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04-05-1988 Regular Meeting• • CITYOF CLERMONT MINUTES PLANNING AND ZONING COMMISSION APRIL 5, 1988 The reg~.ilar scheduled meeting of the Planning and Zoning Commission waG called to order by Chairman John Sargent on April 5, 1988 at. 7:30 p.m. Members attending were Adelbert Evans, Debbie Gaines, Don Smith, Mari~.yn George, Bonnie Kranz, and R.ober. t M_trhe7.1_ . Member_ s Cecil Smart and Curt DiCamillo were excused- Also attending were James McAllister City Planner and Jane Warren Planning and Zoning Technician. MINUTES of the meeting held February 2, 1988 were approved as presented. At this time Mr. Sargent welcomed new member Robert Mitchell to the Commission. NEW BUSINESS Mr. Sargent introduced Item No. 1. CONDITIONAL USE PERMIT FOR CHERRY KNOLL OWNER: Permitat Inc. APPLICANT: Poynter Thompson Partnership 295-1 East Hwy 50 Clermont, Fla. 32711 PROPERTY: That part of City Blocks A and B Lots 1, 2 and 3 (9.4 acres located on CR 561 and the Division Street right-of-way at the Clermont/Minneola Line. ZONING: R-3 Residential/Professional District REQUEST: To construct 56 Townhomes The proposed site is located in the UD-4 Land Use District. This category allows multi-family residential development with a maximum density of eight (8) units per acre, on property north of Grand Highway. As planned, this development will have a density of six (6) units per acre. The applicant however may have to develop the property at the maximum density allowed as negotiations on the sale of the property may delete approximately two (2) acres from the concept plan. Mr. Sargent requested staff's recommendation at this time. Mr. McAllister advised the Commission of several changes that had taken place prior to the meeting: 1. The applicant will not be acquiring approximately 2 acres south of the proposed site. 2. The acreage at this time is 7.4 acres 3. Approximately 10 units will be eliminated from the concept plan. 4. The clubhouse will be located closer to the units on the northeast portion of the site. • • CITY OF CI~ERMONT MINUTES 5 . A pool. wi7.1 be 1_or_ated at the cti~.hhoi.ise . Mr. McAI l a ste.r a7 so nointPd ot~t that there has been some confusion as to the 1or_ation to the actual property lines. Mr. McA1.7ster referred to a ropy of a survey provided for the Commission and explained that a h0' right-of-way running north and south between the appl.~.cant's property and Edgewood Place Subd.ivis.on had been var_ated by Ordinance No. 45-M. Mr. Sargent expressed concern about the depth of the lots in Edgewood Place Subdivision and requested that the minutes of the City CounraJ be .researched i.n order to define if the portion of the right-of-way which was vacated was incorporated in the retarded plat of Edgewood Place Subdivision. Mr. McAllister recommended approval of the request 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 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. 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 facility. 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, 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. 2 CITY OF CI,ERMONT • 7.1 , The pier. /dock f.acal.ities M~i1~+1~'rF~1 included in an appropriate phase of construction and will be subject to Site Plan Review. 1?, The applicant shat.) construct a Lift Station on the southwest. ( SW) por. taon of_ the sate and constri,ir_t a force main to tie into that line west of East Avenue. 1.3. A six (F) anr_h water. 7_i.ne shall. be constructed tying into an area alongside Edgewood Street running north to Division Str.eet., then west. to project site. The main shall extend to the Gouthwest (SW) r.orne.r of the site and terminate with a hydrant. 14. Trash pickup shall be by receptacle or dumpster only. 1.5, The applicant shall dedicate to the City twelve (12) feet of Jand immediately contiguous to and parallel with CR 561 running the length of the property. 7.6. 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. 17. The clubhouse shall setback a minimum of eighty (80) feet from the eastern property line. 18. 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. 19. All covenant and deed restrictions must be filed with the City prior to the issuance of any Certificate of Occupancy. 20. Property west of CR 561 shall. be under common ownership. 21. All dwelling units and interior roadways shall be setback a minimum of eighty (80) feet from the eastern property line and a four (4) high vegative berm running the length of the eastern property line. 22. The existing house on the property shall be removed. 22. Sidewalks shall be constructed along the entire length of Division Street and CR 561. At this time Mr. Sargent asked for the applicant's response. Mr. Bob Thompson stated for the most part he was in agreement with staff's recommendation but requested clarification of several concerns which had brought his attention: 1. The project is decreased approximately 100' on the south side of the project. 