florida, lying E. of U.S.
Highway 27 in Sec. 19, T 22S, R 26E, Lake County, Florida
containing 3.341 acres described as follows: Commence at the
E 1/4 corner of said Sec. 19, run O1°00'00" E along the E
line of said Sec. 19, a distance of 1317.00' to the eastern
extension of the centerline of Desoto Street, S 89°39'00"W
along the eastern extension, a distance of 30.00 ft. to the
W ROW of Grand Ave. (Highway) for the POB; S 89°39'00"W along
the centerline of said Desoto St. (unopened) a distance of
725.82 ft. to the E ROW of said Highway 27, SE'ly along said
E'ly ROW, through a curve to the right having a radius of
5849.65 ft. an arc distance of 118.71 ft.; S 15°09'29" E,
continuing along said E'ly ROW a distance of 92.20 ft.;
N 89°39'00"E parallel with said Desoto St. a distance of
683.37 ft. to said ROW of Grand Ave.; N O1°00'00"W along
said W ROW of Grand Ave, also parallel with and 30.00 ft.
from said E line of Sec. 19 a distance of 205.92 ft. to the POB.
Mr. Thomas explained that a CUP had been granted for a similar request
under the name of W. G. Management in June, 1983 but had been allowed
to expire. He explained that a new architect and a new engineer had
been retained by the petitioner.
Bill Temby, representing the engineering firm of Gee and Jenson for
W. H. Management, stated that his client had read and was in con-
currence with the list of conditions recommended by City staff.
Mr. Thomas explained, in answer to a question from Mr. Thompson, that
changes had been made in the paths of roads and the alignment of
buildings, presumably to control water flow. Mr. Evans stated that
the drainage and detention plans appeared to be much improved, and
suggested that storm drainage pipes be aligned in a more rectilinear
fashion.
Mr. Jones asked if the Subdivision Ordinance addressed the length
permitted for a dead-end drive, and asked about the location of
dumpsters. Mr. Thomas explained that these items would be treated
at the time a building permit is issued.
Mr. Temby explained that there was still much work to be done before
construction could begin, but that he felt sure the project would be
underway within the confines of the permit.
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 4, 1984
Page two
Mr. Jay Vander Meer, an adjacent property owner, asked if he is
be reimbursed for the water line he installed across the subject
property several years ago, and Mr. Thomas was advised to check
the matter.
to
into
A MOTION WAS MADE BY MR. EVANS, SECONDED BY MR. THOMPSON AND UNANI-
MOUSLY APPROVED THAT APPROVAL OF THE CONDITIONAL USE PERMIT TO ALLOW
• CONSTRUCTION OF THIRTY-TWO TOWNHOUSE UNITS AT THE ABOVE MENTIONED
LOCATION BE RECOMMENDED TO CITY COUNCIL, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. The property must be developed in substantial accordance with an
approved site plan. The density of the development shall not
exceed 32 units.
2. If, at a future date, parking at this site proves inadequate,
the applicant understands and agrees that the City may require
more parking or rescind this CUP.
3. No further expansion of the use or additions to this facility
shall be permitted except as approved by another CUP.
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 land-
scaping must be served with a permanent irrigation system and
must be properly maintained. The drainage and stormwater reten-
tion requirements of the Lake County Pollution Control Board and
FAC 17-25 must be met, and approved by the City Engineer. These
areas must be properly maintained.
5. This property may be used only as a complex for multi-family
residences. No other business operation may be conducted from
this facility. This CUP is not transferable to any other business
use, person or corporation.
6. The final Certificate of Occupancy cannot be issued until each
of the stated conditions has been met.
7. If the project is to be phased, all public works improvements
such as storm sewers, driveways, parking, sidewalks, sewer, water
lines and final building grades must be completed for the entire
project, approved by the City, and as builts received and certi-
fied correct by the engineer of record before any building permits
can be issued.
8. This permit shall become null and void if construction has not
begun within one year of the date of this CUP.
9. If any of the stated conditions is violated, the applicant under-
stands and agrees that the City Council may revoke this CUP by
resolution.
10. A buffer strip of trees and hedges must be installed as shown on
the site plan, with a sprinkling system to maintain same.
