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09-02-2003 Regular Meeting• • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 2, 2003 The meeting of the Planning & Zoning Commission was called to order Tuesday, September 2, 2003, at 7:00 p.m. by Acting Chairman David Pape. Members present were Maggie Miller, Sy Holzman, Jim Douglas, David Lange and Ronaldo Camargo. Richard Tegen, John Atwater and John Carlson were absent. Also in attendance were Barry Brown, Director of Planning, Robert Guthrie, City Attorney and Jane McAllister, Planning Technician II. MINUTES of the Planning and Zoning Commission meeting held August 5, 2003 were approved as amended. 1. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Immanuel Temple Church, Pastor Daryl Forehand OWNER: Immanuel Temple Church, Pastor Daryl Forehand • REQUEST: For a Conditional Use Permit to allow for the operation or a church in the R- 3 Residential/Professional zoning district. LOCATION: 792 East Montrose St. EXISTING LAND USE: Two uninhabited buildings. FUTURE LAND USE DISTRICT: Undeveloped District 3 (UD-3). FUTURE LAND USE CLASSIFICATION: Residential. EXISTING ZONING: R-3, Residential/Professional Planning Director Barry Brown introduced this request by saying that the applicant Intends to renovate and convert a vacant building into a church. This request has been approved twice before by the City, first in November of 1998 and then again in February of 2000. Both times the CUP expired due to a failure to start construction. The property encompassed by the proposed church use is comprised of three lots and a portion of a fourth. One of the lots is not owned by the Church. Lot #1 is owned by Amy Odum who is deceased. When the original CUP was approved, the City accepted a signature by Mattie Odum Jones as authorization to use the property for a church. While the signature alone may have sufficed in the past, prior to approving this CUP, a notarized and witnessed document authorizing use of Lot #1 shall be submitted to the City. This document must be executed by a legal representative of the former owner's estate. • • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 2, 2003 Page-2- Mr. Brown said that Staff is concerned that the parking provided may not be adequate in the future. At the time of the original application, a letter was provided from the property owner to the west authorizing the use of his property for overflow parking. The applicant is requesting grass parking for a portion of the required parking. Staff's direction to the engineer was to provide as much paved parking as stormwater retention capacity would allow. Staff recommends that the driveway and six spaces be paved and the remainder of the spaces be grassed. Staff recommends approval of the request for a CUP to allow the operation of a church if proper authorization to use Lot #1 can be obtained and if a current letter from the adjoining property owner to the west can be obtained that authorized that property for overflow parking. Mr. Brown also mentioned that the applicant will need a variance to allow for landscape buffers that are smaller than what is allowed by code along rights-of-way and adjoining properties. Mr. Brown wished to highlight Section 2, Condition # 2 which reads as follows: The vacant building on Lot #3 shall be demolished and removed from the site within 2 months of the approval of this CUP. David Pape asked if the applicant was present and would like to make a presentation. Robert Hallie, 13118 Plum Lake, Minneola, FL was sworn in and said that he was here to represent Rev. Forehand. He stated that the Church would like to burn down the second building on the property and have been in contact with the Clermont Fire Department. They were told before a burning could be considered there would have to be an asbestos test done. Mr. Hallie said the main building would be renovated. He also said that the existing church which is down the street from this new church would be used for overflow parking. Robert Kennedy, 850 E. Montrose Street, Clermont, FL was sworn in and stated firmly that the church would absolutely not be allowed to use his property for parking. Sy Holzman asked if it was possible to make it a condition of the CUP that the owners of the property that the church intends to use but does not own, shall submit a notarized and witnessed document authorizing the use of their respective properties. • Barry Brown said that there could be such a condition included in the CUP. • • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 2, 2003 Page-3- Sv Holzman made a motion to include in Section 2. Land Use #3 "The owner of the LroAerty on