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03-05-1985 MeetingCITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 5, 1985 A regular meeting of the Planning and Zoning Commission was called to order by Chairman John N. Sargent on Tuesday, March 5, 1985 at 7:30 p.m. in the City Council Chambers. ROLL CALL: Present: Don Beal, Adelbert Evans, Debbie Gaines, Marie McKinney, Buddy Rogers, John Sargent and James Shepherd. Absent: Nick Jones and Robert Thompson. Also attending was Marilyn George, Planning and Zoning Technician. MINUTES of the meeting held February 5, 1985 were approved as presented. REZONING REQUEST: Mr. Sargent introduced a rezoning request by Stephen C. Vaughn from R-1 Single Family Residential to R-3 Resi- dential/Professional for property at the following location: North 160 feet and the South 170 feet of the East 301 feet of Tract 2 and the North 10 feet of the East 301 feet of Tract 3, Oakhurst Subdivision Ms. George explained that portions of Tracts 2 and 3 had been rezoned to R-3 at an earlier date at the request of Mr. Steven Richey. Mr. Vaughn stated that he plans to build 34 apartment units under an FmHA Elderly Housing program. He stated that he has already built three similar projects, and that they are for middle income residents. He explained that the Farmer's Home Administration inspects such pro- jects once a month and that an outside management team will manage the project. Mr. Evans asked for clarification of the request, which was stated in one document submitted by the applicant to be for rezoning to R-2. Mr. Vaughn stated that the City Manager had recommended the R-3 request. Mr. Evans then asked if the R-3 zoning was desired, even though R-2 density requirements were being met, so that amenities accruing to the R-3 classification, such as professional offices, could be en- joyed. Mr. Vaughn answered in the affirmative, and he further stated that the R-2 density question will be covered in the Conditional Use Permit request. A brief discussion concerning buffers ensued. A motion was made by Mr. Rogers, seconded by Mr. Beal and approved by a six to one affirmative vote THAT IT BE RECOMMENDED TO CITY COUNCIL THAT THE REZONING FROM R-1 TO R-3 BE APPROVED FOR THE ABOVE DESCRIBED PROPERTY IN TRACTS 2 AND 3, OAKHURST SUBDIVISION. Mr. Evans voted "Nay, with reservations" because he wanted to hold the applicant to R-2 density requirements. CONDITIONAL USE PERMIT: Mr. Sargent introduced a request for a Con- ditional Use Permit by Mr. Vaughn to allow construction of 34 FmHA Elderly rental units with a density of 9.85 per acre (4,420 square feet of land area per dwelling unit). Ms. George pointed out that the rear yard setback of buildings near the south property lines was only 17 feet, whereas 25 feet is re- quired. Mr. Cliff Bailey, architect for Mr. Vaughn, expressed his opinion that this is a side yard, since the project faces east. Mr. Evans emphasized that only on the rezoning request is it mentioned that the project will be built to R-2 density. There was discussion concerning driveways, buffers and the criteria CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 5, 1985 Page two for tenants of these units. Further discussion resulted in areement that 1.5 parking spaces per unit will probably be enough, rather than the two spaces required by the Zoning Ordinance. A motion was made by Mr. Beal and seconded by Mrs. Gaines THAT APPROVAL OF THE CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF 34 FmHA ELDERLY RENTAL UNITS ON THE SITE NAMED ABOVE BE RECOMMENDED TO CITY COUNCIL WITH THE STIPULATION THAT SETBACKS REQUIRED BY THE ZONING ORDINANCE BE MET AND SUBJECT TO THE FOLLOWING CONDITIONS: (Conditions follow next motion) A motion to amend the motion was made by Mr. Evans, seconded. by Mr. Rogers and unanimously approved THAT THE STATEMENT THAT THE PROJECT WILL BE BUILT TO R-2 DENSITY BE MADE A PART OF THE CONDITIONS. Mr. Beal's motion, as amended, was approved by unanimous vote. The following conditions were recommended: 1. The property must be developed in substantial accordance with an approved site plan. The density of the development shall not exceed thirty-four units. 2. If, at a future date, parking at this site proves inadequate, the applicant understands and agrees that the City may require more 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 applicable rules and regulations shall be met, including final site plan approval, landscaping, drainage, parking, and sign regulations, and all yard setbacks. All required land- scaping must be served with a permanent irrigation system and must be properly maintained. The drainage and stormwater reten- tion requirements of the Lake County Pollution Control Board and FAC 17-25 must be met, and approved by the City Engineer. These areas must be properly maintained. 