01-06-1987 Regular Meeting~~
CITY OF CLERAIONT
MINUTES
PLANNING AND ZONING CO1rIIrIISSION
JANUARY 6, 1987
The regular scheduled meeting of the Planning .and Zoning
Commission was called to order on Tuesday, January 6, 1987 at
7:30 p.m. Members attending were Adelbert Evans, Debbie Gaines,
Buddy Rogers, John Sargent, Cecil Smart, Don Smith, Marilyn
George and Gloria Johnson. Kathy Bloebaum had sent a letter of
resignation which was received by the City Manager.Also attending
were City Planner Dean Perlick and Planning and Zoning Technician
Jane Warren.
MINUTES of the November 4, 1986 meeting were approved as
presented.
Mr. Sargent reminded the members of the Commission that the City
Council would be making appointments to the Planning and Zoning
Commission at the regular scheduled Council meeting on Tuesday,
January 13, 1987. Those members whose terms will be expiring are
Marilyn George, Buddy Rogers, Debbie Gaines, Adelbert Rogers and
Gloria Johnson. An additional vacancy was created by Mrs.
Bloebaum resignation.
Mr. Sargent advised any board member or member of the audience
who would be interested in serving on the Planning and Zoning
Commission to submit their application to the City Council thru
the City Manager.
NEW BUSINESS
Mr. Sargent introduced the request by Mr. Qadir Kahn for a
Conditional Use Permit for a 7,650 sq. ft. shopping center. The
proposed shopping center would contain retail space for five (5)
businesses with the main tenant being a furniture store,
containing space for a workshop.
The property is located at the northwest corner of Montrose
Street and Highway 27 and is zoned C-2.
Mr. Kahn was granted a Conditional Use Permit for the shopping
center in November of 1984. However, because construction had
not begun within one (1) year of the date the Conditional Use
Permit was issued, the permit had become null and void. The
permit was reissued in 1985 but has now expired for the second
time.
Mr. Perlick clarified the necessity for a Conditional Use Permit
in the C-2 General Commercial Business District is because of a
shopping center having five (5) or more tenants and the
manufactuing restrictions as stated in the Zoning Ordinance
No.245-c.
Mr. Jimmy Lee Jackson was present and requested that the City
consider the area for possible low cost housing.
Mr. Perlick stated staff would recommend the following changes
to the original 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
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CITY OF CLERMONT
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Engineer. These areas must be properly maintained.
8. Owner shall install and maintain a Grinder Pump for sewer
service to the lateral provided on Montrose Street.
9. An easement shall be executed to allow the use by others of
the private service drive. This drive is to run north and
south on the east side of the property. A fifteen (15) foot
maintenance easement on the west side of the property shall
also be provided.
10. A Performance Bond for Public Improvements shall be
required (including but not limited to driveways and parking
areas, water retention and utility improvements).
11. Phase I shall include all driveways and parking, with the
exception of the spaces along the west property line.
12. Seed or Sod all areas under Phase II before a Certificate
of Occupancy is granted.
After a brief discussion a motion was made by Marilyn George to
recommend to the City Council, that the Conditional Use Permit be
granted subject to the conditions recommended by staff, seconded
by Don Smith and approved by unanimous vote.
Mr. Sargent introduced the following proposed changes to the
Comprehensive Plan: .
PROPOSAL N0. 1.
1. Land Use District NED-3
A. Add as a permitted land use, Retail Trade.
The NED-3 District includes the area along Highway 50 from East
Avenue west to Sunset Lake.
Mr. Per 1 ick stated retai 1 trade was inadvertent 1 y 1 of t out of
the Permitted Land Uses when the Comprehensive Plan was written
and this amendment will correct that error.
After a brief discussion a motion was made by Cecil Smart to
recommend to the City Council, that the proposed amendment be
approved subject to the recommendations by staff, seconded by
Adelbert Evans and approved by unamious vote.
PROPOSAL N0.2
2. Change the following described property from Land Use
District ERD-2 to Land Use District NED-3:
The east side of East Avenue, south to and
including Lot 18, Block 9 Sunnyside Unit, and
North to Highway 50.
This amendment was recommended for approval by the Planning and
Zoning Commission during the last revision to the Comprehensive
Plan in September, but was not approved by the City Council. The
amendment is being placed on the agenda again in order for the
Council to reconsider their decision.
The area is currently zoned R-3, which permits professional
offices as a Conditional Use but is in a Land Use District that
does not include professional offices as a permitted land use.
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CITY OF CLERMONT
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Mr. Saunders stated that the original Land Use Map, that was
adopted by the council,included this area as an area that
professional offices should be allowed.
Mr. Perl ick stated that it is
area have the alternative
professional office.
staff's recommendation that this
to be either residentia l or
Mrs. Pat McCaffrey was present and stated,that as a land owner of
the property at the intersection of East Avenue and Highway 50,
without option of professional offices, it limits her property as
a residential lot facing Highway 50 and literally unusable, and
would favor the permitted use of professional offices in this
area.
Mr. Naujokat was present and also stated he was in favor of
professional offices being a permitted use in this area.
Mrs. Gaines questioned why the City Council did not approve the
previous recommendation of the Planning and Zoning Commission in
regard to this area.
Mr. Saunders stated Council did not approve this proposal before
because of their concern of parking requirements for Professional
Offices .
Mr. Saunders expressed the concern that much of the area is
already developed and that its would be very difficult for any
developer to meet these requirements, but the burden would rest
with a developer if they wished to pursue such a development.
