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05-05-2009 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION May 5, 2009 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday May 5, 2009 at 7:03 p.m. by Chairman David Pape. Other members present were Nick Jones, Bill Gray, Raymond Loyko, Judy Proli, and Cuqui Whitehead. Also in attendance were Jim Hitt, Planning Director, Curt Henschel, City Planner, Barbara Hollerand, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held April 7, 2009 were approved as written. REPORTS Commissioner Whitehead stated that planning for the 125' Celebration is moving along quite well. 1. REQUEST FOR A SMALL SCALE COMP PLAN AMENDMENT Ord. No. 616-M Small Scale Comp Plan Amendment OWNERS: John C. Wetzel and Vickie Wetzel APPLICANT: John C. Wetzel REQUEST: Small Scale Comprehensive Plan Amendment to change from NED-3 Residential/Professional to NED-3 Commercial. EXISTING LAND USE: Office City Planner Barbara Hollerand stated that these first two items are related requests for a property on the southeast corner of S.R. 50 and East Avenue. Ms. Hollerand stated that the approximately quarter-acre property is at 101 E. Highway 50. She stated that the owners are John and Vickie Wetzel, and John Wetzel is the applicant. She stated that the requests are for asmall-scale comprehensive plan amendment to change the property from Residential/Professional future land use to Commercial in Non-Established District 3 (NED-3). She stated that the related rezoning request is to change from R-3 Residential/Professional to C-1 Light Commercial. Ms. Hollerand stated that the approximately 1,300-square-foot building was built in 2003 as a pool contractor's office. She stated that the applicant is applying for the future land use and zoning changes to convert the building to retail use. She stated that the rezoning request to C-1 is contingent upon the approval of the future land use change to commercial. Ms. Hollerand stated that currently there is Established Residential District 2 (ERD-2) Public Facilities/ Institutional to the north and a vacant parcel with NED-3 Commercial to the west. She stated that to the south, along East Avenue, is another office building in NED-3 Residential/ Professional and to the southeast there are multifamily units along Lake Sunnyside in ERD-2 Residential. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 5, 2009 Page 2 Ms. Hollerand stated that in the last 11 years, the City Council has approved four similar requests from Residential/Professional to Commercial in the NED-3 district along S.R. 50. She stated that in 1998, the Cabbage Patch property on the corner of Fifth Street and S.R. 50 was granted the change. She stated that a property on the corner of S.R. 50 and Fourth Street was approved in 2001. She stated that in August 2007, the Jones property on the corner of S.R. 50 and Lake Avenue was approved. She stated that Clermont Florist was granted a change in October from NED-3 Residential/Professional to NED-3 Commercial for its new retail store on the corner of S.R. 50 and Fifth Street. Ms. Hollerand stated that the subject property is adjacent to a nearly mile-long segment of C-1 zoning that runs along the south side of S.R. 50 from East Avenue to West Avenue. She stated that there is R-2 Residential zoning to the north and east of the property and R-2 and R-3 to the south. Ms. Hollerand stated that expansion of light commercial use at this location is appropriate. Ms. Hollerand stated that staff recommends approval of the Future Land Use Map change. John Wetzel, 17648 C.R. 455, Monteverde, introduced himself. Commissioner Whitehead moved to approve the request for the Small Scale Comp Plan Amendment, seconded by Commissioner Proli. The vote was unanimous to recommend for approval to City Council. 2. REQUEST FOR REZONING Ord. No. 617-M Rezoning OWNERS: John C. Wetzel and Vickie Wetzel APPLICANT: John C. Wetzel REQUEST: Rezone 0.23 acres from R-3 Residential/Professional to C1, located at 101 E. Highway 50, southeast corner of East Avenue and S.R. 50 EXISTING LAND USE: Office City Planner Barbara Hollerand stated that this rezoning request is being heard in conjunction with an application for asmall-scale comprehensive plan amendment. She stated that the rezoning request to C-1 Commercial is contingent upon the approval of the future land use change to Non-Established District 3 (NED-3) Commercial. Ms. Hollerand stated that the property, on the southeast corner of East Avenue and S.R. 50, is currently used as an office. She stated that the 1,277-square-foot building was built in 2003. She stated that the applicant is applying for the future land use and zoning changes to convert the building to retail use. Ms. Hollerand stated that the subject property is adjacent to a nearly mile-long segment of C-1 zoning that runs along the south side of S.R. 50 from East Avenue to West Avenue. Currently, there is R-2 Residential zoning to the north and east of the property and R-2 and R-3 to the south. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 5, 2009 Page 3 Ms. Hollerand stated that expansion of light commercial use at this location is appropriate. Ms. Hollerand stated that staff recommends approval of the request for rezoning. Commissioner Whitehead moved to approve the request for the Rezoning, seconded by Commissioner Proli. The vote was unanimous to recommend for approval to City Council. 