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R-66-065• • RESOLUTIONS N _° 10 3 No. 65 WHEREAS, AFTER A PUBLIC AND PUBLISHED HEARING HELD ON DECEMBER 10, 1965, THE ZONING COMMISSION OF THE CITY OF CLER.TM40NT, LAKE COUNTY, FLORIDA, RECOMMENDED TO THE COUNCIL OF SAID CITY THAT THE ZONING MAP ADOPTED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, AND APPROVED BY ITS MAYOR, ON DECEMBER 7, 1954, BE AMENDED SO AS TO CHANGE THE FOLLOWING DESCRIBED PROPERTY FROM R-I-A RESIDENTIAL ZONING TO A R-2 RESIDENTIAL ZONE: Begin on South Boundary of iviinnehaha Avenue and the West Boundary of Drew Avenue; Run South 295 feet; West 131.89 Feet; North 100 Feet; West to East Boundary of Knapp Street (now known as East Avenue); North 195 feet; East 355 feet to point of beginning; all in the City of Clermont, Lake County, Florida; and WHEREAS, on February 8, 1966, after public and published notice, the said Council held a Public Hearing on the recommendations of the Zoning Commission whereupon the following facts and conditions were found and determined to exist: (A) That use of the land described has, since prior to 1925, been for a club house or hotel building, and is widely known in the area as the "Lake Highlands Hotel", and that such uses have continued from the date of its construction until the present time, and that said use of the property herein described existed prior to the adoption of any zoning ordinance by the City of Clermont, Florida; (B) That on December 7, 1954, the City Council of the City of Clermont, Florida, Pursuant to a comprehensive Zoning plan, adopted a zoning ordinance and map in which the hereinabove land was included in a residential zone designated as R-1-A, and said ordinance further provided that: "Any lawful use or structure existing at the time of enactment or subsequent amendment to this chapter which is not in conformity with the provisions, may be continued...". (Limitations on continuing of non-conforming uses are set forth in Section 26-5 of the Clermont Code, but are not applicable to the matter before us.); • • RESOLUTIONS N ~ 10 4 NO. 65 (C) That the customer demand for the use of said property as a hotel has begun to decline in recent years, and it is a matter of general knowledge that the demand of the property for use as a hotel has greatly diminished and that said hotel property had slowly, but progressively, begun to deteriorate and failed to make a return to its owners sufficient to keep it in proper main- tenance and repair, and until recently, existed in a run-down condition and could not be operated at a profit to its owners; (D) Since the purchase of the property by the present owners, the operation of the Lake Highlands Hotel as a Retirement Hotel has begun to make possible improvements to the old building, but has also created a situation in its operation in which the residents of the home, as they grow older, needed nursing facilities, and that a portion of said building has operated for the past five years under a State and City License as a nursing facility and has filled a definite need in this community in providing such care and facilities; that the operation of said hotel, or any part thereof, as a nursing facility, is not permitted in residential zones designated R-1-A, but is permitted under ordinance in Residential Zones, designated R-2; that the use of said property as a hotel is a permitted use under the residential zone designated under our Zoning Ordinance as R-2, and that an amendment to our existing ordinance permitting the property herein described to be designated R-2 would not vary the use of said land substantially from its present use; (E) That said property is not suitable for residential use as it now exists; (F) That the amendment of our ordinance so as to designate the herein described property as R-2 would permit the construction of new and modern facilities to provide nursing facilities to our senior citizens and would improve the appearance of the property and would not impose a substantial new burden upon adjoining • • RESOLUTIONS N °_ 10 5 NO. 65 property owners, and will likely enhance the value of neighborhood properties; (G) That there is a definite need in our community for a re- tirement home with nursing facilities, providing intensive care as well as intermediate care, and that the present location is ideally suited for providing such care; (H) That failure to rezone this property to R-2 would in all likelihood cause the property to revert to its former use and its former condition and appearance, and thus subtract from the value of the neighborhood properties; (I) That retirement hotels and nursing homes for our elderly citizens have taken their place in the American community as institu- tions comparable to churches, schools, hospitals and municipal build- ings as a social need; (J) That the City Council of the City of Clermont desires to provide our elderly citizens with retirement and nursing facilities should they become infirm or incapacitated and require professional care, and that such facility be provided in an attractive residential area in which many of such elderly citizens have been accustomed; (K) That a rezoning of said property to R-2 is in the best interest of the health, safety and general welfare of this community and is the best foreseeable use of said property, and is not incon- sistent with the comprehensive zoning ordinance as presently existing, or in violation of its spirit; and based upon said findings, the City Council of the City of Clermont has decided to accept and adopt the recommendations of the Clermont Zoning Commission; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA: That said Council accepts the recommendations of the Zoning Commission of the City of Clermont to amend the zoning ordinance and map of said City adopted December 7, 1954, so that the above described property be removed • • RESOLUTIONS N °_ 10 6 No. 65 from a R-1-A residential zone classification and placed in a R-2 residential zone classification. That an ordinance be prepared for passage putting into immediate effect the recommendations of said commission, now accepted and approved by this Council. DATED; February 15, 1966. ADOPTED by the Council at. an adjourned meeting held on February 15, 1966.