Mrs. Gaines asked for verification that presently retail sales
is not allowed in the area.
Mr. Saunders responded that the only way that anyone could put in
a retail business would be to come back before the Planning and
Zoning Commission and the City Council and request that the
property be rezoned commercial, but the property could not be
rezoned commercial in the present ERD-2 Land Use District.
Mr. Smith expressed concern for possible spot zoning and
suggested a buffer area be considered.
After further discussion a motion was made by Mr. Smart to
recommend to the City Council the acceptence of the proposed
amendment as presented by staff. The motion died for the lack of
a second.
Mr. Evans expressed hie reservations on this proposal because of
the uses which were extended to the NED-3 Land Use District in
the previous proposal.
Mr. Evans made the motion that the Planning and Zoning Commission
recommend to the City Council denial of this proposed amendment.
The motion died for the lack of a second.
Mr. Saunders stated if the proposal were granted the Planning and
Zoning Commission and the City Council would still have control
if professional offices were requested, because they could only
do so under a Conditional Use permit, which must be considered by
the City Council and the Planning and Zoning Commission.
After further discussion, Mr. Rogers made a motion that the
Commission recommend to the city Council acceptance of the
proposed amendment as presented by staff, seconded by Cecil
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CITY OF CLERMONT
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Smart and approved
George, Gaines and
Smart voting nay.
PROPOSAL N0. 3
by a 6-2. Commission members Smith, Rogers,
Johnson voting aye, and members Evans and
3. Land Uae District IID-5
A. Add as permitted uses, nursing home facilities,
professional offices and retail businesses.
B. Change maximum allowable density from eight (8) units
per acre to twelve (12) units per acre.
Retail and professional offices are not a permitted land use in
this section of the UD-5 District, and residential development
is 1 invited to eight (8) units per acre.
Mr. Sargent emphasied that any changes recommended would affect
the entire UD-5 area.
Mr. Perlick stated that staff recommends to add to the UD-5
District, General Commercial Use, Professional Offices and
Nursing Homes facilities as part of a Planned Unit Developement
only. In areas mentioned under ~k5 of the UD-5 District it would
be necessary to add General Commercial Use, Professional Offices
and Retail be allowed as a Planned Unit Development only. Staff
also recommends that the density remain at 8 unite per acre.
Mr. Perlick stated that Holland Associates Inc. are proposin
to construct a sixty (60) bed nursing home and two hundred (200
coegregate care units on one side of Lake Charles and a
professional office building and a retail building on the other
aide of the lake.
Mr. Saunders stated the commission should address the concerns of
the Land Use, and what could go into the area in the future,
before consideriing any proposed project in the area.
Mr. Holland from Holland and Associates was present and stated
that the land is zoned commercial and the area to the east has
the density of 12 units per acre and it is not his intention to
create an island of 12 units per acre.
Mr. Saunders stated if the area were changed to 12 units per
acre, there would have to be a Conditional Use permit if someone
wanted to develop more than a total of 12 unite, but there would
still be the option for someone to build 12 units or less without
a Conditional Use Permit on one acre of land if the setbacks and
water retention requirements were met.
Mr. Saunders stated it was the original concept of our
Comprehensive Plan, to ensure that any development on a slope of
greater than 7~ or on a body of water would be kept to a medium
of low density develpment, and that is the basis for staff's
reco~omendations.
A letter was also read from the Lake County Board of
Commissioners which recommends that the density of 8 to 12 units
be limited to the west of Grand Highway only.
Mrs. Gaines emphasied the need to follow guidelines of the
Comprehensive Plan.
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CITY OF CLERMONT
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Tanya Reeling from Holland and Associates asked if it would be
possible to later present their case before council from the
standpoint that congreate care is a different type of apartment
development than the regular multi-family development.
Mr. Saunders advised Ms. Reeling that the project would go before
the City Council during the development stage of the Planned
Unit Development.
Mr. Smart stated he felt comfortable with a high density if
controls could be put on the developments, such as a Planned Unit
Development.
Mr. Rogers cautioned the Planning and Zoning Commission about a
past proposed project, which required Land Use changes, that
never materilized and now the city is locked into such criteria.
Linda Beal was present and stated she felt 12 units an acre was
feasible since the county had adjoining property with the density
of 12 units per acre. ,
Mr. Saunders emphasied the reason the staff is making such a
proposal to the Comprehensive Plan is to be able to afford a land
owner in the UD-5 area the possibility of developing their
property and not to be limited to only multi-family residential
with the density of 8 units per acre, but to be accountable to
the City through a Planned Unit Development.
A motion was made by Buddy Rogers to recommend to Council the
denial of the proposed amendment to the Comprehensive Plan and
that the entire UD-5 area be put on the agenda for review by the
Planning and Zoning Commission.
Motion died for the lack of a second.
A motion was made by Don Smith to recommend to the City Council
acceptance of the proposed amendment, to add as permitted uses,
nursing home facilities, professional offices and retail
businesses, as a Planned Unit Development only, and for the
density to remain at 8 units per acre, except under a Planned
Unit Development, when an increase of up to 12 units an acre
could be considered, seconded by Cecil Smart and approve by a 5-3
vote. Members Smith, George, Sargent, Johnson and Smart voting
aye, and members Evans, Gaines and Rogers voting nay.
There being no further business the meeting was adjourned.
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j Jo n N. Sargent, C airman
ATTEST
J ne Warren
lanning and Zoning Technican
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