Commission Meeting Minutes

Town Attorney Derek Schroth stated he had a brief update on a previous decision made by the Commission regarding a request by The Villages. He stated Mr. Glass, The Villages’ attorney, reached out and requested a formal denial letter. Mr. Schroth stated this is required by state statute if requested and he will provide this before the deadline of March 18^th. Thereafter, The Villages will have 30 days to file a lawsuit if they choose to, and the Commission and Town Attorney will meet in a closed session to discuss this privately should that occur.

7. Resolution 2020-112 — First and Final Reading — Tabled from March 1, 2021 — Sun Water Oak Expansion LLC & Sun Communities Finance LP — Pursuant to Chapter 5, Section 5-4).h).7).D).1).d)., a Variance Request to Reduce Front Yard Setback from 25 Feet to 20 Feet for Residential Structures within the Water Oak Hilltop Expansion Phases 1-5 Development Proposed South of Griffin Avenue and East of the Water Oak Country Club Estates, Referenced by Alternate Keys 1238111, 1770483, and 1238277 (Thad Carroll)

Town Attorney Derek Schroth read the title of the resolution.

Growth Management Director Thad Carroll presented the background summary of this resolution. He stated that Sun Communities representatives are present, as is Dan Gibbs with ATWELL, Inc., if there are any questions.

Commissioner Holden confirmed that this variance is only for the property described.

Mayor Kussard asked if the Commissioners or anyone from the public had any comments or questions.

Dr. Mahrad Paymani of 2627 Madera Ct. of the adjoining Woodgate community stated there are three properties in Woodgate that are within ten feet of the Water Oak proposed development. He said this is a very narrow space and he believes it is too close to the property line of Woodgate.

Sheri Woodworth, Division Vice President of Sun Communities, stated that she had a conversation with Dr. Paymani last week and Sun Communities has agreed to install a six foot wooden  fence instead of a chain link fence to assist them with some privacy for the ten foot buffer.

Dr. Paymani agreed they had this conversation, but he stated that ten feet does not seem to be enough of a buffer between the two properties.

Mr. Carroll noted that this variance has nothing to do with the ten foot buffer; it is only regarding the front setback.

Mayor Kussard suggested that the Woodgate representatives meet further with Sun Communities and try to come to an agreement on the buffer.

Ed Freeman of 147 Evergreen Lane reminded the Commission that each variance request should be reviewed on its own merits and previously approved variances do not control case law.

Mr. Carroll stated the precedent of the 20- foot setback was part of the DRI agreement itself and was not based on a previous variance.

Mr. Schroth stated that the Commission has total discretion to approve or deny this variance.

Mayor Kussard reported that the Commissioners received a copy of a letter from the Water Oak Homeowners Association stating that they had come to an agreement with Sun Communities regarding these variance requests.

Upon a motion by Commissioner Holden and a second by Commissioner Hannan, the Commission approved the first and final reading of Resolution 2020-112 by the following roll call vote:

8. Resolution 2020-113 — First and Final Reading — Tabled from March 1, 2021 — Sun Water Oak Expansion LLC & Sun Communities Finance LP — Pursuant to Chapter 15, Article II). Section 15-52).D).3), a Variance Request to Allow the Construction of Internal Private Roads within the Water Oak Hilltop Expansion Phases 2 through 5 to be 20-Foot Paved Roads to Keep Consistency with the Construction and Layout of the Existing Water Oak Country Club Estates, Referenced by Alternate Keys 1238111, 1770483, and 1238277 (Thad Carroll)

Town Attorney Derek Schroth read the title of the resolution.

Growth Management Director Thad Carroll presented the background summary of this resolution. He stated that the Water Oak Homeowners Association and Sun Communities recently met and came to an agreement of changing this variance request from 20-foot wide paved roads to 24-foot wide paved roads for the Hilltop Expansion Phases to through 5. This will provide areas on the shoulders for residents to walk around since there are no sidewalks, and to allow greater distance so vehicles can pass when there are service vehicles parked.

Mayor Kussard asked if the Commissioners and then the public had any comments.

Ron Auger of 801 Stadler St. stated his concerns about the possibility of increased traffic that will be moving through Water Oak after the Hilltop expansion is built.

Upon a motion by Commissioner Holden and a second by Commissioner Rietz, the Commission approved the first and final reading of Resolution 2020-113 with the amendment of 24 foot paved road width instead of 20 foot, by the following roll call vote: