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02-03-1987 Regular Meeting• • PLANNING AND ZONING COMMISSION FEBRUARY 3, 1987 The Organizational meeting of the Planning and Zoning Commisson was called to order on Tuesday, February 3, 1987 at 7:30 p.m. Members attending were Adelbert Evans, Debbie Gaines, John Sargent, Cecil Smart, Don Smith, Marilyn George, Ron Carden, and Curt DiCamillo, Gloria Johnson was absent. Also attending were City Planner Dean Perlick and Planning and Zoning Technician Jane Warren. ELECTION OF CHAIRMAN AND VICE CHAIRMAN Mr Sargent opened the floor for nominations for Chairman of the Planning and Zoning Commission. Mr. Evans moved that Mr. Sargent be retained as the Chairman of the commission. Mr. Sargent asked if there were any other nominations, there being none, Mr. Evans moved that the nominations be closed. Mr. Sargent directed the secretary to cast one unanimous ballot for Mr. Sargent. Mr. Sargent opened the floor for nominations for Vice Chairman. Mrs. Gaines nominated Mr. Evans. Mr. Sargent asked if there were any other nominations, there being none, the nominations were closed and Mr. Sargent directed the secretary to cast one unanimous ba 11 of f or Mr. Evans. Mr. Sargent welcomed new members Mr. Ron Carden and Mr. Curt DiCamillo. MINUTES of the January meeting were approved with the following correction. VOTING ON PROPOSAL N0.2 ." Commission members Gaines and Johnson voting voting nay." Smart, Sargent, Rogers, George, aye, and members Evans and Smith NEW BUSINESS Mr. Sargent introduced the request by Mr. Walter Poynter for a Conditional Use Permit to construct forty-four (44) townhouse dwelling units in the C-2 General Commercial Zoning District and the R-2 Medium Density Residential District at the following location: Lots 13 to 28 inclusive in Fairview Place, a subdivision in the City of Clermont, Florida according to the plat thereof in Plat Book 9, page 6, Public records of Lake County, Florida. ALSO: That part of Lots 13 and 14 in Block "V" in the City of Clermont, Florida, according to the plat of the Township of Clermont recorded in Plat Book 3, page 5, Public records of Lake County, Florida, bounded and described as follows: Begin at the intersection of the North 1 ine of the right of way of Minnehaha Avenue with the West 1 ine of the right of way of Carrie Street as shown upon the Plat of Fairview Place recorded in Plat Book 9, Page 6,Public records of Lake 1 • County, Florida; thence run North along the West line of the right of way of Carrie Street 400 feet to the South 1 ine of the right of way of Hill Street; thence run West along the South 1 ine of the right of way of Hi 1 1 Street 270 feet, more or less, to the East line of the right of way of Disston Ave, thence run South along the east line of the right of way of Disston Avenue 260 feet to a point 140 feet North of the North line of the right of way of Minnehaha Avenue; thence run East 150 feet:thence run south 140 feet to a point on the North line of the right of way of Minnehaha Avenue; thence run east along the North line of the right of way of Minnehaha Avenue 120 feet, more or less, to the point of beginning less the South 105 feet of West one half of Strickling Street when closed, and the South 100 feet of the property. Begin at the South line of Hill Street and East line of Disston Avenue, thence run North to the North 1 ine of Hi 11 street, thence run East of the West line of Strickling Street and the North 1 ine of Hi 1 1 Street , thence South to South line of Hill Street, thence West to P.O.B. Begin at the West 1 ine of Carrie Street and the North 1 ine of Minnehaha Avenue, thence run East to the East Line of Carrie Street, thence, run North to the South line of Hill Street, thence, run West to the South Line of Hill Street and the West line of Carrie Street, thence run South to P.O.B. Mr. Sargent asked Mr. Perlick to present the City's recommendations regarding this request. Mr. Perlick stated this property, which is 5.3 acres,is surrounded by the following City zones, R-1-A District on the south, C-2 District on the north, and R-2 District on the east and west of the proposed project. Mr. Perlick pointed out this property is also within the NED-5 Land Use District in the City's Comprehensive Plan, which permits a maximum of eight (8) units per acre for multi-family residenital development, therefore limiting the proposed development to forty-two (42) units. Mr. Perlick informed Mr. Sargent that staff had not received any replies from correspondence sent to property owners. Mr. Perlick then suggested the following changes and additions to the normally required conditions of a Conditional Use Permit: CAANGE: 5. This property may be used only as townhouse dwelling units, (the maximum number of townhouses being 42 units). No other business operation may be conducted from this facility. This CUP is not transferable to any other business use, person or corporation. CONDITIONS: 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 CUP. 2 8. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this CUP by resolution. 9. Clubhouse and Pool to be located a minimum of one hundred (100) feet from any property zoned R-1-A. 10. Maintainance Agreement for all common roads shall be submitted prior to issuing Certificate of Occupancy, including existing road on north side of property 11. A six (6) foot high concrete block wall with stucco finish on both sides shall be erected along the entire south property 1 ine and placed a minimum of f ive (5) feet from the south property line. A landscape hedge shall be planted along the outside of the wall abutting the adjoini~ig property to the south, with one (1) tree planted for every fifty (50) feet. 12. Obtain uti 1 ity easements from owner of lots 18 thru 23, Fairview Place Subdivision. Easements to be a minimum bf twenty (20) feet in width. 13. Cul-de-sacs or dead end streets shall be located a minimum of thirty-five (35) feet from the south property 1 ine. 14. Performance Bond for all public or common area improvements. 15. All homeowners declarations or covenants must be registered and provided prior to any Certificate of Occupancy being issued. 16. All infrastrucutre must be completed and accepted prior to any Certificate of Occupancy being issued. 