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04-07-1987 Regular Meeting• • PLANNING AND ZONING COMMISSION APRIL 7, 1987 The regular scheduled meeting of the Planning and Zoning Commission was called to order on Tuesday April 7, 1987 at 7:30 p.m. by Chairman John Sargent. Members attending were Adelbert Evans, Debbie Gaines, Cecil Smart, Don Smith, Marilyn George, Ron Carden, and Curt DiCamillo. Gloria Johnson was absent. MINUTES of the meeting held March 3, 1987 were approved as presented. NEW BUSINESS Mr. Sargent introduced ITEM NO. 1: CONDITIONAL USE PERMIT REQUESTED BY MR. BUD MEADOWS OWNER OF SUNNYSIDE PLAZA Mr. Bud Meadows, the owner of Sunnyside Plaza Shopping Center, is requesting a Conditional Use Permit to allow a church to occupy a portion of the shopping center. The church of the Latter Day Saints plan to occupy a section of the shopping center just north of the Pic-of-the-Litter Pet Shop, where Clermont Gun and Tackle was formerly located. Mr. Sargent requested that the staff state their concerns and recommendations to this request. Mr. Perlick pointed out to the Commission one potential problem created by allowing a church in the shopping center is that the Capri Restaurant, the BIG C Liquor Store and the Ideal Service Station will become nonconforming,in regard to the five hundred (50C) foot requirement between church or school facilities, and any business selling alcoholic beverages. Mr. Perlick advised the Commission that if one of the existing businesses which presently sells alcholic beverages, were to go out of business, a new business, wishing to sell alcholic beverages, would have to move into that location within one (1) year or they ?could not be able to sell alcholic beverages. Mr. Meadows, owner of Sunnyside Shopping Center, was present and stated that he was aware of the situation but did not believe it would create a problem. Mr. Perlick informed the commission that the owner of the Ideal Service Station had contacted him concerning this matter, but after being reassured that he could continue to sell alcholic beverages, he had no objections to the request. Mr. Robert Allison, a property owner, corresponded that he had no objection to the request. • Mr. Perlick stated the staff did not have any objection to the requested Conditional Use permit and recommended that the request be granted with the following conditions: 1. The property must be developed in substantial accordance with an approved site plan. 2. If, at a future date, parking at this site proves inade- quate, the applicant understands and agrees that the City may require additional parking or rescind this CUP. 3. No further expansion of the use or additions to this facility shall be permitted except as approved by another Conditional Use Permit. 4. All applicable rules and regulations shall be met, including final site plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks. All required landscaping must be served with a permanent irrigation system and must be properly maintained. The drainage and stormwater retention requirements of the appropriate regulatory agencies must be met, and approved by the City Engineer. These areas must be properly maintained. 5. This portion of the shopping center may used for church use only. This Conditional Use Permit is not transferable to any other business use, person or corporation. 6. 7. 8. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. This permit shall expire if the church has not taken occupancy within one (1) year of the date of this Conditional Use Permit. If any of the stated conditions is violated, the applicant understands and agrees that the City Council may revoke this CUP by resolution. At this time Mr. Sargent closed the public portion of the hearing and turned the discussion of this request over to the Planning and Zoning Commission. Mr. Smith expressed his concerns, that in granting a Conditional Use Permit for a church in a shopping center, there could be possible restrictions, imposed on future businesses wishing to sell alcholic beverages. Mr. Smart also objected to the granting of a Conditional Use Permit to a church if it would jeopardize establishing a business in an already established business area. Mr. Smith asked if it would be legally binding ,for the Planning and Zoning Commission to specify in the Conditional Use Permit a condition stating that the church would waive their right to object to any businesses, wishing to sell alcholic beverages within 500 feet of their location. Mr. Perlick advised the commission that the restrictions of the Ordinance would have to be followed, but if a new business wanted to, they could apply for a variance to the 500 foot restriction. Mr. Perlick also mentioned that he had spoken with the City Attorney, Leonard Baird, and Mr. Baird had suggested the possibility of rewritting this Ordinance. Mr, Smith voiced his concerns for the future businesses and current. property owners which could be jeopardized because of the 500 foot restriction. After further discussion a motion was made by Mr. Evans to recommend to the City Council, that until the City Ordinance is changed to protect the property owners that this Conditional Use Permit be denied, and seconded by Mr. Smith. Motion was denied