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08-07-1984 Regular MeetingCITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 7, 1984 This regular meeting cf the Planning and Zoning Commission was called to order by Chairman John N. Sargent at 7:30 p.m. on Tuesday, August 7, 1984 in the City Council Chambers. Members in attendance were Henry Czech, Adelbert Evans, Nick Jones, Marie McKinney, Pat Parker, and John N. Sargent. Absent members were Debbie Gaines, James Shepherd and Bob Thompson. Representing the City were City Manager George Forbes, Director of Building and Zoning Ron Thomas and Planning and Zoning Technician Marilyn George. • MINUTES of the meeting held July 3, 1984 were approved as presented. CONDITIONAL USE PERMIT. Mr. Sargent introduced a Conditional Use Permit (CUP) request by Steven Vaughn, Sr. and Steven Vaughn, Jr. to allow construction of thirty-four apartments under the Farmer's Home Administration 515 Elderly program. There would be twelve one-bedroom and twenty-two two-bedroom units, as well as a building housing an office, laundry and storage space. The location of the project is in blocks 5 and 8 of Woodlawn subdivision. The full legal description appears on the application for this request, which is attached to these minutes. The City Manager explained that a CUP was necessary because any project of more than twenty-three units requires Council approval, and that the applicants had agreed to the conditions of the permit. Cliff Bailey, an employee of Louis C. George, the architect for the project, pointed out that the density would be lower than that allowed for such a project. He also asked if a sidewalk would be required on both sides of Anderson Street, and was told that the in- stallation of a sidewalk on the west side would be satisfactory. Mr. Evans stated that a retention pond should be considered on the west side of the property since so much of the area will be covered with impervious material. Mr. Jones suggested that condition No. 8 be changed to reflect the fact that only one sidewalk will be required. A motion was made by Mr. Evans, seconded by Mr. Czech and approved by unanimous vote THAT APPROVAL OF THIS CUP BE RECOMMENDED TO CITY COUNCIL, 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-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. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION August 7, 1984 Page two 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. • 8. The applicant must construct Anderson Street and a sidewalk to City standards from Highland Avenue to the north 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. 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. CONDITIONAL USE PERMIT. Mr. Sargent explained that the First Baptist Church had requested an amendment to a CUP issued in 1979 which allows grass parking and nursery school activities on church property. The amendment would include the south 55 feet of Lots 5 and 7, Block 48 as part of this area. The City Manager explained that the earlier CUP covered all of the property then owned by the church, and that the present request is for recently acquired land. The request is to use the land as a general area for church activities other than building or parking. The newly acquired property was deeded to the church by William Brooks, leaving Mr. Brooks with a nonconforming lot because his residence is a duplex and is required to have 10,000 square feet of land area. A discussion ensued concerning whether the house is, in fact, a duplex, and the date of the transaction deeding the property to the church. David Landis, an attorney representing Ms. Mary Jean Ann Williams, stated that his client owns the house east of the property in question and that she feels that the use of Lots 5 and 7 for nursery school activities interferes with the peaceful enjoyment of her property. He added that the church has been using this property for nursery • school activities without benefit of any permit, so his client's objection is based on actual knowledge rather than future fears. A lengthy discussion followed, during which options were considered for making the Brooks property a conforming use, and the impact on the neighborhood was ad dressed. A motion was made by Mr. Jones that the request be tabled until the next meeting to allow the applicant to reappear with the understanding that the house be reclassified as a single-family residence. The motion died for lack of a second. A motion was made by Mr. Evans that the request be tabled to a time uncertain until all parties work out the difficulties. The motion died for lack of a second. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISISON August 7, 1984 Page three A motion was made by Mr. Evans that this CUP request be denied on the basis that enough information has not been provided. The motion died for lack of a second. A motion was made by Mr. Jones, seconded by Mrs. Parker and approved by a vote of five to one THAT THE USE APPEARS TO BE COMPATIBLE WITH THE NEIGHBORHOOD AND THAT IT BE RECOMMENDED TO CITY COUNCIL THAT THE REQUEST BE GRANTED, ON THE CONDITIONS THAT (1) THE BROOKS PROPERTY BE CLASSIFIED SINGLE FAMILY AND (2) AGREEMENTS BE MADE BETWEEN THE PARTIES TO MAKE THE BROOKS PROPERTY CONFORM TO THE STANDARDS OF THE CITY ZONING ORDINANCE. Mr. Evans voted Nay. REZONING REQUEST. Mr. Sargent presented a request by Inland Groves to rezone a 32.5 acre parcel at the NW corner of Twelfth Street and Minnehaha Avenue from R-1-A Single Family Residential to R-1 Single Family Residential. The complete legal description is found on the application attached to these minutes. The City Manager explained that lot sizes and square footage of the homes are slightly smaller in R-1 than in R-1-A. He indicated that the property to the south will remain R-1-A and that the requested R-1 zoning will agree with similar zoning to the east. Mr. Buddy Oswalt, who owns the acreage to the north, stated that he intends to request rezoning of his property from R-1-A at a later date and that he has no objection to this request. A motion was made by Mr. Jones, seconded by Mrs. Parker and approved by unanimous vote THAT IT BE RECOMMENDED TO CITY COUNCIL TO GRANT THE REQUEST TO REZONE 32.5 ACRES AT THE NW CORNER OF TWELFTH STREET AND MINNEHAHA AVENUE FROM R-1-A SINGLE FAMILY RESIDENTIAL TO R-1 SINGLE FAMILY RESIDENTIAL. REZONING REQUEST. Mr. Sargent described the request by Postal Colony Company to have the East 40 feet of Lot 10, Block 93 rezoned from R-3 Residential/Professional to C-2 CBD Central Business District. Mr. Thomas explained that this rezoning was actually requested by the City. This small strip of property is within the fenced area which has been used by Postal Colony for years. It was left as the only land zoned R-3 with the rezoning of the property immediately to the west to C-1 in recent Council action. A motion was made by Mr. Evans, seconded by Mr. Czech and approved by unanimous vote THAT IT BE RECOMMENDED TO CITY COUNCIL TO GRANT THE REQUEST TO REZONE THE EAST 40 FEET OF LOT 10, BLOCK 93 FROM R-3 RESIDENTIAL/PROFESSIONAL TO C-2/CBD CENTRAL BUSINESS DISTRICT. There being no further business, the meeting was adjourned at 8:45 p.m. c----_ John N. Sarg n Chairman