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07-01-2008 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION July 1, 2008 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday July 1, 2008 at 7:05 p.m. by Chairman David Pape. Members present were Bernadette Dubuss, Nick Jones William Gray, Judy Proli and Cuqui Whitehead. Also in attendance were Jim Hitt, Planning Director, Curt Henschel and Barbara Hollerand, City Planners, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held June 3, 2008 were approved as written. REPORTS Jim Hitt stated that Imagine Schools is requesting a continuance to a future date. Commissioner Dubuss moved to approve the continuance to a future date, seconded by Commissioner Whitehead. The vote was unanimous. Mr. Hitt stated that Ladybird Academy has withdrawn their application. 1. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Jones Auto Repair OWNER /APPLICANT: Gerald A. Jones REQUESTED ACTION: A request for a CUP to allow the use of an automotive and truck repair service business in a C-1 Light Commercial District LOCATION: 611 W. Highway 50, (Southwest corner of S.R. 50 and Lake Avenue) EXISTING LAND USE: Non-conforming automotive and truck repair service FUTURE LAND USE DISTRICT: Non-Established District 3 (NED-3) FUTURE LAND USE CLASSIFICATION: Commercial EXISTING ZONING: C-1, Light Commercial District Planning Director Jim Hitt stated that the applicant has requested to operate an automotive and truck repair service within a C-1 Light Commercial Zoning District. According to Sec. 122-204 of the Clermont Land Development Code, this use requires approval of a Conditional Use Permit. He stated that the automotive and truck repair service has been operating on this site in non-compliance of apre-existing CUP. Mr. Hitt stated that the owner wishes to redevelop the site as shown by the attached site plan, which incorporates site improvements which include: New 2,400 sq. ft. building, buffer wall, landscaping, entrances, underground retention, parking spaces sized per code, dumpster enclosure, sidewalks on Lake Ave. and Chestnut Street. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 1, 2008 Page 2 Mr. Hitt said this automotive and light truck repair service would be limited strictly to cars, SUVs, vans, and small utility trucks that can park in a normal 10' x 20' parking space. He stated that no large semi-truck repairs shall be permitted due to site space limitations. Mr. Hitt stated the applicant will also be requesting six variances which include the following: Reduced landscape buffer along east street side (Lake Ave.), 15' to 3.25'-10.7'; and 15' to 14.4' on south side (Chestnut St.), landscape buffer reduction along west side - 10' to 7.8', building setback reduction for new building - 12' to 7.8', landscape buffer reduction along north (S.R. 50) - 20' to 5', parking space reduction - 25 to 14, landscape island reduction -less than 300 sq. ft. or no terminal islands. Mr. Hitt stated that the staff recommends approval of the requested CUP for an automotive and truck repair service business at 611 W. Highway 50. Attorney Fred Morrison, Leesburg, stated that they had come before the Board previously for the comprehensive plan change to allow this land use. He stated that this new building will be an improvement to the property. He stated all the items that are now outside will now be inside a building. He said there will be paved parking with underground water retention. He stated there will be some landscaping where now there is none and there will also be a dumpster enclosure. He stated the one issue left unresolved is the six foot wall the city is requesting. He stated that if they put a six foot wall around the property it will look like a fortress. He stated that there may be some justification for a wall along Chestnut Street because of the residential behind there. He stated that they would like for the Board to recommend to City Council to eliminate the wall completely because they feel the landscaping will provide enough screening from the residential. He is stated that they would like to use PVC fencing along the property in the front where the neighbor doesn't have a problem with Jones Auto Repair. Commissioner Whitehead stated she feels the wall is necessary especially along Chestnut Street for a barrier to the residences. She stated she does not have an issue with the reduction of the wall but not the elimination. She stated that she would like to see a condition added that there are no car sales on this property. Commissioner Proli stated she is happy to see they are making improvements. She asked what was going to happen to the building in the front that already exists. Mr. Morrison stated all the storage outside will be moved into a 2400 square foot building so the clutter will be cleaned up, but the pre-existing building will not be modified with the exception of possibly being painted. Chairman Pape stated that he is happy to see that improvements being made to the property. He stated that he does not have an issue with the reduction of a wall. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 1, 2008 Page 3 Commissioner Gray stated that he commends Mr. Jones and staff for finding a resolution for this property. He asked why staff is using the word "wall" rather than fence or screen. Mr. Hitt stated that a wall is more permanent and you don't have to worry about the maintenance. Commissioner Gray asked if there had been any consideration given for using hedge as a screen. Mr. Hitt stated that hedges are a maintenance issue. He stated they are small when you first plant them and it takes a number of years to get a good hedge going. Commissioner Gray stated that maybe as an end result they can find something more decorative than fortress looking. Commissioner Jones stated he would rather see the money that it would cost to put up a masonry wall be put towards improvements to the existing site and building. Commissioner Dubuss asked about the storage of chemicals in the new building. Mr. Hitt stated that the Fire Department is part of the site review committee and that issue would be brought up during site review. Chairman Pape stated he would rather see no fence rather than a white PVC or vinyl fence. Commissioner Proli suggested maybe another color fence and something more attractive could be used instead of a block wall. Commissioner Gray moved to approve the request, seconded by Commissioner Whitehead. The vote was unanimous to recommend for approval to City Council. 2. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Alan Pool APPLICANT: James Wheeler REQUESTED ACTION: Request for a Conditional Use Permit (CUP) to allow a church facility in the Central Business District. LOCATION: 830 W. Montrose Street. EXISTING ZONING: CBD (Central Business District) EXISTING LAND USE: Vacant office/ business space (3,200 sq. ft.) FUTURE LAND USE DISTRICT: Established Business District -1 (EBD-1) FUTURE LAND USE CLASSIFICATION: Central Business District City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 1, 2008 Page 4 City planner Curt Henschel stated the applicant intends to establish a church at an existing downtown business plaza. Mr. Henschel stated that the church is looking to occupy a 3,200 square foot space available in the downtown business district. He stated that the church intends to have 90 seats for services that will operate Sunday afternoon and Wednesday evenings from 7:00 to 8:30 P.M. Mr. Henschel stated that with the existing businesses operating at normal business hours, and the church operating at "after business hours", staff believes there will not be any parking issues on or off site. He said the property owner does have onsite parking for the existing businesses and the proposed church. Mr. Henschel stated that it will be recommended by staff that conditions be placed upon the CUP not to exceed three years. He said a time limit of three years will give the church time to develop its congregation and expand out to a more accommodating location and building. Mr. Henschel stated that the staff recommends approval of the request for a CUP to allow a church at 830 W. Montrose St. with the following conditions. James Wheeler, 540 Lake Sumner Dr. Groveland, stated this is an opportunity to start a family of faith. He stated they currently have no more than 25 members in their congregation. He stated they do not anticipate any impact on parking issues for now. He stated there are no Sunday afternoon services planned, only 10:00 am - 11:30 am and Wednesday services. Tammy Nelson, 838 W. Montrose St., stated that the church hours will be the same time as the Downtown Farmer's Market on Sunday mornings. She stated that the Farmer's Market takes up all the parking available on Montrose Street as well as the parking by the Library and behind the building. She stated that on Wednesday evenings there is another business that offers financial planning seminars attended by 30 to 50 people that can also create some parking issues. Commissioner Dubuss asked staff about the parking issues that Ms. Nelson commented about. Mr. Henschel stated that this downtown building owner has parking onsite in the rear. He stated that all the parking on Montrose Street is all public parking. Commissioner Jones asked if there will be a fire wall and if the applicant is aware of that. Mr. Henschel stated that yes they will have an interior build out, and they would be informed of what will need to be done. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 1, 2008 Page 5 Commissioner Proli stated that she was concerned about the parking, but knows that the downtown area wants to grow. She asked if they could put up signs for their onsite parking that states "reserved for church parking only." She asked how many parking spaces are available. Mr. Henschel stated that yes the parking behind the building could be reserved for the church. He stated that there are approximately 20 plus spaces. Commissioner Proli stated that they are expecting 90 members, so they would need more parking. Mr. Hitt stated that they will have public parking on the street and at the Library. Commissioner Whitehead stated that she does not like having empty buildings in the downtown area. She stated that putting a church in there on Sunday that would help the Farmer's Market. She stated that it will be an opportunity for the Farmer's Market and would enhance the downtown area. Commissioner Jones stated that this should be a temporary location. Mr. Wheeler stated that they agree with the condition of a three year maximum. He stated that this is a starting point for their church and it is not his intent for this to be a permanent location for his church. Commissioner Gray stated that the market is set up between 7th and 8th Streets on Montrose Street. He stated that this location is west of 8th Street so the street parking would be available for first come first serve. He stated there is a lot on 7th Street south of Montrose that he parks in every Sunday when he goes to the Farmer's Market that is never filled so he does not feel the parking will become an issue. Commissioner Whitehead moved to approve the request, seconded by Commissioner Dubuss. The vote was unanimous to recommend for approval to City Council. 3. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Watson Realty Corp. APPLICANT: Sherri Fragomeni PROJECT NAME: Ladybird Academy REQUESTED ACTION: Request for a CUP to allow a daycare facility in the C-2 (General Commercial) Zoning District. LOCATION: North side of the Watson Realty building on Hancock Rd. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District 5 (UD-5) City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 1, 2008 Page 6 FUTURE LAND USE CLASSIFICATION: Commercial EXISTING ZONING: C-2 (General Commercial) This item was withdrawn. 4. REQUEST FOR REZONING Ord. No. 597-M Rezoning PROJECT NAME: South Lake Medical Arts Center OWNER: South Lake Medical Arts Center, LLC APPLICANT: Jimmy Crawford REQUEST: Rezone 12+/- acres from R-3 to C-1 LOCATION: South west corner of Oakley Seaver Dr. and Citrus Tower Blvd. EXISTING LAND USE: Professional Office FUTURE LAND USE DESIGNATION: Undeveloped District 5 (UD-5) 5. REQUEST FOR CONDITIONAL USE PERMIT OWNER: South Lake Medical Arts Center, LLC APPLICANT: Denham Engineering, Inc PROJECT NAME: South Lake Office Plaza REQUESTED ACTION: A request to amend CUP resolution #1485 to add commercial/ retail sales. EXISTING ZONING: R-3 SIZE OF PARCEL: 12 +/- acres GENERAL LOCATION: Southwest corner of Oakley Seaver Dr. and Citrus Tower Boulevard. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District 5 (UD-5) FUTURE LAND USE CLASSIFICATION: Residential /Professional Office Mr. Hitt stated that the applicant for request # 4 and 5 has withdrawn. 6. REQUEST FOR SMALL-SCALE COMP PLAN AMENDMENT Imagine Schools APPLICANT: Administrative REQUESTED ACTION: Request to change the future land use from County Rural to UD-7 Public Facilities/Institutional. Item was continued. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 1, 2008 Page 7 7. REQUEST FOR COMP PLAN AMENDMENT Public Schools Facilities Element (and Related ICE and CIE Amendments) APPLICANT: Administrative -Barbara Hollerand REQUESTED ACTION: Transmit the proposed Public Schools Facilities Element and related changes to the Intergovernmental Coordination and Capital Improvements elements The City has developed a Public Schools Facilities Element for its comprehensive plan in response to requirements of state legislation known as Senate Bi11360, enacted in 2005. Also called the "Pay-as-You-Grow Plan," the new requirements call for counties, municipalities and school boards to coordinate planning efforts to ensure that school capacity at the adopted level of service standard is available at the time of the impacts of development. To further this directive, the cities in Lake County adopted an interlocal agreement with the County and the Lake County School Board in 2006 that provided a framework for establishing a level of service for public schools facilities and implementing school concurrency. The agreement is attached and is labeled as "Exhibit A." The Florida Department of Community Affairs (DCA) has provided local governments with Best Practices and other assistance during the last three years. In September 2005, Lake County was selected as a pilot community for the state's school concurrency initiative. Representatives from the 14 local governments in Lake County have met regularly to develop a draft element and related documents. Recently, the City Council of the City of Mount Dora transmitted its Public Schools Facilities Element and related data and analysis to DCA for review. DCA provided comments to Mount Dora that have formed the basis for other Lake cities' draft elements. The City of Clermont's Public Schools Facilities Element incorporates the language and data and analysis outlined by DCA in its review of Mount Dora's element. The data and analysis that will be provided to DCA in support of the City of Clermont's element is attached and is labeled as "Exhibit B." Two existing elements are affected by the creation of the Public Schools Facilities Element. Additions and edits to the City's Intergovernmental Coordination and Capital Improvements elements are also included with the proposed transmittal package. These new policies and changes to existing policies refer back to the Public Schools Facilities Element and the interlocal agreement. The level of service for public schools facilities is included in the Capital Improvements Element as well as a summary of Lake County Schools' capital improvements program and summary of estimated revenue. These data were provided by the Lake County City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 1, 2008 Page 8 School District in its adopted 2008-2012 Capital Improvement Program -Five Year Facilities Master Plan. The City of Clermont has been an active participant with Lake County Schools, Lake County and its neighboring local governments in participating in the Lake County pilot program for developing a school concurrency program. The proposed Public Schools Facilities Element and related element changes will serve as a guide for the City in its review of future development proposals and their impacts on local schools. Staff recommends approval of the Public Schools Facilities Element and the changes to the Goals, Objectives and Policies of the Intergovernmental Coordination and Capital Improvements elements. Commissioner Jones moved to approve the request, seconded by Commissioner Whitehead. The vote was unanimous to recommend for approval to City Council. 