11. A sewer main must be installed to the north property line in
accordance with plans approved by the Utilities Director and the
City Engineer. No sewer line shall be installed until the
developer performs all engineering work necessary to determine
the proper depth of the line for future extension north on Grand
Highway to Pitt Street.
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 4, 1984
Page three
12. No water service shall be supplied until the assessment for the
water line is repaid.
13. A sidewalk shall be constructed according to City standards along
the east property line. The developer shall widen Grand Highway
to allow turning lanes for ingress to and egress from this devel-
opment. Plans for the turn lane must be approved by the City
• Engineer.
CONDITIONAL USE PERMIT. Mr. Sargent introduced a request by Bob Wade
for a CUP to allow excavation and grading of property at the following
location:
Parts of Tracts 4, 5B and 5A in Sec. 29-22-26.
Mr. Thomas remarked that the site plan showed the Wade property line
running through Walton Subdivision, and that he would like to have
the matter clarified before discussion of the CUP began.
Ben Blackburn, a surveyor, explained that a discrepancy existed
between the Lake Highlands Subdivision survey and a Government survey.
He stated that the corners used in the survey of this property were
based on the Government survey. He further stated, with Mr. Wade's
concurrence, that quit-claim deeds had been given by Mr. Wade to the
three property owners involved in the boundary dispute.
After further discussion concerning the property line, a question was
raised about whether this request is the same one denied by Council
last month, and Mr. Baird stated that there was enough difference to
allow the Commission to act on it.
Mr. Wade explained that an interested party had an option to purchase
the land for a congregate living project, and that the Lake County
Commissioners had given their blessing to the project. In answer to
Mr. Sargent's question, Willard Hobecke, an associate of Mr. Wade,
explained that the Board of County Commissioners had been asked by
Westcott Development Company to exercise its option with the Orange
County Housing Authority to make multi-family bonds available in Lake
County, and that the Commissioners had agreed to the request, subse-
quent to the approval of the entire PUD package by the City of Cler-
mont. He further stated that Mr. Wade would be back before the
Planning and Zoning Commission for approval of a PUD.
The following nearby property owners spoke at this time.
Steve Batchelor expressed concern about the location of property lines
and that the present request appeared to be the same one acted upon a
month ago. He stated that, until signatures were on the necessary
documents, no development would take place, and that he feared that
something other than the project mentioned by Mr. Wade would occupy
the property.
William Carrier asked to have the survey corners pointed out. He
stated that some trees he had been told were on his property had
been "lost" because of relocation of the boundaries.
Marion La Place expressed dismay that the tranquil atmosphere of the
area would be destroyed. She also questioned the location of the
point of reference for the 100 foot required setback.
Richard Gano stated that he has a 1959 survey showing the placement
of his house.
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 4, 1984
Page four
Mr. Baird explained that the boundary dispute has been through the
legal system and that the north line of Walton Subdivision will be
used.
Stewart Hart stated that some of his trees on eighteen lots he owns
in Walton Subdivision had been removed when he arrived in the area
this fall.
Ben Blackburn stated that he thought a setback of twenty-five feet
should be enough, and that 2:1 slopes are adequate for preventing
erosion.
Steve Batchelor voiced his concern that the damage done by wind is
as bad as, or worse than, the damage caused by erosion. He stated
that clay covers the front of his house and that Mr. Gano has had to
close down his pool. He expressed fear that his house may sustain
permanent damage due to tremors caused by heavy equipment operating
in the vicinity.
Mr. Wade said that he is working with Mr. Batchelor and Summit Re-
sources to minimize the problem.
A discussion concerning the type of development to be done ensued,
after which Mr. Evans stated that the Commission is being asked to
address an ephemeral concept, and that he feels that the request is
no different than last month's. He suggested that this project
should not be acted on by Planning and Zoning or Council until the
PUD plan has been presented.
Further discussion of setbacks, slopes, and use of the site followed.
Objections were raised about grading being done before the fact, when
any necessary grading would be part of a PUD.
A MOTION WAS MADE BY MRS. GAINES, SECONDED BY MR. EVANS, AND APPROVED
BY A FOUR TO TWO VOTE (THOMPSON AND JONES VOTING NAY) THAT IT BE
RECOMMENDED TO CITY COUNCIL TO DENY THE REQUEST FOR THE CUP BECAUSE IT
IS BASICALLY THE SAME AS THE PREVIOUS REQUEST AND A PLAN WITH MORE
DETAIL IS NEEDED.
