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10-01-2013 Regular Meeting City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 1, 2013 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday October 1, 2013 at 7:00 p.m. by Chairman Nick Jones. Other members present were Harry Mason, Bernadette Dubuss, and Gail Ash. Also in attendance were Barbara Hollerand, Planning and Zoning Director, Curt Henschel, Senior Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held September 3, 2013 were approved as written. REPORTS There were no reports. 1. REQUEST FOR CONDITIONAL USE PERMIT DEVELOPMENT NAME: Wootson Temple Church APPLICANT: Marvin L.Wootson,Pastor GENERAL LOCATION: 836, 918 &938 Scott Street EXISTING ZONING: R-2 Medium Density Residential EXISTING LAND USE: Church/Vacant Property FUTURE LAND USE: Low Density Residential City planner Curt Henschel presented the following staff report: The applicant is requesting a Conditional Use Permit to expand a house of worship in the R-2 zoning district. The existing church (Wootson Temple Church of God in Christ) has a congregation of approximately 90 and has decided it is time to expand. The applicant/church proposes to construct a new 7,216 square foot sanctuary on a vacant parcel (southwest corner of East Juniata Street and Scott Street) south of the existing church. The existing church was built in 1955 and has been operating ever since, with the Wootson family name. In June 2010 the church was approved for a similar Conditional Use Permit with a slightly smaller sanctuary building that was never constructed. This voided the original Conditional Use Permit because construction had not begun within two years. Since the original Conditional Use Permit approval, the church has acquired additional property that would allow additional parking and a slightly larger sanctuary. The existing church will be redeveloped to handle the office operations of the new church facility. The existing church lot will also be redeveloped to allow additional parking on the property instead of the existing conditions where much of the parking is on the right-of-way. City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 1, 2013 Page 2 The church plans to continue with the same hours it has been maintaining through the week, Sunday from 9:30 a.m. to 2:00 p.m., and Tuesday and Thursday evenings from 7:30 p.m. to 9:30 p.m. The church will also be requesting a parking variance for a reduction of 23 parking stalls. Marvin Lee Wootson, 13113 Baneberry Ct., stated that he is the pastor of Wootson Temple Church. He stated that the previous conditional use permit has expired. He stated that he has acquired additional property for the church. He stated that there is more parking and the floor plan has changed from the previous conditional use permit. Chairman Jones asked if a number of the congregation walks to the church Mr. Wootson stated that about one third of the congregation walks to the church. Commissioner Gail Ash moved to recommend approval of the Conditional Use Permit; seconded by Commissioner Bernadette Dubuss. The vote was unanimous to recommend approval for the Conditional Use Permit to City Council. 2. REQUEST FOR CONDITIONAL USE PERMIT DEVELOPMENT NAME: Alianza Con Dios APPLICANT: Pastor Eliat Aponte GENERAL LOCATION: 711 Highway 27 EXISTING ZONING: C-2 Commercial EXISTING LAND USE: Shopping Plaza FUTURE LAND USE: Commercial 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 district. The church proposes to occupy approximately 3,000 square feet of retail/ office space located at 711 and 777 Highway 27 in the Clermont Shopping Center. The church has a congregation of approximately 60-80 for Sunday service and holds a Wednesday evening bible study at 7:00 p.m. 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. City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 1, 2013 Page 3 Eliat Aponte, 105 Sea Eagle Ave., Groveland, stated that they are looking to help the community here in Clermont. He stated that appreciates the opportunity for this conditional use permit. Commissioner Mason asked if there will be any variances. Mr. Henschel stated that there are no variances. Commissioner Ash stated that she has concerns about the parking. Mr. Henschel stated that there is a clause in the conditional use permit pertaining to the parking. Commissioner Bernadette Dubuss moved to recommend approval of the Conditional Use Permit; seconded by Commissioner Harry Mason. The vote was unanimous to recommend approval for the Conditional Use Permit to City Council. 