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05-03-2011 Regular Meeting City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 3, 2011 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday May 3, 2011 at 7:00 p.m. by Chairwoman Cuqui Whitehead. Other members present were William Henning, Jr., Bernadette Dubuss, Raymond Loyko and Judy Proli. Also in attendance were Jim Hitt, Planning and Zoning Director, Curt Henschel, City Planner, Dan Mantzaris, City Attorney, Barbara Hollerand, Assistant to the City Manager, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held March 1, 2011 were approved as written. REPORTS Planning and Zoning Director Jim Hitt stated that Item #3 is being requested to be tabled to June 7, 2011. Commissioner Dubuss moved to table the request of the large -scale comprehensive plan amendment to June 7, 2011; seconded by Commissioner Proli. The vote was unanimous to table this item. Mr. Hitt stated that there were updates on the City's website showing the new population counts. Chairwoman Whitehead stated that on the City's website you can find activities that are coming up in the City of Clermont. She stated she was inviting everyone to Real Life Christian for a Kiwanis breakfast at 7:00 am on May 5, 2011. 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT /OWNER: New Beginnings of Lake County, Inc. (Steve Smith) PROJECT: New Beginnings Church REQUESTED ACTION: Request for a CUP to operate a church in a R -3, Residential/Professional zoning district. GENERAL LOCATION: 792 East Montrose St. (west of Ambassador Cleaners & U.S. 27) SIZE OF PARCEL: 0.43 acres EXISTING ZONING: R -3, Residential /Professional EXISTING LAND USE: Vacant building FUTURE LAND USE: Low Density Residential Planning Director Jim Hitt stated that the applicant intends to renovate and convert a vacant building into a church. Mr. Hitt stated that this request by the previous owner has been approved four times before by the City, in 1998, 2000, 2003, 2004, and again in 2008, but never completed. Mr. Hitt stated that for various reasons such as land acquisition, and parking constraints kept the church from development. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 3, 2011 Page 2 Mr. Hitt stated that the site was sold to the new owners and the applicant has redesigned the site plan and has designed a plan to utilize on -site grass parking. He stated that the new plan shows seven (7) parking spaces, one of which will be a paved handicapped parking space. Mr. Hitt stated that because of the limited number of spaces available to the site, the staff recommends that a cap of 28 people be placed for the occupancy load. He stated that this number is based on the parking requirements from the Land Development Code of 1 space per 4 seats. (7 spaces x 4 = 28 spaces) He stated that all handicap parking must be paved with access. Mr. Hitt stated that the applicant is also requesting three variances for development which are similar to ones previously approved and include: Building setback reductions, landscape buffer width reductions, and on -site grass parking (not including HC). Mr. Hitt stated that staff recommends approval of the request for a Conditional Use Permit to allow the operation of a church provided variances are obtained by City Council for the items previously listed, and the occupancy load limit of 28 people, unless more property is added adjacent to the site to accommodate more, per the LDC (Section 2, # 2 and #3). Mr. Hitt stated that staff further recommends that the redevelopment and construction of this site be completed in accordance with Section 1, #12 (6 months to obtain permits, and one year for completion). Steve Smith, 1343 Briarhaven Lane, stated that he currently deals with the homeless in this community. He stated that this church is for the homeless that are currently staying at his facility and is not for outsiders. He stated that these people do not typically have cars, so his request for six grass parking spaces will be sufficient. Commissioner Loyko asked about the liens that are currently on the property. City Attorney Dan Mantzaris stated that the liens would not come before this Board. Commissioner Proli asked how the tenants will get to the church if they don't own vehicles. Mr. Smith stated that they have a van that was donated to New Beginnings which they will use to transport the tenants to the church. Commissioner Proli asked if they would keep the existing structure. Mr. Smith stated that they will keep the structure there, they will replace the roof. He stated that they have received help from Wal -Mart and New Beginnings have collected a lot of material from Home Depot and Lowes for the project. He stated that the building will be certified for safety prior to occupying the building. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 3, 2011 Page 3 Commissioner Henning asked if this is a one story building. Mr. Smith stated that it does have a lower level that will be used for storage. Chairwoman Whitehead stated that this is also a learning center. Mr. Smith stated that they do not have any drug addicts or anyone who needs to be rehabilitated. They have to be mentally and physically able to work to enter their program. He stated that anyone who is drug addicts are referred to Lifestream, and domestic abused are sent to The Haven. Commissioner Proli moved to recommend approval for request of the conditional use permit, seconded by Commissioner Dubuss. The vote was unanimous to recommend for approval to City Council. 2. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Clermont Hillside Terrace OWNER: Clermont Hillside Terrace, LLC (Arlene Malik) & Clermont Hillside Lender, LLC APPLICANT: Charles C. Hiott, P.E., BESH Engineering (rep.) REQUESTED ACTION: Request a CUP amendment to add additional uses to an existing CUP to include a house of worship (church), a private pre- school, a private charter school (K -12), a day care facility, food pantry and a needs distribution center. LOCATION: 2400 S. U.S. Highway 27 EXISTING ZONING: PUD (C -2) EXISTING LAND USE: Clermont Hillside Terrace FUTURE LAND USE: Commercial City Planner Curt Henschel stated that the applicant is requesting a Conditional Use Permit (CUP) amendment to add additional uses to an existing Conditional Use Permit. He stated that the current Clermont Hillside Terrace Conditional Use Permit includes retails sales, lounges, restaurants, personal services, professional & medical offices. Mr. Henschel stated that the applicant is now requesting the following uses: a pre - school, private school or charter schools K- 12, before /after day care, nursery schools, churches and related activities (food pantry, needs distribution, etc.) Mr. Henschel stated that the Lake - Sumter MPO has stated the proposed school uses will have a reduction of P.M. peak hour traffic count trips than the already approved retail and restaurants uses. He stated that the church and school uses will also require less parking than what has been accounted for on site. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 3,2011 Page 4 Mr. Henschel stated that staff recommends approval of the request to amend the Conditional Use Permit to include the additional Church and school uses. Planning Director Jim Hitt stated that there were changes to the language on numbers 3, 8 and 13 that pertain to the four pads that are not built. He stated that they were clarifying that they don't need certificate of occupancy for the existing buildings, only on any new buildings. Brad Mindlin and John Lindberger, Las Vegas, stated that they want to be good neighbors now that they own the property. They would like to bring new growth and hospitality to the property. Commissioner Dubuss asked if these are going to be new buildings and will there be busses involved. Mr. Mindlin stated that at this time there will be no new construction. He stated that they do not have any specific school use at this time, once they get the use in place they will go back to negotiate the transportation. Mr. Hitt stated that the reason why they were proposing to use the access to the south is because of the light that already exists at the church entrance on Highway 27. Mr. Henning stated that he uses that entrance a lot and he does not feel it is wide enough for busses. Commissioner Proli stated that she does not feel this is a good location for schools, daycare and buses. She asked about the playground. Mr. Mindlin stated that they have a decent size courtyard and there are also the four vacant pads that could be used to incorporate a playground for the children. Commissioner Loyko stated that aside from large buses entering into the property, the market will limit what you can do more than what the conditional use permit will. He stated that the businesses there already seem successful so far. Mr. Mindlin stated that they are entering their first investment in the City of Clermont and they want to be good neighbors. He stated that if the Commission would rather they get more studies before making a decision, they will do that. City Attorney Dan Mantzans stated that the Commission is here to make a recommendation to the Council. He stated this gives the staff an opportunity to hear the issues and concerns of the Commission to address how it will be looked at in the future. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 3, 2011 Page 5 Chairwoman Whitehead stated that they can only make a recommendation and they can take these concerns and clear them up before going before City Council. Commissioner Loyko moved to recommend approval for request of the conditional use permit with the caveat regarding the parking as explained by staff; seconded by Commissioner Dubuss The vote was 3 -2 to recommend for approval to City Council with Commissioners Proli and Henning opposing There being no further business, the meeting was adjourned at 7:41 pm. Cu . Whitehead, Chairwoman ATTEST: Rae Chidlow — Administrative Assistant