The meeting adjourned for a ten-minute break at this point.
CONDITIONAL USE PERMIT. Mr. Sargent introduced a CUP request by
Williams Steel Industries for permission to construct a building
approximately 60' by 160' in the M-1 Industrial zone. He explained
that a CUP is required because the manufacturing facility is over
7000 square feet in area.
Mr. Thomas explained that a small building on the site will be removed
to facilitate construction of the proposed structure. He stated that
compliance with an earlier CUP has been achieved, except for a part
of the landscaping, damaged by last winter's freeze.
Chuck Feldman, Vice President of Operations for Williams Steel,
stated that the new building will be used for the manufacture of
acoustical panels for their new contract.
After a brief discussion, during which it was established that exis-
ting parking facilities will be adequate, A MOTION WAS MADE BY
MR. THOMPSON, SECONDED BY MR. SHEPHERD AND UNANIMOUSLY APPROVED THAT
APPROVAL OF THE CONDITIONAL USE PERMIT BE RECOMMENDED TO CITY COUNCIL,
SUBJECT TO THE FOLLOWING CONDITIONS:
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 4, 1984
Page five
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 inadequate,
the applicant understands and agrees that the City may require
more parking or rescind this CUP.
3. No further expansion of the use or additions to this facility
shall be permitted except as approved by another CUP.
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 land-
scaping must be served with a permanent irrigation system and
must be properly maintained. The drainage and stormwater reten-
tion requirements of the Lake County Pollution Control Board and
FAC 17-25 must be met, and approved by the City Engineer. These
areas must be properly maintained.
5. The conditions outlined in Resolution No. 424 dated April 12, 1983
are still in effect and shall become a part of this Conditional
Use Permit.
6. All work will be performed by licensed contractors and an
architect or engineer must certify all building plans and
building as built.
7. The final Certificate of Occupancy cannot be issued until each
of the stated conditions has been met.
8. This permit shall become null and void if construction has not
begun within one year of the date of this CUP.
9. If any of the stated conditions is violated, the applicant under-
stands and agrees that the City Council may revoke this CUP by
resolution.
CONDITIONAL USE PERMIT. Mr. Sargent introduced a CUP request by Tim
VanderMeer, President of TVM, Inc., for property owned by Otto Koppius
to allow leveling of the property to one to two feet above the grade
of Highway 50 at the following location:
The W ~ of Lot 24, Lake Highlands Co. lying S of the S'ly
ROW line of S.R. 50, in Sec. 29 T 22S R 26E, as recorded in
Plat Book 2, page 25 of the Public Records of Lake County, FL.
less the S 318.54 ft. (SE corner of Grand Highway and S.R. 50)
Mr. Thomas pointed out that the site plan shows that a segment
about 20' by 171' in size is under different ownership, and that
the boundary line should be definitely established before action
could be taken.
Tim VanderMeer stated that he and Bob Wade, owner of the small strip
in question, had reached an agreement allowing that strip to be
leveled as shown on the site plan.
Mr. Thomas recommended that Bob Wade's name appear on the application,
and read the conditions recommended by City staff, which appear as
part of these minutes.
Tim VanderMeer explained that the proposed leveling of the property
will make it more saleable. He objected to the recommended 100 foot
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 4, 1984
Page six
setbacks, stating that a 100 foot trench would be left down the
center of the property.
Ben Blackburn distributed slope elevation drawings to the Commission
members. He requested a twenty-five foot setback, stating that the
safety factor for cars leaving Grand Highway would be improved. A
brief discussion and examination of the drawings followed.
• Tim VanderMeer referred to Condition No. 9 Hours of Operation, stating
that it may be necessary to work on Saturday because of the way build-
ers in the area work. He expressed the opinion that it would cause no
problem because there are no residences in the immediate area.
Jay VanderMeer spoke in favor of the highest and best use of property
without detriment to neighbors, and in favor of private property
rights. He also felt that the safety of Grand Highway would. be im-
proved.
