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06-13-2016 P&Z Minutes City of Clermont MINUTES PLANNING AND ZONING COMMISSION JUNE 13, 2016 Page 1 The meetmg of the Plannmg and Zomng Commission was called to order Monday, June 13, 2016 at 6 30 p m by Chairman Nick Jones Other members present were Carlos Solis, Herb Smith, Judy Proli, Tony Hubbard, and Jack Martin Also m attendance were Barbara Hollerand, Development Services Director, Curt Henschel, Planning Manager, John Kruse, Senior Planner, Dan Mantzans, City Attorney, and Joell Folmar,Planning and Zoning Technician MINUTES of the Planning and Zoning Commission meeting held May 3, 2016 were approved as written REPORTS Commissioner Martin made a motion to authorize a resolution for the Orlando Police Department, seconded by Commissioner Solis The vote was unanimous to recommend the City draft a resolution Development Services Director Barbara Hollerand stated that there are no applications for the July 5, 2016 meetmg, so that meeting will be cancelled 1 REQUEST FOR CONDITIONAL USE PERMIT REQUEST To allow a daycare facility in the Central Busmess District PROJECT Magic Moments Planning Manager Henschel presented the staff report as follows This request was originally scheduled for May hearings, but due to an issue with adjacent property owner notifications, it was tabled to the June 13, 2016 Planning & Zoning Commission meeting The applicant is requesting a conditional use permit (CUP) to allow a daycare facility m the Central Business District(CBD) Childcare centers are designated as a conditional use withm the CBD zoning district The proposed location of 756 West Avenue was previously approved in 2009 for a CUP for an "at nsk"youth counselmg center to operate seven days a week from 9 a m to 9 p m Magic Moments, the current applicant, is proposmg to occupy the 2,100-square-foot buildmg for their Schooler Program (ages 5-12) which is currently operated at 855 West DeSoto Street The 855 West DeSoto Street location is also the home of the Veterans of Foreign Wars (VFW) building The VFW currently has an agreement with Magic Moments to allow this Schooler Program to operate out of their building The VFW is also growmg and would like to occupy more of their building space, thereby displacing the Magic Moments Schooler Program Magic Moments has identified this new location and building as an ideal location to relocate City of Clermont MINUTES PLANNING AND ZONING COMMISSION JUNE 13, 2016 Page 2 their Schooler Program of approximately 46 students A condition m the CUP will require that the student count be provided to the City upon request to ensure compliance with a cap of 48 students One improvement with this location will be that the bus pick up and drop off will be handled on site within the parking lot rather than on DeSoto Street as is currently done at the VFW building Hours of operation will remain from 12 p m to 6 30 p m Monday through Friday during the school year and from 9 a m to 6 30 p m dunng summer months Attorney Jimmy Crawford stated that he represents Sam and Nancy Allison He stated that the state has limited their occupancy and will not have more than 45 children He stated that the drop off and pick up will be on the lot and from the street as it is at the VFW now He stated that they are asking for this application because their lease is up with the VFW He stated that they are in agreement with staff's recommendation Victoria Schulte,Victoria's Home and Garden at 721 West Ave , stated that they have spent a lot of money to improve their property She stated that parking is her biggest issue because it's already a problem Charlene Forth, 939 W DeSoto St, read a letter written by Chase Forth into the record She expressed her concerns about the parking in the area Mr Crawford stated that the daycare is not expandmg or adding to the use He stated that they are only asking to move the use to a new location that has off-street drop off and pick up He stated that the street parking is for public parking Nancy Allison, Magic Moments, stated that they can't have events that include parents due to no parking She stated that the traffic and parking are already there Ms Forth stated that there are only 5 or 6 parking spaces behind the building for employees and there will be no room for parents to park Mr Crawford stated that there are 6 parking spaces that will be used for the employees He stated that the drop off will be done at the existing Magic Moments School located behind this new location Chairman Jones asked for clarification of future buildings in the CDB distnct Mr Henschel stated that buildings in the CDB district are allowed zero lot lines Commissioner Proli stated that there are parking issues in the area She stated that she has asked that the City build a parking garage on the empty lot Commissioner Sobs stated that he is not for this application City of Clermont MINUTES PLANNING AND ZONING COMMISSION JUNE 13, 2016 Page 3 Commissioner Smith asked if the building was replaced,would parking be required Mr Henschel stated that it would have to include the required parking per code Commissioner Martin asked about the condition pertammg to parking in the conditional use permit He asked who decides if the parking is