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05-07-2019 P&Z MinutesCity of Clermont MINUTES PLANNING AND ZONING COMMISSION May 7, 2019 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday, May 7, 2019, at 6:30 pm by Chairwoman Cuqui Whitehead. Members present were Herb Smith, Ebo Entsuah, Julie Santos, Max Krzyminski, Tony Hubbard and David Colby. Also present for City staff were Attorney D. John Morgerson, Jr., Development Services Director Curt Henschel, Planning Manager John Kruse, Senior Planner Regina McGruder and recording secretary, Lori Crain. Absent was City Attorney Dan Mantzaris. Chairwoman Whitehead reviewed the fact that the Planning and Zoning Board is a recommending body and does not make the final decision. That is the duty of the City Council. She then asked Attorney Morgerson to introduce himself. He is an attorney with the same law firm that City Attorney Dan Mantzaris is partner with and is sitting in Mantzaris' absence. MINUTES of the Planning and Zoning Commission meeting held April 2, 2019, were approved as written in favor by vote of all members. Commissioner Smith made the motion and Commissioner Entsuah seconded. Vote passed 7-0. REPORTS: Commissioner Entsuah reported that he attended the Commissioners' Cup charity softball game between Lake County Sheriff's Office and Clermont Police Department last weekend. It was a great turn -out for the event and money was raised for a local fallen officer's family. Commissioner Colby congratulated Chairwoman Whitehead who was recognized during the previous weekend's Caribbean Jerk Festival held at the Waterfront. Whitehead was the first Hispanic Woman to be president of the event in previous years. Commissioner Krzyminski mentioned the Girls on Fire 5k and Mothers' Day Celebration coming up May 11 & 12, 2019, in Clermont. NEW BUSINESS ITEM #1 SENNINGER REZONING REQUEST: To consider ordinance to rezone 12+/- acres from Lake County Industrial to City of Clermont Industrial. Applicant: Appian Engineering, LLC Page 2 Planning Manager Kruse presented staff report. The applicant, represented by Major Stacy, is requesting a rezoning to the M-1 Industrial District land use from Lake County Industrial for 12+/- acres located south of SR 50, north of CR 455 extension, west of Good Hearth Boulevard. This request is being heard concurrently with requests for annexation and a large-scale comprehensive plan amendment to the Industrial Future Land Use. The property has been historically used for industrial uses in the production of equipment in the irrigation industry and will continue to do so in the future. The Senninger manufacturing plant is located adjacent to this parcel to the west, which currently has a zoning of M-1 Industrial in the City of Clermont. Staff has reviewed the applicant's proposal and finds the proposed zoning at this location is compatible with the uses in the area. The requested M-1 Industrial zoning is consistent with the City's Comprehensive Plan and recommends approval of Ordinance 2019-20 for a rezoning to the M-1 Industrial designation. Major Stacy, 2221 Lee Rd, Suite 27, Winter Park, FL 32789, stated the applicant agrees with the Staff report and is available for any questions. Chairwoman Whitehead opened the floor up to the audience. There was no one there to speak. Chairwoman Whitehead closed the public portion of the hearing and returned it to the Board. Commissioner Entsuah requested clarification between this area and the Wellness Way area. Kruse advised there will be a road eventually connecting the two areas. Chairwoman Whitehead entertained a motion for item 1. Commissioner Colby moved to. approve Ordinance 2019-20; Commissioner Hubbard seconded. All voted in favor. Motion passed 7-0. ITEM #2 CROSSING CHURCH CONDITIONAL USE PERMIT REQUEST: To consider Condition Use Permit to allow for master planned church facility in the UE Urban Estates zoning district for property located at 2715 Old Highway 50. Applicant: Crossings Church Senior Planner, Regina McGruder presented staff report. The owner, The Crossing Church, is requesting a Conditional Use Permit for a church and associated ministry uses in the UE Urban Estate Zoning District. The Land Development Code, Section 122-83 allows a church use with a Conditional Use Permit. The church acquired the property in 2010 with the intent of construction of a new church and multi -purpose facility to serve the congregation and community. The site is over 18 acres in size, with approximately one-third consisting of the floodplain, wetlands and open water body (Blacks Lake). The property was annexed into the City in 2013. The Future Land Use is Public Facilities/Institutional. The City Council approved on February 23, 2016, a Conditional Use Permit to allow a new church facility with associated ministry uses as identified in the Master Development Plan for Phase Page 3 1 through Phase 4 with a required amendment to the CUP to allow for construction of Phase 5 and 6 of the Master Plan. The approved Conditional Use Permit has expired due to no substantial construction work on the site. When evaluating a request for a Conditional Use Permit, Section 86-144 of the Land Development Code requires specific development standards and provisions are met. Staff has reviewed the CUP application as submitted and finds the proposed use does meet the general criteria. Therefore, staff recommends approval of the Conditional Use Permit with the conditions contained in Resolution No. 2019-13R. Kendal Anderson, Pastor, 12248 Lake Valley Dr, Clermont, FL 34711, spoke as the applicant/owner. He's been pastor of the Crossings Church for 13 years. They have been meeting for the last 8-9 year and still currently meet at East Ridge High School. They purchased the area eight years ago. He describes the property and ministry as "Sacred space and community place." Part of Crossings Church dream is to make their campus available for other community organizations to utilize the space. They had to come up with a different site -plan but the current one will work better for them. They've decided they want to have Phase 6 done sooner than initially planned so it is now moved up in priority. Anderson asked if the phases had to be done in original order or if they can be changed. Chairwoman Whitehead replied that this would be up to the City Council to decide. Senior Planner McGruder confirmed this and also that Phases 1-4 are up for approval tonight but will have to come back for Phases 5 & 6. Chairwoman Whitehead opened the floor up to the audience. There was no one there to speak. Chairwoman Whitehead closed the public portion of the hearing and returned it to the Board. Commissioner Hubbard asked Anderson how big of a congregation they had. Anderson advised they are still small, currently around 120. Commissioner Colby asked Anderson to explain the traffic situation. Anderson stated they will be adding a right-hand deceleration lane and a left-hand turn lane coming from the East. Anderson further explained that the City will probably have them loop the driveway around. McGruder confirmed there were concerns when they first came to the City's site -plan review and that they will be required to do a Traffic Study due to the size and number of buildings going on the property. Chairwoman Whitehead asked if emergency vehicles will be able to get in and out. McGruder answered that was why the loop had to be paved as well as the aisles because if there's ever an emergency there has to be a solid surface for the firetruck. Commissioner Entsuah asked who the grove in front of the building area belongs to. Anderson answered that the church owns it. Anderson stated he was told that someone had a question about the church's income and how that worked. He displayed publication 18-28 from IRS that states churches and non -profits or other tax exempts are allowed to participate in income -producing activities and they have to pay taxes on that income unless it meets any of the exceptions. The church meets the first exception that the work is all done by volunteers. They maintain their own grove and do not have to pay taxes. He further stated they are compliant with the IRS. Page 4 Chairwoman Whitehead entertained a motion for item 2. Commissioner Hubbard moved to approve Ordinance 2019-1311; Commissioner Smith seconded. All voted in favor. Motion passed 7-0. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 7, 2019 There being no further business, the meeting was adjourned at 6:56 p.m. la I � � - 4 6 &4�1- -� 04 - Cuq i Whitehead, Chairman ATTEST: ,4Q -'c rr�— John E. Kruse — Senior Planner