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.
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CITY OF CLERMONT
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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
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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
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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.
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CITY OF CLERMONT
MINUTES
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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.
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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.
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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
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• 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:
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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
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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.
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Date Filed
Signature
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