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05-03-1983 Regular Meeting• CITY OF CLERMONT • PLANNING AND ZONING COMMISSION MINUTES May 3, 1983 This regular meeting of the Planning and Zoning Commission was called to order by Chairman Jack Sargent at 7:30 p.m. on Tuesday, May 3, 1983 in the City Council Chambers. The Invocation was offered by Nick Jones. ROLL CALL. Present: Aurelia Cole, Adelbert Evans, Debbie Gaines, Nick Jones, Pat Parker, Jack Sargent and Bob Thompson. Absent (excused): Henry Czech and Albert Fogle. Also present were Building Official Harvey Nagel and Planning and Zoning Technician Marilyn George. MINUTES of the meeting of April 5, 1983 were unanimously ap- . proved as amended by changing "and" to "or" in item 9 on page two. The motion for approval was made by Mr. Jones and seconded by Mr. Evans. REZONING REQUEST. A request for rezoning from R-3 Residential/ Professional to C-1 Light Commercial was made by Mr. Tom Dougherty for the property he leases from Axel Olivenbaum at 501 Almond Street. Ms. George spoke for the City, explaining that among the things to be considered in any rezoning are the relationship to adjoining properties and the compatibility with the Comprehensive Plan. Mr. Dougherty had made a request for rezoning to C-1 about a year ago, and it was denied at that time. A letter from Mr. and Mrs Roger Morse, owners of Lot 13, Bowman and Brown subdivision, objecting to the rezoning was read. Mr, Dougherty explained that he wanted to rent part of the building he leases at 501 Almond Street as a photographer's studio, and that he had thought it would be considered a professional office, which is a permitted use under R-3 zoning, but that study of the ordinance revealed that such studios are specifically allowed in C-1 districts, but not in R-3. He stated that he would be willing to sign a contract with the City limiting the C-1 uses of his property to those most compatible with a residential area. He is researching the legality of contract zoning. If a contract cannot be written, he felt that the City can impose enough restrictions to protect adjacent property owners. He stated that he had contacted several owners of property in the vicinity and had met no objection. Mr. Evans suggested that a photography studio could be consid- ered a retail use rather than a professional office, and asked that access to this property be addressed on a C-1 basis. Mr. Dougherty expressed his conviction that the proposed use would generate no more traffic than a single residence. There was no response from the audience when the Chairman offered an opportunity to speak. Mr. Evans read parts of Section 26-25 of the Zoning Ordinance which treats home occupations, in an effort to suggest the type of regulations businesses in a residential area should be governed by. • Mr. Sargent asked that the specific request for a zoning change be addressed, rather than the type of business proposed, even though the Commission had been made aware of the plans. Following a dis- cussion in which Mr. Jones suggested that the ordinance may be word- ed in a way to make it more stringent than intended, Mr. Evans moved and Mrs. Cole seconded the following motion: THAT IT BE RECOMMENDED TO CITY COUNCIL THAT THE REQUEST FOR REZONING LOT 127 CLERMONT HEIGHTS BE DENIED FOR THE SAME REASONS STATED IN THE PREVIOUS DENIAL OF THIS REQUEST. The motion was approved by unanimous vote. A discussion followed, concerned with definition of "profes- sional office". Mr. Thompson moved, seconded by Nirs. Parker and unanimously passed THAT IT BE RECOMMENDED THAT CITY COUNCIL REVIEW THE ORDINANCE AND CONSIDER CHANGING IT TO READ "PHOTOGRAPHIC STUDIO" UNDER R-3. • CITY OF CLERMONT • PLANNING AND ZONING COMMISSION MINUTES May 3, 1983 Page two CONDITIONAL USE PERMIT. Mr. William C. Westberg had requested a Con itional Use Permit to allow conversion of the property at 748 Lake Avenue to a residential duplex from a day care center. Ms. George explained that dwelling units in a C-2/CBD zone require a Conditional Use Permit, and that requirements of R-3 Multi-family Residential must be met. Mr. John Westberg spoke in his son's absence, stating that he felt it would be a nice change for the adjoining residential prop- erties when the fence was torn down and the sod restored. No one spoke from the audience when Mr. Sargent asked for comments. A mot-ion was made by Mr. Evans, seconded by Mrs. Gaines, and unanimously approved THAT IT BE RECOMMENDED THAT CITY COUNCIL GRANT THE CUP FOR LOTS 5 ~ 6, BLOCK 76, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The property must be developed in accordance with the ap- proved site plan. 2. No further expansion of the use or additions to this build- ing shall be permitted except as approved by another CUP. 3. All applicable rules and regulations shall be met, in- cluding parking and required square footage of each unit. 4. This property may be used only as a duplex or single family residence. No other residential use or business may be conducted from this building. 5. The final Certificate of Occupancy cannot be issued until all of the stated conditions have been met. 6. This permit shall expire if construction has not begun within one year of the date of this Conditional Use Permit. 7. If any of the above conditions is violated, the applicant understands and agrees that the City may revoke this CUP by resolution. CONDITIONAL USE PERMIT. Lake Highlands Retirement and Nursing Home as requeste permission to construct a three story addition consisting of 60 beds and 29 efficiency units to the existing facil- ity at 151 East Minnehaha Avenue. The Planning and Zoning Techni- cian explained that a previously granted CUP had been allowed to expire, and that revised plans had been submitted with this new request. Expansion of a conditional use, as is a nursing home in an R-3 zone, requires a CUP. A letter from Paul D. Meredith, owner of Lot 3 in Lake Highlands Estates, was read. Mr. Meredith requested the installation of an impenetrable fence between adjacent R-1-A uses and the R-3 use. He expressed no objection to Lot 11 (owned by the applicant) being used for parking if a buffer is erected. He also requested that a fire lane be placed on the Lake Highlands property. Mr. Herbert Rogers and Mr. Buddy Rogers, owners of the facility in question, were present. Herb Rogers gave a brief history of the