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06-07-1988 Regular Meeting• • CITY OF CLERMONT MINUTES JUNE 7, 1988 The regular schedu)_ed meeting to the Planning & Zoning Commission was called to order by Chairman John Sargent. Members attending were Marilyn George, Don Smith; Debbie Gaines, Bonnie Kranz, Adelbert Evans Curt DiCamilio, Rob Mitchell and Cecil.. Smart.. Also attending were James McAllister Planning Director and Jane Warren Planning and 7,oni.ng Technician. MINUTES of. the meeting held May 3, presented Mr. Sargent introduced item No. 1. CONDT_TIONAI, USE PERMIT REQUEST First Baptist Church of Clermont INASMUCH I1VC , REQUEST: To operate a SHELTER HOME 1988 were approved as The applicant is requesting a Conditional Use Permit to operate a shelter for abused and neglected children at the site of the old Gables Restaurant immediately adjacent to the Christian Life Center. Mr. Sargent requested staff's recommendations. Mr. McAllister informed the Commission that the home will consist of between five (5) and ten (10) children all under the age of 18. One couple will act as the foster parents and will reside in the house full time. No additions or reconstruction of the house will be necessary other than interior remodeling and no other use is planned for the property. Mr. McAllister referred to the Zoning Code which requires one (1) parking space for each bed in boarding houses. Mr. McAllister suggested to apply this requirement to the applicants situation would be unfair as the standard parking requirement for group quarters (social services) is one (1) space per five (5) beds. Insofar as no parking plan has been submitted, staff is of the opinion that limited to ten (10) children, this use would not create a parking problem as the applicant can make due with the existing parking area immediately adjacent to the site.It must be understood however that any increase in intensity of use, whether through the taking in of more children or the utilization of part of the building for other activities regardless of whether a permitted use or not, will more than likely result in a parking problem. The request is consistent with the values and conventions of good land use planning and as such, staff recommends approval with the following conditions: The Clermont Zoning Ordinance states that a Conditional Use Permit (CUP) may be granted only if the following conditions are met: 1. The proposed use is desirable at the particular location. 1 • • CITY OF CLERMONT MINUTES ?, . The use wil]_ not be detrimental to the health, safety or general. welfare of persons working or residing in the vi,cin~.ty. 3, The proposed use will comply with the regulations and conditions in the City codes for such use. 4. The Conditional use will not adversly affect the officially adopted Comprehensive Plan of the City. In granting a Conditional Use Permit the City may impose condi- tions deemed necessary and desirable to protect the general welfare in accordance with the intent of the Zoning Ordinance. CONDITIONS Article IX of the City Zoning Ordinance provides that the Conditional use Permit shall not become effective for any reason unless and until the following events have occurred 1. Permittees shall have agreed to each and every condition by properly executing and signing the Conditional Use Permit. 2. Such Conditional Use Permit executed as indicated shall have been filed in the office of the City Manager within three months of its approval by City Council. Upon expiration of this period, the permit shall become null and void, and the Permittees must apply for rehearing. 3. In the event of failure of the permittee to fulfill development in substantial accordance with the plans as submitted to the Planning and Zoning Commission and the City Council; comply with the codes of the governmental agencies having lawful and appropriate jurisdiction thereon; or meet any of the terms of the Conditional Use permit, the permit may be revoked after due public hearings before the Planning and Zoning Commission and the City Council. CONDITIONS: 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 inade- quate, the applicant understands and agrees that the City may require additional parking or rescind this Conditional Use Permit. 3. No further expansion of the use or additions to this facility shall be permitted except as approved by another Conditional Use Permit. 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 landscaping must be served with a permanent irrigation system and must be properly maintained. The drainage and stormwater retention requirements of the appropriate regulatory agencies must be met, and approved by the City Engineer. These areas must be properly maintained. 2 • • CITY OF CLERMONT MINUTES 5, This property may be used on1.y as a SHELTER HOME. No other business operation may be conducted from this facility. This Conditional iTSe Permit 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 Conditional Use Permit. 8. 7f any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by resolution. 9. No more than ten (10) children under the age of 18 will be permitted to occupy building along with one (1) foster parent couple. 10. No other use will be permitted to operate from the building other than a child abuse shelter. The building shall not serve as an extention for other related activities. 11. All necessary licenses from any federal, state, or local agency must be secured before an Occupational License can be issued. Mr. Roy Caldwell, President of Inasmuch, was present and stated the shelter home would be used as a temporary shelter to assist individuals in times of emergencies and also as a temporary shelter for children whose cases are being determined by the courts and awaiting permanent placement elsewhere. Mr. Caldwell pointed out the maximum time a child would be allowed in the home will be twenty-one (21} days. Mr. Caldwell also pointed, upon approval from the City, the project will proceed under the direction of HRS and will meet any obligation concerning requirements and licensing necessary. Christine Williams was present and spoke in favor of the project stating there was only one other facility of this kind in the County, which is located in Leesburg, and suggested there was a definite need in the southern end of the County for this facility. Commission Member Smart stated his approval of the project and expressed concern regarding Condition No. 9, which would limit the number of children in the shelter. Commission Member Evans questioned if the house parents would be in the home on a 24 hours basis. Mr. Caldwell stated that there will be around the clock supervision at the shelter and also the provision of a back team to assist the house parents if the needs arises. Commission