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03-04-1986 Regular MeetingCITY OF CLERAIONT MINUTES PLANNING AND ZONING COMMISSION March 4, 1986 A regular meeting of the Planning and Zoning Commission of the City of Clermont was called to order by Chairman John N. Sargent at 7:30 p.m. on March 4, 1986. Members attending were Kathy Bloebaum, Adelbert Evans, Debbie Gaines, Buddy Rogers, John Sargent, Cecil Smart and Don Smith. Members Marie McKinney and Bob Thompson were excused. Also attending were City Manager Wayne Saunders and Planning and Zoning Technician Marilyn George. MINUTES of the meeting held February 4, 1986 were approved as presented. CONDITIONAL USE PERMIT. Mr. Sargent described a request by Ross Copeland to construct a five thousand (5000) square foot building in the C-1 Light Commercial zone on Lots 9 through 19, Block 89, less the west 149.87 feet thereof. Buildings over three thousand square feet require a Conditional Use Permit in C-1 zones. The City Manager recommended approval of the request, since all other requirements of the Zoning Ordinance could be met, subject to suggested conditions. He discouraged the driveway opening onto Chestnut Street shown on the site plan because of the resi- dential nature of the south side of Chestnut Street, and also pointed out that the fenced outdoor storage area shown should be moved or reduced in size to permit a five foot Landscape buffer as required by the Landscaping Ordinance. He noted that the Zoning Ordinance requires fencing for outdoor storage to be opaque. Mr. Copeland urged that he be permitted to retain the Chestnut Street exit, mainly for safety reasons. He stated that he was concerned for the safety of cars exiting into Highway 50 when oncoming cars would be approaching over the hill. He also explained that it would facilitate the unloading of delivery vehicles to have the Chestnut Street access. Tom Schoonover, who owns the property to the east of the subject property offered the use of his driveway which opens onto Chestnut Street. Mr. Smith shared the results of a survey he had made of Chestnut Street, and noted that there are numerous businesses existing with access to that street. A discussion concerned possible shared use of the Texaco Station's driveway on the west, and Mr. Rogers pointed out that there frequently are cars parked on • Chestnut Street, making progress difficult. A motion was made by Mrs. Gaines and seconded by Mr. Evans that it be recommended to City Council that the request be granted with the suggested conditions and comments. The motion was defeated, with members Bloebaum, Rogers, Smart and Smith voting nay. A motion was made by Mr. Smith and seconded by Mr. Smart THAT APPROVAL OF THE REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A 5000 SQUARE FOOT BUILDING IN THE C-1 LIGHT COMMERCIAL ZONE BE RECOMMENDED TO CITY COUNCIL WITH THE FOLLOWING CONDITIONS, CONTAINING A REVISION OF CONDITION NO. 1 TO ALLOW ACCESS TO CHESTNUT STREET. The motion was defeated, with members Evans, Gaines, Rogers and Sargent voting nay. 1 CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 4, 1986 After a brief discussion about the method of exiting from the parking lot, Mr. Rogers withdrew his nay vote. The same motion was made by Mr. Smith, seconded by Mr. Smart and carried by a four to three vote, with members Evans, Gaines and Sargent voting nay. 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 arees that the City may require additional parking or rescind this CUP. 3. No further expansion of the use or additions to this facility shall be permitted except as approved by another CUP. 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 Lake County Pollu- tion Control Board and FAC 17-25 must be met, and approved by the City Engineer. These areas must be properly main- tained. 5. This property may be used only for retail sales. No other business operation may be conducted from this facility. This CUP 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 CUP. $. If any of the stated conditions is violated, the applicant understands and agrees that the City Council may revoke this CUP by resolution. CONDITIONAL USE PERMIT. Mr. Sargent introduced a request by Tommy and Janniebelle Johnson to establish a church in an existing residence in the R-2 Medium Density Residential zone at 907 Scott Street (Lot 23, Lincoln Heights School). It was explained that churches require a Conditional Use Permit in all zones. Mr. Saunders stated that he had had several calls from neighbors of the Scott Street location who were opposed to the request. He read the following statement from his comments on the request: "Assemblies or services have been conducted illegally at this site on several occasions over the past several months, resulting in constant complaints, mainly due to excessive noise late at night." He explained that the neighborhood is made up of single family homes, one of which is less than twenty feet from the 2 CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION March 4, 1986 house in question. He pointed out that off-street parking would not be adequate, and that satisfying the landscape requirement would further cut down on available parking space. The applicant stated that there was space for fifteen cars. Edward Wright, who lives in the neighborhood, said that he had been kept awake late at night, and that he was concerned about the lack of parking space. Another neighbor, Reuben Jamison, also mentioned the noise and added that he felt the parcel was not suitable for a church. Discussion produced the information that about sixty (60) parking spaces would be required, and that the building should be in- spected and certified by an architect as to safety for assemblies. The Lake County Building Inspector was quoted as saying that it could probably not be brought up to Code. A motion was made by Mr. Evans, seconded by Mrs. Gaines and unanimously carried THAT DENIAL OF THE CONDITIONAL USE PERMIT TO ALLOW A CHURCH IN AN EXISTING HOME AT 907 SCOTT STREET BE RECOMMENDED TO CITY COUNCIL. There being no further business to come before the Commission, the meeting was adjourned at 8:25 p.m. JOHN N. 5ARGENT,ti hairman TEST: MARILYN ~ GEORGE, ` P & Z T~hnician 3