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07-02-1996 Regular Meeting~ i CITY OF CLF.KMONT MINUTES PLANNING AND ZONING COMMISSION JULY 2, 1996 The meeting of the Planning & Zoning Commission was called to order Tuesday, July 2, 1996 at 7:00 P.M. by Chairman Robert Smythe. Members present were Keith Mullins, Joseph Janusiak, James Brown, Darryl Bishop, Joseph Wiebush, Marilyn MacLauchlin and Bi11 Rauch. Member Wendell McDannel was absent. Also attending were Lanny Harker, Director of Planning and Mimi Shaw Ogden, Planning Technician. MINUTES of the Planning and Zoning Commission meeting held June 4, 1996 were approved as presented. 1. REQUEST FOR REZONING APPLICANT: Chester C. Fosgate Company, Inc. LEGAL DESCRIPTION: A portion of Tracts 18, 19 and 20 of Lake Highlands Subdivision, Sec. 20, Twp. 22, Rng. 26. GENERAL LOCATION: East of North Ridge Subdivision REQUEST: Rezoning from RR Rural Residential to R-1 Urban Residential District. Mr. Harker explained that the subject site, containing 21.12+\- acres, is located east of the existing Northridge Subdivision. At the time the property was annexed into the City of Clermont it automatically received designation as Rural Residential (RR) which required a one (1) acre lot size. The owner of this site is requesting rezoning to R-1, Urban Residential District, for the property described above. However, modification of the R-1 to include certain R-1-A specifications, similar to the Northridge Subdivision development scenario, has been requested. Mr. Harker stated that discussion with the applicant has occurred concerning development in the same manner as the Northridge Subdivision where larger lot (R-1-A, lot size and frontage) platting would occur. The applicant has requested entering a predevelopment agreement with the City where lot requirements would mirror those of the Northridge Subdivision. This scenario for rezoning and development has been approved by the City Council for various adjoining properties in recent meetings (i.e., Critendon, Brockie/Ayres). In order to maintain continuity with the existing and recently approved development pattern for this area, prudent planning would indicate a predevelopment agreement should be executed. Fadsting land use of surrounding properties shows residential to the west (Northridge Subdivision), and vacant/agriculture to the east, north and south. The City Comprehensive Plan and zoning of adjacent property indicates a residential expansion pattern for the area. The applicant has indicated future development as ~ i CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION JULY 2, 1996 Page-2- residential. Based upon consistency with the approved Comprehensive Plans of the City and County, Staff recommends approval of the rezoning from RR (Rural Residential District) to R-1 (Urban Residential District) subject to formal execution of a predevelopment agreement. A motion was made by Marilyn MacLauchlin to recommend approval to the City Council as presented by staff, seconded by Joseph Janusiak, approved by a unanunous vote. 2. REQUEST FOR REZONING APPLICANT: Clermont City Council LEGAL DESCRIPTION: Lots 8 through 18, Lakeview Heights Subdivision GENERAL LOCATION: Property lying north of State Road 50 on the west side of Grand Highway. REQUEST: Rezoning from R-2 Medium Density Residential District to R-3-A Residential/Professional District. Mr. Harker explained that the City Council is initiating rezoning of the present residential properties located adjacent to Grand Highway from R-2 to R-3-A to facilitate a request made by a majority of the existing property owners. The rezoning will amend only those properties situated between Almond Street and the existing Highland Street right-of--way. The properties lying between Almond Street and SR 50 have previously been rezoned to R-3-A and the proposed action is a continuation of the prevailing development pattern. The proposed change will allow development of multi- family\professional office uses in this transitioning area of the City. Surrounding zoning of the area is C-2 to the north, R-3-A and C-2 to the south, R-2 and C-2 to the west, C-2 to the east. Mr. Harker further noted that the requested R-3-A zoning class cation is consistent with the Future Land Use District designation (UD-5) which would allow residential/ professional office uses. Tt is also compatible with Future Land Use Map directives which indicate residential/professional office use development to the north, south, and west, and commercial uses to the east. The surrounding land uses include single family residential, retail, professional office and commercial to the south, commercial to the east, multi-family residential to the north, single family residential to the west. • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION JULY 2, 1996 Page - 3 - Therefore, based upon consistency with existing development patterns, and demonstrated compliance with Future Land Use directives for the area, Staff recommends approval of this request for rezoning from R-2 to R-3-A. A motion was made by Bill Rauch to recommend approval of this rezoning to the City Council, seconded by Joseph Wiebush, approved by a unanimous vote. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Banyan Construction and Development LEGAL DESCRIPTION: Lot 6, Block F and portion of lots 5 and 7, Block F GENERAL LOCATION: Parcel located south of Grand Highway and west of Bloxam Avenue. REQUEST: A request for a Conditional Use Permit to allow the construction of a multi- family/townhouse development in the R-3 Residential/Professional District. Mr. Harker explained that the applicant is requesting a Conditional Use Permit for construction of a bfty-three (53) unit multi-family/townhouse development in the existing R-3 Residential/Professional District. The site contains 7.763 +/- acres of land, and is located on the west side of Bloxam Avenue, approximately 200 feet south of the intersection with Grand Highway. The site has previously been approved for amulti-family project (1991), and a single family subdivision reached preliminary plan approval stage last year. However, neither project proceeded through final approval, and this is the latest attempt at development of the property. Adjacent land use includes multi-family (duplex) and commercial to the east, a Planned Unit Development (Edgewood Lake) and single family residential