3. REQUEST FOR A CONDITIONAL USE PERMIT PROJECT NAME: Sports on Tap Bar and Grill OWNER: Sunset Colony Properties Inc. APPLICANT: Dave Thomas REQUESTED ACTION: Request a Conditional Use Permit to allow agar/ Pub within the Central Business Zoning District. LOCATION: 528 8`h Street EXISTING ZONING: CBD (Central Business District) EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Central Business District - (CBD) FUTURE LAND USE CLASSIFICATION: Central Business District - (CBD) City Planner Curt Henschel stated that the applicant is requesting a conditional use permit for a bar & pub to be located at 528 8~' Street. He stated that the existing restaurant is changing management and would like to change their alcohol license with the state to allow for more than 51 % of the sales to be alcohol related. He stated that the new management does not intend to close the restaurant, and it will remain open for lunch and dinner. Mr. Henschel stated that there are two major concerns that staff has at this time: ~ Parking - He stated that staff is concerned about the cross-access parking agreement. He stated that the applicant is showing an additional 17 spaces located on the adjacent business property. Mr. Henschel stated that the current CUP (Res. No. 899) has been used to continue the current restaurant use. He stated that Item # 9requires across-parking agreement that is no longer valid because the agreement has not been produced and the funeral home owner hasn't allowed such cross-access parking. Mr. Henschel stated that unless the applicant obtains a valid cross-access parking agreement for the current CUP or the new CUP, a variance for those missing parking spaces would have to be applied for and approved by the City to continue operations. ~ Alcoholic Beverage License - Mr. Henschel stated that the applicant's current alcoholic beverage license is a 4COP-SRX which the state monitors and requires at least 51% food sales, thus ensuring a City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 5, 2009 Page 4 restaurant use. He stated that this type of license helps to enforce the restaurant use, and the City does not have to monitor it. Mr. Henschel stated that the applicant has requested switching to a 4COP-Quota which only provides for 10% food sales. He stated that this type of license is more reflective of a bar or lounge, although the owner has proposed additional conditions to be applied to the Conditional Use Permit. He stated that the conditions listed below are not in the resolution at this time. The applicant would like to offer the following as conditions for their proposed amendment to the CUP: 1. The establishment will maintain a full kitchen which includes a hood system with fire suppression, oven, char broiler, fryers, freezers, refrigerators, food preparation equipment for a full menu as approved by BPR -Division of Hotels and Restaurants and the Division of Alcoholic Beverage and Tobacco for the State of Florida. 2. The establishment primarily supplies patrons with individual menus from which food and beverage items are ordered while seated at a table or counter, upon which these items are served and consumed. 3. Any separate bar or lounge area shall not occupy more than 25 percent of the floor area of the entire establishment exclusive of the kitchen, restrooms, storage and utility areas. 4. Any take-out service is entirely incidental to the primary sit down use. 5. Fixed or permanent seating arrangements for at least 200 patrons are available. No less than 36 inches of separation between tables. Outdoor seating to be permitted as approved by City code and permit. 6. Alcoholic beverages are sold or dispensed only for consumption on the premises in accordance with the use of a 4COP- QUOTA series alcoholic beverage full liquor license issued in the County of Lake located in the State of Florida. Package sale of liquor will not be permitted. 7. Alcoholic beverages are not sold or dispensed unless prepared food is available to patrons during all hours of operation. 8. Smoking shall NOT be permitted within the establishment. The establishment shall conform to the Florida Clean Air Act and operate as outlined by the DBPR Division of Hotels & Restaurants in doing so comply with the required state DBPR audits. 9. The establishment will maintain a State of Florida Restaurant license at all times and shall NOT FILE or obtain a STAND ALONE BAR status with the Division of Alcoholic Beverage and Tobacco. 10. Dance floor and live entertainment is permitted, unless not approved by City code or permit. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 5, 2009 Page 5 11. Exterior of building, signage, landscaping, irrigation systems and parking areas shall be maintained as provided by City code at all times. 