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02-03-2009 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION February 3, 2009 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday February 3, 2009 at 7:04 p.m. by Chairman David Pape. Other members present were Bill Banzhaf, Bernadette Dubuss, Robert Boyatt, Nick Jones, Bill Gray, Raymond Loyko, Judy Proli, and Cuqui Whitehead. Also in attendance were Jim Hitt, Planning Director, Curt Henschel, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. Raymond Loyko introduced himself. MINUTES of the Planning and Zoning Commission meeting held January 6, 2009 were approved as written. REPORTS Jim Hitt stated that there will be Comprehensive Plan Workshop scheduled for February 18, 2009 in the Council Chambers. Board member Whitehead invited everyone to join every Thursday at 6:00 pm in the Council Chambers to plan the 125th Celebration. 1. REQUEST FOR CONDITIONAL USE PERMIT PROJECT: Blessed Sacrament Catholic Church OWNER: Jesus & Ana Quintana APPLICANT: Thomas G. Wenski, Bishop of the Diocese of Orlando REQUESTED ACTION: Request for an amendment to a Conditional Use Permit (CUP) to add new property and building to the CUP LOCATION: 1170 Desoto St. (property to be added to CUP) - N.E. corner of Desoto St. and Twelfth St. SIZE OF PARCEL: 13.14 acres total (0.54 acres to be added to CUP; Existing: 8.1 ac developable acres, 4.5 acres wetland) EXISTING ZONING: R-3, Residential/Professional District EXISTING LAND USE: Multi-family unit residential building FUTURE LAND USE DISTRICT: NED-6, Non-established District FUTURE LAND USE CLASSIFICATION: Residential Planning director Jim Hitt stated that the applicant is requesting to amend the Conditional Use Permit (Res. No. 1295) to add a 0.54 acre parcel to the Conditional Use Permit. He stated that the building is currently used for multi-family residential and is planned to be converted for church use as offices, meeting space, adult Sunday school space and other church uses. Mr. Hitt stated that one variance will be requested for a reduction in parking for the existing buildings. He stated that any proposed uses will be required to meet the Clermont Land Development Code, and - - ~ City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 3, 2009 Page 2 the property will need a small scale land use plan amendment to change it to Institutional to match the church use. He stated that this site is directly east of the existing church facility and similar to other downtown churches with facilities across a street. Mr. Hitt stated that staff recommends approval of this request for an amendment to the Conditional Use Permit to add this site to the existing Conditional Use Permit. He stated that all conditions for development and use are to be included within the Conditional Use Permit conditions. Chris Hamilton, 200 S. Orange Ave, Orlando, stated that they have changed their use for that property so they will not need to complete the small scale land use amendment. There were no questions or concerns pertaining this conditional use permit request from the public or Commission. Commissioner Gray moved to approve the request for the Conditional Use Permit, seconded by Commissioner Banzhaf. The vote was unanimous to recommend for approval to City Council. 2. REQUEST FOR A CONDITIONAL USE PERMIT OWNER/ APPLICANT: Clermont - Groveland Elks Lodge #1848, Inc. REQUESTED ACTION: Request for a CUP to allow a business to occupy over 3,000 square feet in the Central Business District. EXISTING ZONING: CBD (Central Business District) LOCATION: 706 West Minneola Ave. EXISTING LAND USE: Elks Lodge FUTURE LAND USE DISTRICT: Established Business District 1 - (EBD-1) FUTURE LAND USE CLASSIFICATION: Central Business District City planner Curt Henschel stated that the applicant intends to expand the existing Elks Lodge in the downtown central business district. The Elks lodge does not have a conditional use permit. He stated that any expansion of the building would create the need for a new Conditional Use Permit, because the building is greater than 3,000 square feet and within the Central Business District. Mr. Henschel stated that the current building is 6,600 square feet and does not have an outdoor patio for members to use. He stated that the proposed expansion will consist of a 1,200 square foot screened porch located on the front of the building. He stated that the proposed porch will not extend past the current building setbacks. Mr. Henschel stated that the applicant will also be requesting a variance to the overall parking requirement. Mr. Henschel stated that staff has concerns over parking accommodations with the limited number of on-site parking spaces, and overall public parking in the area. City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 3, 2009 Page 3 Mr. Henschel stated that due to the fact that the City of Clermont's public parking lot is located adjacent to the property, and there is on street parking in front of the business, staff recommends approval for the request for a lodge greater than 3,000 square feet at 706 West Minneola Ave. Craig Bishop, 11107 Versailles Blvd., stated that the issue with item #9 was it wasn't clear to them what public cross-over meant. He stated they met with Mr. Saunders and stated that the interpretation of public cross-over was the Elk's would be giving up the use of the parking lot for any private function. He stated the members or the theatre uses the parking lot for an event of their own and the Elk's allows for that to happen, but with this condition will