During a very lengthy discussion concerning slopes and setbacks,
Mr. Evans recommended that Condition No. 5 be amended by recommending
that the site be planted with soil holding material as a minimum
landscaping requirement. It also was recommended by Mrs. Gaines that
the hours of operation be changed to accommodate Saturday work. After
further discussion, A MOTION WAS MADE BY MR. JONES, SECONDED BY MR.
SHEPHERD AND PASSED BY UNANIMOUS VOTE THAT APPROVAL OF THE CUP TO ALLOW
LEVELING OF THE PROPERTY AT THE SOUTHEAST CORNER OF GRAND HIGHWAY AND
HIGHWAY 50 TO ONE TO TWO FEET ABOVE THE GRADE OF HIGHWAY 50 BE RECOM-
MENDED TO CITY COUNCIL WITH THE FOLLOWING AMENDED CONDITIONS. THE
SLOPE INDICATED ON THE SOUTH IS TO BE 5:1, ON THE EAST SIDE 2:1, THE
SLOPE CHANGED TO 3:1 ON THE WEST AND THE SETBACK FROM GRAND HIGHWAY
IS TO BE TWENTY-FIVE FEET. THE PROFILE DOCUMENT AND PLAN ARE TO BE
MADE PART OF THE RECORD AND REVIEWED BY THE CITY ENGINEER.
CONDITIONS:
1. The property must be developed in accordance with the approved
excavation plan.
2. No further expansion of the use shall be permitted except as
approved by another CUP. All applicable rules and regulations
must be met.
3. This property may be used only for a mining and excavation
operation. No other business operation may be conducted from this
property. This CUP is not transferable to any other business use,
person or corporation.
4. Setbacks and slope. The slope on the south property line is to
be 5:1, the slope on the east property line is to be 2:1, the slope
on the west property line is to be 3:1, and the setback from the
Grand Highway right-of-way is to be twenty-five (25) feet. The
profile drawing and the contour map presented with the request are
to be made part of the record and reviewed by the City Engineer.
5. The permittee shall submit to the City Engineer a site reclamation
plan prepared by a registered engineer, and approval must be
obtained from the City Engineer before work can begin. A regis-
tered engineer shall certify to the City that the final reclama-
tion plan and all conditions of this permit have been met within
twenty (20) months of the date of this CUP.
The plan of reclamation must include, but not be limited to, the
following: (1) Removal, stockpile and replacement of topsoil;
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
December 4, 1984
Page seven
(2) Points of ingress and egress for vehicles utilizing the
mining operation; (3) Landscape plan, with planting of soil
holding vegetation as a minimum requirement; and (4) Original
and final elevations using one foot contour intervals based
on NGVD.
6. Any equipment or structure necessary for the extraction of fill
dirt on site may be used and stored on the site.
7. Drainage. Provision shall be made, and approved by the City
Engineer before work can begin, for drainage detention and
retention areas.
8. Site clean-up. All debris, refuse, junk, poles, piling and cables
shall be removed from all disturbed lands as part of the reclama-
tion process. All structures shall also be dismantled and removed
except where their reuse is consistent with post-reclamation land
use goals. Temporary roads shall be returned to grade.
9. Hours of operation. Excavation work may begin each weekday and
Saturday no earlier than 7:00 a.m. and must end each day no later
than 6:00 p.m. No work may be done on Sunday.
10. Storage of excavated material. All excavated material must be
stored in a location approved by the building official.
11. This permit shall become null and void if excavation work has not
begun within one year of the date of this CUP. This permit shall
expire twenty (20) months after the date of this CUP.
12. If any of the stated conditions is violated, the applicant
understands and agrees that the City Council may revoke this
CUP by resolution.
The applicant must obtain a grade and fill permit from the City
Building Department. It is understood and agreed that the permit
shall be revoked if the approved excavation plan or the conditions
of this permit are not adhered to.
Mr. Sargent asked permission of the Commission members to defer his
report on a planning seminar he attended. until next month.
There being no further business, the meeting was adjourned at
10:45 p.m.
~ ~', a~~~ ~-,_.~.
a ~~
,;~/John N. argent, irman
ATTEST:
_,
~, ~~
:~. ~~ ~
Marilyn C~. Geo ge, ~ & Z Te nician