3. REQUEST FOR LARGE-SCALE COMP PLAN AMENDMENT DEVELOPMENT NAME: Steve's Road- Beazer Homes OWNER: Homer Allen,Trustee APPLICANT: Beazer Homes REQUESTED ACTION: Future land use change from Lake County Urban to Medium-Density Residential SIZE OF PARCEL: 33.3 +/- acres GENERAL LOCATION: North of Steve's Road between U.S. 27 and Citrus Tower Blvd. EXISTING ZONING: UE Urban Estate Low Density(upon annexation) EXISTING LAND USE: Vacant FUTURE LAND USE: Lake County Urban City planner Barbara Hollerand presented the following staff report: Staff recommends approval of the Future Land Use Map amendment from Lake County Urban to Medium-Density Residential. The applicant, Beazer Homes, is requesting a future land use amendment to change from Lake County Urban to Medium-Density Residential. The property owner is Homer N. Allen, Trustee. The 33.3-acre parcel is along the north side of Steve's Road, east of U.S. 27 and west of Citrus Tower Boulevard. Real Life Church is to its south, Epic Theatre/Clermont Landing is to its west and Tuscany Ridge residential subdivision is to its east. To its north is Wilma Lake in unincorporated Lake County. This future land use application is being submitted along with requests for annexation and a conditional use permit to allow a planned unit development of single-family homes. City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 1, 2013 Page 4 As defined in the City's comprehensive plan, Policy 1.6.2 allows the following: Medium-Density Residential. Areas delineated on the PLUM for medium-density residential development shall accommodate a maximum density of up to eight units per acre.Permitted housing types include single-family detached homes, including zero-lot-line and cluster developments, duplexes,townhomes,condominiums and apartments. The applicant initially proposed a future land use change to Master Planned Development, but this future land use is reserved for developments of regional impact (such as Lost Lake Reserve) or large-scale, mixed-use development. A future land use designation of Medium-Density Residential is appropriate for this transitional area between commercial and residential uses. As a proposed large-scale comprehensive plan amendment, this request will be heard by the Planning & Zoning Commission and then considered for transmittal by the City Council. Upon approval for transmittal, the request will be sent to the Florida Department of Economic Opportunity for its review. It will come back to the City Council for final approval in November. Commissioner Bernadette Dubuss moved to recommend approval of the Large-scale Comprehensive Plan Amendment; seconded by Commissioner Gail Ash. The vote was unanimous to recommend approval for the Large-scale Comprehensive Plan Amendment to City Council. 4. REQUEST FOR CONDITIONAL USE PERMIT DEVELOPMENT NAME: Beazer Homes PUD OWNER: Homer Allen,Trustee APPLICANT: Beazer Homes REQUESTED ACTION: A Conditional Use Permit request for a Planned Unit Development SIZE OF PARCEL: 33.3 +/- acres GENERAL LOCATION: North of Steve's Road between Highway 27 and Citrus Tower Blvd. EXISTING ZONING: UE Urban Estate Low Density(upon annexation) EXISTING LAND USE: Vacant FUTURE LAND USE: Lake County Urban (request pending for Medium Density Residential) City planner Curt Henschel presented the following staff report: Beazer Homes is a proposed Planned Unit Development consisting of 33+ acres located north of Steve's Road between Highway 27 and Citrus Tower Blvd. Upon annexation, the property will receive the default zoning of UE (Urban Estate), and pursuant to Section 122-83 of the City Code, Planned Unit Developments are allowed in the UE Urban Estate district as a conditional use. City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 1, 2013 Page 5 The applicant's proposal is to construct 97 single family homes on 55-foot and 65-foot-wide lots providing a transition from the commercial development to the west to the larger, single-family homes to the east. The density proposed is 2.9 dwelling units per acre. The project proposes certain waivers to those sections of the code that deal with lot sizes in the conventional UE Urban Estate zoning district and standards for grading. Because this is a Planned Unit Development, these considerations or variances are considered to be part of the "zoning parameters" for the Planned Unit Development rather than an actual variance request. Specific considerations/variances within the Planned Unit Development are as follows: 1) To allow for private streets with gates. 2) To allow a minimum lot width of 55' 3) A grading request for up to 15 feet of cut/fill rather than 10 feet per code. 4) Allowing retaining walls to be 10 feet in height rather than a maximum of 6 feet. 5) To allow lot sizes smaller than one acre, down to 6,600 square feet. 6) Reduce front yard setbacks from 35 feet to 25 feet. 7) Reduce the side yard setback from 15 feet to 7.5 feet. Staff believes the considerations/variances associated with this request are not consistent with other approved planned unit developments of this acreage and recommends denial of the proposed Planned Unit Development request. Brian Denham, Denham Engineering, Orlando, presented photos of the property and area properties. He stated that they are asking for smaller lots but they are less intense than the surrounding properties. He stated that they are asking for a 5 '/2 % slope throughout the subdivision. He stated that this is the reason for asking for the amount of cut and fill for this project. He stated that they started with 28% cut and fill; however, after reconsidering they were able to eliminate the 10 foot retaining walls and are now asking for 20% cut and fill. He stated that it's his understanding that Council and Staff have an interest in widening Steve's Road and the cutting of the hill along Steve's Road will help with that. Jeremy Camp, 2600 Maitland Center Blvd., Maitland, presented the homes that are proposed for the subdivision. He stated that the commercial property close by makes this property desirable to home builders. He stated that the homes will range from 2000 square feet to 3500 square feet. He stated that Beazer Homes keeps up with the market and they put a lot of effort into their elevations and the designs of the homes. He stated that they offer a lot of upgrades. He stated that the entry way and landscape will follow a Tuscan theme. City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 1, 2013 Page 6 Commissioner Mason asked about a second entrance for the development. Mr. Denham stated that there is an emergency entrance. City attorney Dan Mantzaris stated that two points of access shall be provided into each subdivision with 25 lots or more. He stated that where adjoining existing development or other land development code requirements preclude that the development of two public street access points, an unobstructed drivable access way may be substituted upon approval of the subdivision advisory committee. He stated that the application shows a second access, and it appears to be unobstructed. He stated that the Fire Marshal has made the interpretation that the access point satisfies the code. Mr. Denham stated that they could put in a second access,but they prefer not to. Otis Taylor, 3686 Caladesi Rd., stated that he has a concern about not having a second entrance into the community. He asked what will happen to the homeless people that live on that property. Mr. Denham stated that there is evidence that people camped there at one time, but he does not believe that there are any homeless people living now on the property. Commissioner Mason asked if rezoning to R-2, would be more appropriate for this project. Mr. Henschel stated that if rezoned to R-2 the subdivision would still need the same variances. Commissioner Mason stated that he would rather the property be brought into the city with an R- 2 zoning. Mr. Mantzaris stated that the rezoning is not before the Commission at this time. Commissioner Ash stated that the issue is that lately developers are requesting smaller lots with fewer setbacks. She stated that developers want to fit as many houses on small parcels of property and are requesting variances because of it. Mr. Camp stated that this is a valid point, however this is not several miles out of town, and it is right next to commercial property. He stated that these lot sizes make sense because of the density in that is already in the area. Mr. Denham stated that this project is following the going market. He stated that the market now is larger homes on smaller lots. He stated that the surrounding properties are multifamily and they aren't asking for multifamily. City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 1, 2013 Page 7 Commissioner Dubuss stated that she is very familiar with Beazer Homes. She stated that she understands where they are coming from in a marketing aspect, however staff has recommended denial and if approved they will be setting precedence for future applications. Commissioner Harry Mason moved to recommend denial of the Planned Unit Development; seconded by Commissioner Bernadette Dubuss. The vote was 3-1 to recommend denial for the Planned Unit Development to City Council, with Commissioner Gail Ash opposing. There being no further business, the meeting was adjourned at 8:30 pm. ...--,I." illk ---, Ni ones, Chai , . ATTEST: c2-4._s%-- 1/4-fak ' Rae Chidlow—Administrative Assistant