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11-06-1984 Regular MeetingCITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 6, 1984 The regular meeting of the Planning and Zoning Commission was called to order by Chairman John N. Sargent at 7:30 p.m. on November 6, 1984 in Jenkins Auditorium. Members in attendance were Debbie Gaines, Nick Jones, Marie McKinney, Pat Parker, Jack Sargent and Bob Thompson. Absent members were Henry Czech, Adelbert Evans and James Shepherd. City staff member in attendance were Director of Building and Zoning Ron Thomas and Planning and Zoning Technician Marilyn George. • MINUTES of the meetings held September 4 and October 2, 1984 were approved as presented. Mr. Sargent read the State law regarding conflict of interest. REZONING REQUEST. Mr. Sargent introduced a request by Fred Anna Magee to have Lots 20 and 21, Block 2, Homedale rezoned from R-3 Residential/Professional to C-1 Light Commercial. Mr. Thomas explained that the Pink Pig grocery has been located on this property for many years as a nonconforming use, although it has not been in operation for several months. He stated that property across the street is already zoned C-1. Mrs. McCall of Leesburg explained that she hoped to establish a beauty salon in the building, but that changing a nonconforming use is not permitted under the Zoning Ordinance. At this point Mrs. Magee arrived and explained that the store had been in operation for about twenty years, and that, at one time, the property was zoned commercial. Mrs. McKinney questioned whether the property might someday be used as a saloon, and was assured by the owner that she did not consider such a use desirable. Further discussion concerned parking, lot size and the size of the building. A motion was made by Mr. Jones, seconded by Mr. Thompson and carried unanimously THAT IT BE RECOMMENDED TO CITY COUNCIL TO GRANT THE REQUEST FOR REZONING LOTS 20 AND 21, BLOCK 2, HOMEDALE FROM R-3 RESIDENTIAL/PROFESSIONAL TO C-1 LIGHT COMMERCIAL. CONDITIONAL USE PERMIT. Mr. Sargent introduced a request by the First United Methodist Church for a Conditional Use Permit in order to con- form with the R-3 Residential/Professional zoning district (churches are a conditional use in R-3 zones) and insure that there would be no problem with interior remodelling planned for the Neighborhood Center, housed in a church building. James Shepherd arrived at this point. Mr. Thomas explained that in addition to the interior remodelling, the addition of a three foot stoop was planned. Mr. Jones stated that, although he was to receive no remuneration for the job, he had drawn the plan and would abstain from voting because of possible conflict of interest. Oakley Seaver, Chairman of the Board of plained that the Hancock Building would access provided for handicapped persons become a reality. Mr. Jones explained that a canopy would that he would like the canopy addressed suggested that Council donate the $25.0 boyhood Center. Trustees of the church, ex- be made more comfortable and if the planned alterations be added over the stoop, and in the motion. He also 0 CUP filing fee to the Neigh- CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 6, 1984 Page two Mr. Thomas stated that the canopy will not encroach on City property and that there is no necessity to address the issue. He further explained that interior remodelling in all of the church buildings would be permitted by this CUP. A motion was made by Mrs. Parker, seconded by Mr. Thompson and passed by unanimous vote (except for Mr. Jones' not voting, as required by law) TO RECOMMEND TO CITY COUNCIL THAT THE CONDITIONAL USE PERMIT FOR THE METHODIST CHURCH BE APPROVED WITH THE FOLLOWING CONDITIONS: 1. 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. 2. No further expansion of the use or additions to this facility shall be permitted except as approved by another CUP. 3. This property may be used only for church related activities, such as day care, the Neighborhood Center and other activities normally considered to be church-connected. No other business operation may be conducted from this facility. This CUP is not transferable to any other business use, person or corporation. 4. If any of the stated conditions is violated, the applicant under- stands and agrees that the City Council may revoke this CUP by resolution. The Chairman elected to change the order of the agenda. CONDITIONAL USE PERMIT. Mr. Sargent read the request by Qadir Khan to establish a small shopping center containing a furniture showroom, a small manufacturing facility for furniture and like items, and other stores on a parcel now owned by Arthur Svedberg. The property is at the following location: The south 190 feet of the north 572 feet of the south 667.59 feet of Tract 34 west of Highway 27 (the northwest corner of Montrose Street and Highway 27) Mr. Thomas explained that the tract of land will be subdivided into three parcels, two of which are due north of the one in question. The Commission is to address only the parcel to be built on by Mr. Khan. He mentioned that Mr. Khan plans to develop his parcel in two phases. Qadir Khan explained that the facility will be a shop and showroom for original carved furniture designs, and that phase two will be built if phase one is successful. Discussion with participation by members of the audience concerned noise. Mr. Khan assured those concerned that it will be a quiet operation with few employees. He assured one audience member that hazardous chemicals will not be used. A discussion ensued concerning the service or frontage road shown on the site plan. It was explained to Mr. John Wootson, who owns the property to the north of Mr. Svedberg's parcel, where the road was planned and the purpose of such a road. A motion was made by Mrs. Gaines, seconded by Mr. Shepherd and approved by unanimous vote TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO ALLOW THE ESTABLISHING OF A SMALL SHOPPING CENTER CONTAINING A FURNITURE SHOWROOM, A SMALL MANUFACTURING FACILITY FOR FURNITURE AND LIKE ITEMS, AND OTHER STORES IN THE C-2 ZONE SUBJECT TO THE FOLLOWING CONDITIONS: CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 6, 1984 Page three 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 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 for retail and professional offices. The furniture manufacturing workshop shall employ no more than five (5) persons, and be incidental and complementary to, and in conjunction with the attached retail furniture show room. 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 owner shall subdivide the parcel and install improvements in accordance with the City's Subdivision Ordinance. 