12. The establishment will maintain the requirements as outlined in the prior CUP No. 899 as approved by the Planning and Zoning Commission of the City of Clermont, Lake County, Florida on February 6, 1996 in addition to those given above in items 1 thru 11. Mr. Henschel stated that if the new CUP is granted for the change in use with a new alcoholic beverage license, the conditions provided above may be used, in addition to any other conditions. He stated that the basic CUP conditions are listed below. He stated that staff is still very concerned about the parking accommodations. He stated that without a valid cross-access parking agreement for additional parking, staff recommends denial of this Conditional Use Permit request to operate a Bar & Pub located at 528 8th Street. Chris Roper, Akerman Senterfitt P.A., stated that due to declining food sales, the applicant is required to obtain a new beverage license from the state of Florida or face the prospect of going out of business. He stated that the new license will allow the restaurant to sell more alcohol than food as a percentage of gross sales. He stated they are not here to request approval of a stand-alone bar using the State of Florida's definition of a bar. He stated that under the State's definition that is contained in the Florida Statutes, a bar is an establishment where more than 90% of sales are derived from alcohol and smoking is permitted. He stated they are seeking approval of the City's definition of a bar. According to City staff, a bar in Clermont is one where alcohol accounts for more than 1/2 of gross sales. He stated there has been a change in the State's beverage laws. It used to be that the amount of alcohol sold by a restaurant was monitored on an annual basis. He stated that monthly spikes in alcohol sales were okay so long as the restaurant sold more food than alcohol on an annual basis. He stated that the State has shrunk the monitoring period to every two months which makes it increasingly difficult for a restaurant to remain in compliance with the standard beverage license, which is the type that Sports on Tap holds now. He stated that for the month of March the alcohol sales are higher due to March Madness, college basketball tournaments and Saint Patrick's Day all in the same month. He stated that restaurant owners are feeling pressure from the bad economy which is causing a decline in food sales but an increase in alcohol sales. He stated a few restaurants have already failed in Clermont. He stated that there will be no change in the operation, no additions to the building, no new development. He stated there will be little to no impact on the adjacent properties. He stated that it is more likely the new CUP will have a positive impact to adjacent properties because it will prevent another building from being vacated. He stated that he believes the parking issues will be solved. He stated that he has some recommendations for changes for the CUP. Todd Harding, 528 8th St., stated that he recently took over as the general manager of Sports on Tap. He stated that he used to visit the location back when it was known as Benchwarmers. He stated that there is aturn-around from its previous the bad reputation. He stated that they are restaurant oriented. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 5, 2009 Page 6 Jayson Stringfellow, 1455 W. Lakeshore Dr., stated that he is the owner of the property and has been through a lot of tenants. He stated that he never wanted a bar at any of his locations. He stated that when they approached him about the change of status in the beverage license he was not agreeable to it. He stated that these operators bought the business from the previous operators who were just a nightmare to him, but the new operators have turned the place around. He stated that they are trying to be proactive so that they don't get in trouble with the state. He stated they are not trying to change the business model. He stated that he supports it as a property owner. He stated that he spoke to the police department and there have been fewer calls to the business since the new owners have taken over. He stated that there are a lot of businesses in the downtown area that are just barely hanging on and we need to support them. Board member Loyko stated that his concern is that bars have a notorious rap that they need to overcome and control. He stated that his only concern was the parking issue, but it sounds like it has been addressed. Board member Jones asked for elaboration on staff's reasoning for denial. Planning Director Jim Hitt stated that due to Council's view of having bars in the downtown area, staff has recommended denial. He stated that the applicant's proposal is to maintain the restaurant status, but the only way the City can guarantee it is by the type of beverage license the applicant holds. Board member Gray stated that every business deserves a right to do what is needed to stay in business and that includes allowing them to hold the beverage license they are applying for. He would be in favor of recommending approval especially knowing that if they don't conform to the CUP the City can step in and do something about it. Board member Jones asked if the Council would consider putting a condition on the CUP for this to be brought back to the Council in a year for renewal of the CUP. City Attorney Mantzaris stated that condition can be placed in the CUP, however it will put the property owner or business owner in a difficult situation to make investments. He stated that staff can put a condition in the CUP that if the property becomes a nuisance then it can be brought back before Council. Mr. Roper stated that this owner would like to be treated as any other business in the downtown area where if they don't comply to the conditions then they will be brought back before Council rather than having to come back for renewal in a year. He stated that The Vue Night Club was approved a little over a year or two ago and they had a similar condition, except that if they received three complaints in a span of one year then that would be cause to bring it back before Council. He stated that could be more tolerable to the owner than a standard one year and you're up. Board member Proli asked why the restaurant was not successful. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 5, 2009 Page 7 Mr. Roper stated that because of the economy, food sales are down and alcohol sales are up by percentage. He stated that under the current beverage license at least 51 % of gross sales have to be food, and right now they are looking at more than 50% of alcohol. He stated this is a sports bar so people stay after eating to watch the games and they end up selling more alcohol. He stated that the owner has agreed in the CUP that the bar space will be no more than 25% of floor space for the restaurant. He stated that lunch and dinner will be served as they have since 1996. He stated that food service will be available at all times that alcohol is served. Board member Whitehead stated that, as a long time resident, one of the things the City has not liked is bars or pubs. She feels if you call it a bar then it's a bar. She stated that if they allow the restaurant to obtain the new beverage license then that opens it up so they can later become a bar. Mr. Roper stated that the CUP and the additional conditions the owner has offered will be compatible with the neighboring businesses in the downtown district. Board member Jones asked if the only reason why the applicant has come before the City is because the state has changed the rules for the beverage license. Mr. Roper stated that it is based on the City's ultra-conservative definition of a bar. He stated they do not qualify for a bar under the State's definition; this is the City's own definition. But also due to the change of the regulations of the beverage license, but over the course of 365 days, the alcohol sales percentage probably would not be as much as in a two-month period. Commissioner Whitehead moved to deny the request for the Conditional Use Permit, seconded by Commissioner Proli. The vote failed 2-4 to recommend denial to City Council, with Chairman Pape and Board members Loyko, Jones, and Gray opposing. Commissioner Jones moved to approve the request for the Conditional Use Permit with one year renewal or 3 complaints clause added to conditions, seconded by Commissioner Loyko. The vote was 4- 2 to recommend for approval with conditions to City Council with Board members Proli and Whitehead opposing. 4. REQUEST FOR A SMALL SCALE COMP PLAN AMENDMENT OWNER: South English Congregation of Clermont PROJECT NAME: Kingdom Hall APPLICANT: Denham Summitt Engineering, LLC; Brian Denham, P.E. REQUESTED ACTION: Request for a CUP to allow a church facility in the UE Urban Estate Zoning District. LOCATION: Southeast corner of Sunburst Lane and CW Harrell Road EXISTING ZONING: County Agriculture SIZE OF PARCEL: 5 +/- acre City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 5, 2009 Page 8 EXISTING LAND USE: Vacant Land FUTURE LAND USE DISTRICT: Undeveloped District 7 (UD-7) FUTURE LAND USE CLASSIFICATION: Public Facilities/Institutional City Planner Barbara Hollerand stated these last two items are for the proposed Kingdom Hall - Clermont development. She stated that she will go over the small-scale comprehensive plan amendment request, and Curt will go over the Conditional Use Permit. She stated that later this month, the City Council will also hear related requests for the annexation of this property and a variance request. Ms. Hollerand stated that the vacant, five-acre property is on the southeast corner of Sunburst Lane and C.W. Harrell Road. She stated that South English Congregation of Clermont is the owner and Brian Denham of Denham Summitt Engineering is the applicant. She stated that the request is to change the Future Land Use from Lake County Rural to Undeveloped District 7 (UD-7) Public Facilities/ Institutional. Ms. Hollerand stated that the property owner applied for annexation into the City last August. She stated that the Council denied the request at that time, voting 3-2 against annexation. She stated that the 2008 request was not accompanied by a request for a conditional use permit, which is required for approval of a church use. Ms. Hollerand stated that the property is contiguous to the City on its west side, which borders the Magnolia Park subdivision. She stated that the properties to the north, south and east are in Lake County, with rural future land use and agriculture and R-1 zoning. She stated that the subject property also currently has agriculture zoning in the county. Ms. Hollerand stated that since August, the owner has been working with engineers to develop a site plan and complete the requirements of the conditional use permit application. Ms. Hollerand stated that the applicant is proposing to construct an approximately 4,600-square-foot church on the property, which represents a reduction in size from the development proposed in 2008. She stated that upon annexation, the property will be assigned Urban Estate zoning, which is sufficient for a church use. She stated that an institutional use such as a church is appropriate at this location. Ms. Hollerand stated that in March, the applicant applied for an exemption from a full traffic study. She stated that the City, in working with the Lake-Sumter Metropolitan Planning Organization, concurred with the findings in the trip generation study that the development does qualify for the exemption based on a project