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CASSELBERRY CITY COMMISSION Minutes of September 18, 2017 — Special Meeting Page 10 of 14 3. To not require a brick or masonry wall along the west property line and to only provide a 6 - foot vinyl fence along the north property line; 4. To not require a passive exterior on the townhomes along the west and northern property line; 5. To reduce the number of guest parking spaces from 23 to 8; and 6. To waive the requirement to have a cul-de-sac at the end of a proposed alley. Ms. Hanna advised that staff was recommending that the City Commission approve SPR 16-18, A Development of Community Impact site plan for Legacy Place, to include requested waivers 1, 2, 3, 4 and 6, with staff remaining neutral on requested waiver 5. This recommendation was based on the revised site plan dated July 20, 2017, the findings of fact and conclusions of the information provided in the Planning and Zoning Commission staff report dated August 9, 2017, and subject to the outstanding conditions of approval provided by the Planning and Zoning Commission, as follows: 1. DRC comments from the June 6, 2017 meeting shall be addressed prior to City Commission review. 2. All utility lines shall be placed underground. 3. All Public Works issues must be addressed prior to issuance of a site construction permit. 4. All required local, regional, state and federal permits shall be obtained before commencement of development. 5. The applicant shall provide a photometric plan prior to issuance of a Certificate of Occupancy. This shall conform to the ULDR (Unified Land Development Regulations) requirements for the street lighting. 6. The property shall pass landscaping, irrigation, and photometric/lighting inspections prior to completion of the project or issuance of a Certificate of Occupancy. 7. Payment into the Tree Bank (if found necessary) must be made prior to issuance of a Certificate of Occupancy. 8. The site plan approval shall be valid for one year. An extension request may be submitted prior to the expiration of this approval. 9. All of the above conditions shall be fully and faithfully executed or the site plan shall become null and void. Discussion: A lengthy discussion ensued and various questions were addressed by Ms. Hanna, the applicant's representative Mr. Tom Sullivan with the Gray Robinson law firm, and Mr. Dustin Lucas, owner of LJL Land Development, LLC, the applicant, regarding various issues relating to the site plan, including: parking space requirements and possible solutions to providing additional spaces; proposed amenities for the project; vinyl fencing vs. brick or masonry fencing; definitions of front loaded and rear loaded garages and passive exteriors; proposed living space square footage; drainage, percolation and erosion issues with masonry fencing; estimated proposed price range for the townhomes; requirements for ongoing maintenance of vinyl fencing to be contained in the declaration of covenants and restrictions; concerns about maintenance of potential rental properties vs. homeowner properties and the possibility of requiring some sort of lease length requirements in the declaration of covenants; possibility of inserting language into the declaration of covenants restricting garages to parking use only and not storage; and agreement to direct staff to work with applicant regarding solution for addition of parking spaces, if possible. Both Mr. Sullivan and Mr. Lucas indicated that the applicant was in support of staff's recommendations and willing to work with staff regarding the issue of additional parking spaces; however, Mr. Lucas indicated he