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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. • CITY OF CI.F.RMONT MINUTES PLANNING AND ZONING COMMISSION FEBRUARY 4, 1997 Page - 2 - 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. • • CITY OF CI.ERMONT MINUTES PLANNING AND ZONING COMMISSION FEBRUARY 4, 1997 Page - 3 - 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 • 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. • CITY OF CLF.RMONT MINUTES PLANNING AND ZONING COMMISSION FEBRUARY 4, 1997 Page - 5 - 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. ~ ~ 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: ~~ Mi Shaw Ogden, Planning Technician