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02-01-2011 Supporting DocumentsCITY OF CLERMONT PLANNING AND ZONING COMMISSION AGENDA 7:00 P.M., Tuesday, February 1, 2011 City Hall — 685 W. Montrose Street, Clermont, FL CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE MINUTES / Approval of the Planning and Zoning Commission Meeting held January 4, 2011. REPORTS Introduction of new Commission Member Director of Planning, Chairman, Commission Members NEW BUSINESS First Baptist Church - CUP Request for a Conditional Use Permit to allow a church recreational use in the R-1 zov-\QA Low Density Residential zoning district Lv_�6 I located at the southeast corner of Hartwood Marsh Rd. and Hancock Rd. Discussion of Non -Agenda Items }O P� ADJOURN ANY PERSON WISHING TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING COMMISSION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS. FOR THAT PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), IF ANY PERSON WITH A DISABILITY AS DEFINED BY THE ADA NEEDS SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING, THEN NOT LATER THAN TWO (2) BUSINESS DAYS PRIOR TO THE PROCEEDING, HE OR SHE SHOULD CONTACT THE PLANNING & ZONING DEPARTMENT AT 352-394-4083 Ext. 302. City of Clermont MINUTES PLANNING AND ZONING COMMISSION January 4, 2011 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday January 4, 2011 at 7:00 p.m. by Chairwoman Cuqui Whitehead. Other members present were Nick Jones, Judy Proli, and Raymond Loyko. Also in attendance were Jim Hitt, Planning and Zoning Director, Barbara Hollerand, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held December 7, 2010 were approved as written. REPORTS There were no reports. 1. REQUEST FOR SMALL SCALE COMP PLAN AMENDMENT REQUEST: Small Scale Comp Plan Amendment — Ord. No. 2011-03-M PROJECT NAME: Bentley Commons OWNER: Bentley Commons -Clermont, LLC APPLICANT: Aspen Senior Living, LLC PARCEL SIZE: 9.06 acres +/- LOCATION: 13450 Paloma Road, south of Hooks Street, east of Citrus Tower Boulevard, west of Excalibur Road. EXISTING LAND USE: Vacant EXISTING FUTURE LAND USE: Lake County Urban EXISTING ZONING: Lake County Community Facilities District City Planner Barbara Hollerand stated that this item is a request for the Bentley Commons property. She stated that the vacant 9.06-acre property is located at 13450 Paloma Road, south of Hooks Street, east of Citrus Tower Boulevard, west of Excalibur Road. Ms. Hollerand stated that the owner is Bentley Commons -Clermont, LLC. She stated that the applicant is Aspen Senior Living, LLC, represented by attorney Tyler Van Voorhees of Reed & Archer. Ms. Hollerand stated that the property will be considered for annexation by the City Council January 25. Ms. Hollerand stated that the request is for a small-scale comprehensive plan amendment to change the Future Land Use from Lake County Urban to Residential/Office in the City. She stated that the property currently has Community Facilities District zoning in Lake County. Ms. Hollerand stated that Regional Office is the property's Lake County future land use designation in the adopted 2030 comp plan, not yet in effect. City of Clermont MINUTES PLANNING AND ZONING COMMISSION January 4, 2011 Page 2 Ms. Hollerand stated that to the east of the subject property is the 17-acre Bosserman property, which was annexed in February 2010 and granted the identical future land use change from Lake County Urban to Residential/Office in the City. She stated that to the south of the property is East Ridge Middle School. Ms. Hollerand stated that to its west are two vacant properties in Lake County with Urban future land use and R-6 Residential zoning. She stated that to the north of the property is a vacant parcel in the county with Agricultural Residential zoning and Urban future land use. Ms. Hollerand stated that although development plans are not finalized at this time, the owner previously has presented plans for Joint Planning Area review that proposed an assisted living facility on the property. She stated that at this time, however, a request for rezoning has not been made. She stated that upon annexation, the property will receive the default zoning of Urban Estate. Ms. Hollerand stated that the City Council in July 2010 approved the identical future land use change for the adjacent Bosserman property to the east. She stated that upon annexation, it is appropriate to assign this property a Residential/Office future land use in the City. Ms. Hollerand stated that staff recommends approval of the Future Land Use Map change. Tyler Van Voorhees, 779 W. Montrose Street, was present to answer any questions. Commissioner Jones moved to recommend approval for request of the small scale comprehensive plan amendment, seconded by Commissioner Proli. The vote was unanimous to recommend approval to City Council. 2. PROJECT NAME: OWNER: APPLICANT: REQUESTED ACTION LOCATION: EXISTING ZONING: EXISTING LAND USE: FUTURE LAND USE: REQUEST FOR CONDITIONAL USE PERMIT Clermont Hillside Terrace Clermont Hillside Terrace, LLC (Arlene Malik) Charles C. Hiott, P.E. Request for a Conditional Use Permit amendment (Res. No. 1472) to remove a parcel from the conditional use permit and clarify language for uses to include retail, professional & medical offices, personal service, lounge, financial institution and restaurant uses. 2400 S. US Highway 27 PUD (C-2) Clermont Hillside Terrace Commercial Planning Director Jim Hitt stated that the applicant is requesting a Conditional Use Permit (CUP) to remove Parcel "C" from the CUP. Parcel "B" is in bank foreclosure. He stated that with this proposed property change, the residential uses originally proposed but never built for Parcel "C" will be removed City of Clermont MINUTES PLANNING AND ZONING COMMISSION January 4, 2011 Page 3 from the CUP. He stated that any further development of Parcel "C" will require normal reviews in accordance with the Code of Ordinances. Mr. Hitt stated that on Parcel `B", the existing four buildings A, B, C and D have been completed, and buildings E, F, G and H have not been permitted (or built) yet. Mr. Hitt stated that as part of the development for the site, a total of 1,407 tree inches were deficient from the overall site which included Parcel `B" - buildings A, B, C and D, and Parcel "C". The 1,407 inches equals a minimum of 469 trees at the Code required three inch (3") caliper. He stated that the costs for the deficient inches/trees were to be paid into the City's tree fund. Mr. Hitt stated that to date 600 inches (200 trees) have been paid for (based on replacement tree costs as agreed upon with the City). He stated that prior to the permitting of any of the remaining proposed buildings E, F, G or H, or any further development on the site, the remaining tree inches must be paid for in full. He stated that tree costs for the remaining 807 inches (269 trees) and payment timeline are recommended to be negotiated with the City Manager's office. Mr. Hitt stated that all other conditions as previously approved in Resolution No. 1472 (Exhibit A) shall remain in effect where applicable, with the exception of Parcel "C", which will be removed from the CUP. Mr. Hitt stated that staff recommends approval of the request to amend the CUP removing Parcel "C" from the CUP along with tree inch payment requirements and remaining CUP requirements as applicable. Charles Hiott, 350 N. Sinclair Ave., Tavares, was present to answer any questions. Commissioner Jones asked if the whole property was in jeopardy of foreclosure or just that one parcel. Mr. Hiott stated that it does not affect Parcel "C" that is being removed from the conditional use permit. Commissioner Loyko moved to recommend approval of the request for the conditional use permit; seconded by Commissioner Jones. The vote was unanimous to recommend for approval to City Council. There being no further business, the meeting was adjourned at 7:16 pm. Cuqui Whitehead, Chairwoman ATTEST: Rae Chidlow — Administrative Assistant CITY OF CLERMONT PLANNING & ZONING COMMISSION February 1, 2011 CITY COUNCIL February 22, 2011 PROJECT NAME: First Baptist Church OWNER/APPLICANT: Pastor Ben Bond REQUESTED ACTION: Request for a CUP to allow a church recreational use in the R-1 Low Density Residential zoning district. LOCATION: 2745 Hartwood Marsh Rd. (southeast corner of Hartwood Marsh Rd. and Hancock Rd.) EXISTING LAND USE: Vacant lot FUTURE LAND USE: Low Density Residential ZONING: R-1 Low Density Residential SURROUNDING CONDITIONS: ZONING EXISTING LAND USE NORTH: R-1 Residential SOUTH: R-1 Residential EAST: R-1 Residential WEST: County R-6 Vacant FUTURE LAND USE DISTRICT Low Density Residential Low Density Residential Low Density Residential Lake County/Urban Expansion ROAD CLASSIFICATION: Hartwood Marsh - Collector UTILITY AREA: City of Clermont Water / Sewer SITE UTILITIES: City of Clermont Water / Sewer SITE VISIT: 1-14-11 SIGNS POSTED: By applicant. 