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09-06-1983 Regular MeetingCITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 6, 1983 This regular meeting of the Planning and Zoning Commission of the City og Clermont was called to order at 7:30 p.m. by Chairman Jack Sargent. The invocation was offered by Pat Parker. ROLL CALL. Present: Henry Czech, Adelbert Evans, Debbie Gaines, Pat Parker, Nick Jones, Jack Sargent, Bob Thompson, and Albert Fogle. Absent: Aurelia Cole, whose resignation from the Commission has been received. Also in attendance were City Mangager George Forbes and Planning and Zoning Technician Marilyn George. MINUTES of the meeting held August 2, 1983 were approved as presented. CONDITIONAL USE PERMIT. The City Manager explained that the Blue Goose Packing House had requested a Conditional Use Permit (CUP) to allow the addition of a 30 X 60 foot building placed just inside the property line. It was explained that the building could not be lo- cated farther north because of the existence of a 20 foot sewer ease- ment, and that the railroad tracks are immediately south of the proposed site. A letter from Lawson Wolfe of Clermont Builders' Supply in support of the request was read. It was moved by Mr. Czech, seconded by Mr. Evans, and unanimously approved THAT IT BE RECOMMENDED TO CITY COUCIL THAT THE CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 30 X 60 FOOT BUILDING 0 FEET FROM THE LOT LINE BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The property must be developed in substantial accordance with the 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. 5. This property may be used only as a citrus processing plant. 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 final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 7. This permit shall expire if construction has not begun within one year of the date of this CUP. 8. 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. Forbes explained that Mr. Joseph Z. Washuta had requested to use an existing structure now used for offices for two apartments of 610 square feet each. He explained that 700 square feet is normally required for each residence in a duplex, but that 600 square feet has been accepted in the Central Business District for apartments above stores. He also stated that residences behind and above stores are usually desirable in the Central Business District. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 6, 1983 Page two There was some discussion concerning the supplying of heat to tenants and availability of parking spaces. A motion was made by Pat Parker, seconded by Henry Czech and unanimously approved THAT IT BE RECOMMENDED TO CITY COUNCIL THAT THE CONDITIONAL USE PERMIT FOR A DUPLEX RESIDENCE IN THE CENTRAL BUSINESS DISTRICT IN BLOCK 92 BE APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The property must be developed in substantial accordance with the approved site plan. 2. A minimum of six off-street parking spaces must be provided. 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, parking and sign regula- tions. The building must be improved to meet all requirements of the Building Code for dwellings. 5. This property may be used only for one single residence and two apartments. No other business operation may be conducted from this facility. 6. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 7. This permit shall expire if construction has not begun within one year of the date of this CUP. 8. If any of the stated conditions is violated, the applicant under- stands and agrees that the City Council may revoke this CUP by resolution. REZONING REQUEST. The City Manager explained that Mr. and Mrs. Joseph Heath had asked that their rezoning request for Lots 1, 2, and 3 in Block 47 be tabled, because they felt they would be able to develop the property within the present zoning requirements. It was moved by Mr. Evans, seconded by Mr. Fogle, and unanimously approved THAT THE REZONING REQUEST BE TABLED UNTIL THE NEXT REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION. CONDITIONAL USE PERMIT. It was explained that a CUP for a Planned Unit Development had been made by I.C.O., Inc. for the property owned by Jay Vander Meer and V. M. Groves, located about 300 feet north of Grandview Apartments (see Resolution for legal description). The property is presently zoned C-2 General Commercial and R-3 Residential/Professional. Residences are a conditional use in a C-2 zone. It was further explained that the proposed development meets the density requirements asked of the developer of the adjacent property, but that the topography of the site could present problems. Margie Rowe, the project manager, said that these will be one and two bedrrom units, and that they will be individually owned, with each party owning a share of the common areas. Discussion concerned drainage requirements and possible traffic problems. A motion was made by Nick Jones, seconded by Debbie Gaines and unanimously approved THAT IT BE RECOMMENDED TO CITY COUNCIL THAT THE CONDITIONAL USE TO ALLOW CONSTRUCTION OF 92 CONDOMINIUM UNITS ON 9.25 ACRES OF PROPERTY ZONED C-2 AND R-2 BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The property must be developed in substantial accordance with the approved site plan. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 6, 1983 Page three 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, parking and sign regula- tions. The building must be improved to meet all requirements of the Building Code for dwellings. 5. This property may be used only as dwelling units. No other business operation may be conducted from this facility. 6. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 7. This permit shall expire if construction has not begun within one year of the date of this CUP. 8. If any of the stated conditions is violated, the applicant under- stands and agrees that the City Council may revoke this CUP by resolution. 