trip generation of less than 25 peak hour trips. She stated that staff recommends approval of the Future Land Use Map change. Brian Denham, 2670 Eagle Lake Dr., stated that the project is 4600 square feet building on a 5-acre tract. He stated they are asking for annexation, rezoning and land use change so they can incorporate into the City of Clermont. He stated that the church is less intense compared to what it would be if it was City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 5, 2009 Page 9 annexed to the City and developed as a subdivision. He stated the traffic will be less intense in the afternoon rush hour than you would have in a subdivision. He stated they want to not be asked to pave Sunburst Lane or CW Harrell beyond the access to the site. He stated it would help prevent some of the traffic from the subdivisions to the south from accessing Sunburst Lane. Louis Celenza, 11028 Shady Oaks, Orlando, stated that he they are happy with staff s recommendation. He stated that when they approached the City previously they had a double Kingdom Hall in mind. He stated that since then they have purchased another piece of property in Groveland so the demographics will be distributed between the two. He stated this is now a smaller scale for this location. He stated that whereever you go you will see that the Kingdom Halls are well maintained. He stated that they have changed their meeting times recently so they will be meeting twice a week rather than three times a week. Max Wright, 4445 Edgewater Dr., Orlando, stated that they currently have 60 projects going at this time all over central Florida. He stated that he is there to assure that they abide by the codes and that they want to cooperate with what is required. Douglas Faivre, 3417 Glossy Leaf Lane, stated that this issue has been going on since 2006. He stated that he was on the Board of Directors for the homeowner's association. He stated that Lake County Commissioners did not approve the rezoning. He stated that Sunburst Lane is the only road in and out of their community. He stated that nothing has changed since Lake County turned it down except that there is a lot more traffic. He stated that they are afraid this church will increase the traffic even more. He stated that he hopes that this Board follows Lake County and not approve this project. Mr. Denham stated that the traffic issues are during rush hour times. He stated that the traffic studies that are required by the City and MPO look at worst case scenarios. He stated that the added traffic will not be while everyone is trying to go to work. Mr. Hitt stated that during site review the applicant is required to look at the traffic in an area. He stated that in this case, they are required to do a preliminary study to show what types of trips are generated. He stated that the methodology was sent to the MPO who does the study for the City, and for the purpose of concurrency for traffic in this area, this project is considered minimal, meaning it does not generate enough traffic to pay into concurrency. He stated this does not mean it will not have traffic. Charles Harrell, 12017 CW Harrell Road, stated that he has been communicating with Lake County since 2006 and the only change he sees in the request is that they have scaled it down to meet the criteria to fit it in under the guidelines. He stated that when they do a traffic report, the project is the size of a house, and they will have approximately 150 people coming in. He stated that they have not mentioned for right now the use of this place fora 24-hour home service or a school. He stated that his fear is this can change into a larger church because the goal of the church is to expand. He stated that he feels this road will end up being a short cut for traffic coming from Orlando to Clermont. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 5, 2009 Page 10 Shahanaz Rahaman, 15632 Laguna Road, owns a 10-acre parcel that is about 600 yards from the site. He stated that his livelihood and access will be hampered by any additional traffic to CW Harrell Road. He stated that he understands that the road will not be paved. He stated he is one of four residents that live in that area who depends on CW Harrell Road for access. He stated he is one of the home owners who maintains that road. He stated that it is in bad shape and it will be difficult to keep traffic away from that road even though it will go into the property of the proposed church. He stated that he likes his privacy and worries about curiosity seekers. He stated that he is concerned about his quality of life diminishing a little bit. He stated he has nothing against the church, but does not thing this is a good location for the church. Oscar Barrig, 3461 Glossy Leaf Lane, said he moved from Miami about three years and wanted to move where it was quiet. He stated at least twice a week he gets visited by Jehovah Witnesses knocking on his door. He stated that he believes people should not be bothered every week. He stated he has told them he is not interested in their religion, but they still knock on his door. He stated that if the church is built in the neighborhood, he fears it will get worse. Gail Aiken, 3205 White Blossom Lane, stated that her house is in Magnolia Park and has been there since 2003. She stated that the traffic is already backed up from their subdivision, so bringing the church in will only make it worse. She stated