to the north, vacant land and multi-family residential property to the south, and vacant property to the west. The proposed request is consistent with the UD-4 (undeveloped district) future land use district designation that permits up to eight (8) units per acre, and the future land use map classification that provides for residential use in the area. Mr. Harker stated that based upon compat2bility with existing development patterns, and consistency with future land use directives for the area, staff recommends approval of the townhouse project subject to the following conditions: • C17Y OF CLF.RMONT MINUTES PLANNING AND ZONING COMMISSION JULY 2, 1996 Page - 4 - 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 this conditional Use Permit 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 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 applicable rules and regulations for development within the City shall be met, including but not limited to, final site plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks. 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 final inspection and ongoing random inspections for compliance with Conditional Use Permits conditions. Mr. Harker stated that after discussion with the applicant, for clarification purposes, condition #5 should be changed to read as follows: 5. All required inspection costs will be borne by the applicant. This shall include the final inspection and inspections for compliance with Conditional Use Permit requirements. 6. The developer shall be responsible for the cost of all required on-site and off-site infrastructure improvements necessitated by impacts of the project. Mr. Harker stated that again for clarification purposes, Staff recommends condition #6 be changed as follows: 6. The developer shall be responsible for the cost of all necessitated on-site and off- site infrastructure improvements required by impacts of the project. 7. The multi-family residential townhouse development shall be permitted to construct housing at a density of eight (8) units per acre in accordance with provisions of Comprehensive Plan UD-4 Future Land Use district designation. • • CITY OF CLF,RMONT MINUTES PLANNING AND ZONING COMMISSION JULY 2, 1996 Page - 5 - 8. Noise levels during infrastructure and roadway construction shall not exceed those recommended by the Florida Department Environmental Protection (FDEP). Vibratory compaction shall be limited to the hours of 8:00 A.M. to 6:00 P.M. Monday through Saturday only. Vibration 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. on any work day. 9. Stormwater retention areas shall be constructed at a maximum relief 3:1 (H:V). The side slopes shall be sodded as required by the City and SJRWMD. 10. The permittee/developer shall provide grassing to the all disturbed areas, including fertilizer application, in accordance with approved plans of the City and SJRWMD. 11. Permeability tests must be submitted as part of the site plan review process. Permeability shall be maintained. 12. VeriScation of the stormwater run-off data, assumption & calculations shall 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. Again, for clarification purposes, Mr. Harker stated that Staff recommends #12 be changed to read: I2. Verbcation of the stormwater run-off data, assumption & calculations shall be provided and approved prior to any development activity. Positive outfall for stormwater shall be provided. 13. 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. 14. A Florida Department of Environmental Protection permit (potable water and sanitary sewer} for the multi-family/townhouse project shall be filed with the City prior to any development activity occurring on the site. 15. Sidewalks shall be required along all road frontages in accordance with adopted City Regulation. 16. Signage for the project shall conform to adopted City Regulation. i ~ CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION JULY 2, 1996 Page - 6 - 17. 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. 18. 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 At this time Chairman Smythe asked all those present who wished to speak in regard to this case be sworn in. Persons sworn in were Bill Darling of 691 Grand Highway, Clermont, Florida, Don Harris of 612 Grand Highway, Clermont, Florida, Jason Stringfellow and Judson Stringfellow of Banyan Construction, 903-A Jan Mar Court, Minneola, Florida. Mr. Darling, abutting property owner, asked if the developer would be providing a site/sound barrier between the properties. Jason Stringfellow stated that they have not gone through the construction plan process as of yet, however, the City does require a five (5) foot vegetative buffer. Mr. Darting stated that he would prefer a concrete block wall, as this type of project is somewhat transitory. Judson Stringfellow noted that these units would be sold they are not for rental purposes, similar to the Willows Townhouses. Don Harris asked how many units would be in each set. Jason Stringfellow stated that it averages out to about eight (8) units attached in each set. Some ares would be twelve (12) units. The contour of the land will dictate how many units can be put together without terracing into the next lot. Don Hams stated his concern that connecting more than four (4) units per set would not be aesthetically pleasing. Member James Brown asked the applicants if they had a problem with the concrete block wall. Jason Stringfellow noted that the cost to construct a block wall around the perimeter of seven acres would be quite considerable. • CITY OF CIERMONT MINUTES PLANNING AND ZONING COMMISSION JULY 2, 1996 Page - 7 - Mr. Darling noted that perhaps they could erect a wall between the R-3 and the R-1 property. Judson Stringfellow noted that they would investigate, however, a concrete block wall is far beyond was is normally required by the City for this type of development. Chairman Smythe noted that the concrete block wall is an issue that should be addressed by the City Council. A motion was made by Darryl Bishop to recommend approval to the City Council as presented by staff, with the changes made to condition numbers 5, 6 and 12, seconded by Marilyn MacI..auchlin, approved by a unanimous vote. There being no further business the meeting was adjourned. Robert Smythe, Chai an ATTEST: - Mi Shaw Ogden, Plannin Technician