9. No building permit shall be issued until this parcel and the remaining property owned by V. M. Groves and Jay Vander Meer at this site is platted and provision made for the entire prop- erty to be served with City utilities. CONDITIONAL USE PERMIT. The Church of the Nazarene had requested a CUP to allow expansion of the church located at 101 Grand Highway. Churches are a conditional use in R-1-A zones. The City Manager related that the property on which the church is situated was annexed about two years ago, and that the City has asked the church to begin voluntary annexation procedures for the remainder of their property adjacent to the recently annexed parcel. The district church has been petitioned for authority to do so. This annexation is necessary because of drainage and setback requirements for the new construction. The Rev. Thomas Legg, representing the church, stated that he had verbal approval from the district church for the annexation request. He asked that condition Number 9 be struck, since they do plan to follow through with the annexation request. Tim Belvin of Williams Steel Industries stated that the water reten- tion plans for the site have been approved by the Lake County Pollu- tion Control Board. Debbie Gaines asked that condition Number 9 be left in so that Council will be aware of the Commission's wishes. A motion was made by Adelbert Evans, seconded by Bob Thompson and unanimously approved THAT IT BE RECOMMENDED TO CITY COUNCIL THAT THE CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF THE CHURCH OF THE NAZARENE AT ITS PRESENT LOCATION BE GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The property must be developed in substantial accordance with the approved site plan. 2. If, at a future date, parking at this site proves inadequate, 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. CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 6, 1983 Page f our 4. All applicable rules and regulations shall be met, including final site plan approval, landscaping, drainage, parking and sign regulations. 5. This property may be used only as a church. 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 final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 7. This permit shall expire if construction has not begun within one year of the date of this CUP. 8. If any of the stated conditions is violated, the applicant under- stands and agrees that the City Council may revoke this CUP by resolution. 9. In order to meet side yard and drainage requirements, the owner agrees to begin voluntary annexation proceedings for all other property under the same ownership in this area within 60 days from the date of the approval of this CUP. Albert Fogle was excused from the meeting at this time. REZONING REQUEST. Mr. Forbes described two rezoning requests by Bob and Gail Wade. One is for Parts of Tracts 8B, 9A, 9B, and 10. (See Ordinance 157-M for full legal description.) This request is for rezoning from R-1-A to C-2 General Commercial. The other request is for rezoning Tract 57B and Tract 8A from R-1-A to R-3 Residential/ Professional. (See Ordinance 158-M for full legal description.) Maps were distributed to members of the audience and explanations of the requests were made. Ben Blackburn, the surveyor of the property, and Attorney Dennis Horton spoke for the project, describing its relationship to the Comprehensive Plan of the City, and suggesting that a buffer be provided between commercial and residential areas. Mr. Blackburn spoke in favor of creating a commercial zone for the full length of the property along Highway 50, citing noise from trucks and other considerations as being bad for residential development. Questions from the following members of the audience concerned buffers, drainage and noise: Jack Knight, Elbert Ritchie, Joe Holmes, James Carroll, Mr. Lucas, Betty Busch, and Kathleen Parsell. In considering the request for rezoning to C-2, discussion among the Commission members and with Mr. Wade and his advisors centered . on the suitability of the area fronting on Highway 50 for commercial use because of the contour of the land. Nick Jones recommended that more specific plans for development of the property be presented before any action is taken. A zone of residential property was suggested along Grand Highway, to serve as a buffer. After a long discussion, a motion was made by Nick Jones and seconded by Adelbert Evans that it be recommended to City Council that Tract 9B and the south 40 feet of Tract 9A be rezoned to C-2 and that the remainder of Tract 9A and Tracts 10 and 8B be zoned R-2. A brief discussion followed, after which Mr. Evans withdrew his second, and the motion died. The motion was reworded by Mr. Jones, seconded by Mr. Evans, and approved by a five to one vote THAT IT BE RECOMMENDED TO CITY COUNCIL THAT TRACTS 9B AND THE SOUTH 40 FEET OF TRACT 9A TO THE WESTERN BORDER OF TRACT 10 BE REZONED C-2, AND THAT TRACT 10 BE REZONED R-3. THE REMAINDER OF TRACT 9A AND TRACT 8B ARE TO BE REZONED R-2. Mrs. Gaines voted nay, and Mr. Czech was excused because of illness before the vote was taken. The Commission then considered the request for the rezoning of a portion of the total parcel to R-3. A discussion concerned sewer CITY OF CLERMONT MINUTES PLANNING AND ZONING CONL'"IISSION September 6, 1983 Page f ive capacity and whether a Planned Unit Development would be acceptable in the R-2 classification. It was suggested that R-3 zoning would be more suitable. Nick Jones moved, Adelbert Evans seconded and it was unanimously approved THAT IT BE RECOMMENDED TO CITY COUNCIL THAT TRACTS 57B AND 8A BE REZONED TO R-2 MEDIUM DENSITY RESIDENTIAL. The meeting was adjourned at 10:20 p.m. JOHN N. SARGEN , Chairman ATTEST: MARILYN G. GEORGE, P & Z Technician