02-04-1997 Regular Meeting
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
FEBRUARY 4, 1997
The meeting of the Planning & Zoning Commission was called to order Tuesday,
February 4, 1997 at 7:00 P.M. by Chairman Robert Smythe. Members present were Keith
Mullins, James Brown, Darryl Bishop, Joseph Janusiak, Marilyn MacLauchlin and
Michael Floyd. Members Joseph Wiebush and Bill Rauch were absent. Also attending
were Lanny Harker, Director of Planning and Mimi Shaw Ogden, Planning Technician.
MINUTES of the Planning and Zoning Commission meeting held January 7, 1997 were
approved as presented.
ORGANIZATIONAL MEETING -ELECTION OF OFFICERS
Marilyn Maclauchlin nominated Robert Smythe for Chairman, seconded by Joseph
Janusiak. Joseph Janusiak nominated Joseph Wiebush for Vice-Chairman, seconded by
Keith Mullins. There being no other nominations the nominations were closed. Mr.
Smythe and Mr. Wiebush were unanimously elected Chairman and Vice-Chairman
respectively.
1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Alfred H. Earls
LOCATION: 898 West Montrose Street
REQUEST: A request for a Conditional Use Permit to allow the expansion of an existing
service station in the Central Business District (CBD)
Mr. Harker stated that the applicant has requested postponement of this application to a
date uncertain in order to address potential impacts and improvements pertinent to the
project. Staff is in agreement with this request.
2. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Clermont Bible Church
OWNER James B. Creighton
LOCATION: 664 West Montrose Street
REQUEST: A request for a Conditional Use Permit to allow the operation of a church in
the CBD Central Business District.
Mr. Harker explained that the applicant is requesting approval for establishment of a
Church in the former Nautilus Building. It is understood this is a temporary use and
location until the church achieves the ability to secure a permanent site and facility.
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CITY OF CI.F.RMONT
MINUTES
PLANNING AND ZONING COMMISSION
FEBRUARY 4, 1997
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The property is located approximately 150' east of the intersection of 7th and Montrose
Streets in the Central Business District. Surrounding land use includes residential to the
north, Jenkins Auditorium, residential, City property and professional office to the south,
professional office, commercial and the City library to the east, and commercial uses to
the west.
Mr. Harker further stated that surrounding zoning is CBD (Central Business District) to
the east, west and south, and R-3, Residential/Professional Office to the north. The
Future Land Use District Map indicates CBD (Central Business District) to the east,
west and south, and NED-2 (Non-Established District) to the north. Adequate parking
and other required development criteria for provision of the church at the requested
location are already established on the subject site.
Based upon consistency with adopted zoning district requirements, future land use district
designations and existing improvements on the site Staff recommends approval of the
temporary church facility with the following conditions:
1. The conditions as set forth in this Conditional Use Permit shall be legally binding
upon any heirs, assigns and/or successors in title or interest.
2. The property shall be developed in substantial accordance with an approved site
plan incorporating all conditions of this Conditional Use Permit. Said plans shall be
submitted for review and approval of the Site Review Committee prior to authorization
and issuance of a development permit.
3. The property may be used as a temporary Church facility only. No expansion of
the use or additions to this facility shall be permitted except as approved by another
Conditional Use Permit.
4. The structure is to be inspected by the Fire Marshall for life safety requirements,
all requirements must be met prior to any certificate of occupancy being issued.
5. The Conditional Use Permit for a temporary church facility shall be permitted for
a period of two (2) years from the date of formal grant by the City Council.
6. This permit shall become null and void if the church use has not began customary
function within one (1) year from the date of formal grant by the City Council.
7. The final Certificate of Occupancy shall not be issued until each of the stated
conditions has been met.
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CITY OF CI.ERMONT
MINUTES
PLANNING AND ZONING COMMISSION
FEBRUARY 4, 1997
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8. If any of the stated conditions are violated, the applicant understands and agrees
that the City Council may revoke this Conditional Use Permit by Resolution.
At this time Chairman Smythe asked all those present who wished to speak in regard to
this case be sworn in. Pastor Jon Bekemeyer of 1005 Autumn Leaf Drive, Winter
Garden, Florida was sworn in. '
Pastor Bekemeyer stated that he felt ail the recommended conditions were reasonable,
however, he asked that the Commission consider condition #5 to be changed to a three
(3) year period rather than the two years recommended by Staff. The reason for this
being that the church will be investing money into the building (i.e. carpeting, painting,
parking lot, etc.) The church is actively looking for property to build on, however, this
will take a considerable amount of time.
Planning Director Harker explained to the Commission that historically the City has
granted permission for temporary churches for a period of two (2) years. This allows the
Council the opportunity to review the status of the site and surrounding land uses.
Based on this and historic precedence Staff recommends approval of the CUP for a
period of two (2) years.
A motion was made by Marilyn MacLauchlin to recommend approval to the City Council
as presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote.
3. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Lake Christian Fellowship
OWNER: David Johnson
LOCATION: 1705 South Grand Highway
REQUEST: A request for a Conditional Use Permit to amend Resolution No. 8b1 to
extend the expiration date for a period of three (3) years, which would allow the
continuing operation of a church in the M-1 Industrial District.
Mr. Harker explained that the applicant is requesting an extension of the existing
Conditional Use Permit for a period of three (3) years. Historically, the building has
been used for various industrial uses and has previously been granted use as a temporary
church location (Open Door Baptist Church and Lake Christian Fellowship). The
present church was originally granted a twelve (12) month CUP for initial establishment
of the facility and than a subsequent approval for a two (2) year period. The previous
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CITY OF CL,ERMONT
MINUTES
PLANNING AND ZONING COMMISSION
FEBRUARY 4, 1997
Page-4-
approvals included the understanding the church use is of a "temporary nature" and will
vacate the premises consistent with terms specified in item #7 of the current Conditional
Use Permit.