2. The project will be reduced to approximately 50 units. In reviewing the staff's recommendations Mr. Thompson made the following statements: 3 Condita_on No, 1.1 duri rack Phase I , n LJ CITYOF CI~ERMONT MINUTES - The pier_ and clubhouse would. commence Condition No~ ~4. - Dtampster or individual pickup would be agreeable to the developer. Conditional No. 1.5. - If this property was not developed by the City, could it revert back to the developer? Gondi.tion No. 16. - a.) The clubhouse will be between 1500 to 1800 square feet. b.) Lighting will be mostly ground lighting and coach lights at the entrance. Condition No. 19. - Requested restrictions of this condition be changed from "All covenant and deed restrictions must be filed with the City prior to any Zoning Clearance being issued" to All covenant and deed restrictions must be filed with the City prior to any Certificate of Occupany being issued." Condition No. 21. - A four (4) foot high vegative berm would be an eyesore. Eighty (80) foot setback is too restrictive. Condition No. 23. - The house will be removed. In response to Mr. Thompson's concerns Mr. McAllister referred to Condition No. 15 and stated Clermont is presently undergoing a bikeway path study with which existing abandoned railroad right- of-way would be utilized. The applicant's parcel is one such area. Mr. McAllister stated he felt there is little doubt that such a bikepath would not be developed. Mr. Sargent suggested that the bikepath could serve as part of a retention area. Referring To Condition No. 19, Mr. McAllister felt the change from "All covenant and deed restrictions must be filed with the City prior to any Zoning Clearance being issued" to "All covenant and deed restrictions must be filed with the City prior to any Certificate of Occupancy being issued, was acceptable." Referring to Condition No. 21, Mr. McAllister stated the eighty (80) foot setback was being requested as well as the berm in response to concerns expressed by residents of Edgewood Place Subdivision, who were requesting a setback of one hundred and twenty-five (125 feet. The commission was advised by Mr. McAllister that Mr. and Mrs. Kelley of Edgewood Place Subdivision, had contacted staff and were opposed to the project. Mr. McAllister informed the Commission many of the residents were in favor of the project but were concerned about the setback between Edgewood Place Subdivision and the proposed project. Mr. Sargent asked if anyone present wished to expresses their views for or against this project. Mr. & Mrs. Raymond Coleman, 210 Crestview, were present and stated they were was in favor of the project but expressed concern regarding setbacks, dumpsters and the height of the berm. Mr. Donald Coxe, 310 Crestview, expressed concern about the height of a buffer. Mr. Coxe did not want a "wall effect". 4 • • CITY OF CLERMONT :r`,T~.A~, Pxp.ressec3 concern Mrs , Conzii.e Gr. otenhuis , ~~t regarding the placement of the berm. Mrs. Grotenhuis stated her douse would be adjacent to the pool area and expressed concern regardi.nq the location of the pool. Mrs. Grotenhuis suggested as many trees as possible be preserved .n order to encourage the exi ~;t; ng nat~?ral stirro~~ndi ng and bi .rcl ? i fe ~ Mrs Grotenhuis stated she was opposed. to dumpster., siting rodents and noise as a problem . Mr. Stan Clae.rbot~t, X00 Crestview, stated his chief concern was the distance between the proposed development and Edgewood Place Stahdvision. Mr. Claerbout stated he was opposed to a setback closed than eighty (80) feet and ~].so opposed to a berm. M.r. Sargent:s requested the Commission make their recommendation to the City Counci.7.. Mrs. Gaines stated she felt there were only four area that need to be clarified; 1. Garbage Pickup 2. Setbacks 3. Berms 4. Pool location Mrs. Gaines question if the dumpsters could be a temporary use until it would be financially feasible for the City of purchase additional vehicles and establish new routes. Mr. Evans, Mr. Mitchell and Mr. Smith stated their opposition to dumpsters located in the development. Mr. Smith pointed out that the developer is within his rights to construct within a rear yard setback of twenty-five feet. Mr. Smith suggested fifty (50) feet would be reasonable but felt eight (80} feet would be infringing on the land use rights of the developer. Mr. Smith also stated that he felt sidewalks should be required on Division Street and Lake Drive. Mr. Sargent and Mr. Mitchell again express their concern regarding the right-of-way issue and requested staff to verify the right-of-way issue before the final staff recommendations are forwarded to the City Council. Mrs. Kranz questioned if the Clubhouse could be located elsewhere on the site. Mr. Thompson advised the Commission the current location of the clubhouse was the most desirable in respect to the limited numbers of units that would be place adjacent to Edgewood Place Subdivision. Mrs. Gaines stated eighty (80) feet seems to be a good compromise rather than the one hundred and twenty-five (125) feet requested by the residents of Edgewood Place Subdivision. Mrs. Gaines also suggested it was the concensus of the residents of Edgewood Place Subdivision to eliminate a berm. Mrs. Gaines suggested if the developer is willing to located the clubhouse between pool and the Edgewood Place Subdivision that would be agreeable to most of the residents. After further discussion, a motion was made by Mrs. Gaines to recommend to the City Council approval of this request with the 5 • CITY OF CI~ERMONT MINUTES following changes, rer. ommendat a ons • deletions and additions to staff_'s Delete Condition No. 14. 15. The app]a_cant shall dedicate to the City twelve (12) feet of land immediately contiguous to and parallel with CR 561 running the length of the property. 18. A17. 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 sha17_ be under common ownership. 20. All dwelling units and interior roadways shall be setback a minimum of fifty (501 feet from the eastern property line. 21. The existing house on the property shall be removed. 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. seconded by Mrs. George, and approved by a unanimous vote. Mr. Smith requested to amend the motion by adding and additional condition which would require location of the eastern boundary line. A motion was made by Mr. Smith to add the following condition to the recommended approval of the Conditional Use Permit: 24. All parties must be satisfied as to the location of the eastern boundary line prior to any construction. seconded by Mrs. George and approved by unanimous vote. There being no further business the meeting was adjourned. John N. Sargent, Chairman ATTEST: Jane Warren Planning & Zoning Technician 6