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03-07-1995 Regular Meetingu • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING MARCH 7, 1995 The meeting of the Planning & Zoning Commission was called to order Tuesday, March 7, 1995 at 7:00 P.M. by Vice-Chairman Joseph Wiebush. Members present were James Brown, Robert Smythe, Wendell McDannel, Marilyn George, Joseph Janusiak, Keith Mullins and Bill Rauch. Member Darryl Bishop was absent. Also attending were Lanny Harker, Director of Planning and Mimi Shaw, Planning Technician. MINUTES of the meeting held January 3, 1995 were approved as presented. Vice-Chairman Wiebush noted that the election of officers would be moved to the last item on the agenda. After a brief discussion it was determined that there was no representative present for Agenda item one (Rezoning request by Mercator Properties). Vice-Chairman Wiebush therefore moved to Agenda item two. 2. 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. 815 to extend the expiration date until March 22, 1997, which would allow the continuing operation of a church in the M-1 Industrial District. At this time Mr. Wiebush asked all those present who wished to speak in regard to this case be sworn in. Persons sworn in were Mr. James Tyner of 608 South Main Avenue, #19, Minneola, Florida. Mr. Harker explained that the applicant is requesting an extension of the existing Conditional Use Permit for a period of two (2) 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 granted a twelve (12) month CUP for initial establishment of the facility. Approval of the action included the understanding that 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. • u CITY OF CLF.RMONT MINUTES PLANNING AND ZONING COMMISSION MEETING MARCH 7, 1995 Page - 2 - Mr. Harker noted that Staff would recommend against any building conversion or modification that would increase the permanent nature of a church use, due to the existing location of the site in the City adopted and State approved commercial expansion area. However, since the proposed use is understood to be of a temporary nature and does not appear to have any direct adverse effect on the surrounding community, staff recommends approval sub}ect 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. 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. A motion was made by Robert Smythe to recommend approval to the City Council as presented by staff, seconded by Marilyn George and approved by a unanimous vote. Vice-Chairman Wiebush stated that, due to the lack of representation at the present time for agenda items 1 and 3, The Commission would proceed with the election of officers. Nominations for Chairman and Vice-Chairman Marilyn George nominated Robert Smythe for Chairman, seconded by James Brown. There being no other nominations the nominations were closed. Mr. Smythe was unanimously elected Chairman. Joseph Janusiak nominated Joseph Wiebush for Vice-Chairman, seconded by Bill Rauch. There being no other nominations, the nominations were closed. Mr. Wiebush was unanimously elected Vice-Chairman. Chairman Smythe presided over the remainder of the meeting and agenda items 1 and 3 were heard without representation. • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING MARCH 7, 1995 Page-3- 1. REQUEST FOR REZONING APPLICANT: Mercator Properties, Inc. OWNER: John P. Adams LEGAL DESCRIPTION: Tract 59, Lake Highlands Co., Sec. 17, Twnshp. 22, Rng. 26. GENERAL LOCATION: Property lying on the north side of Mohawk Road (CR 3-1546), approximately 1320 feet east of Grand Highway. REQUEST: A request for rezoning from UE (Urban Estate Residential District) to M-1 (Industrial District). Mr. Harker explained that the applicant is requesting rezoning of a ten (10) acre parcel located south of the former Kelly woodworking shop and north of the new Florida Power Facility on Mohawk Road. This parcel is presently in the County and zoned Agriculture, however, a request for annexation has been filed and an Ordinance introducing the request will be heard by the City Council on March 14, 1995 and a final hearing will be held on March 28, 1995. Mr. Harker further noted that the applicant has not submitted any formal development plans with this request, however, the property is proposed for use as an industrial/ professional office park. The proposed industrial/professional office park use of the site is compatible with adjacent existing City and County land uses. The proposed use is also compatible with and furthers Future Land Use objectives of the City of Clermont Comprehensive Plan which designates this area as a future industrial node. Therefore, staff recommends approval of this request for rezoning from UE (Urban Estate Residential District) to M-1 (Industrial District), as presented. A motion was made by Marilyn George to recommend approval to the City Council as presented by staff, seconded by Joseph Janusiak and approved by a unanimous vote. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Ken Norquist GENERAL LOCATION: Property generally located at the southwesterly intersection of West Avenue and closed Osceola Street, and parcel north of said closed Osceola Street, bounded on the north by Lake Minneola. • • CITY OF CLERMO/V?' MINUTES PLANNING AND ZONING COMMISSION MEETING MARCH 7, 1995 Page - 4 - REQUEST: A request for a Conditional Use Permit to amend Resolution No. 823 to add additional property to the legal description, to allow temporary parking on said additional property, to allow the operation of a restaurant and a professional office, and to relinquish the allowance of a temporary residence to be located in the C-1 Light Commercial District. Mr. Harker noted that the subject property is the existing railroad station located at the northwest corner of the intersection of West Avenue and Osceola Street. Historically the original Conditional Use Permit (Resolution #671) was granted to allow the conversion of the train depot into a restaurant. Resolution #716 amended Resolution #671 to include placement of a train caboose on the site which was permitted for use as a business office. Resolution #823 amended Resolution #716 to permit a portion of the depot for use as a temporary residential unit in coordination with the previously permitted restaurant. The present amendment requests inclusion of additional property for the subject Conditional Use Permit, requests provision for retaining the take-out restaurant and office facilities, and requests abandonment of the provision for the temporary single family residential use. Based upon the series of previously approved Conditional use Permits which granted uses consistent with this amendment request, staff recommends approval of the Conditional Use Permit with the following conditions: 1. Approval of the proposed uses shall be conditioned upon compliance with all previous conditions specified in Resolutions #671, #716 and #823, respectively. 2. The temporary parking area shall be permitted to be utilized until such time as the proposed rail trail is completed adjacent to the subject property. At such time as the rail trail is being completed through the subject property, the applicant shall remove the existing asphalt from the "temporary" parking area and construct permanent parking facilities as indicated on the preliminary site plan provided with the application for this Conditional Use Permit amendment. 3. The previously permitted use for a temporary residential unit (item #4 - Resolution #823) is null and void. After a brief discussion, a motion was made by Bill Rauch to recommend approval to the City Council as presented by Staff, seconded by Joseph Wiebush and approved by a unanimous vote. • CITY OF CLF.RMONT MINUTES PLANNING AND ZONING COMMISSION MEETING MARCH 7, 1995 Page - 5 - There being no further business the meeting was adjourned. obert Smythe, Chair an ATTEST: G Mi Shaw, Planning echnician