7. An easement shall be executed to allow the use by others of the private service drive. This drive is to run north and south on the east side of the property. 8. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 9. This permit shall become null and void if construction has not begun within one year of the date of this CUP. 10. If any of the stated conditions is violated, the applicant under- stands and agrees that the City Council may revoke this CUP by resolution. CONDITIONAL USE PERMIT. Mr. Sargent presented the request by Bob Wade for a Conditional Use Permit to allow clay excavation from his recently annexed property in Tracts 4, 5B and 5A, Sec. 29-22-26 on the north side of Highway 50 at the eastern City Limits. • Mr. Th omas read the conditions that must be met, according to the Zoning Ordinance, before a Conditional Use Permit can be issued. He stated that he had discussed the additional conditions recommended by City staff with Bob Wade. Several letters were read from owners of property near that of Mr. Wade objecting to the request. These letters are attached to these minutes. Mr. William Carrier expressed concern for the final outcome of the project. He asked if there would be a hole in the ground, a lake, a residential neighborhood or what? Mr. Wade stated that the present intent is to create a gentle slope from the log cabin on the property to Highway 50, making the land CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 6, 1984 Page four near the highway more level so that the approach to the property will be easier. Mr. Sargent read all of the conditions (which follow the next motion) and suggested that number 10 be amended by restricting work to week- days and that a performance bond should be required. Discussion concerned the length of time adjacent property owners could expect to be subjected to shaking caused by heavy equipment, and Mr. wade stated that six to twelve months should be enough for the heavy equipment to finish and that the entire project would be finished in twenty months. He stated that topsoil would be replaced Mr. Thomas stated, in answer to a question, that a CUP was required because the request was for "mining". Had a developmental site plan been presented, the work would be treated as grading and site prep- aration. Discussion centered on a better description of the project and its out- come, and several Commission members suggested that better visual aids should be presented. Each of the conditions recommended by the staff was discussed separately. In a discussion of the requirement for a performance bond, Mr. Willard Hobecke, an associate of Mr. Wade, stated that they plan to be back before the Commission in the near future in connection with future development. He stated that all work will be done in close cooper- ation with the City and that all requirements will be met. Mr. Jones stated that, since the plan is for development rather than solely for strip mining, a performance bond is probably not necessary. A motion was made by Mr. Jones, seconded by Mrs. Gaines and unani- mously approved TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO ALLOW CLAY EXCAVATION FROM PROPERTY ON PARTS OF TRACTS 4, 5B AND 5A, SUBJECT TO THE CONDITIONS WHICH FOLLOW, AND UPON PRESENTATION OF PROXIMITY DRAWINGS AND OTHERS TO CLARIFY THE REQUEST. Conditions 1. The property must be developed in accordance with the approved excavation plan. 2. No further expansion of the use shall be permitted except as approved by another CUP. All applicable rules and regulations must be met. 3. This property may be used only for a clay excavation operation. No other business operation may be conducted from this property. This CUP is not transferable to any other business use, person or corporation. 4. Setbacks and slope. The area being lowered shall have a maximum slope of 3 horizontal to 1 vertical to the lowest point of ex- cavation. There shall be a one hundred foot setback from the south property line for all excavation work. 5. After approval of the Conditional Use Permit, the applicant has forty-five (45) days to construct a chain link fence, four (4) feet in height, along the north boundary line of the Walton Subdivision. 6. The permittee shall submit to the City Engineer a site reclamation plan prepared by a registered engineer, and approval must be CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 6, 1984 Page f ive obtained from the City Engineer before work can begin. A regis- tered engineer shall certify to the City that the final reclama- tion plan and all conditions of this permit have been met within twenty (20) months of the date of this CUP. The plan of reclamation must include, but not be limited to, the following: (1) Removal, stockpile and replacement of topsoil; (2) Points of ingress and egress for vehicles utilizing the mining operation; (3) Landscape plan; and (4) Original and final elevations using one foot contour intervals based on NGVD. 7. Any equipment or structure necessary for the extraction of fill dirt on site may be used and stored on the site. 8. Drainage. Provision shall be made, and approved by the City Engineer before work can begin, for drainage detention and retention areas on the north and west boundaries to prevent surface water runoff that would damage contiguous areas or Jack's Lake. 9. Site clean-up. All debris, refuse, junk, poles, piling and cables shall be removed from all disturbed lands as part of the reclama- tion process. All structures shall also be dismantled and removed except where their reuse is consistent with post-reclamation land use goals. Temporary roads shall be returned to grade. 10. Hours of operation. Excavation work may begin each weekday no earlier than 7:00 a.m. and must end each day no later than 6:00 p.m. No work may be done on Saturday or Sunday. 11. Storage of excavated material. A11 excavated material must be stored in a location approved by the building official. 12. This permit shall become null and void if excavation work has not begun within one year of the date of this CUP. This permit shall expire twenty (20) months after the date of this CUP. 13. If any of the stated conditions is violated, the applicant understands and agrees that the City Council may revoke this CUP by resolution. The applicant must obtain a grade and fill permit from the City Building Department. It is understood and agreed that the permit shall be revoked if the approved excavation plan or the conditions of this permit are not adhered to. Mr. Sargent announced a conference to be held on November 10 by Valencia Community College called "Citizen Boards and the Planning Process." There being no further business, the meeting was adjourned at 9:40 p.m. -~J,~ (( fn `''~ John N. Sargent Chairman TTEST: '' j j' ~.- "7C_ Marilyn G G or ~, Planni g and Zoning Technician