5. This property may be used only as an apartment complex. This CUP is not transferable to any other business use. 6. A buffer strip of trees and hedges must be installed on the north, south, and west property lines, pursuant to the City's Landscaping Ordinance. 7. All water and sewer lines must be constructed in a manner ap- • proved by the City Engineer and the City's Development Ordinance. Fire hydrants shall be installed at locations required by the Fire Chief. The sewer lift station shall be replaced with a gravity line on the Anderson Street right-of-way to Desoto St. 8. The applicant must sign an agreement and record a covenant approved by the City Attorney to pay his pro rata share of con- structing Anderson Street on the west boundary of his property. A sidewalk shall be constructed to City standards along the East (Disston Avenue) property line. No temporary or final Certificate of Occupancy will be issued to any unit until all improvements are constructed and approved by the City engineer according to the standards of the City's Development Ordinance. 9. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. CITY OF CLERAfONT MINUTES PLANNING AND ZONING COMMISSION March 5, 1985 Page three 10. This permit shall expire if construction has not begun within one year of the date of this CUP. •11. If any of the stated conditions is violated, the applicant under- stands and agrees that the City Council may revoke this CUP by resolution. 12. The density of the project shall not exceed R-2 standards. CONDITIONAL US E PERMIT: Mr. Steven Richey explained that amendments to the CUP granted in October (Resolution No. 480) are necessary because a new site plan has been submitted, showing the project to be located 160 feet farther south. The new legal description is: The West 312 feet of the South 170 feet of Tract 2 and the West 312 feet of Tract 3, Oakhurst Subdivision. After a brief discussion of the reason for this change, a motion was made by Mr. Rogers, seconded by Mrs. McKinney and unanimously approved TO RECOMMEND THAT CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT AS AMENDED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The property must be developed in substantial accordance with an approved site plan. The density of the development shall not exceed thirty-seven units. 2. If, at a future date, parking at this site proves inadequate, the applicant understands and agrees that the City may require more parking or rescind this CUP. 3. No further expansion of the use or additons to this facility shall be permitted except as approved by another CUP. 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 land- scapimg must be served with a permanent irrigation system and must be properly maintained. The drainage and stormwater reten- tion requirements of the Lake County Pollution Control Board and FAC 17-25 must be met, and approved by the City Engineer. These areas must be properly maintained. 5. This property may be used only as an apartment complex. This CUP is not transferable to any other business use. ~6. A buffer strip of trees and hedges must be installed on the north and east property lines, pursuant to the City's Landscaping Ordinance. 7. All water and sewer lines must be constructed in a manner ap- proved by the City Engineer and the City's Development Ordinance. Fire hydrants shall be installed at locations required by the Fire Chief. The sewer line must be extended on Highland Avenue (from Bowman and Highland) east to serve the development. The sewer line must be extended and manholes constructed according to City standards and approved by the City Engineer. 8. The applicant must sign an agreement and record a covenant approved by the City Attorney to pay his pro rata share of con- structing Anderson Street and a sidewalk to City standards from Highland Avenue to the north property line. No temporary or final CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 5, 1985 Page f our Certificate of Occupancy will be issued to any unit until all im- provements are constructed and approved by the City Engineer according to the standards of the City's Development Ordinance. 9. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 10. This permit shall expire if construction has not begun within one year of the date of this CUP. 11. If any of he stated conditions is violated, the applicant under- stands and agrees that the City Council may revoke this CUP by resolution. Mr. Sargent reminded Commission members of the workshop meetings to be held Thursdays during March and of the Tourist Development Council meeting to be held March 11. There being no further business, the meeting was adjourned at 8:40 p.m. a r ,~~:9.C /JOHN N.` SAEGEN~ Chairman ATTEST: ~. ~. -, 'r-~ LYN G,,j GEORGE, Plannb'rig and Zoning Technician •