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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