Member Smith expressed concern regarding the verification of the qualifications of the in-house staff, suggesting many of these children could present behavioral problems and be in need of professional counseling. Mr. Caldwell explained that the staff will be approved by HRS and 3 _. • • CITY OF CLERMONT MINUTES r_hildr.en sent to the shelter will also be under the direction of HRS. Mr. Smith questioned the safety of the building and asked if a sprinkler system would be place in the shelter. Mr. Caldwel] stated a sprinkler system is not planned for the shelter bttt pointed out that the home would have to be approved by HRS and also inspected by the Lake County Building Department. After a brief discussion a motion was made by Cecil Smart to recommend to the City Council approval of this request as presented by staff, seconded by Mrs. Kranz. Mr. Evans requested that the motion be amended to add that one q~.:alified foster parent be in attendance at all times. Mr. Smart would not accept the proposed amendment stating the guidelines established by HRS would provide the proper supervision. There being further discussion the motion was approved by a 8-1 vote. Member Smith voting nay. Mr. Sargent Introduced item No. 2. CONDITIONAL USE PERMIT REQUEST Rose Formato REQUEST: To construct a triplex The applicant is requesting a Conditional Use Permit to construct a triplex on the northeast corner of Bowman Street and Minnehaha Avenue. Surrounding land uses consist primarily of either duplex's or four-plex's with a single family dwelling located immediately to the east. Mr. McAllister advised the Commission that the site plan as submitted neglects to indicate a required landscaped buffer between the parking area and all public right-of-way and adjoining properties. This issue has been addressed at the Site Plan Review meeting of May 25, 1988 and the applicant's engineer has been informed and will make the necessary changes to the plan. Mr. McAllister stated the proposed use is consistent with the character of the neighborhood and would serve as the eastern terminus of R-2 Zoning on Minnehaha Avenue. Mrs. Majorie Morris and Mr. Robert Epps sent letters to staff stating their opposition to this request. No other public opposition to, or support of the project had been filed as of this date. Staff recommends approval of this request with the following conditions: The Clermont Zoning Ordinance states that a Conditional Use Permit (CUP) may be granted only if the following conditions are met: 1. The proposed use is desirable at the particular location. 4 • CITYOF CLERMONT MINUTES ?. The use will not be detrimental to the health, safety or general. welfare of. persons working or residing in the vicinity. 3: The proposed use will comply with the regulations and conditions in the City codes for such use. 4. The Conditional use will not adversely affect the officially adopted Comprehensive Plan of the City. Article IX of the City Zoning Ordinance provides that the Conditional use Permit shall not become effective for any reason unless and until the following events have occurred 1. Permittees shall have agreed to each and every condition by properly executing and signing the Conditional Use Permit. 2. Such Conditional Use Permit executed as indicated shall have been filed in the office of the City Manager within three months of its approval by City Council. Upon expiration of this period, the permit shall become null and void, and the permittees must apply for rehearing. 3. In the event of failure of the permittee to fulfill development in substantial accordance with the plans as submitted to the Planning and Zoning Commission and the City Council; comply with the codes of the governmental agencies having lawful and appropriate jurisdiction thereon; or meet any of the terms of the Conditional Use permit, the permit may be revoked after due public hearings before the Planning and Zoning Commission and the City Council. CONDITIONS 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 inade- quate, the applicant understands and agrees that the City may require additional parking o.r rescind this Conditional Use Permit. 3. No further expansion of the use or additions to this facility shall be permitted except as approved by another Conditional Use Permit. 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 landscaping must be served with a permanent irrigation system and must be properly maintained. The drainage and stormwater retention requirements of the appropriate regulatory agencies must be met, and approved by the City Engineer. These areas must be properly maintained. 5. This property may be used only as a triplex only No other business operation may be conducted from this facility. This Conditional Use Permit 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. 5 • • CITYOF CLERMONT MINUTES 7 . This permit shall expire if const~r:'~ct ~ `';~ fa-is n`?t begLin w~_thin orie year of the date of this Conditional Use Permit. 8. If any of the stated conditions are violated, tha applicant. iinder.stands and agrees that the City Council may revoke this Conditional_ Use Permit by resoluta.on, 9. Clermont Landscape c~rdanance shal_1 be complied with. Mr Rick McCoy, engineer f..or the project, was present and. stated he was available to answer any question. Mr- Smith expressed concern regarding the possible encroachment of a ~.~se h.gher than a duplex a n the area . Mr.. Smith suggested that even though the triplex is a conditional use in the R-2 area, caution should be exercised since this neighborhood does abut the R-1-A, which is our most restricted residential. After a brief discussion a motion was made to recommend to the City Council approval of this request as presented by staff, seonded by Debbie Gaines and approved by unanimous vote. OTHER BUSINESS Mr. Smith requested the City Council to lake front. Mr. Minneola has asked Route" street. Mr. Cities to work in CR561. that the Planning & Zoning Board encourage to consider the realignment CR 561 away from the Smith stated he was aware that the City of to state and county to make CR 561 a "No Truck Smith suggested now was the time for the two harmony in considering the future course of After a brief discussion a motion was made by Mr. Evans to recommend to the City Council to agenda the consideration of the future realignment of CR 561, seconded by Marily George and approved by a 8-1 vote. Member Sargent voting nay, stating it was his opinion that the proper course of action would be for this matter to be addressed by the staffs of the two Cities first and then referred to the Planning and Zoning Commission and the City Council. There being no further business the meeting was adjourned. John N. Sargent ATTEST: Jane Warren Planning & Zoning Technician 6