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05-03-1988 Regular Meeting• CITYOF CLERMONT • 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. 1 • CITY OF CLERMONT MINUTES 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 2 • this facility. transferable to corporation. 6. The final Cer.tif each of the stated • CITY OF CI,ERMONT MINUTES 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 3 • • CITY OF CLERMONT MINUTES 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 4 • • CITYOF CI~ERMONT MINUTES 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. 5 CITYOF CI.ERMONT MINUTES 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. 6 • • CITYOF CLERMONT MINUTES 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 7 CITYOF CI~ERMONT MINUTES 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 8