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05-01-1984 Regular MeetingCITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 1, 1984 This regular meeting of the Planning and Zoning Comission was called to order by Chairman Jack Sargent on May 1, 1984 at 7:30 p.m. in the City Council Chambers. Members in attendance were Henry Czech, Adelbert Evans, Debbie Gaines, Nick Jones, Marie McKinney, Jack Sargent, James Shepherd and Bob Thompson. Pat Parker was excused. Also in attendance were City Manager George Forbes and Planning and Zoning Technician Marilyn George. MINUTES of the regular meeting held April 3, 1984 were approved as presented. Minutes of the workshop meeting held April 16, 1984 were approved as amended by changing Item 2. to read "5 - 8 dwelling units per acre." The motion for the change was made by Mr. Evans, seconded by Mr. Czech and unanimously carried. CONDITIONAL USE PERMIT. Asbury and Michael Floyd had requested a Conditional Use Permit (CUP) to establish a funeral home in the C-1 Light Commercial Zone at 858 West Minneola Avenue; the West 10' of Lot 10, Lot 12 and the East ~ of Lot 14, Block 93. The City Manager explained that the applicant wished to change the parking spaces from asphalt to grass, leaving the driveway asphalt. He also pointed out that the fence on the east is not on the property line, but some distance east of it, necessitating the moving of the parking spaces to the rear of the property, since enough space isn't available on the applicant's own property. A letter was read from Mr. Claude Smoak, a property owner within 150 feet of the property in question, stating that he had no objection to the request. During a brief discussion it was pointed out that Mr. Floyd will have to prepare a new site plan, showing the parking revisions, to be presented to City Council. It was suggested that Condition #6 have the word "final" deleted, and that "the" be changed to "an" in Con- dition #l. A motion was made by Mr. Evans, seconded by Mr. Shepherd and passed by unanimous vote THAT THE GRANTING OF THIS CUP ALLOWING THE ESTABLISH- MENT OF A FUNERAL HOME IN THE C-1 LIGHT COMMERCIAL ZONE BE RECOMMENDED TO CITY COUNCIL WITH THE FOLLOWING CONDITIONS: 1. The property must be developed in substantial accordance with an approved site plan. 2. If, at a future date, parking at this site proves 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. All required landscaping must be served with a permanent irrigation system and must be properly maintained. 5. This property may be used only as a funeral home. 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 Certificate of Occupancy cannot be issued until each of the stated conditions has been met. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 1, 1984 Page two 7. This permit shall expire if construction has not begun within one year of the date of this CUP. 8. 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. Chairman McCaffery, as owner, and Cardinal for a CUP for property known as: Sargent explained that Patricia Industries, as developer, had asked SE a of the NE a of Sec. 30, T. 22S, R. 26E, Lake County, Florida. Commence at the E a cor. of Sec. 30 and run S 87°35'35" W for 1321.04'; thence N 1°52'08" W for 506' to the P.O.B.; continue N 1°52'8" W 233.40' to a point on the N'ly line of Oak Dr. and the SE'ly cor. of Lot D of Oak View subdivision; thence S 88°04'17" W along S'ly line of Lot D 30.0'; thence N 1°52'08" W along a line parallel to E'ly line of Oak View subdivision 460.0'; thence N 88°04'17" E 30.0' to the E'ly line of Lot B of said subdivision; continue N 88°04'17" E 30.08'; thence N 89°53'16" E 3336.92' to point on W'ly ROW of U.S. Hwy 27, said point being on a curve concave to the SW having a radius of 650.0', a central angle of 6°21'07" and a ch. bearing of S 9°44'37" E; thence S'ly along said ROW line on said curve to the right 72.06 feet to a point of reverse curvature concave to the NE, said curve having a radius of 3899.83', a central angle of 0°59'53" and a ch. bearing of S 7°04'01" E; thence S'ly along said ROW line on said curve to the left 67.94'; thence departing from said ROW line run S 89°53'16" W 199.70'; thence S 13°38'59 E 537.55'; thence run S 1°52'08" E 52.21'; thence N 86°22'08" W 294.36' to the POB, containing 4.656 acres more or less. This site is between Oak View subdivision and Highway 27. The petitioners want to build 63 apartment units consisting of 51 one bedroom and 12 two bedroom units. The City Manager explained that, although the Ordinance requires two parking spaces per dwelling unit, Cardinal Industries has learned through experience with this type project that 1.5 spaces is more than adequate. He also explained that the Ordinance requires 600 square feet of living space per unit, and that Cardinal's units pro- vide only 576 square feet. He stated that the Cardinal represent- ative would have more to add on the subject. The one entrance/exit shown on the site plan will be allowed because there will be a "break-away" fence at the end of Oak Drive for emergency purposes. He corrected Condition #8 from "south" to "west". Jan Jacoby of Cardinal Industries stated that the list of conditions recommended by staff were satisfactory to Cardinal Industries. She went on to discuss several individual conditions, stating that they will work with the City Engineer on all phases necessary, and that the engineering plan already submitted will prevail, where there are differences in the plans. She stated that where other projects of this type had been developed, a storage area above the utility room had been included in the square footage, in order to meet requirements. Discussion concerned location of additional parking, if needed, and the appearance of the project. Members of the audience who made statements or asked questions were Gloria Montiverdi and Jean Fearing, who were concerned about the closing of Millholland Street. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 1, 1984 Page three Mr. Sargent urged the preservation of a large oak tree on the property. A motion was made by Mr. Evans, seconded by Mr. Shepherd and passed by unanimous vote THAT IT BE RECOMMENDED TO CITY COUNCIL TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF 63 APARTMENT UNITS IN THE C-2GENERAL COMMERCIAL ZONE SUBJECT TO THE FOLLOWING CONDITIONS: 1. The property must be developed in substantial accordance with the approved site plan. A sidewalk shall be constructed across the portion of this property abutting Highway 27. 