08-02-1994 Meeting''
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C17Y OF CLERMOIV7"
MINUTES
PLANNING AND ZONING COMMISSION MEETING
AUGUST 2, 1994
The meeting of the Planning & Zoning Commission was called to order Tuesday, August
2, 1994 at 7:00 P.M. by Acting Chairman Robert Smythe. Members present were James
Brown, Darryl Bishop, David Duncan and Marilyn George. Members John Sargent,
Joseph Wiebush, Wendell McDannel and Joseph Janusiak were absent. Also attending
were Lanny Harker Director of Planning and Mimi Shaw Planning Technician.
MII~IUTES of the meeting held July 5, 1994 were approved as presented.
Acting Chairman Smythe read a letter of resignation from Member David Duncan due to
relocation outside of the City lunits.
1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: South Lake Presbyterian Church
LOCATION: 131 Chestnut Street
REQUEST: A Conditional Use Permit to allow the operation of a Day Care Center
and expand the existing church facility.
Mr. Harker stated that this is a reapplication for a once previously requested Conditional
Use Permit (August 24, 1993). Although approval was granted by the City, signed
documentation necessary for securement of the proposed CUP was not provided and
reapplication is therefore required.
The applicant is requesting a CUP to expand the existing church office area by 2,100 s.f.
and operate apre-school facility in the existing, original Fellowship Hall.
The subject site is situated at the southwest corner of East Avenue and Chestnut Street
and encompasses the land area between Chestnut Street and Linden Street.
The property is presently zoned R-2 and R-3-A which as configured would allow
expansion of the church office and the Pre-school use.
Land use of the surrounding area includes institutional (Lutheran Church) to the north,
which has been approved for a similar Pre-school operation, and residential uses to the
south, east and west.
Mr. Harker noted that the Future Land Use District designation (ERD-2) and Future
Land Use Map category (residential) will not be adversely affected by the request for
either of the CUP actions.
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Therefore, based upon the information provided previously, Staff recommends approval
of the church office expansion and approval of the Pre-school facility. Approval for
either or both uses should include the following conditions:
1. The conditions as set forth in the 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. All applicable Hiles and regulations shall be met, including but not limited to final
site plan approval, landscaping, drainage, parking, sign regulations and all yard setbacks.
All required landscaping must be served with a low volume permanent irrigation system
including City approved and State mandated backflow prevention device and rain sensor
gauge. All landscaped areas must be properly maintained.
4. The site shall be provided with a masonry dumpster enclosure with wooden gates
which shall be indicated on the approved site plan.
5. The permittee shall provide a sidewalk constructed in accordance with City and
ADA standards along Chestnut Street, Linden Street and East Avenue, the length of the
subject property.
6. The permittee shall provide a five foot wide landscape buffer, in accordance with
City standards along the south and east property lines adjacent to the existing residential
uses.
7. All of the requirements of other regulatory agencies concerning day care or pre-
school facilities must be met. All required improvements must be completed prior to
issuance of a certificate of occupancy. for the requested use.
8. This permit shall become null and void if substantial construction work for the
church offices has not begun within one (1) year of the date of grant of this Conditional
Use Permit. "Substantial Construction Work" means the commencement and continuous
prosecution of construction of required improvements ultimately finalized at completion.
9. The permit for the pre-school/day care facility shall become null and void if the
proposed use has not formally begun within one (1) year from the date of grant by the
City Council.
10. The final Certificate of Occupancy and Occupational License shall not be issued
until each of the stated conditions has been met.
11. No further expansion of the use or additions to the facility shall be permitted
except as approved by another Conditional Use Permit.
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12. 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 Mr. Smythe asked all those present who wished to speak in regard to this
case be sworn in.
Persons sworn in were Rick McCoy, representative of the applicant, of 10670 Lake Hill
Drive, Clermont, Florida.
Mr. McCoy reiterated that this request was the same as before and the Church does
hope to proceed with the project.
Members Marilyn George and Darryl Bishop noted that they are members of the Church
for the record.
A motion was made by Marilyn George to recommend approval to the City Council as
presented by staff, seconded by James Brown, approved by a unanimous vote.
2. REQUEST FOR A CONDITIONAL USE PERNII'f
APPLICANT: Kurt Damron
LOCATION: 1295 West Highway 50
REQUEST: A request for a Conditional Use Permit to amend Resolution No. 792 to
extend the expiration date, which would allow the existing specialty
automobile parts sales business and ancillary light manufacturing business
to continue to operate, located in the C-2 General Commercial Business
District.
Mr. Harker stated that the applicant is requesting an extension of tune for a previously
approved Conditional Use Permit to .allow temporary, limited manufacturing in
conjunction with a retail specialty car parts sales and parts distnbution business in the
former Restor Industries building located adjacent to Emerald Lakes Plaza.
The applicant presently operates his business at this site and desires to extend the time
limit for utilization of the site until a new facility can be constructed on his property in
the Clermont Industrial Park located on Mohawk Road.
The proposed request is in conformance with designations of the adopted Future Land
Use Map (commercial), Future Land Use District Designation (NED-1 Non-Established
District), and Zoning District classification (C-2 Highway Commercial) for the proposed
use. The C-2 zoning district allows manufacturing in a C-2 commercial district with a
CUP, provided, such manufacturing employs not more than five (5) persons and is
incidental, complementary to and in conjunction with a retail business or service.
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Mr. Harker further stated that based upon conformance with local regulations as
provided above and historic precedence of light manufacturing occurring within the
proposed facility, Staff recommends approval of the CUP with the following conditions:
1. Approval of the proposed use shall be conditioned upon compliance with all
previous conditions specified in Resolutions 792.
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 manufacturing operation shall be permitted for a period of eighteen (18)
months from the date of 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 Mr. Smythe asked all those present who wished to speak in regard to this
case be sworn in.
Persons sworn in were Rick McCoy, representative of the applicant, of 10670 Lake Hill
Drive, Clermont, Florida.
Mr. McCoy noted that the applicant is still working on relocating the facility to the
Mohawk Road site, they have run in to some problems, but do hope to proceed with this
project.
A motion was made by James Brown to recommend approval to the City Council as
presented by staff, seconded by David Duncan, approved by a unanimous vote.
There being no further business the meeting was adjourned.
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.John N. argent, Chai
ATTEST:
Mimi Shaw, Planning