stop that from happening if they sign under those terms. He stated that they are looking for a more clear interpretation, it is their parking lot and they want to use it as their parking lot. He stated that they have always allowed the City to use the parking lot and they will continue to allow the City to use the parking lot, but if they sign the CUP as it is written now, they are basically giving the parking lot away. Chairman Pape asked how the Elk's Lodge would like for the #9 condition to be worded. Mr. Bishop stated to rewrite #9 and he does not see a problem with public cross-over, however they do have a problem with the dictating when they can use the parking lot for a private function. Planning director Jim Hitt stated that staff's original purpose for adding in the condition of the cross- over for the parking lot is because it has been used for a dual use with the City and the Elk's. He stated that the Elk's can use the City's parking which is right next door and the City can use the Elk's. He stated that he can rewrite it possibly to say that the Elk's Lodge shall allow public cross-over parking when an Elk's function is not dictating otherwise. Mr. Bishop stated that is close to what he is looking for, however they do not want to be restricted to just the Elk's functions. He stated that if a neighbor of theirs has a function and the Elk's allows them to use their parking then they should be allowed to give them that access. Chairman Pape stated that Mr. Hitt and Mr. Bishop could work on some wording that would work for both parties between now and the February 24`" Council meeting. Mr. Hitt and Mr. Bishop both agreed. Board member Whitehead stated that she had a problem with condition #9 because it is the Elk's property. She stated that if they can come to an agreement she has no concerns with this item. Board member Loyko stated he had the same concern as Ms. Whitehead about dictating the use of their parking lot. City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 3, 2009 Page 4 Board member Gray asked Mr. Mantzaris what the ratifications are of a private landowner allowing people to cross their property over a length of time. He stated that there could be an issue of them losing the property. Mr. Mantzaris stated that as long as they consent to allowing the general public to access their parking lot then they cannot lose their property rights because of that. Board member Gray asked how many point of access are there to the City owned parking lot. Mr. Henschel stated there were two, one from Montrose and one from Minneola. Board member Gray stated that he does not see the need for cross-over parking as stated. Mr. Henschel stated that the City always looks for cross-over parking with projects. Board member Jones asked what hardships would be imposed on the Elk's as far as having functions there and asked about issues between the Elk's and the theatre. Mr. Bishop stated that they do not have any conflicts with the theatre. He stated that it was explained to them that if they signed the conditional use permit in its present form they would be giving away the rights to close the parking lot or a portion of it for any Elk's event or anyone else's events. He stated that it would prove to be a hardship if they could not close off their parking lot for their events. Board member Boyatt stated that he does not see why the City needs any access to the Elks property. Board member Dubuss stated that she would be more comfortable about approving the conditional use permit if she knew what the amended language would be. Board member Banzhaf stated that he does not understand why #9 was put into the conditional use permit to start with. He stated that they were only getting a conditional use permit to add an addition to the outside for smoking so they could make the facility asmoke-free facility. Ann Dupee, 389 Division St., stated that if the property is sold it should not have any writing in the conditional use permit that restricted the Elk's from selling their own property. She stated the way it is written now it is a taken of private property rights. Mr. Mantzaris stated that there is a use that is existing in the City without a conditional use permit. He stated the City as the local government has absolute jurisdiction and a right that whenever an existing use without an appropriate permit, it is anon-conforming use. He stated that when they come back for any change or expansion then they are required to go through the conditional use process. He stated that if a new owner comes in, the restrictions should not impact the sale of the property because that new owner, unless they are doing the exact same thing the Elk's are doing, they will have to go through the City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 3, 2009 Page 5 conditional use process as well. He suggested language stating "the Elk's Lodge parking lot shall be available for use for vehicle parking by the general public except for those times when an authorized event prohibits the use of the lot or a portion there of for parking". He stated this is just a suggestion. Commissioner Whitehead moved to approve the request for the Conditional Use Permit without including condition number 9 but encouragement that bath parties work out agreeable language, seconded by Commissioner Boyatt. The vote was unanimous to recommend for approval to City Council. 