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04-02-2013 Regular Meeting City of Clermont MINUTES PLANNING AND ZONING COMMISSION APRIL 2, 2013 Page 1 The meeting of the Planning& Zoning Commission was called to order Tuesday April 2, 2013 at 7:07 p.m. by Chairman Nick Jones. Other members present were Carlos Solis, Bernadette Dubuss, Gail Ash, Harry Mason, Judy Proli, and Raymond Loyko. Also in attendance were Scott Blankenship, Assistant City Manager, Barbara Hollerand, Planning and Zoning Director, Curt Henschel, Senior Planner, Bill Hamson, Fire Marshal, Dan Mantzans, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held March 5, 2013 were approved. REPORTS Chairman Nick Jones stated that the last symphony concert will be held on Apnl 26, 2013. 1. REQUEST FOR CONDITIONAL USE PERMIT DEVELOPMENT NAME: Iglesia Pentecostal OWNER/APPLICANT: Jorge A. Rosario REQUESTED ACTION: A Conditional Use Permit request to allow a church facility in the C-2 General Commercial Zoning District SIZE OF PARCEL: 2 +/- acre GENERAL LOCATION: 347 N. US Highway 27 EXISTING ZONING: R-3-A, Residential/Professional Zoning EXISTING LAND USE: Vacant FUTURE LAND USE: Residential/Professional City planner Curt Henschel presented the following staff report: The applicant is requesting a conditional use permit to operate a house of worship in the C-2 zoning distract. The applicant proposes to occupy approximately 1,250 square feet of vacant building space located across Highway 27 from the Citrus Tower Village Publix (347 North Highway 27). The church intends to have 20 seats for Sunday service, and will hold a Tuesday and Thursday evening bible study from 7:30 to 9:30 pm. 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. Brenda Medero, 11820 Windflower Ct., stated that she represents the church. She stated that they want to worship on Tuesdays and Thursdays from 7:30 to 9:30 pm and Sundays from 3:00 to 5:00 pm. Commissioner Solis asked if there are a maximum number of people who will attend. City of Clermont MINUTES PLANNING AND ZONING COMMISSION APRIL 2, 2013 Page 2 Mr. Henschel stated that the Fire Marshal determines the capacity of a building. Leonard Rubman, 3273 Saloman Lane, asked existing businesses in the plaza and do they have Sunday operations. City Attorney Dan Mantzaris stated that the conditional use permit includes language that will address if there are any conflicts with the parking for them and other businesses. Commissioner Gail Ash moved to recommend approval of the Conditional Use Permit; seconded by Commissioner Carlos Solis. The vote was unanimous to recommend approval for the Conditional Use Permit to City Council. 2. REQUEST FOR CONDITIONAL USE PERMIT DEVELOPMENT NAME: Heritage Hills APPLICANT: Rob Bonin/Heritage Hills REQUESTED ACTION: A Conditional Use Permit amendment to allow an adjustment to the time requirement for the permanent road connection to Hartwood Marsh Rd. SIZE OF PARCEL: 442 +/- acre GENERAL LOCATION: East of Somerset Sub., East of Hancock Rd., and North of Hartwood Marsh Rd. EXISTING ZONING: Planned Unit Development EXISTING LAND USE: Residential FUTURE LAND USE: Master Plan Unit City planner Curt Henschel presented the following staff report: The applicant is requesting to amend the existing conditional use permit (Resolution #1624) to extend the time requirement for opening the internal right-of-way connection to Hartwood Marsh Rd. The existing resolution requires a permanent right-of-way connection to Hartwood Marsh Rd. before the 301st certificate of occupancy is issued. The developer has found themselves gaining speed on certificates of occupancy faster than being able to start construction on the internal nght-of-way connection. The developer is ready to construct the road but is already at 298 certificates of occupancy. Because there are no certificates of occupancy left to issue before the milestone is reached, the developer is requesting to change the language in the resolution from specifying 300 certificates of occupancy to a stated entrance completion date of August 31, 2013. Commissioner Mason asked how the temporary road was approved. Mr. Henschel stated that it was approved by the developer and Clermont's Fire Department. City of Clermont MINUTES PLANNING AND ZONING COMMISSION APRIL 2, 2013 Page 3 Commissioner Mason stated that it is not gated, so it is no longer a gated community. Mr. Henschel stated that the road is not meant for the public. Commissioner Mason stated that anyone can drive into the community. Mr. Henschel stated that issue can be addressed in the conditions of the Conditional Use Permit. Chairman Jones asked if these would be private streets. Mr. Henschel stated that Heritage Hills is a gated community, so the streets are private. Rob Bonin, Lennar Homes, LLC, stated that Lennar has installed a 20-foot wide, 32-ton bearing stabilized road as required by the fire department as an emergency access. He stated that there was a chain link fence that had to be removed in order to put the temporary road in place. He stated the gate will be replaced in the next couple days. Commissioner Mason asked if the gate will be available for emergency access only or will residents be allowed to access this road. Mr. Bonin stated that the temporary road is for emergency access only. He stated they have started installing the pipes for the remaining of the unfinished road. He stated that he appreciates the consideration of the Commission for the extension of time to complete this portion of the road. Commissioner Mason stated that there seems to be some confusion as to which entrance is the main gate and which one is the secondary gate. Mr. Bonin stated that the intention was for the Hartwood Marsh entrance to be the main entrance. He stated that some of the residents have brought up their concerns about this issue and they will take their time to make a decision. He stated that part of the issue was the residents' confusion as to where the location of the Hartwood Marsh entrance was. He stated that there will be turn lanes from both directions for the Hartwood Marsh entrance. Chairman Jones asked if the temporary road will be removed once the permanent road is completed. Mr. Bonin stated that the temporary road will be removed. Commissioner Mason stated that there is still the issue that, according to the City, the