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08-04-2009 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION August 4, 2009 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday August 4, 2009 at 7:02 p.m. by Chairman David Pape. Other members present were Bill Banzhaf, Bernadette Dubuss, Nick Jones, Robert Boyatt, Bill Gray, Robert Loyko and Judy Proli. Also in attendance were Jim Hitt, Planning Director, Barbara Hollerand, City Planner, Curt Henschel, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held July 7, 2009 were approved as written. REPORTS There were no reports. 1. REQUEST FOR A CONDITIONAL USE PERMIT PROJECT NAME: New Testament Believers Fellowship APPLICANT: Lanny Evans OWNER: Bill Campbell Intercontinental Project Systems, Inc. REQUESTED ACTION: Request for a CUP to allow a church facility in the M-1 Industrial zoning district. LOCATION: 205 Hatteras Ave. EXISTING ZONING: M-1 (Industrial) EXISTING LAND USE: Retail Building (Approx. 9,400 s.£) FUTURE LAND USE DISTRICT: Unestablished District 5 - (UD-5) FUTURE LAND USE CLASSIFICATION: Industrial District City Planner Curt Henschel stated that the applicant is requesting a conditional use permit to operate a house of worship in the M-1 zoning district. Mr. Henschel stated that the applicant proposes to occupy approximately 3,000 square feet of building space available within Lot 13 in the Clermont Commons Industrial Center. He stated that the church intends to have 65 seats for Sunday service, and intends to operate Tuesday and Wednesday evenings. Mr. Henschel stated that with the existing businesses operating at normal business hours, and the church operating at typical non-business hours, staff believes there will not be any parking issues on or off site. Mr. Henschel stated that staff recommends approval of the request for a CUP to allow a church facility on this Industrial (M-1) zoned parcel. Lanny Evans, 16355 Florence Oak Court, stated he was present to represent New Testament Believers' Fellowship. City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 4, 2009 Page 2 Commissioner Proli asked if the applicant has spoken to the other tenants. Mr. Evans stated that the other tenant in the building is the owner of the building. He stated the owner was present at the meeting and did not have any problems with the application. Commissioner Dubuss moved to approve the request for the Conditional Use Permit, seconded by Commissioner Proli. The vote was unanimous to recommend for approval to City Council. 2. REQUEST FORA CONDITIONAL USE PERMIT PROJECT NAME: OWNER: APPLICANT: Heritage Hills Lennar Homes, Inc City of Clermont REQUESTED ACTION: Request an amendment to a Conditional Use Permit (Resolution #1609) to revise the reclaimed water line and storage facility language in the CUP. LOCATION: East of Somerset Subdivision and Hancock Rd., and North of Hartwood Marsh Rd. PARCEL SIZE: 442 acres +/- EXISTING ZONING: PUD (Planned Unit Development) EXISTING LAND USE: Single family and vacant FUTURE LAND USE DISTRICT: UD-7 (Undeveloped District 7) FUTURE LAND USE CLASSIFICATION: Residential Planning Director Jim Hitt stated that the City is requesting an amendment to the Conditional Use Permit (approved by Res. No. 1609, 3/24/09) to revise the language for the reclaimed water lines and the reclaimed water retention pond within the Heritage Hills residential subdivision. Mr. Hitt stated that this revised language supports the reuse system that the City needs to supply water for the subdivision and the surrounding area. He stated that the language is needed to allow for the construction, maintenance and ownership of the system within the subdivision. Mr. Hitt stated that because this amendment will enhance the reclaimed water use in Kings Ridge and the surrounding area, staff recommends approval of the CUP amendment. Mr. Hitt stated that this is to supplement the city's water system. Commissioner Gray asked what does the "enhance the reclaimed water use in Kings Ridge" mean under the staff recommendation. Mr. Hitt stated that it refers to the City being able to utilize pond water. City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 4, 2009 Page 3 Commissioner Dubuss asked where the lift station will go. Mr. Hitt stated that it will be near whatever pond they decide to modify. Commissioner Boyatt moved to approve the request for the Conditional Use Permit, seconded by Commissioner Proli. The vote was unanimous to recommend for approval to City Council. 3. REQUEST FOR EVALUATION AND APPRAISAL REPORT APPLICANT: Administrative REQUESTED ACTION: Request to adopt the Evaluation and Appraisal Report for the Comprehensive Plan City Planner Barbara Hollerand stated that Florida Statutes require that local governments adopt an Evaluation and Appraisal Report (EAR) every seven years to assess the effectiveness of their comprehensive plans. The City's EAR is due September 1. Ms. Hollerand stated that in preparation for the adoption of the EAR, the City began rewriting its comprehensive plan two years ago. She stated that this rewrite included updated data and analysis and new goals, objectives and policies that incorporated statutory requirements enacted since the last EAR was adopted in 2000. She stated that the City adopted the comprehensive plan on June 23. The Florida Department of Community Affairs (DCA) could find the amendment in compliance by August 17. Ms. Hollerand stated that while the comprehensive plan rewrite was underway, the City also began the steps for preparing the EAR. These included holding a community visioning meeting in April 2008 and a required scoping meeting in May 2008. She stated that from those two meetings, the City identified a key issue: Encouraging Economic Growth While Allowing for the Preservation of the City's Character and Natural Assets. She stated that goals, objectives and policies in the rewritten comprehensive plan address this key issue. Ms. Hollerand stated that a comprehensive plan amendment to transmit the water supply facilities work plan is also scheduled for a public hearing by the Council on August 25. That amendment is anticipated to be adopted by the Council in October. She stated that inclusion of the water supply facilities work plan into the comprehensive plan was the only statutory requirement previously unmet in the City's comprehensive plan. Mr. Hollerand stated that because the Evaluation and Appraisal Report is based on the 2009 comprehensive plan, it meets statutory requirements enacted since the last EAR adoption in 2000. She stated that if it is determined that additional changes are required, those can be included in the comprehensive plan at a later date as part of the EAR-based amendments. City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 4, 2009 Page 4 Ms. Hollerand stated that it is appropriate to adopt the Evaluation and Appraisal Report for the comprehensive plan to meet state requirements. Ms. Hollerand stated that staff recommends approval of the Evaluation and Approval Report for the comprehensive plan. Commissioner Jones asked if the comprehensive plan had to be rewritten every five years. City Planner Barbara Hollerand stated that the City does not have to rewrite the comprehensive plan every five years. She stated that typically you adopt the EAR and then based on the EAR, it triggers EAR-based amendments. She stated that the City has done it in reverse because they recognized that the comprehensive plan needed to be addressed first so there will fewer EAR-based amendments after this is sent to the state. She stated that every seven years you adopt a report and EAR-based amendments. Planning Director Jim Hitt stated that the City wanted a comprehensive plan that would work better for the City. He stated that rewriting the comprehensive plan will simplify the process. Commissioner Gray moved to approve the request for the Evaluation and Appraisal Report, seconded by Commissioner Jones. The vote was unanimous to recommend for approval to City Council. There being no further business, the meeting was adjourned at 7:23. David 'rm n ~.~. ___ ATTEST: ~~ ~ Rae Chidlow -Administrative Assistant