05-03-1988 Regular Meeting•
CITYOF CLERMONT
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MINUTES
PLANNING & ZONING COMMISSION
MAY 3f 198$
The regular scheduled meeting of the Planning & Zoning Commission
was called to order by Chairman John Sargent. Members present
were Aldel.bert Evans, Ceci.1. Smart, Mari.l_yn George, Bonnie Kranz,
Curt DiCamillo and Robert Mitchell. Members Don Smith and Debbie
Ga~.nes were excused. Also attending were James McAllister City
Planner and Jane Warren Planning and Zoning Technician.
MINUTES of the meeting held April. 5, 1988 were corrected to show
Don Smith as present and Cecil Smart as excused.
NEW BUSINESS
Mr. Sargent introduced Item No. 1.
Considerata_on of revocation of the Conditional Use Permit issued
to Initial Capital Outlay, Inc. September 14, 1983 (Hillside
Villas).
Mr. Sargent requested staff's recommendations.
Mr. McAllister advised the Commission that Mr. Saunders the City
Manager was recommending that the Conditional Use Permit be
revoked and referred to the memo from Mr. Saunders detailing the
history of this project.
Mr. McAllister did advised the Commission that Dr. Frazier, the
developer of the project, had informed the City that a new
contractor has been retained to complete the project within sixty
(60) days.
Mr. McAllister recommended before any consideration of an
extention be given that a valid copy of the contract be presented
to the City to determine the intent of the developer.
Mr. Howard Barry of 439 Carroll Street was present and stated
concern about the on going extensions being granted to the
developer.
Mr. Mitchell expressed concern that neither Dr. Frazier nor a
representative were present and questioned their concern
regarding the revocation of the Conditional Use Permit.
Mr. McAllister advised the Commission that Dr. Frazier had been
informed of this meeting and suggested that Dr. Frazier would be
present at the City Council meeting of May 10, 1988.
After a brief discussion a motion was made by Mrs. George to
recommend to the City Council that revocation of the Conditional
Use Permit be automatic, sixty (60) days from the May 10, 1988
City Council meeting, if the site preparation has not been
completed, seconded by Mr. Kranz.
Mr. Mitchell requested an amendment to the motion which would
require that the City Council would be given verification of a
valid contract at their May 10, 1988 meeting before any extention
would be granted to the developer. If verification could not be
obtained Mr.Mitchell recommended revocation at the May 10, 1988
meeting, Mrs. George and Mrs. Kranz agreed to the amendment.
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Mr. Evans stated that he felt that the developer. has not shown
a good faith effort during the development of this project and
suggested that the developer was seeking an open ended contract
with the City.
The motion was approved by 6-1 vote. Member Evans voting nay.
Mr. Sargent introduced Item No. 2.
CONDITIONAL USE PERMIT BY RICK WEBER
PERMITTEE: Rick Weber
PROPERTY: PROPERTY: City Block 79 Lots 15, 17, 19 and the North
50 of Lots 18 and 20.
LOCATION: Weber Townhomes on Osceola Street and Eighth Street
ZONING: R-3 Residential/Professional Office District
C-2 General Commercial
CONDITIONAL USE PERMIT FOR:
To construct two (2) additional townhomes.
RESOLUTION: No. 582
Mr. Sargent requested staff's recommendations.
Mr. McAllister stated the proposed development would not adversly
affect traffic circulation nor would it have any impact on the
surrounding land use. Mr. McAllister advised the Commission that
the construction of these two (2) additional units would put the
maximum lot coverage over the 25~ allowed in R-3
Residential/Professional District and suggested a condition
allowing a maximum coverage of 40~ coverage.
Neither Mr. Weber nor a representative were present.
Mr. McAllister recommended approval of this request be granted
subject to 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 inade-
quate, the applicant understands and agrees that the City
may require additional parking or rescind this Conditonal
Use Permit.
3. No further expansion of the use or additions to this
facility shall be permitted except as approved by another
Conditional Use Permit.
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
landscaping must be served with a permanent irrigation
system and must be properly maintained. The drainage and
stormwater retention requirements of the appropriate
regulatory agencies must be met, and approved by the City
Engineer. These areas must be properly maintained.
5. This property may be used only as townhome dwelling units
only. No other business operation may be conducted from
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this facility.
transferable to
corporation.
6. The final Cer.tif
each of the stated
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CITY OF CI,ERMONT
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This Conditional Use Permit. is not
any othex business use, person or
i.cate of Occupancy cannot be issued until
conditions has been met.
7. This permit shall expire if construction has not begun
within one year of the date of this Conditional Use Permit.
8. 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.
9. Maximum lot coverage of 40~.
A motion was made by Mr. Evans to recommend to the City Council
approval of this request, as presented by staff, seconded by Mr.
Smart and approved by unanimous vote.
Mr. Sargent introduced Item No. 3.
CONDITIONAL USE PERMIT BY R. E. ALLISON
PERMITTEE: R. E. Allison
LOCATION: 885 West Lake Shore Drive
ZONING: R-1 Urban Residential
CONDITIONAL USE PERMIT FOR:
To construct a boat house with a front yard setback of
twenty (20) feet rather than the thirty-five (35)
required.