8. REQUEST FOR COMPREHENSIVE PLAN AMENDMENT APPLICANT: Administrative -Barbara Hollerand REQUESTED ACTION: Add policies to the Future Land Use, Transportation, Intergovernmental Coordination and Capital Improvements elements that addressed Level of Service standards for major arterials and establish the City's participation in the Lake-Sumter Metropolitan Planning Organization Transportation Concurrency Management System. This amendment affects four different elements in the City's adopted comprehensive plan. The changes update the Future Land Use, Transportation, Intergovernmental Coordination and Capital Improvements elements to reflect a change in the level of service for major arterials (S.R. 50 and U. S. 27) from level of service "C" to level of service "D". Additionally, changes to these elements have been made to reference the City's participation in the Lake-Sumter Metropolitan Planning Organization's Transportation Concurrency Management System and the City's adoption of its traffic study methodology. Metropolitan planning organizations are created by federal law to provide local input for urban transportation planning and allocation of federal transportation funds. The Lake-Sumter Metropolitan Planning Organization (MPO) was established in 2004, after the 2000 U.S. Census determined that the urbanized areas around Leesburg, Eustis and .Lady Lake had exceeded a population of 50,000. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 1, 2008 Page 9 The 14 municipalities in Lake County have been working with the MPO board and staff during the last several years to streamline the transportation planning process and, where possible, to bring consistency in transportation planning practices and methodologies. The MPO's newly adopted Transportation Concurrency Management System (TCMS) has been the collaborative effort of planners in local government throughout the County. Using a consistent traffic study methodology, the County-wide TCMS will enable local governments to account for the cumulative impacts of adding new vehicle trips from all proposed developments to affected roads. A uniform level of service standard among the system participants is required for the TCMS. At level of service "C", the City's major arterials (S.R. 50 and U.S. 27) were inconsistent with the level of service for these roads in other jurisdictions. By changing the level of service to "D" to achieve consistency, the City is able to participate in the system. Additionally, the use of a uniform Transportation Concurrency Management System facilities the determination of Transportation Proportionate Fair Share for new developments, which are required to mitigate for the impacts of the additional traffic their developments bring to the roadway network.. It is appropriate to add additional policies to these four elements that reference the Transportation Concurrency Management System and further regional transportation planning efforts. Staff recommends approval of the text changes to the Goals, Objectives and Policies of the Future Land Use, Transportation, Intergovernmental Coordination and Capital Improvements elements. Commissioner Jones moved to approve the request, seconded by Commissioner Whitehead. The vote was unanimous to recommend for approval to City Council. 9. REQUEST FOR LAND DEVELOPMENT APPLICANT: Administrative -Jim Hitt REQUESTED ACTION: Land Development Code amendments -Chapter 90 Concurrency Management, Section 90-6 and 90-7 The Metropolitan Planning Organization (MPO) Governing Board Members and Administrators recently adopted the Traffic Impact Study Methodology Guidelines document for Lake County. Ordinance No. 360-C is the needed amendment to the Clermont Land Development Code which will enact these study requirements. A Traffic Impact Study had been required for previous developments within Clermont, however these updated requirements will be adopted by all Lake County municipalities as a way to collectively coordinate all transportation trips within the City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 1, 2008 Page 10 Transportation Concurrency Management System (TCMS). The TCMS was previously approved by Clermont City Council as part of an Interlocal Agreement. These guidelines simplify the review system and include the MPO as the primary reviewer for all traffic studies in Lake County. FDOT will also review studies that impact state rights-of--way. It is staff's belief that this amendment is needed and is proactive in the review of plans for the future of Clermont. Commissioner Jones moved to approve the request, seconded by Commissioner Whitehead. The vote was unanimous to recommend for approval to City Council. There being no further business, the meeting was adjourned at 8:15. ATTEST: F.l~, Rae Chidlow -Administrative Assistant