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06/01/2010 Regular Meeting City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 1, 2010 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday June 1, 2010 at 7:00 p.m. by Chairwoman Cuqui Whitehead. Other members present were Bernadette Dubuss, Nick Jones, Raymond Loyko and Judy Proli. Also in attendance were 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 May 4, 2010 were approved as written. REPORTS There were no reports. 1. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Horizon Calvary Chapel OWNER: Bill Campbell Intercontinental Project Systems, Inc. APPLICANT: Horizon Calvary Chapel, 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: Industrial 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 1,500 square feet of building space available within Lot 13 in the Clermont Commons Industrial Center. He stated that the church intends to have 20 -25 seats for Sunday service. Mr. Henschel stated that back in August 2009, a different church was approved at this location, but because of financial issues, it did not move forward with the conditional use permit. 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 conditional use permit to allow a church facility on this Industrial (M -1) zoned parcel. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 1,2010 Page 2 Carlos Aviles, 13237 Long Pine Trail, stated that they have a membership of 14 to 20 people. He stated that they currently congregate at the First People's Bank and they need a new location where they can meet after hours. Commissioner Dubuss moved to recommend approval for request of the conditional use permit; seconded by Commissioner Jones. The vote was unanimous to recommend for approval to City Council. 2. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: South Lake Montessori School OWNER: Janis Sheldon APPLICANT: Denise Pyke REQUESTED ACTION: Request for an amendment to a CUP to allow a school facility expansion in the R -3 Residential/Professional Zoning District. LOCATION: 983 W. DeSoto Street EXISTING ZONING: R -3 Residential /Professional Zoning District EXISTING LAND USE: School FUTURE LAND USE: Medium Density Residential City Planner Curt Henschel stated that the applicant is requesting to amend a conditional use permit to allow for the expansion of a school facility within the R -3 Residential /Professional Zoning District. He stated that the school facilities are designated as requiring a conditional use permit within the R -3 Residential /Professional Zoning District. Mr. Henschel stated that the applicant is proposing a 1,200- square -foot building expansion to be added to the existing Montessori School located at 983 W. Desoto Street. He stated that the applicant states that the expansion is to allow for much needed office and storage space, and to allow for repairs needed to the building due to termites. He stated that the 1,200- square -foot expansion is not to allow for additional students. Mr. Henschel stated that the student population will remain the same with 50 students, and with four staff members. He stated that hours of operation will also remain the same, from 8:15 a.m. to 2:45 p.m., Monday through Friday. Mr. Henschel stated that providing the faculty and student populations do not increase, staff recommends approval of the request for a conditional use permit amendment to allow a 1,200 - square -foot expansion to the existing school facility on this R -3 zoned parcel. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 1, 2010 Page 3 Jan Sheldon, 17521 SR 19, Groveland, stated that they are in need of repairs, so they decided to do an expansion at the same time. She stated that she has school and theatre supplies stored at her house, so she is expanding the building so that she can store these items at the school. Charles Forth, 939 W. Desoto St., stated there have not been any problems up until this past year. He stated that recently there have been parking issues on both sides of the street. He stated that his driveway was being blocked. He stated that he requested signs for no parking, and it seems to have taken care of the problem. He stated that they request that the pick -up and drop -off is done on the property of the school. He stated that there is a water flow issue coming from this property, and if additional parking is being requested, he would like to make sure that the retention area is expanded. Ms. Sheldon stated that the parking issue has been dealt with, and there is a retention pond on site that will be expanded. Charlene Forth, 939 W. Desoto St., stated that there are four daycares within a 1 1 /4 block area. She stated that the neighborhood has a lot of noise from the daycares. She stated that they do not want any more children to attend the school than what there are now. Ms. Sheldon stated that they are at the corner of 10` and Desoto Street. She stated that she did check with the neighbors surrounding her, and they were all okay with the expansion. Commissioner Loyko asked if the concrete driveway showing on the plan is an existing drive. Mr. Henschel stated that the driveway does currently exist. Commissioner Loyko asked if the retention pond was being reduced. Mr. Henschel stated that the retention will have to meet city requirements. Commissioner Loyko asked if the chain link fence is being removed and will something replace it. City Attorney Dan Mantzaris stated that some sort of barrier will have to be replaced around the retention pond. Commissioner Loyko moved to recommend approval for the request for the conditional use permit; seconded by Commissioner Dubuss. The vote was unanimous to recommend for approval to City Council. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 1, 2010 Page 4 3. REQUEST FOR REZONING REQUEST: Rezoning from Urban Estate to R -1 Medium - Density Residential — Ord. No. 2010 -11 -M PROJECT NAME: Hunter's Run OWNER / APPLICANT: Ladd Development PARCEL SIZE: 131.18 acres +/- LOCATION: Near the northeast corner of Hancock Road and Hartwood Marsh Road, north and east of Hartwood Pines residential subdivision, north and east of South Lake Charter School, north of Regency Hills residential subdivision. EXISTING LAND USE: Vacant EXISTING ZONING: Lake County R -4 Residential (becomes Urban Estate upon annexation) EXISTING FUTURE LAND USE: Lake County Urban Expansion (request pending to change to City Low - Density Residential) City Planner Barbara Hollerand stated that these next two requests are for the Hunter's Run property. She stated that she will present the staff reports together and then answer any questions. Ms. Hollerand explained to the audience the purpose of the Florida Department of Community Affairs citizen courtesy information list form. She stated that they may provide their name and address on this form and if the comp plan amendment request is adopted, the Florida Department of Community Affairs will let them know when the Notice of Intent will be published in the Orlando Sentinel. Ms. Hollerand stated that the requests tonight are for a rezoning and a large -scale comprehensive plan amendment. She stated that the owner /applicant is Ladd Development, represented by Dale Ladd. Ms. Hollerand stated that the subject property will also be considered for annexation by the City Council June 22. She stated that upon annexation, the property will receive the default zoning of Urban Estate. Ms. Hollerand stated that the vacant 131 -acre property is near the northeast corner of Hancock Road and Hartwood Marsh Road. She stated that a single- family residential subdivision with 320 homes is planned for the site. Ms. Hollerand stated that there are residential subdivisions on the property's north (Somerset and Heritage Hills), south (Regency Hills) and west (Hartwood Pines). She stated that vacant property is to the east. She stated that the subject property is contiguous to the City on its northern, southern and western sides. City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 1, 2010 Page 5 Ms. Hollerand stated that the rezoning request is from Urban Estate to R -1 Medium - Density Residential. Ms. Hollerand stated that the large -scale comprehensive plan amendment request is from Lake County Urban Expansion to Low - Density Residential in the City. Ms. Hollerand stated that the property was formerly known as the "Hart property," and it once included the 10 -acre charter school property site, which was sold in 2005. Ms. Hollerand stated that in 2004, the owner requested a future land use change in the county from Rural to Urban Expansion, and the property was rezoned from Agriculture to R -4 Residential. She stated that the comprehensive plan amendment was not found in compliance by the Florida Department of Community Affairs, and the amendment went into settlement agreement. She stated that in the stipulated settlement agreement that resulted, no residential development was to be allowed on the property until and unless it was annexed into the City. She stated that the maximum residential density was capped at 320 single- family dwelling units, which is approximately 2.4 units per acre. Ms. Hollerand stated that the proposed future land use of Low - Density Residential allows for a maximum density of 3 units per acre. She stated that no text changes to the comprehensive plan are required. Ms. Hollerand stated that city water and sewer capacity is available to serve the development. She stated that the site is accessible by Hancock Road and Hartwood Marsh Road, and the intersection of these two roads is signalized. Ms. Hollerand stated that upon annexation, it is appropriate to assign R -1 Medium - Density Residential zoning and Low - Density Residential future land use. Ms. Hollerand stated that staff recommends approval of the rezoning request and the large -scale comprehensive plan amendment request. Dale Ladd, 1135 East Ave., stated that he is here because of an agreement between the County and Florida Department Community Affairs. He stated that the City of Clermont wanted this property annexed into the city limits. He stated that he had to annex into the City because they want city water and sewer and annexing is one of the requirements. Jim Jacobs, 2742 Valiant Drive, stated that he is the president of the HOA for Regency Hills. He stated he does not have an issue with the plan except the traffic congestion on Hartwood Marsh Road that has been created by the growth in the area. // City of Clermont MINUTES PLANNING AND ZONING COMMISSION June 1, 2010 Page 6 Mr. Ladd stated that the County approached him wanting to obtain land for right -of -way so that the county can eventually widen the road. Board member Jones asked if the County has purchased the land from the applicant at this time. Mr. Ladd stated that the County has have not purchased the land yet, but they are setting that land aside in any plans they are making, anticipating it happening. Commissioner Dubuss moved to recommend approval for request of the rezoning; seconded by Commissioner Proli. The vote was unanimous to recommend approval to City Council. 4. REQUEST FOR LARGE SCALE COMP PLAN AMENDMENT REQUEST: Large Scale Comp Plan Amendment changing the future land use from Lake County Urban Expansion to City Low- Density Residential PROJECT NAME: Hunter's Run OWNER / APPLICANT: Ladd Development PARCEL SIZE: 131.18 acres +/- LOCATION: Near northeast corner of Hancock Road and Hartwood Marsh Road, north and east of South Lake Charter School EXISTING LAND USE: Vacant EXISTING FUTURE LAND USE: Lake County Urban Expansion EXISTING ZONING: Lake County R -4 Residential (becomes Urban Estate upon annexation) Commissioner Jones moved to recommend approval for request of the large scale comprehensive plan amendment; seconded by Commissioner Dubuss. The vote was unanimous to recommend approval to City Council. There being no further business, the meeting was adjourned at 7:36 pm. C Whitehead, Chairwoman ATTEST: 0 , Rae Chidlow — Administrative Assistant