RESOLUTION NO. 581
Mr. Sargent requested staff's recommendations.
Mr. McAllister stated he is recommending approval of this request
and also added that he would be recommending an amendment to the
Zoning Ordinance deleting boathouses as a Conditional Use. Mr.
McAllister stated the City will require an Exemption Letter or a
Permit Letter from the necessary regulatory agencies before any
Zoning Clearance can issued and recommended approval with the
following conditions:
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 inade-
quate, the applicant understands and agrees that the City
may require additional parking or rescind this Conditional
Use Permit.
3. No further expansion of the use or additions to this
facility shall be permitted except as approved by another
Conditional Use Permit.
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
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J_andscaping must. be served with a permanent irrigation
system and must be properly maintained. The drainage and
stormwater retention r_equir_ements of the appropriate
regtalator.y agencies must be met, and approved by the City
Engineer, These areas must be properly maintained.
5. This structure may be used only as a boat house only. This
Conditional Use Permit 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. This permit shall expire if construction has not begun
within one year of the date of this Conditional Use Permit.
8. If any of the stated conditions are violated, thetha applicant
understands and agrees that the City Council may revoke this
Conditional Use Permit by resolution.
Mr. Sargent asked if there had been any response from any of the
adjacent property owners.
Mr. McAllister advised the Commission a letter had been received
from Mr. Robert R. Harvey stating he had no opposition to the
request.
Mr. David Peterson of 916 Lakeshore Drive was present and
expressed concern regarding needless deviation from the
regulations of the Zoning Ordinance. Mr. Peterson urged the
Commission to deal with caution when granting any exemptions and
not to apply the "good ole boy" method of decision making, to
these requests.
Mr. Mark Edwards of Overlook Drive was present and stated he felt
that the Commission should stay within the regulations of the
Zoning Ordinance and not give in to the "good ole boy" system.
Mr. Howard Barry was present and questioned if the plans met the
requirements of the City staff for Site Plan Review.
Mr. Sargent advised Mr. Barry that the plans could not have been
accepted by the City for presentation to the Commission if they
did not met the requirements for Site Plan Review.
In response to the public response regarding the recommendation
of staff to the Commission, Mr. McAllister stated his decision
was based on the situation at hand and the general character of
the neighborhood not on the "good ole boy"system nor individual
preference.
After a brief discussion a motion was made by Mr. Mitchell,
stating because of no proof of hardship, denial be recommended to
the City Coucnil, seconded by Mr. DiCamillo and approved by 5-2
vote. Members Sargent and Smart voting nay.
Mr. Sargent introduced Item No. 4.
CONDITIONAL USE PERMIT BY PERMITAT INC.
APPLICANTS: POYNTER-THOMPSON PARTNERSHIP
OWNER: Permitat Inc.
APPLICANT: Poynter-Thompson Partnership
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CITYOF CI~ERMONT
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PROPERTY:That part of City Blocks A and B
Lots 1, 2 and 3 (7.?.+) acres located on CR 561 and the
Division Street right-of-way at the Clermont/Minneola
Line.
ZONING: R-3 Residential/Professional District
CONDITIONAL USE PERMIT FOR: To construct Townhomes
RESOLUTION: No. 579
Mr. Sargent requested staff's recommendations:
Mr. McAllister advised the Commission that Rick McCoy, engineer
for_ the project, present a new site plan to the City today, May
3, 1988. The plan being basically the same as the one before the
Commission, the main difference being the parking area by the
clubhouse which would be moved to the northwest corner of the
project.
Mr. Sargent stated he felt the plan presented by the engineer
today is substantially different from the one which was furnished
to Commission.
Mr. McAllister agreed that there were differences in the plan,
but pointed out that the new plan would be a more desirable
development.
Mr. Poynter and Mr. Thompson were present and stated that they
had not studied the plan in detail, but in a brief review of the
plan they felt it was a better development.
Mr. Thompson stated he felt there were not substantial
differences in the plan, stating there have been only minor
changes in
the number of units, retention area location, setbacks, clubhouse
and pool location. Mr. Thompson pointed out the substantial
difference is the location of the road, which is an engineering
concern.
Mr. Kelly of 250 Crestview Drive was present and questioned if,
there was enough acreage for the proposed density of 56
townhomes.
Mr. Sargent advised Mr. Kelly the Land Use of that parcel allows
for 8 units per acre. The applicant has approximately 7.2 acres.
Mr. Howard Barry stated he felt the density was too high and
suggested that the City consider lowering the density in the
future.
Mr. Poynter stated that when the original concept was present to
the City there was an additional 109 feet on the south side of
the property that was being considered as part of the parcel.
Title of the property could have been obtained only with an
adverse possession clause, therefore not having clear title, the
decision was made not to purchase this additional tract.
Connie Grotenhuis of 290 Crestview Drive was present and
expressed concern regarding the numerous plans presented to the
City and as an adjacent property owner to the project requested
that the City and the developer develop as final a plan as
possible.