2. If, at a future date, parking at this site proves inadequate, the applicant understands and agrees that the City Council may, by Resolution, require more parking to be constructed equal to that required by the City Code. A Covenant shall be placed on the parcel stating this fact. 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. All required landscaping must be properly maintained and served with a permanent sprinkling system. The drainage and stormwater retention requirements of FAC 17-25 and the Lake County Pollution Control Board must be met, properly maintained, and approved by the City Engineer. 5. The entire parcel owned by the McCaffreys, including this parcel, shall be subdivided according to the regulations of the City of Clermont. 6. All water and sewer lines will be constructed in a manner approved by the City Engineer and fire hydrants will be installed in areas designated by the Fire Chief. 7. A six-foot wood screening fence will be required along the west and south property line. This fence shall be of cypress with basket weave panels and be properly maintained by the owner. As many existing trees as possible should be left undisturbed by this development. 8. The deed for the west 50' of ROW from Oak Drive north must be redeeded by the City to the owner in order for the proper setbacks to be approved as shown on the site plan. Turnarounds should be provided on Oak Drive and Pine Lane. If this project is approved, • these streets will become permanent dead ends, since they will not go through to the Highway 27 service road. In addition, a utility easement shall be given to the City for the west 30 feet of the parcel from the north ROW line of Oak Dive to the south ROW line of Minnehaha Avenue. Existing sewer and storm sewer lines are located in this area. 9. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 10. This permit shall expire if comstruction has not begun within one year of the date of this CUP. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 1, 1984 Page four 11. 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. Derow Poynter et al. Mr. Forbes explained that Mr. Poynter had requested a CUP to establish a shopping center in the C-2 General Commercial zone at the following location: A parcel of land lying in Gov't lot 7 of Sec. 23 T22S R25E, Lake County, Florida. Comm at intr of ctrln SR50 and ctrln of SR561 th S 0°20'35"W aing ctrln sd SR561 181.02' to a pt that is NO°25'35"E a distance of 30' from an intr of ctrln of Broome St. and sd ctrln of SR561. Th N 89°18'22"W parallel with and 30' n'ly of the ctrln of sd Broome St. a distance of 992.87'; thence S 0°41'38"W 30.0' to a pt on the extension of ctrln of Broome St. Thence N 89°18'22"W along the said extension of the ctrln of Broome St. 99.70'; thence N 0°24'53"E 300.00' to POB; thence cont NO°24'53"E 274.76' to intr with S'ly ROW In of SR50; thence S65°56'40"E along said S'ly ROW In 327.48'; thence, departing ROW ln, run SO°24'53"W a distance of 144.90'; thence N89°18'22"W 300.00' to POB. Subject to a maintenance easement 5.0' ea side of line comm SE cor of above desc prop, run NO°24'53"E along the E In of prop 48.70' to POB; thence N72°41"W 36.0' to end of said easement ln. This parcel is located on the south side of Highway 50, east of Emer- ald Lakes Mobile Home Park. The City Manager explained that the property in this area has been developed in piecemeal fashion, and that it is important that radio station WWFL be able to tie into the sewer line to be established by this project, if necessary. He also stated that a frontage road must be maintained parallel to Highway 50. Tom Lemon of Emerald Lakes Mobile Home Park expressed concern about traffic problems, and Ken Peach of WWFL was reassured that the sewer will be available, but that the radio station will not be required to connect to it. Mr. Poynter explained that the project will be phased, with phases 1 and 2 to be completed at the same time, and that the infrastructure for the entire project will be completed with phases 1 and 2. A motion was made by Mr. Thompson, seconded by Mrs. McKinney and unanimously carried THAT IT BE RECOMMENDED TO CITY COUNCIL TO GRANT THE CUP ALLOWING THE CONSTRUCTION OF A SHOPPING CENTER IN THE C-2 GENERAL COMMERCIAL ZONE SUBJECT TO THE FOLLOWING CONDITIONS: 1. The property must be developed in substantial accordance with the approved site plan. The lowest floor elevation of all buildings must be 101.5. 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. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 1, 1984 Page f ive 4. All applicable rules and regulations shall be met, including final site plan approval, landscaping, parking, and sign regulations. The drainage and stormwater retention requirements of FAC 17-25 and the Lake County Pollution Control Board must be met and approved by the City Engineer. All drainage and re- quired landscaping must be properly maintained. All required land- scape buffers must be served with a permanent sprinkling system. 5. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 6. This permit shall expire if construction has not begun within one year of the date of this CUP. 7. If any of the stated conditions is violated, the applicant under- stands and agrees that the City Council may revoke this CUP by resolution. 8. The applicant is responsible for constructing, at his expense, a six (6) inch water line from Broome Street to serve this de- velopment. A fifteen (15) foot utility easement will be given to the City centered over this line. Fire hydrants must be installed as recommended by the Fire Chief. 9. The applicant is responsible for connecting, at his expense, to the City's sewer system in a manner approved by the City Engineer. The applicant will also pay the full cost of any improvements needed for lift station #2 to serve this development. The appli- cant will not prohibit radio station WWFL from connecting into the sewer line should they be requested to do so by the City of Clermont. 10. The applicant agrees to maintain the frontage road located on this property and sign a covenant that the frontage road can be used by abutting property owners and will be maintained by the owner. 11. The property must be subdivided. • There being no further business, the meeting was adjourned at 9:00 p.m. ((q .%+ . ~ ,. ~ /// °John N. Sargent, C airman TEST: (~C.i ~ C., - ~ ~--- yn Ge rge P & Z Te nician