17. Easements will be executed for all utilities. 18. Individual water meters to be clustered in groups and shall be located on public right-of-way. 19. All sewer and water lines on private property shall be maintained by the property owner. 20. The trash and garbage pick-up wi 1 1 be made by a private refuse company approved by the city. Mr. Walter Poynter, the developer, was present and stated it was his intention to acquire the additional property that would allow him to construct the proposed forty-four (44) units, otherwise he realized the number of units would be reduced to forty-two (42). Mr. Poynter stated he would put in all the underground infrastructure immediately, but would prefer to phase the driveway and street portion because of the possible damage from the large construction vehicles (e.g. concrete trucks and cranes) to these streets. Mr. Poynter emphasied that he strongly objected to the requested six (6) foot high wall or fence, stating he felt it would be an eyesore, as well as obstructing the remaining view of Lake Minnehaha. 3 • Mr. Poynter requested that the Performance Bond be in the form of an irrevocable letter of credit. Mr. Wilbur Droege, of 743 Oak Drive, expressed his concern regarding potential traffic congestion from the proposed entrance and exit. Mr. Donald Huntington, of 569 E. Minnehaha Avenue, concured with Mr. Droege's concerns. Mr. Michael Messer, of 520 E. Minnehaha Avenue, supported the proposal of a six (6) ft. high concrete wall or fence. Mr. Harold Roberts, of 1115 Chestnut Street, questioned whether Strickling Street was a dedicated street. Mr. Perlick informed Mr. Roberts that part of Strickling Street was dedicated, but the applicant is requesting the City Council close the remaining portion. Mr. Smith suggested that a sidewalk be provided on the east side of Disston Street. Mrs. Gaines questioned if the City staff had investigated the possible complications of additional traffic from this development, and also what would be the long range effect of closing Strickling Street. Mr. Perlick stated his study on Townhome Developments showed the vehicle "trip-ends" were an average of 5.2 vehicles trips per day, per unit, which is equivalent to twenty-two (22) single- family homes. Mr. Perlick noted you could construct approximately 30 homes on the 5.3 acres. Mr. Perlick emphasized the difference being not all of these homes would be entering and exiting on one street. Mr. Robert Thompson, a co-developer, suggested in all probability, in an all adult community, which is the market being targeted, these property owners would only have one vehicle. Whereas in a single-family residential development you normally have at least 2 vehicles. At this Mr. Sargent directed the board of the three (3) options available to them: 1. Recommend to the City Council denial of this request for a Conditional Use Permit. 2. Recommend to the City Council approval of this request for a Conditional Use Permit with the staff's recommendations. 3. Recommend to the City Council approval of the request for a Conditional Use Permit, with modifications. After reviewing and discussing the individual conditions recommended by the city staff,a motion was made by Marilyn George seconded by Don Smith and approved by a unanimous vote, to recommend to the City Council, approval of this request for a Conditonal Use Permit with the following conditions: 1. The property must be developed in substantial accordance with an approved site plan. 4 • 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 CUP. 3. No further expansion of the use or additions to this facility shall be permitted except as approved by another CUP. 4. All a licable rules and regulations shall be met, including fine site p an 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 townhouse dwelling units, 1 invited to eight (8) units per acre. No other business operation may be conducted from this facility. This CUP 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 CUP. 8. If any of the stated conditions is violated, the applicant understands and agrees that the City Council may revoke this CUP by resolution. 9. Clubhouse and pool to be located a minimum of one hundred (100) feet from any property zoned R-1-A. 10. Maintainance Agreement for all common roads shall be submitted prior to issuing Certificate of Occupancy, including existing road on north side of property 11. A landscape barrier shall be planted with shrubs in such a manner as to provide opaque screening and shall be properly maintained at a minimum height of six (6) feet. The height of six (6) feet shall normally be reached within two (2) years from planting. In addition, one (1) tree shall be provided for each fifty (50) lineal feet of such landscape barrier or fractional part thereof. 12. Obtain utility easements from owner of lots 18 thru 23, Fairview Place Subdivision. 13.Cu1-de-sacs or dead end streets shall be located a minimum of fifteen (15) feet from the south property line. 14. Performance Bond for all public or common area improvements. 15. All homeowners declarations or covenants must be registered and provided prior to any Certificate of Occupancy being issued. 5 \~ 16. All underground infrastructure must be completed and accepted prior to any Certificate of Occupancy being issued. Final street surfacing may be deferred until completion of all residences fronting that street, at which time a Certificate of Occupancy may be issued for those residences. 17. Easements will be executed for all utilities. 18. Individual water meters to be clustered in groups and shall be located on Public right-of-way. 19. All sewer and water lines on private property shall be maintained by the property owner. 20. Sidewalk to be constructed along the east side of Disston Avenue. SPECIAL REQUEST Mr. Smith requested that the Planning and Zoning Commission address the possible rezoning of Bob Wade's property located east of Grand Highway, north of Quincy's and north of the presently zoned C-2 property. This property was rezoned from R-2, Medium Density Residential, to C-2, General Commercial, on October 28, 1986. There being no other business, the meeting was adjourned at 9:15 p.m. ATTEST: Jane Warren, P & Z Tec nican Jo n Sargent, C airman 6