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.
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CITY OF CI~ERMONT
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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.
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CITY OF CI,ERMONT
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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:
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Condita_on No, 1.1
duri rack Phase I ,
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CITYOF CI~ERMONT
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- 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".
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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
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CITY OF CI~ERMONT
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following changes,
rer. ommendat a ons
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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
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