by a 4-4 vote. Mr. Perlick suggested the possibility of imposing a time limit on the request. After further discussion a motion was made by Mr. Smart to recommend to the City Council approval of this Conditional Use Permit for the time limit of one (1) year, and also recommend to the Council that the necessary steps be taken to protect the rights and interests of the present and future tenants of the shopping center and of property owners within the 500 feet limitation, seconded by Marilyn George and approved by a 5-3 vote. Members Cecil Smart, Curt DiCamillo, Marilyn George Debbie Gaines and John Sargent voting aye. Members Adelbert Evans, Ron Carden and Don Smith voting nay. Mr. Sargent introduced Item No. 2 CONDITIONAL USE PERMIT REQUESTED BY THE FIRST METHODIST CHURCH The First United Methodist Church, at 950 Seventh Street, is requesting a Conditional Use Permit to allow expansion of the playground and parking area. The new parking lot will provide grass parking for 183 vehicles. The existing parking lot at the southeast corner of Seventh and Broome Street will then be used for a playground in conjunction with the educational program of the church. The church is required to provide 118 parking spaces, and with the additional parking Iot, the parking requirement will be exceeded. At this time Mr. Sargent asked the staff to state their concerns and recommendations concerning this request. Mr. Perlick stated the staff did not have any objection to the requested Conditional Use permit and recommended the request be granted with the following conditions: 1. The property must be developed in substantial accordance with an approved site plan. 2. If, at a future date, parking at this site proves inade- quate, the applicant understands and agrees that the City may require additional parking or rescind this Conditional Use Permit. C~ 3. No further expansion of the use or additions to this facility shall be permitted except as approved by another Conditional Use Permit. 4. All applicable rules and regulations shall be met, including final site plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks. All required landscaping must be served with a permanent irrigation system and must be properly maintained. The drainage and stormwater retention requirements of the appropriate regulatory agencies must be met, and approved by the City Engineer. These areas must be properly maintained. 5. This property may be used for church related purposes only. No other use may be conducted from this facility. This Conditional Use Permit is not transferable to any other business use, person or corporation. 6. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 7. This permit shall expire if construction has not begun within one (1) year of the date of this Conditional Use Permit. 8, If any of the stated conditions are violated, the applicant understands and agrees the City Council may revoke this Conditional Use Permit. 9. Construct a sidewalk along the western right-of-way boundary of Seventh Street from Broome Street to Highway 50. 10. Project may be phased upon staff approval. 11. Wood fence or other type of opaque screening shall be placed along the south property line of the proposed playground. 12. Parking spaces to be delinated. 13. Grass parking will be permitted. 24. Pave all entrances and exits. 15. Traffic Design. of parking lot subject to City Engineer approval. At this time Mr. Sargent asked for any response from the audience. Mr. Bob Smythe was present as representative for the church. Mr. Robert Turley of 1035 Seventh Street, was present and stated he was in agreement with the staff's recommendation, for some type of screening along the playground, but questioned the height of the proposed fence. Mr. Turley was advised by Mr. Perlick that the maximum height allowable is a six (6) foot fence, but a higher fence could be requested by a variance. Mr. Sargent requested comments and recommendations for the Planning and Zoning Commission. • • After a brief discussion a motion wa made by Mr. Evans to recommend to the City Council approval of the Conditional Use Permit, with the conditions as requested by the city staff seconded by Ron Carden. At this time Mrs. Gaines requested that Condition No. 11 be amended to state a six (6) foot high fence. Mr. Evans and Mr. Carden were in agreement to the amendment. Mrs. George seconded the amendment, and the motion was approved by unanimous vote. At this time Mr. Evans expressed his concerns, in regards to the recommendations being submitted to the City Council. Mr. Evans urged that there be more analysis and thought in regard to the impact of a decision, especially in terms of how it affect present and future owners of property. Mr. Evans strongly supported Mr. Smith's position concerning Item No. 1 ors the agenda, and reiterated that particular attention be given to the rights of the property owners. Mrs. Gaines also suggest that the staff investigate the possibility of rewriting the Ordinance concerning businesses wishing to sell alcholic beverages, within 500 feet of a church. There being no further business a motion was made by Mr. Evans to adjourn. ~ r'"~. Joh N. Sargent, Chairman Attest: / J _ ) ~ Lit/ l J ne P. Warren, lanning and Zoning Technician