Hartwood Marsh entrance is currently considered the secondary gate. He stated that they would have to amend their conditional use permit to change the language to state that this will be the primary gate. City of Clermont MINUTES PLANNING AND ZONING COMMISSION APRIL 2, 2013 Page 4 Mr. Bonin stated that if the decision is made to make the Hartwood Marsh entrance the primary gate then they would amend the conditional use permit. Commissioner Dubuss asked that if the time extension is approved, what the timeline for traffic disruption would be. She asked if the road construction would be completed pnor to the new school year. Mr. Bonin stated that they are going to try to complete the road during the slower period. He stated that they have already ordered the pipe that is needed to start the project. Commissioner Mason asked if they would be willing to back the extension date up to June 30. Mr. Bonin stated that they are already on a tight schedule to complete the road by the August 31 deadline. He stated that it will take them close to five months to complete the road. Commissioner Mason asked if that extension time includes the completion of the portion of the road inside the subdivision. Mr. Bonin stated that they are currently working on moving the dirt for that portion of the road, but they do not have City approvals to begin infrastructure. Commissioner Mason asked if some of the equipment can be diverted to complete the road sooner. Mr. Bonin stated that he can only have two pipe crews on the road at one time. He stated that he has chosen the crews who have worked on the road already. Commissioner Mason asked if there was a bond on this road. City Attorney Dan Mantzaris stated that no bond is required because it is a private road. Commissioner Loyko asked when the first discussion about Hentage Hills was. Mr. Bonin stated that there was discussion in October 2012 on the timing of completing this road. He stated that the pace went quite a bit faster than they had projected for completing homes. Commissioner Mason stated that Lennar has known for five years that they would have to have the road completed prior to reaching 301 occupancies in the subdivision. Mr. Bonin agreed that Lennar did know this. Leonard Rubman, 3273 Saloman Lane, stated that he is in agreement that the residents were confused on the location of the second entrance. He stated that he is also in agreement with the City of Clermont MINUTES PLANNING AND ZONING COMMISSION APRIL 2, 2013 Page 5 extension of time. He asked who would be responsible for opening and closing the construction gate for the temporary road. Steve Myer, 3604 Serena Lane, asked if there will signage and street lights at the entrance at Hartwood Marsh Road. He stated that in Section 6 paragraph 12 that there will be lighting. Chairman Jones stated that the only issue before the Commission is the extension of time for the completion of the road. Otis Taylor, 3686 Caladesi Rd., asked if the extension is not granted, when the road will be completed. Chairman Jones stated that the developer will start the road from Hartwood Marsh Rd. and work from there back into the community, and they are asking for four-month extension. Dennis Veccia, 3624 Serena Lane, stated that he does not have a problem with the extension; however he feels if the road is not complete then Lennar should be penalized for each day the road is not completed by August 31, 2013. City Attorney Dan Mantzaris stated that the Commission would not have the authority to penalize the developer. He stated that he thinks the intent is if the road is not completed by August 31, 2013, then the developer would not be allowed to receive any more certificates of occupancy. Commissioner Mason asked if the Commission has the authority to request that no more certificates of occupancy can be received over the amount of 345. Mr. Mantzaris stated that is not part of the request. He stated the request is to allow the extension to the August 31, 2013 date. Commissioner Ash stated that she would like the applicant to state on the record that they agree that is the intent of the condition. Mr. Bonin stated that it is Lennar's intent to have the road completed by August 31, 2013 and if not, they will not receive any more certificates of occupancy. Robert Bordeleau, 3643 Caladesi Rd., is opposed to the extension because the agreement was that the road would be complete prior to the 301st certificate of occupancy. He's worried they will request another extension in August. He stated he has been waiting for this road to open for 2 1/2 years. Commissioner Proli asked what held up the construction of the road. Mr. Bonin stated that the market conditions caught everyone by surprise in the last five months. He stated that they projected to not reach the limit until October 2013. City of Clermont MINUTES PLANNING AND ZONING COMMISSION APRIL 2, 2013 Page 6 Commissioner Bernadette Dubuss moved to recommend approval of the Conditional Use Permit to allow the extension of the completion date of the permanent road connection to Hartwood Marsh Rd. with the caveat that should the road not be completed by August 31, 2013 that no further certificates of occupancy be issued until the road is complete; seconded by Commissioner Gail Ash. Commissioner Mason stated that he does not agree with the 5-month extension. Commissioner Ash stated that she would rather allow the extension rather than have them rush to complete the road and it not be done properly and attractively. Commissioner Mason asked if it was a code requirement for the second entrance to be available once there were 25 homes completed. Fire Marshal Bill Harrison stated that yes that was required. Commissioner Mason asked if the temporary stabilized road will permit the residents, in case of an emergency, to exit to Hartwood Marsh Road. Mr. Harrison stated that the temporary road would be accessible for emergencies from the outside and inside of the community. Commissioner Solis stated that he's glad to hear that the certificates of occupancy are coming too quick and he hopes it continues. The vote was 6-1 to recommend approval for the Conditional Use Permit to City Council. There being no further business, the meeting was adjourned at 7:18 pm. xammith ii z: i`�✓ ck Jones, Ch. ATTEST: /0! " Rae Chidlow—Administrative Assistant