06-02-1987 Regular Meeting• •
PLANNING AND ZONING COMMISSION
JUNE 2, 1987
The regular scheduled meeting of the Planning and Zoning
Commission was called to order on Tuesday June 2, 19$7 at 7:30
p.m. By Vice-Chairman Adelbert Evans. Members attending were
Debbie Gaines, Cecil Smart, Don Smith, Marilyn George, and Ron
Carden. Members John Sargent and Curt Dicamillo were excused and
Gloria Johnson was absent.
Minutes of the meeting held May 5, 1987 were approved as
presented.
NEW BUSINESS
Mr. Evans introduced ITEM N0.1:
CONDITIONAL USE PERMIT REQUEST
LOCATION
501 Almond Street
Clermont Heights Lot 127 {R-3)
Lot 128 (C-2)
Fairview Place W 1/2 of Lot 10 and all of Lots 11 and 12 (R-2)
Mr. Saunders presented the staff's recommendations for this
request.
The Zoning Ordinance classified two types of uses: Permitted and
Conditional. Permitted uses require the City to issue a building
permit on the basis of an application for a permit alone, without
any further review, as long as all the requirements of the City's
Zoning Ordinance are met. Permitted uses are allowed throughout
a zoning district.
Conditional uses require special approval by the City Council
after a recommendation is made by the Planning and Zoning Commis-
sion. Conditional uses are those which may be appropriate in
some locations within a zoning district, but only under certain
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.
2. 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.
A Conditional Use Permit is required for this project because Lot
127 is zoned R-3. Professional offices are allowed in R-3 as
Conditional Uses only. Lots 10, 11, and 12 are zoned R-2 which
1
•
•
does not allow professional offices, however, section 26-23, (5)
does allow extension of required parking space into a residential
district provided the parking spaces (2)adjoins a commercial or
industrial district:(b} has its only access to, or fronts upon the
same streets as the property in the commercial or industrial
district for which it provides the required parking space; and
(c} is separated from abutting properties in the residential
district by a buffer strip.
The applicant is requesting a variance to item (b) for a proposed
driveway onto Disston Avenue which would he located in the R-2
zone and access the parking on lots 10, 11, and 12.
The applicant proposes to continue to utilize the existing
structures as a professional office for an indefinite period.
The Conditional Use Permit for the existing building expired
January 25. 1987 and continued use as a professional office is to
be considered as a part of the Conditional Use Permit.
In granting a Conditional 'Jse 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.
If this request is granted, we would recommend that the following
conditions be met:
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.
5. This property may be used only as professional offices.
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 is violated, the applicant
understands and agrees that the City Council may revoke this
Conditional Use Permit by resolution.
2
•
9. Sidewalk will be constructed to City specifications along
Disston Street.
Mr Dougherty was present and stated his concerns regarding the
possible damage to the requested sidewalk, prior to the
completion of the second phase of this project, and requested a
delay in constructing the sidewalk.
Mr. Smith stated his concerns was to insure that sidewalks be
required, but felt is was necessary to evalutate the time frame
in which construction should be required, especially if heavy
construction vehicles are to be on the site.
Mr. Saunders advised Mr. Dougherty that the street behind his
property (Hill Street) had been abandoned by the City and is a
private drive, therefore a portion of his parcel is non-
conforming because of not having access to street frontage.
Mr. Saunders recommended that this situation would be addressed
after being reviewed by the City Attorney.
After a brief discussion a motion was made by Mr. Smith to
recommend approval of the Conditional Use Permit request with the
following revision to condition No. 9;
9. Sidewalk will be constructed along the side of Lot 12, to
the driveway of the rear parking on Disston Street, with the
stipulation that the sidewalk will be continued to Almond
Street and east on Almond Street, when Lot 127 is developed.
Seconded by Cecil Smart, and approved by unanimous vote.
At this time Mr. Saunders advised the Commission at the next
Planning and Zoning meeting there will be a proposed amendment to
the Zoning Ordinance, addressing the use of Patio Homes (zero lot
lines). Mr. Saunders requested the Planning and Zoning
Commission address the standards concerning lot size, side yard
setback, and minimum street frontage.
These being no further business the meeting a adjourned.
Adelbe t Evans, Vice-chairman
ATTEST
ne Warren,
Planning & Zoning Technician
3