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CITYOF CI.ERMONT
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Mr. David Peterson pointed out that the applicant is not
requesting a variance and is proposing a concept that is well
within the regulations of the Zoning Ordinance.
Mr. Kelley expressed concern regarding the boundaries of his
property and that of the proposed project, stating he felt the
boundaries were over lapping. Mr. Kelley presented a tax bill
from 1976 showing that he was paying taxes on a portion of the
property claimed by the developer.
Mr. McAllister pointed out that the current description does not
show the east 1/2 of the right-of-way which Mr. Kelley
referred to. Mr. McAllister pointed out in that the subdivision
was replatted in 1972 and at that time the 60 foot right-of-way
was vacated. Mr. McAllister stated he had contacted Ed Havill,
the Lake County Property Appraiser, and had been informed that
the County had not been removed from the legal description until
after 1976. Tax bill of 1977 and thereafter should have the
correct legal description. Mr. McAllister suggested, if Mr.
Kelley was uncertain of the legal description of his property,
that he contact the Property Appraiser's office.
Mr. McAllister did expressed concern regarding the completion
date of the project. Rather than leaving an open ended contract
Mr. McAllister suggested a time frame be incorporated into
Condition No. 7.
After a lengthy discussion it was suggested
date of two years after the issuance of
Clearance would be sufficient.
Mr. McAllister recommended Condition No. 21 b~
the removal of the well and septic system on
to use the well, if any, would be presented
Site Review.
that a completion
the first Zoning
amended to address
the site and plans
to the City during
Mr. McAllister recommended an additional condition requiring one
tree be planted for each dwelling unit and that the developer be
given credit for any existing trees on the site.
Mr. McAllister recommended approval of this request subject to
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 inade-
quate, the applicant understands and agrees that the City
may require additional parking or rescind this Conditional
Use Permit.
3. No further expansion of the use or additions to this
facility shall be permitted except as approved by another
Conditional Use Permit.
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
landscaping must be served with a permanent irrigation
system and must be properly maintained. The drainage and
stormwater retention requirements of the appropriate
regulatory agencies must be met, and approved by the City
Engineer. These areas must be properly maintained.
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CITYOF CLERMONT
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5. This property may be used only as townhome dwelling units,
limited to eight (8) units per acre with clubhouse
facilities. No other business operation may be conducted
from this faci]i.ty. Th~.s Conditional Use Permit 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. This permit shall expire if construction has not begun
within one year of the date of this Conditional Use Permit.
All construction shall be completed within two years of the
date of issuance of the first Zoning Clearance.
8. 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.
9. The applicant shall construct a deceleration lane northbound
(NB) on CR 561 and a left turn lane south (SB) on CR 561.
10. The applicant shall stub out Division Street to a design
acceptable to the City Engineer.
11. The pier/dock facilities shall be included in an appropriate
phase of construction and will be subject to Site Plan
Review.
12. The applicant shall construct a Lift Station on the
southwest (SW) portion of the site and construct a force
main to tie into that line west of East Avenue.
13. A six (6) inch water line shall be constructed tying into an
area alongside Edgewood Street running north to Division
Street, then west to project site. The main shall extend to
the southwest (SW) corner of the site and terminate with a
hydrant.
14. The applicant shall dedicate to the City enough land
necessary to total eighty (80) feet of right-of-way on CR
561.
15. The clubhouse shall be no larger that 3000 square feet and
shall be used only by residents and their guests. Lighting
for the exterior and parking areas of the clubhouse shall
not create glare conditions toward Edgewood Place
Subdivision.
16. The clubhouse shall setback a minimum of eighty (80) feet
from the eastern property line.
17. The final development plans shall reasonably reflect the
same site planning and design as shown on the concept plan.
Any major deviation from such concept plan as determined by
staff shall require an amendment to this Conditional Use
Permit.
18. All covenant and deed restrictions must be filed with the
City prior to the issuance of any Certificate of Occupancy.
19. Property west of CR 561 shall be under common ownership.
20. All dwelling units, interior roadways and parking spaces
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CITYOF CI~ERMONT
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shall be setback a minimum of fifty (50} feet from the
eastern property line.
21. The existing house and septic tank on the property shall be
removed in an acceptable manner. If the existing well is to
be used for an irrigation system, plans must be submitted
during site review, otherwise the well must be safely
abandoned.
22. Sidewalks shall be constructed along the entire length of
Division Street and CR 561.
23. The clubhouse shall be located between the pool and Edgewood
Place Subdivision.
24. A11 parties must be satisified as to the location of the
eastern boundry line.
25. One tree shall be planted for each dwelling unit. The
developer shall be given credit for any existing trees on
the site.
After a brief discussion a motion was made by Mr. Smart to
recommend to the City Council approval of this request as amended
by staff and the Commission, seconded by Mr. Evans and approved
by unanimous vote.
There being no further business the meeting was adjourned.
John Sarge Chairman
ATTEST:
~Q2 ~~~%~
J e Warren
lanning & Zoning Technician
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