adequate or not adequate Attorney Mantzaris stated that the City Council would decide if the parking is adequate Commission Hubbard asked how many parking spaces the VFW has on site Mr Henschel stated that the VFW has no parking on site Commissioner Hubbard moved to recommend approval of the conditional use permit to limit hours of operation and a maximum of 45 kids, seconded by Commissioner Smith The vote was 4-2 to recommend approval, with Commissioners Proh and Solis opposing 2 REQUEST FOR CONDITIONAL USE PERMIT REQUEST To allow a church in the C-2 General Commercial zoning district PROJECT Redemption Worship Center Senior Planner Kruse presented the staff report as follows The applicant is requesting a conditional use permit (CUP)to establish a church m the C-2 General Commercial zonmg district Under Section 122-224 (12) of the land development code, churches are an allowable use m the C-2 district with a CUP The location is m the existing Emerald Lakes Shopping Plaza The church proposes to occupy Unit A within the plaza The umt is approximately 3,280 square feet, including an office, storage room and restrooms This unit was previously approved for a church facility under Resolution 1560, which expired in 2011 The Redemption Worship Center currently has a congregation of approximately 30 and plans to have meetings on Wednesday evenings and Sundays Since the church is in an established plaza and the hours of operation do not occur at peak business hours for a majority of the other tenants, parking does not seem to be a main concern In addition, half of the businesses are closed on Sundays However, if parking does become an issue,the applicant understands and agrees that the City may require additional parking or rescind the CUP Staff has reviewed the application and believes that the proposed use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity and the proposed use will comply with the regulations and conditions specified Therefore, staff City of Clermont MINUTES PLANNING AND ZONING COMMISSION JUNE 13, 2016 Page 4 recommends approval of the request for a church m the C-2 zonmg district with the conditions contamed m Resolution 2016-20 Commissioner Hubbard stated that he had a conflict with this item Attorney Mantzans agreed and stated that Mr Hubbard would need to fill out the conflict form Yvette and Pastor Reuben stated that they are requesting a church at this location Chairman Jones asked if there was already a church there Pastor Reuben stated that there has been a church at this location He stated that this is a non- denominational church Commissioner Proli moved to recommend approval of the conditional use permit, seconded by Commissioner Solis The vote was unanimous to recommend approval Commissioner Hubbard did not vote on this application 3 REQUEST FOR CONDITIONAL USE PERMIT REQUEST To allow a school facility in the M-1 Industrial zoning district PROJECT Pmecrest Lakes Academy Planning Manager Henschel presented the staff report as follows The applicant is requesting to allow a pnvate school facility within the M-1 Industrial zoning district School facilities are designated as requiring a conditional use permit(CUP)within the M-1 zoning district The applicant is proposing to utilize 1,600 square feet(Suite 103)of retail/office space available at 205 Hatteras Ave This building was constructed as a 7,000-square-foot retail/office building within the M-1 Industrial zoning district The school program is part of a recently approved charter issued to Pmecrest Academy Inc by Lake County Schools The proposed location will allow for 18 to 20 students and a staff of four School hours are proposed as Monday through Friday, 8 a m to 4 p m Staff recommends approval of the CUP Tiffany Ward stated that she is the administrator of the school She stated that this will be a Charter School for K-8th grade Commissioner Prola moved to recommend approval of the conditional use permit, seconded by Commissioner Sobs The vote was unanimous to recommend approval City of Clermont MINUTES PLANNING AND ZONING COMMISSION JUNE 13, 2016 Page 5 4 REQUEST FOR COMPREHENSIVE PLAN AMENDMENT REQUEST To change the future land use from Lake County Regional Office to Industrial PROJECT Citrus Tower Blvd Self-storage Senior Planner Kruse presented the staff report as follows The applicant, Jan-Mar, LLC, is requestmg a small-scale comprehensive plan amendment for the subject property The property is approximately five acres in size This request is being heard concurrently with requests for annexation, rezoning and a conditional use permit The applicant wishes to redevelop the property and have city services available The small-scale comprehensive plan amendment would change the future land use from Lake County's Regional Office to the City's Industrial designation While the applicant and staff initially looked at the Commercial future land use designation for the parcel, due to limitations in the floor area ratio of 0 25 and the end use of a self-storage facility being greater than this, this would have been inconsistent with the comprehensive plan for Commercial The Industrial future land use allows up to a 1 0 floor area ratio and is consistent with the existing adjacent future land use to the north and partially to the west The High Density Residential to the southwest and south is also a consistent use with the Industrial future land use Staff recommends approval of the small-scale comprehensive plan amendment to change the future land use from Lake County Regional Office to Industrial m the City 5 REQUEST FOR REZONING REQUEST To change the zoning from UE Urban Estate to C-2 General Commercial PROJECT Citrus Tower Blvd Self-storage Senior Planner Kruse presented the staff report as follows The applicant, Jan-Mar, LLC, is requesting a rezoning of the subject property This request is being heard concurrently with requests for annexation, small-scale comprehensive plan amendment, and a conditional use permit Upon annexation, the zoning would default to Urban Estate The applicant is requestmg a change to C-2 General Commercial m order to redevelop the property as a self-storage facility Under Section 122-224, self-storage facilities are a conditional use m the C-2 district The property historically has been used for industrial uses, such as a truss manufacturing plant, and was zoned Planned Industrial m Lake County Because the applicant's intention is to use the property for commercial instead of industrial uses, the requested zoning is C-2 The Industrial future land use allows general commercial activities, as stated m Policy 1 10 2 of the comprehensive plan The applicant has applied for a conditional use permit for the self- City of Clermont MINUTES PLANNING AND ZONING COMMISSION JUNE 13, 2016 Page 6 storage facility since it is a conditional use under the C-2 distnct and will have one buildmg with more than 20,000 square feet of floor space Staff has reviewed the applicant's proposal and concurs that general commercial at this location is consistent with the uses m the area, such as Family Dollar across the street and other commercial uses along Citrus Tower Boulevard in the vicinity Therefore, staff recommends approval of the rezoning to C-2 General Commercial 6 REQUEST FOR CONDITIONAL USE PERMIT REQUEST To allow a self-storage facility occupying more than 20,000 square feet of floor space PROJECT Citrus Tower Blvd Self-storage Senior Planner Kruse presented the staff report as follows This request is being considered concurrently with requests for annexation, rezoning and a comprehensive plan amendment The applicant, Jan-Mar, LLC, is requesting a conditional use permit (CUP) for a self-storage facility with more than 20,000 square feet of floor space Section 122-224 of the land development code (LDC) requires a CUP for residential storage facilities The applicant is proposing to redevelop the site to mclude seven buildmgs,ranging in size from 3,900 square feet up to 24,750 square feet The overall square footage is 90,900 The lot size is a little over five acres The floor area ratio, based upon the conceptual plan, is approximately 42 percent(or FAR of 0 42) The site will be developed to the LDC and will meet the architectural standards The applicant has mdicated that the site will be gated and secured Fencing along or adjacent to roadways shall be ornamental metal or decorative vinyl/pvc No outside storage will be allowed Intenor lighting to the site will be available, but will be constructed to stay within the site The site shall be developed m substantial accordance with the conceptual plan prepared by Rabco Corporation, dated May 10,2016 Staff has reviewed the application and believes that the proposed use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, and the proposed use will comply with the regulations and conditions specified Therefore, staff recommends approval of the request for a self-storage facility over 20,000 square feet m the C-2 zoning distract with the conditions contained in Resolution 2016-23 Rick McCoy stated that he was present to answer any questions Commissioner Smith moved to recommend approval of the small-scale comprehensive plan amendment, seconded by Commissioner Proli The vote was unanimous to recommend approval City of Clermont MINUTES PLANNING AND ZONING COMMISSION JUNE 13, 2016 Page 7 Commissioner Solis moved to recommend approval of the rezoning, seconded by Commissioner Proli The vote was unanimous to recommend approval Commissioner Solis moved to recommend approval of the conditional use permit, seconded by Commissioner Smith The vote was unanimous to recommend approval 7 REQUEST FOR LAND DEVELOPMENT CODE CHANGE REQUEST To amend Chapter 110 Subdivisions, Section 110-263 Field Monumentation PROJECT Field Monumentation Planning Manager Henschel presented the staff report as follows This administrative request is to update the Land Development Code (LDC) section pertaining to the setting of concrete markers to mark lots in subdivisions Under Section 110-263, Field Monumentation, a request has been made to allow developers to set metal rods mstead of concrete markers to mark lots m subdivisions The use of concrete markers is not only an added expense in matenal, but also increases the time to set the concrete markers for developers This change is consistent with the standards m other municipalities Developers are required to comply with Chapter 177, Flonda Statutes, that states the monument must be composed of a durable matenal, a minimum length of 18 inches, a mmimum cross- section area of 0 2 square inches, identified with a durable marker or cap bearing registration number, and be detectable with conventional instruments for locating ferrous or magnetic objects Staff believes the added time and expense of the concrete markers are not justified, and therefore recommends approval of this LDC change Commissioner Proli moved to recommend approval of the land development code amendment, seconded by Commissioner Solis The vote was unanimous to recommend approval 8 REQUEST FOR LAND DEVELOPMENT CODE CHANGE REQUEST To amend Chapter 122 Zoning, Section 122-223 Permitted Uses, Section 122-224 Conditional Uses PROJECT Auto Dealerships Planning Manager Henschel presented the staff report as follows This administrative request is to update the Land Development Code (LDC) section pertaining to automotive dealerships City of Clermont MINUTES PLANNING AND ZONING COMMISSION JUNE 13, 2016 Page 8 Currently, the General Commercial C-2 zoning Section 122-223 of the LDC allows for automobile and truck services, carwashes, and automobile, truck, boat and farm equipment sales as permitted uses within the zoning district Permitted uses do not require City Council approval when developing a site Staff is proposing to move these permitted uses to conditional uses within the code With the recent influx of automotive dealerships m the area, staff believes City Council review is appropnate and recommends approval of Ordinance 2016-27 Commissioner Martin moved to recommend approval of the land development code amendment, seconded by Commissioner Solis The vote was unanimous to recommend approval Chairman Jones made a request for a workshop to discuss development on land with hills He expressed concerns that Clermont's hills are bemg compromised He stated that he wants research done on other communities with hills, their development regulations, and actual developments m a hilly area Commissioner Proli made a motion for a workshop, seconded by Commissioner Solis The vote was unanimous to have a workshop There being no further busmess,the meeting was adjourned at 7 54 pm All.r.deati, _,AL KildrrniP-Pleel'AD. •"C-k ones, Chairm. ATTEST c-2.-0..1.—Lii..ALSt...? Rae Chidlow—Plannmg Specialist FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD COUNCIL COMMISSION AUTHORITY OR COAMIRTEE 14 r10 RAR IThD 11-IA 'P E 2 C Ltix_rvo4 MAIUNO ADDRESS THE BOARD COUNCIL,COMMISSION AUTHORITY OR COMMITTEE ON ,�,7r{ a myky !O WHICH I SERVE IS A UNIT OF COUNTY —' , J J MY 0 COUNTY O OTHER LOCAL AGENCY C LEkm d NAME OF POLITICAL SUBDIVISION DATE ONH wVOTE OCCURRED 'r MY POSITION IS. G./rift lo ELECTIVE $1. APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county city or other local level of government on an appointed or elected board council commission,authority or committee It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112 3143 Florida Statutes Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position For this reason please pay close attention to the Instructions on this form before completing and filing the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 3143, FLORIDA STATUTES A person holding elective or appointive county, municipal or other local public office MUST ABSTAIN from voting on a measure which would Inure to his or her special private gain or loss Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal(other than a government agency)by whom he or she is retained (including the parent,subsidiary or sibling organization of a principal by which he or she is retained),to the special private gain or loss of a relative or to the special private gain or loss of a business associate Commissioners of community redevelopment agencies(CRAs)under Sec. 163 356 or 163 357 F S and officers of independent special tax districts elected on a one-acre one-vote basis are not prohibited from voting in that capacity For purposes of this law a relative'includes only the officer's father,mother,son daughter,husband wife,brother,sister,father-in-law, mother-In-law son-In-law and daughter-In-law A business associate'means any person or entity engaged In or carrying on a business enterprise with the officer as a partner,Joint venturer coowner of property,or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange) ELECTED OFFICERS in addition to abstaining from voting in the situations described above you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your Interest in the measure on which you are abstaining from voting and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing end filing this form with the person responsible for recording the minutes of the meeting who should incorporate the form in the minutes APPOINTED OFFICERS Although you must abstain from voting in the situations described above you are not prohibited by Section 112 3143 from otherwise participating In these matters However you must disclose the nature of the conflict before making any attempt to influence the decision whether orally or in writing and whether made by you or at your direction IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting who will incorporate the form in the minutes (Continued on page 2) CE FORM 813-EFF 112013 PAGE 1 Adopted by reference In Rule 34-7 010(1)(1) FAC