1 of First Baptist Church - Rec. Field CUP ANALYSIS: N The applicant is requesting a Conditional Use Permit to allow a church recreational use in the R-1 zoning district. The First Baptist Church is proposing to construct one recreational ball field on its vacant 40 acre parcel. The following is a description from the applicant about the proposed events to be scheduled at the recreation field: Our current plans for our property on Hartwood Marsh Road are to construct an Upward flag football/soccer field. Upward flag football is played with about 7 players on each team on Saturdays from about 9 AM to 3 PM. The season should last about 8 weeks in September and October. The Upward soccer program is played with 2 games going on at the same time on the same field with about 6 members on each team. The games should be scheduled from about 9AM to 3PM each Saturday. The soccer program will last about 8 weeks in April and May. Practices for each league will be scheduled on weekday evenings before dark on Mondays, Tuesdays, and Thursday evenings. Both of these programs should help take some of the load off of city leagues and their fields. Construction of the field will only occupy a small portion of the 40 acre parcel. The parking for the field is proposed to be located along the northern property line, and a temporary port -a -potty (with screening) is also proposed. After the discussion at the July 27th Council meeting, staff and the applicant have proposed changes to the site to address the access and location of the ball field. Access to Hartwood Marsh Road is still a major concern for safe accessibility. Because Hartwood Marsh Road is a Lake County Road, proper access must also be approved by Lake County. 2 of First Baptist Church - Rec. Field CUP View of proposed driveway location '4* STAFF RECOMMENDATIONS: Staff recommends APPROVAL of the request for a CUP to allow a church recreational use on this R-1 Low Density zoned parcel. CUP CONDITIONS: Section 1 - General Conditions 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and successors in title or interest. 2. No expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 3. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building or structure, or alter the land in any manner within the boundary of the project without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 3 of First Baptist Church - Rec. Field CUP 4. Should this use cease operation for more than 2 years, a new CUP shall be required for a same or similar operation. 5. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 6. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by resolution. 7. The Conditional Use Permit must be executed and filed in the office of the City Clerk within 90 days of its date of grant by the City Council or the permit shall become null and void. 8. If, at a future date, parking at this site proves inadequate the applicant understands and agrees that the City may require additional parking or rescind this Conditional Use Permit. 9. If, at a future date, noise at this site proves to be a nuisance to the surrounding property owners, applicant understands and agrees that the City may require additional sound attenuation measures or rescind this Conditional Use Permit. 10. Right-of-way dedication shall be granted to the governing authority (Lake County or City of Clermont) when requested for right-of-way dedication and improvements to Hancock Rd. and/ or Hartwood Marsh Rd. 11. Driveway access apron must be paved in accordance with City engineering and Site Review Committee approval. 12. Hours of operation shall be limited to 9 a.m. to dusk. Lighting shall be prohibited at all times. 13. No outside PA systems including "bull horns" or similar systems shall be used unless approved through an amendment to the CUP. 14. Restroom Facilities (port -a -potty) shall be screened from public right-of-way with an opaque fence and landscaping to be approved by the City Site Review Committee. Section 2 - Land Use 1. 2745 Hartwood Marsh Rd. may be used as a church recreational use (one soccer /football field) in addition to any permitted R-1 uses. 4 of First Baptist Church - Rec. Field CUP CITY OF CLERMONT CONDITIONAL USE PERMIT (CUP) APPLICATION DATE: FEE: A& PROJECT NAME (if applicable): APPLICANT: F -, , l to CONTACT PERSO Address: City: Phone: E-Mail: -_,�AA OWNER: Ad Cii Phone; �lVeWto_k �b �:> Fax: mv�Ibc�'_w State: Zip: s Fax: Address of Subjec General Location: Legal Description (include copy of survey): Land Use (City verification required): Zoning (City verification required): �� 6 CITY OF CLERMONT CONDITIONAL USE PERMIT (CUP) APPLICATION Page 2 Detailed Description of request (What are you proposing to do and why is it appropriate R. Owner Name (a, iuvture) ******NOTICE****** IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE, IT WILL BE SUBJECT TO A DELAY ON PROCESSING AND WILL NOT BE SCHEDULED UNTIL CORRECTIONS ARE MADE. City of Clermont Planning & Zoning Department 685 W. Montrose St. P.O. 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