nursing home and his efforts to gain approval for the previously and presently proposed additions. He offered his projected time- table for financing and other steps in the completion of this pro- ject. Mr. Rogers went on to voice objections to a few of the con- ditions proposed by City staff. (See motion at end of this section.) On item number 9, requiring sprinkler systems, he stated that other agencies were satisfied with smoke detectors. He objected to item number 4 requesting removal of a parking lot on East Avenue, stating that this parking was needed for ambulances and for the convenience of visitors. He explained that there would be a road from East Ave. to Drew Avenue, as required by item number 8 and shown on the ori- ginal site plan. • CITY OF CLERMONT • PLANNING AND ZONING COMMISSION MINUTES May 3, 1983 Page three In response to a question from Mr. Sargent, Mr. Rogers stated that the facility will have 89 beds at completion. Mr. Sargent asked for comments from members of the audience. Arthur Thayer commented that the nursing home has been a good neigh- bor, but that the dumpster noise was excessive early in the morning. Mr. Rogers and .other area residents agreed, and Mr. Rogers stated that other arrangements would be made. Mr. George Dupee expressed concern that the integrity of the R-1-A area surrounding the nursing home. He agreed with the request by Mr. Meredith for a wall as a buffer between zones. Rev. Hubbert Powell mentioned that vehicles backing into East Avenue from the parking area created a safety hazard. He also requested that a wall be built around parking areas to protect area residences from headlight glare. Mr. Edward McCance complained of semi trucks driving over his property. Mrs. Betty Thayer stated that the wall on Drew Avenue is attractive and is an effective screen for the parking spaces. George Dupee expressed concern that the Rogers' residence driveway and the nursing home driveway were used as one, and that this repre- sents "oozing" of the R-3 area into the R-1-A area. A discussion among members of the Commission followed, during which the conditions suggested by City staff were gone over item by item, and Mr. Jones recommended that the Life Safety Code be con- sulted in regard to the smoke detectors vs. sprinkler system. The parking spaces shown on City right-of-way on East Avenue elicited mixed feelings from the members, and a specific change to the con- dition (#4) could not be agreed upon. There. was a similar impasse in regard~to the buffers and the dilemma created by the sharing of the driveways to the residence and the nursing home. It was sug- gested that Council address these problems. Following this discussion Mrs. Parker moved, Mr. Thompson sec- onded and approval was unanimous as follows: THAT IT BE RECOMMENDED THAT CITY COUNCIL GRANT THE CONDITIONAL USE PERMIT FOR AN ADDITION TO THE PROPERTY AT 151 EAST MINNEHAHA AVENUE, SUBJECT TO THE FOL- LOWING CONDITIONS: 1. A sidewalk must be constructed to City standards on the east, west, and north perimeters of the nursing home complex. 2. The existing building must be facelifted and the new buil- ding completed as shown on the architect's conceptual plans. 3. The visual appearance of the shed to the south of the prop- erty must be upgraded.. 4. The parking spaces on City right-of-way on Minnehaha and East Avenues must be eliminated. Enough parking spaces must be provided to meet City requirements of one space for each four beds and each four employees, plus one space for each staff doctor. 5. Landscaping buffers around all parking areas and between the nursing home and the residential properties to the rear must be provided as required by the City Landscaping Ordinance. A buffer strip six feet in height should be provided along rear lot lines planted with hedges and sup- plied with a sprinkling system to maintain the plants. A four foot high wall must be installed along Drew Avenue to screen the southernmost parking area. 6. Utilities must be installed in accordance with the materials and procedures specified by the Clermont Utilities Director. • • • • CITY OF CLrE~RMONT PLANNING AN~INU`i'E~OMMISSION May 3, 1983 Page four 7. An engineer hired and paid by the applicant must certify facilities for on-site retention of storm water from the parking lot and buildings. Storm water cannot be dis- charged directly into the street and storm water overflow facilities must be shown and approved by the City engineer. 8. A rear yard setback of 25 feet is required under current zoning regulations for the purpose of providing a fire lane to the rear of the building. The access road must show curves with sufficient radius to accomodate semi trailer trucks. 9. The existing east wing will meet fire safety standards, including the provision of a sprinkler system. 10. Lot 11 is zoned R-1-A and must be approved for parking by City Council. 11. The property must be developed in accordance with an approved site plan. 12. If, at a future date, parking at this location proves inad- equate, the applicant understands and agrees that the City may require more parking. 13. No further expansion of the use or additions to this com- plex shall be permitted except as approved by another CUP. 14. All applicable rules and regulations shall be met, in- cluding final site plan approval, landscaping, parking, sign regulations, and State HRS regulations. Locations of signs and dumpsters must be shown on final site plan. 15. This property may be used only as a nursing home facility. No other than permitted business uses can be conducted from this building. This CUP is not transferable to any other business use. 16. The final Certificate of Occupancy cannot be issued until all of the stated conditions have been met. 17. This permit shall expire if construction has not begun within one year of the date of this CUP. 18. If any of the stated conditions is violated, the applicant understands and agrees that the City may revoke this CUP by resolution. Mr. Evans expressed trepidation because inadequate information and plans had been presented. Mr. Sargent suggested that workshop meetings of the P ~, Z be changed to Monday preceding a meeting at 5:15 p.m. It was agreed to table the training session. The meeting adjourned at ATTEST: c, ~_ , Marilyn G. George,:` lanning ~' 10:45 p.m. -~ -~ _._-- f '~ < < ~~. . '!John barge , Chairman /f / onin`-g~'echnician