10-06-1987 Regular Meeting• • CITY OF GL.~RMQNT MINUTES PLANNING AND ZONING COMMISSION The regular scheduled meeting of the Planning and Zoning Commission was called to order on October 6, 1987 at 7:30 p.m. by Chairman John Sargent. Members attending were , Curt Dicamillo, Adelbert Evans, Marilyn George, Cecil Smart, and Don Smith. Members Debbie Gaines and Dorothy McGriff were excused. Ron Carden was absent. Also attending were Wayne Saunder City Manager and Jane Warren Planning & Zoning Technician. MINUTES of the meeting held September 1, 1987 were approved as presented. NEW BUSINESS Mr. Sargent introduced Item No. 1 and requested staff's recommendations. Item No. 1. Conditional Use Permit Cecil Smart Mr. Smart is proposing to convert 1,046 sq.ft. of commercial space he is now leasing into a living area. The site sketch attached to the Conditional Use Permit application indicates the living area, kitchen, bath and utility area on the first floor and the bedroom and living room on the second floor. Mr. Saunders recommended approval of the Conditional Use Permit Request with the following 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 inadequate, 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. 5. This property may be used only as a Commercial Use with a single dwelling unit above.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. 7. This permit shall expire if construction has not begun within one year of the date of this Conditional Use Permit. 1 • CITY OF CLERMONT MINUTES ~~ 8. If any of the stated conditions are violated, that applicant understands and agrees that the City Council may revoke this Conditional Use Permit by resolution. 9. The living area is to be only for the applicant and his immediate family. The living area may not be subleased or otherwised utilized by someone other than the applicant. 10. The building must be inspected by the Lake County Building Inspector and any code violation or deficiencies corrected prior to a Certificate of Occupancy being issued or the building being utilized as a residence. 11. All vehicles will be parked in an off street area provided to the rear of the building. Mr. Saunders also suggested Condition #10 would serve as a safety precaution, and Condition No. 11 would help to control the parking problems experienced in the downtown area with other apartments. Mr. Smith questioned if this request were granted would the use be transferable to a new tenant if Mr. Smart should vacate the premises and if not how would this be enforced. Mr. Saunders advised Mr. Smith it would not be transfered to another tenant and if necessary could be enforced through Code Enforcement. Mr. Smart asked for Condition No. 10 to be clarified concerning the inspection of the entire building. Mr. Smart stated he was not aware of any existing violations. Mr. Sargent suggested Condition No. 10 was added as a protective measure by the City to ensure that all inspection would be made an any violations corrected. After a brief discussion a motion was made by Mr. Evans to recommend to the Gity Council approval of this Conditional Use Permit Request as recommended by the staff, seconded by Curt Dicamillo and approved by unanimous vote. Vote being 4-1, with Cecil Smart abstaining because of a conflict of interest. Mr. Sargent introduced Item No. 2 and asked for staff's recommendations. Item No. 2 Request for a Conditional Use Permit Darlene Smith The applicant is proposing to operate a congregate care facility with a maximum of three (3) residents. The property is located on a C-2 area which allows this use as a Conditional Use. This is an existing structure which formerly housed the WWFL radio station. The existing parking meets the requirements for this type of use. Under Condition # 4 the only applicable regulation to be met would be additional landscaping as required by the Landscape Ordinance. Mr. Saunders recommended approval of this Conditional Use Permit request with the fallowing 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 2 • CITF OF CLFRMONT MINUTES 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. 5. This property may be used only as a three resident, congregate care facility. 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. 7. This permit shall expire if use has not begun within one year of the date of this Conditional Use Permit. 8. If any of the stated conditions are violated, that applicant understands and agrees that the City Council may revoke this Conditional Use Permit by resolution. 9. The building must be inspected by the Lake County Building Inspector and any code violations or deficiencies must be corrected prior to a Certificate of Occupancy being issued. 10. All regulatory agency requirements must be met and letters of approval filed with the City prior to occupancy. Mr. Saunders stated Condition # 9 would require the building to be to code prior to occupancy. Mr. Evans questioned if the requested use would require state certification. Darlene Smith was present and stated certification was required only when there would be four or more residents. Mr. Sargent asked what assurances the City would have of this not expanding to four or more residents. Mr. Saunders explained if any further expansion were desired, it would be necessary for a another Conditional Use Permit to be requested and at that time state licensing would be required. After a brief discussion a motion was made by Cecil Smart to recommend to the City Council approval of this Conditional Use Permit as recommended by staff, seconded by Curt Dicamillo and approved by a unanimous vote. Mr. Sargent introduced item No. recommendations. 3 and asked staff ' s 3 • CITY OF CLERMONT MINUTES Item No. 3 Conditional Use Permit Ladd Construction for Gafford French The applicant proposes to construct a six unit addition to the existing Florida Motel. The conditions as stated will require all applicable current regulations to be met for the entire facility including the existing area. This includes storm water retention and parking The applicant proposed to utilize a septic tank system due to no sewer system being available in this area. Mr. Saunders recommended approval of this request with the following 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. A11 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 motel. 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. 7. This permit shall expire if construction has not begun within one year of the date of this Conditional Use Permit. 8. If any of the stated conditions are violated, that applicant understands and agrees that the City Council may revoke this Conditional Use Permit by resolution. 9. Septic tank system to be properly abandoned and property connected to city sewer system when available in this area. Cost of connections including pro-rata share of sewer main and applicable Utility Benefit fees shall be paid by the owner at the time of connection. 