that when the church came to work on the property, the first time they picked up trash, and the second time they filled CW Harrell Road with cars all the way down. She stated that there is a huge hill that you come down and there is speeding on Sunburst Lane and the middle school is right there. Caesar, 3207 Park Branch Avenue, stated that that they have a right to express their beliefs and he has not seen that much traffic in that area. Melissa Schultz, 12008 CW Harrell, stated that she is the property owner to the north of the site. She stated that they have lived there for 9 years and she never thought when she bought there that they would have to deal with these issues. She stated that she feels the church has every intention of expanding once they get approved. She stated that she is opposed to allowing the church to build at this site. She stated it is not the place for any church or daycare, etc. Mr. Denham stated that they will meet all criteria for parking and there are fire codes to restrict occupancy of a building. He stated that the annexation is required for the property not because the County didn't want it. He stated that the property is requesting water and sewer from the City and because they are adjacent to Clermont, in order to get water, they are required to annex. He stated that there will be no schools on this site. He stated that they are open on their site plan about expanding. They have the property, and yes, they do want to expand in the future. Boaxd member Whitehead stated that she grew up across the street from Jehovah's Witness church. She stated that the only time they had problems was when there was a massive gathering. She stated that for 29 years she lived across the street from the church and she never was bothered. She stated that if you City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 5, 2009 Page 11 do not want them knocking on your doors then you tell them to remove your name from their list, and they will leave you alone. Board member Proli stated that she too is from Miami and she moved here, to get peace and quiet too. She stated that Clermont is growing and it is disheartening but we all have to accept each other. She stated that she is concerned about the traffic as well. She stated that she is not against the church, but that particular location is not a good location for the church. Board member Gray asked staff about development on the west side of CW Harrell Road. Mr. Hitt stated that it is a common tract area or retention for the Magnolia Park subdivision. Board member Jones stated that he finds churches to be a spiritual cultural asset to the community. He stated that he has never seen a Jehovah's Witness church to be untidy. He stated he has had them come to his door, but they have always been well dressed, well spoken and courteous. He stated that we have to accept and live with our neighbors. Board member Loyko asked if CW Harrell dead ends. Mr. Hitt stated that it could go further south but dead ends, and there are no plans to expand the road at this time. He stated that the traffic study did not indicate that a traffic signal was needed due to the traffic impact of this particular project. He stated that any changes to the site including any other buildings or uses will have to come back before Council for an amendment to the Conditional Use Permit. He stated that if a building is proposed then a traffic study will have to be done. Commissioner Whitehead moved to approve the request for the Small Scale Comp Plan Amendment, seconded by Commissioner Gray. The vote was 4-2 to recommend for approval to City Council with Chairman Pape and Board member Proli opposing. 5. REQUEST FOR A CONDITIONAL USE PERMIT OWNER: South English Congregation of Clermont PROJECT NAME: Kingdom Hall APPLICANT: Denham Summitt Engineering, LLC; Brian Denham, P.E. REQUESTED ACTION: Request for a CUP to allow a church facility in the UE Urban Estate Zoning District. LOCATION: Southeast corner of Sunburst Lane and CW Harrell Road EXISTING ZONING: Lake County Agriculture SIZE OF PARCEL: 5 +/- acre EXISTING LAND USE: Vacant Land FUTURE LAND USE DISTRICT: Undeveloped District 7 (UD-7) FUTURE LAND USE CLASSIFICATION: Public Facilities/Institutional City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 5, 2009 Page 12 City Planner Curt Henschel stated that the applicant intends to establish a house of worship on a vacant 5 acre parcel. Mr. Henschel stated that the congregation is looking to build a 4,700-square-foot building which will hold 150 to 200 people. He stated that the church intends to have Sunday service, and intends to have weeknight services twice a week. Mr. Henschel stated that the Lake-Sumter MPO and City staff have completed the review of the methodology for the traffic study, and due to the size of the proposed use and traffic conditions in the area, the use has qualified for exemption to the Proportionate Fair Share condition for traffic concurrency. He stated that staff recommends approval of the request for a CUP to allow a church at the southeast corner of CW Harrell Road and Sunburst Lane. Commissioner Whitehead moved to approve the request for the Conditional Use Permit, seconded by Commissioner Loyko. The vote was 4-2 to recommend for approval to City Council with Chairman Pape and Board member Proli opposing. There being no further business, the meeting was adjourned at 8:37. C. A TEST: Rae Chidlow -Administrative Assistant