3. REQUEST FOR A CONDITIONAL USE PERMIT OWNER: Richard E Burk APPLICANT: Carolina Garcia REQUESTED ACTION: Request for a CUP to allow an Adult Day Care Facility to be established in the R-3-A zoning district. EXISTING ZONING: R-3-A GENERAL LOCATION: 1172 Grand Hwy. (across from K-Mart) EXISTING LAND USE: Two residential structures. FUTURE LAND USE DISTRICT: UD-5 FUTURE LAND USE CLASSIFICATION: Residential Professional City planner Curt Henschel stated that the applicant intends to locate an adult day care facility in an existing residential structure. Mr. Henschel stated that the Lake County adult activity center will provide a safe place to go during the week to socialize, participate in supervised activities, and receive physical care and monitoring as needed, all while retaining as much independence as possible. Mr. Henschel stated that currently the parcel contains two vacant single family structures. He stated that the applicant intends to renovate the northern building (1,320 square feet) to operate the center. He stated that a prior Conditional Use Permit has been approved for this parcel to allow two professional office buildings. He stated that parking has already been constructed for the two buildings. Mr. Henschel stated the hours of operation will be Monday through Friday from 8:OOam to 4:OOpm. He stated that three employees will staff the facility throughout the day, and approximately 12 clients will be dropped off in the morning and picked up in the afternoon. Mr. Henschel stated that staff recommends approval of the request for a Conditional Use Permit to allow an adult day care facility at 1172 Grand Hwy. Carolina Garcia, 10713 Lemay Dr., stated that it is an adult activity center and they will provide transportation to and from the center. She stated that she is looking to have 12 residence attending. City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 3, 2009 Page 6 Richard Burke, 10500 Eagles Bluff Ct., stated that he is the owner of the buildings and has done a lot of renovations to the buildings because they were pretty dilapidated when he purchased them. He stated that he has installed a handicap ramp with concrete and a rail. He stated that there are handicap restrooms in the building and is equipped with fire extinguishers and fire alarms. He stated that there won't be traffic in and out because the adults will be picked up and there may be two employees there during the day. Board member Dubuss stated that she hopes that there will be an alarm system in place, so that if any of the seniors decide to try to leave, there will be a warning. Board member Jones asked if this was anon-profit facility and will be licensed through the state. Ms. Garcia stated that it is non-profit and will be licensed by the state. Board member Loyko asked what type of business is in the building next to this location. Mr. Burke stated that building is occupied by Allison Ferguson Construction Company. Board member Loyko asked about the size of the parking lot. Mr. Burke stated that there are no variances for the parking for that building. He stated that the building allows for three parking spaces. He stated that between the two buildings there are thirteen parking spaces. Board member Proli asked what kind of people are going to be taken care of at this location. She asked if they are going to be wheel chair bound or people who need assistance. She asked if any of the three employees are going to be a registered nurse. Ms. Garcia stated that the state does not require them to have a registered nurse. She stated that there will be a physician on call and that physician will visit the center once a month. Board member Proli asked if there is a kitchen inside the building. Mr. Burke stated that there are kitchen cabinets and a refrigerator. He stated that there may be a microwave and possibly a toaster oven, but not any cooking, just heating items. Board member Whitehead stated that she has issues with safety being there will be 12 adults in this facility. She stated she feels she needs to have a medical person on staff and this daycare facility should be more structured. City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 3, 2009 Page 7 Board member Banzhaf stated that there are questions about their business plan not the plan in front of them. Mr. Burke stated that these people are home alone, so if they fall at home, there is no one there to help them. He stated that with this facility they will have entertainment, someone to play cards with and be with someone instead of being home alone. He stated that there are meals on wheels and other programs and she can provide a service. He stated that there will be someone around to call an ambulance service if needed. He stated that he feels this is more of a safety feature. Commissioner Banzhaf moved to approve the request for the Conditional Use Permit, seconded by Commissioner Boyatt. The vote was 8-1 to recommend for approval to City Council with Commissioner Whitehead opposing. 4. REQUEST FOR A LAND DEVELOPMENT CODE AMENDMENT APPLICANT: Staff REQUESTED ACTION: Request for a Land Development Code to add language to section 90-30 concurrency test requirements adding section 90-31 school concurrency, providing for conflicts; providing for severability; codification; and providing for an effective date. Commissioner Whitehead moved to approve the request for the Land Development Code Amendment, seconded by Commissianer Proli. The vote was unanimous to recommend for approval to City Council. David Pape was nominated for Chairman. All were in favor. Cuqui Whitehead was nominated for Vice-Chair. All were in favor. There being no further business, the meeting was ATTEST: Rae Chidlow -Administrative Assistant