10. In addition to standard landscape requirements any tree 8' or taller that are removed for construction shall be replaced with approved trees being a minimum of 8' in height at planting on a one for one basis. Every effort should be made to preserve any of the existing trees on the site. 11. A performance bond, cash bond, or approved letter of credit must be issued to the City prior to Zoning Clearance being issued. 4 CITY OF CLERMONT MINUTES • In regard to Condition No. 9 Mr. Sargent asked if Mr. French would be charged the amount of the current Utility Benefit Fee or the amount applicable when a sewer system is available. Mr. Saunders stated Condition #9 would require the property to be connected to the city sewer system at their expense when it is made available to this area, and also for impact fees paid at that time. Dale Ladd was present and questioned to what extent landscaping would be required in order to be in compliance with the Landscape Ordinance. Mr. Ladd pointed out that the motel is quite a distance from the road and is somewhat buffered from the view of surrounding residences, Mr. Ladd suggested the required landscaping could be waived. Mr. Saunders stated that staff and Council have always taken the position to upgrade landscaping when possible, and did not feel this would be an exception to that position. Mr. Saunders pointed out that he did not feel that there would be extensive landscaping required and also expressed his concerns with preserving the existing oak trees on the site. After a brief discussion a motion was made by Mrs. George to recommend to the City Council approval of the request, as presented by staff seconded by Mr. Evans and approved by unanimous vote. Mr. Sargent introduced Item No. 4 and requested staff's recommendations. Item No.4 Request for a Conditional Use Permit Willie Montgomery The applicant is requesting a Conditional Use Permit to continue and expand an existing nonconforming use. This is the previous site of Bill's Grocery on Scott Street. Mr. Montgomery proposes to convert the existing building into a historical community center with an outside area to the rear for open air bar-b-que cooking and serving In addition to the food sales he proposes to sell vegetables on consignment and have Black History videos. Mr. Saunders stated he did not see a problem with the community center to be housed in the existing building, being issued a Conditional Use Permit under R-2 Medium Density Residential District conditional uses #8 but the other proposed uses actually requests for: 1. Opera Air Retail Sales for produce 2. Open Air Restaurant 3. Open Air Entertainment This is a R-2 Medium Density Residential zone which does not allow any of the three above uses as a permitted use or as a conditional use. Section 26-40 of the Zoning Code states that no nonconforming use shall be changed to another nonconforming use. The previously existing nonconforming use was retail sales under which the proposed produce stand could fall, but our code requires that to be enclosed. 5 • CITY OF CLEKMONT MINUTES Section 26-40 (6) which reads as follows must be carefully considered with this request. Section 26-40 6. After consideration by the Planning and Zoning Commission and approval by the City Council, any use of a building or land which is classified nonconforming may be granted a Conditional Use Permit for the reconstruction, enlargement or expansion when it is determined that such reconstruction, enlargement or expansion is not obnoxious or detrimental to the district in which it is located, and when the denial of a Conditional Use Permit would create an unnecessary hardship on the owner, as defined by State Law. Mr. Saunders informed the Commission that the City Attorney had advised him that the use requested in the rear of the property, the open air restaurant and sales of vegetables, would be illegal in the R-2 Medium Density Residential District. Mr. Saunders recommended approval of this request, for the community center only, with the following conditions: 1. The property must be developed in substantial accordance with an approved site plan. 2. If, at a future date, Barking 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. 5. This property may be used only as a Community Historical Center, with incidental retail sales. No other business operation may be conducted from this facility. This Conditional Use Permit is not transferable to any other business use, person ar 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. If any of the stated conditions are violated, that applicant understands and agrees that the City Council may revoke this Conditional Use Permit by resolution. Rev. Julian Montgomery was present and expressed his concern for the need of such a project in the community, and felt is was in the best interest of the community to grant this request. 6 N / ~ • CITY OF CGERAfONT MINUTES Mr. Smith stated he did not object to the Black Historical Community Center, but felt the food service portion of this request would bring up problems of parking as well as the classification of a restaurant in this R-2 District. Mr. Saunders suggested that "with incidental retail sales" be removed from Condition No. 5. After a brief discussion a motion was made by Mr. Smith to recommend to the City Council approval of the request with the amendment to Condition No. 5 seconded by Mrs. George and approved by unanimous vote. There being na further business the meeting was adjourned. •, r John Sargent, airman ATTEST e Warren lanning & Zoning Technician 7 FORM 8B MEM ~~RANDUM OF VOTIN ONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST N.4~1E-EIKST NAME-h11DDLE NAME NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE t h1AILING ADDRESS ~ THE BOARD, COUNCIL, COh1MISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ~T\' COUNTY OTHER LOCAL AGENCI' C'IT\' COUNTI' ~~~ ~N T NAME OF POLITIG4L. SUBDIVISION: DATE ON \\'HICH VOTE OCCUkRED MY POSITION IS: Q ~ ~ , ~ ~ ELECTIVE POINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, Dr committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the la\v when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise ma}' participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt. to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the -form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. PACE 1 ~ ~ IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within IS days after the vote occurs with the person respopsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST I, ~ci~ ~~~ ~ ,L-_ , hereby disclose that on .~.,... (a) A measure came or will come before my agency which (check one) ^~ inured to my special private gain; or ~,,-0;. inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: 19~: by whom I am retained. ~`` L,(I G~~ ~~--r~r~ ~ tip. Vvc,.~ -K-s-~z~ G%~~ 3* Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR 1V10RE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. ~''" ~t ruK.w se - IU-K6 PAGE