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. Box 120219
Clermont, FL. 34712-021 9
(352) 394-4083 Fax: (352) 394-3542
119W
$t mR? t9 ,�`�"i.:. a ,h:.v 4�ir -_ � a r t. ti. t. � �.K _ i � z 44•'�a �a
° fit• � t x � � .�
FIE
' �tt,� Y ` yak; S d'•
���
e `r < sr "yTlgyz� 5a
� �. tie - ; � �h r ..:.:� n'` �~' � t t- ,� n �•� K "e i" -} ��. �„n � � "fi { �r ��� ;.
' .aP
+Kt.'73�k• "d* 'fit ta.! _ „fq R 4 'p> .aF'�.s it• f
Mk +t I
H5R
t' )
-. a�•r
ffiti
.i• ffi
1_ J�
fs r
r Nlr � i
•..n �,y4llx t i
'.y���: `.t P� t:�;W '�ItSCre 1� l�.JV'�`. yF �,♦ '.
a + w
G-
p=
r. }
Ww
� f
d AI # 11
.
r
))rya S 1 )
4 1Srx .`^R;Alm
as C }: �p34`j,.. '! � �,,� ..;�,4 }'�' �, •�
`�+���'' d� 'y t �,� � � � ` z• ri !fj`1 t t� • S-. t s; jt r -I
�ia"� '' # � i� � �+�y�` � � >I � fF�. � � }fit e ° �• kt ��i �' `�
''a`a `�}L;t k,,+�4a3�d•rt*�.hy ..,* ' ,. ,,
K _ yr • +„we y _- xt •,�f "� ,�.. r �' `� x
r ,�� - a �•+. n i �+ r>�� •�� � �" ��3r tit.<��� `��S L a7 d`'L �ctb� '� `�
i � s«P.s' •. f.. tom..* -'t t . ." •d � � '` .
'� �,. .- �� � r '.. ire �" � .�. � Y � ° � 5� ,t• �- ". ;}�
# i b
.¢ 1 Y'�•k y �• .
d �. r.yf(. ,{t't}, 'Qn'�•y'�. -,fit.. -
:�' x T
Sw h W�
: `�� , .T7"� s"'a�r�7C''�'s,xiyYy� fia� '•�'' ._ ':P*'e r icy
1t i