Lot #7 that the church intends to use, but does not own, shall provide to the City a notarized and witnessed document authorizing such use."Jim Douglas seconded the motion. The vote was unanimous in favor of adding the condition. Sv Holzman , made a motion_to include in Section 3 Transportation #2 "The owner of the property to the west of the church which the church intends to use for parking shall provide to the City a notarized and witnessed document authorizing such use."Jim Douglas seconded the motion. The vote was unanimous in favor of adding this condition. Ronaldo Camargo asked what would happen if the owner of Lot #1 decided to sell the lot. City Attorney Robert Guthrie said it would have to be recorded that Lot #1 will have to be given in perpetuity for this use. • Jim Douglas asked if the building would be used for daycare. Robert Hallie stated that there was discussion about using the downstairs for other functions, but that daycare was not one of those considered. He said that if they decided to have some kind of daycare in the future, that it would be in the old church building down the street from this building. Sy Holzman made a motion to approve the request as amended Jim Douglas seconded the motion. The vote was unanimous for approval of the request. 2. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Roberto Rodriguez OWNERS: Ernesto Gonzalez -South Lake Animal Clinic REQUEST: For a Conditional Use Permit to expand an existing veterinary clinic. LOCATION: 1067 W. Highway 50 SIZE OF PARCEL:.1/2 +/- acre. • EXISTING LAND USE: Existing veterinary clinic. FUTURE LAND USE DISTRICT: Non-Established District 1 (NED-1) • • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 2, 2003 Page -~- FUTURE LAND USE CLASSIFICATION: Commercial EXISTING ZONING: C-2, General Commercial Director of Planning Barry Brown introduced this request by saying that the applicant is requesting a CUP to expand and existing veterinary clinic in the C-2 zoning district. The expansion will consist of a 1348 square foot addition that will be connected to the existing building. Parking will be reconfigured and enlarged to accommodate the additional square footage. In addition, Mr. Brown said that the applicant may need a variance for the landscape buffer along Highway 50. David Pape asked if the applicant was present and would like to address the Commission. • Kimberly Brown, 108 N. Wymore Road, Winter Park, FL 32789 was sworn in and said that what they were proposing will definitely be an improvement to the property. Dr. Robert Rodriguez, 1067 W. Highway 50, Clermont, FL was sworn in and said that competition has forced them to improve the property. Maggie Miller made a motion to approve the request. Ronaldo Camargo seconded the motion. The vote was unanimous in favor of approval. 3. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Dolly Lord OWNER: James Meadows REQUEST: A request for a Conditional Use Permit in the C-2 General Commercial to allow for a permanent makeup service. LOCATION: 303 B East Highway 50. EXISTING LAND USE: Existing strip mall. • FUTURE LAND USE DISTRICT: Established Business District -2 (EBD-2) EXISTING ZONING: C-2, General Commercial. • • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION September 2, 2003 Page -5- Barry Brown introduced this request by stating that the applicant is requesting a CUP for a permanent make-up facility to be added to an existing beauty salon. The existing business (Naturally Yours) is located in Sunny Side Plaza on Highway 50. The business occupies approximately 650 square feet of the north plaza, where there is a mixture of commercial uses. There is an existing barber shop that shares the north side of the building. Barry Brown called attention to Section #2, Item #2 which states "The permanent make- up shall refer to the cosmetic enhancements to facial features only (eye liner, eyebrows, eye shadow, and lip liner and lip color). Any other forms of permanent make-up (body- art) shall not be permitted. David Pape asked if there was any present who wished to address this request. There was not. David Lange made a motion to approve the request. Jim Douglas seconded the motion The vote was unanimous in favor of approval. • 4. REQUEST FOR A CONDITIONAL USE PERMIT APPLICANT: Rusty Fox Restaurant and Lounge. OWNER: Chrystal McCall. LOCATION: 649 12th Street. Sv Holzman made a motion to postpone this request until October 7 2003 David Lange seconded the motion. The vote was unanimous to postpone until October 7 2003 There being no further business the meeting was adjourned. ' hard Te n, airman ATTEST: • /~ ~ ~, . ~-~~- J ne C. McAlli er -Planning Technician II