Mr. Harker further stated that the City has historically granted temporary church uses for
a period not to exceed two (2) years. The rational and intent of the City has been to
assist new churches in their evolution to permanent development, and review of the
progress towards permanent status is the concept to limitation for a two (2) year time
frame approval.
Staff would also recommend against any building conversion or modification that would
increase the permanent nature of a church use at this site, due to its location in the
adopted SR 50 - US 27 commercial expansion area.
Staff recommends approval of the church use subject to the following conditions in
addition to the standard conditions:
1. Approval of the proposed use shall be conditioned upon compliance with all
previous conditions specified in Resolution No. 815 and 8b1, respectively.
2. The conditions as set forth in this Conditional Use Permit shall be legally binding
upon any heirs, assigns and/or successors in title or interest.
3. This Conditional Use Permit shall expire 24 months from the date of formal grant
by the City Council.
4. If any of the stated conditions are violated, the applicant understands and agrees
the City Council may revoke this Conditional Use Permit by resolution.
At this time Chairman Smythe asked all those present who wished to speak in regard to
this case be sworn in.
Persons sworn in were Pastor Jerry Gill of 550 Disston Avenue, Clermont, Florida and
Rozorio Poma.
Mr. Poma, adjacent property owner to the north, stated that they are planning to build a
restaurant on the site in the near future and want to ensure there will not be a conflict
between the restaurant use and the church use. Mr. Poma asked Mr. Harker to clarify
the ninety (90) day requirement.
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CITY OF CLF.RMONT
MINUTES
PLANNING AND ZONING COMMISSION
FEBRUARY 4, 1997
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Mr. Harker explained that the church would have to vacate the premises within ninety
(90) days after receiving formal notice from the City that a development permit (zoning
clearance) has been issued.
Member Marilyn MacI.auchlin asked if the church would have to leave.
Mr. Harker stated that was the agreement within the original CUP.
Member James Brown asked if this was because the church was a temporary facility.
Mr. Harker stated that was correct. If the church were a permanent use it would be
incumbent on the adjacent property owners to recognize the church use.
Pastor Gill explained that the church agreed with the ninety (90) day requirement if a
facility were to be built that would serve alcoholic beverages. Pastor Gill further
explained that in three years the church would anticipate having enough money to place
a down payment on a piece of property.
Further discussion followed regarding the City Ordinance pertaining to the selling of
alcoholic beverages.
A motion was made by Keith Mullins to recommend approval to the City Council as
presented by staff, seconded by James Brown, approved by a unanimous vote.
4, REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Don Markey
LEGAL DESCRIPTION: Lot 10 and south 36.5' of lot 11, Block 8, Sunnyside Unit
GENERAL LOCATION: 1013 East Avenue
REQUEST: To amend Resolution No. 787 to expand the existing professional office use,
located in the R-3-A Residential/Professional District.
Mr. Harker explained that the applicant is requesting an amendment to the existing
Conditional Use Permit to expand the existing insurance office within the building
presently utilized for the professional office use and delete the residential use as
previously approved. The insurance office would relocate to the former residential
portion of the structure (811 sq. ft.) and another professional office use would occupy
that part of the building previously occupied by the insurance office (438 sq.ft.).
CITY OF CIF.RMONT
MINUTES
PLANNING AND ZONING COMMISSION
FEBRUARY 4, 1997
Page-6-
Essentially, the entire building would become approved for professional office use. The
parking and other requirements for the proposed use can be accommodated on the site.
The subject site is located on the northeast corner of Highland Avenue and East Avenue.
Surrounding land use is residential to the north and east, commercial to the west, S.R. 50
and Sunnyside Subdivision to the south.
The property is situated in the ERD-8 Future Land Use District which allows
professional office uses. The amended Conditional Use Permit request is also consistent
with directives of the Future Land Use Map and Zoning District designation which
permit professional office uses.
Mr. Harker further stated that Staff recommends approval of amendment to the CUP for
professional office use with the following conditions:
1. Approval of the proposed use shall be conditioned upon compliance with all previous
conditions as specified in Resolution No. 787.
2. The conditions as set forth in this Conditional Use Permit shall be legally binding
upon any heirs, assigns and/or successors in title or interest.
3. The property shall be developed in substantial accordance with an approved site
plan incorporating all conditions of this Conditional Use Permit. Said plans shall be
submitted for review and approval of the Site Review Committee prior to authorization
and issuance of a development permit.
4. No further expansion of the use or additions to the facility shall be permitted
except as approved by another Conditional Use Permit.
5. If any of the stated conditions are violated, the applicant understands and agrees
that the City Council may revoke this Conditional Use Permit by Resolution.
A motion was made by Marilyn MacLauchlin to recommend approval to the City Council
as presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote.
5. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Safe-T-Storage, Inc.
LOCATION: Parcel generally located on the west side of U.S. Highway 27, approximately
200 feet south of the intersection of U.S. Highway 27 and Hook Street.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
FEBRUARY 4, 1997
Page - 7 -
REQUEST: A request for a Conditional Use Permit to allow the construction of min-
warehouses (containing approximately 4$,500 square feet) with on-site living quarters for
a caretaker, located in the C-2 General Commercial Business District.
Chairman Smythe stated that staff and the applicant have mutually requested
postponement of this agenda item.
There being no further business the meeting was adjourned.
Robert Smythe, Chairman
ATTEST:
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Mi Shaw Ogden, Planning Technician