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 Hitt stated that Ladybird Academy has withdrawn their application.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
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PLANNING AND ZONING COMMISSION
July 1, 2008
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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
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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
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PLANNING AND ZONING COMMISSION
July 1, 2008
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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.
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PLANNING AND ZONING COMMISSION
July 1, 2008
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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
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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.
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PLANNING AND ZONING COMMISSION
July 1, 2008
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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
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PLANNING AND ZONING COMMISSION
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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.
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PLANNING AND ZONING COMMISSION
July 1, 2008
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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
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PLANNING AND ZONING COMMISSION
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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