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03-03-2009 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION March 3, 2009 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday March 3, 2009 at 7:00 p.m. by Chairman David Pape. Other members present were Bill Banzhaf, Bernadette Dubuss, Nick Jones, Bill Gray, Raymond Loyko, Judy Proli, and Cuqui Whitehead. Also in attendance were Jim Hitt, Planning Director, Curt Henschel, City Planner, Barbara Hollerand, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held February 3, 2009 were approved as written. REPORTS Commissioner Whitehead stated that the Pig on the Pond event will be on March 13th and 14t". She also reminded everyone about the meeting held on Thursdays for planning the City's 125th Anniversary celebration. 1. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Greg Homan APPLICANT: Pastor Joel Pino (Luz Y Vida Christian Church) REQUESTED ACTION: Request for a CUP to allow a church facility in the C-2 General Commercial Zoning District. LOCATION: 145 & 149 U.S. Highway 27 (U.S. 27 & Citrus Tower Blvd.) EXISTING ZONING: C-2, General Commercial District SIZE OF PARCEL: 4.6 +/- acre EXISTING LAND USE: Commercial /Retail FUTURE LAND USE DISTRICT: Undeveloped District 5 (UD-5) FUTURE LAND USE CLASSIFICATION: Commercial City planner Curt Henschel stated that the applicant intends to establish a church at an existing business plaza. Mr. Henschel stated that the church is looking to occupy a 2,800 square foot space available at the Citrus Tower Shopping Plaza. He stated that the church intends to have 80 seats for Sunday service, and intends to operate a Thursday evening bible study. Mr. Henschel stated that staff recommends approval of the request for a CUP to allow a church at the Citrus Tower Plaza with the following conditions. Greg Homan, 20570 Sugarloaf Mountain Rd., stated he has not been able to rent the space for retail, and he would love to have the church at that location. Commissioner Proli asked about the handicap parking for this location. City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 3, 2009 Page 2 Mr. Homan stated that a couple of years ago he went through a complete redevelopment of the Citrus Tower property. He stated that he does have all the required number of handicap parking for the amount of use he has there. He stated the spaces are not all in front, but there are three or four across from the church and three or four on the other side of the building. Commissioner Proli stated that the handicap parking is not clearly marked and maybe there should be some signs put up to make it more obvious where the handicap parking is located. Commissioner Loyko asked if there was a church there in the past. Mr. Homan stated that he has had several churches and there is one located there now in the back with a conditional use permit on it. Commissioner Loyko asked if there would be a need for any outdoor space. Mr. Homan stated that once in a while they will do a cook out or a car wash. He stated that he has brought everything up to code for water retention and exceeded requirements for the fire protection system. Commissioner Dubuss moved to approve the request for the Conditional Use Permit, seconded by Commissioner Whitehead. The vote was unanimous to recommend for approval to City Council. 2. REQUEST FOR A CONDITIONAL USE PERMIT OWNER: J.M. Vander Meer APPLICANT: Armando Acosta (Casa del Rey Church) REQUESTED ACTION: Request for a CUP to allow a church facility in the C-2 General Commercial Zoning District. LOCATION: 777 U.S. Highway 27 EXISTING ZONING: C-2, General Commercial District EXISTING LAND USE: Commercial/ Retail FUTURE LAND USE DISTRICT: Established Business District 2 (EBD-2) FUTURE LAND USE CLASSIFICATION: Commercial City planner Curt Henschel stated that the applicant intends to establish a church with included Sunday school at an existing retail shopping plaza. Mr. Henschel stated that the church is looking to occupy a 2,600 square foot space (2 units) available at the "Clermont Center" shopping plaza. He stated that the church intends to have 74 seats for Sunday service and also operate Tuesday and Friday evenings. City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 3, 2009 Page 3 Mr. Henschel stated that staff recommends approval of the request for a CUP to allow a church at 777 U.S. Highway 27 with the following conditions. Josephina Diaz, 10537 Mesa Lane, stated that she would like this permit for worship services. She stated that Tuesday night will be bible study and prayer. She stated that Friday night and Sunday mornings will be service. She stated that this is a good place for them because there is a lot of visibility. Commissioner Dubuss asked if there is sufficient parking when the other businesses are in operation. Mr. Henschel stated that they addressed that with # 11 on the conditions, same as the previous church. He stated that if it becomes an issue they can bring the church back to address that issue. Commissioner Loyko stated that he is concerned about the egress from the property. He stated the first u-turn to head south is quite a way down the road. He stated that he is concerned people will cut across the lanes to take a short cut to go south on Highway 27. Mr. Henschel said that the other church up the road had to hire the Sheriff's officers to control that issue, but with this church being much smaller, he does not see that would happen in this case, but they will be brought back if that becomes a problem. Commissioner Proli asked about band practice on Tuesday at 7:00 evenings and whether the noise would be an issue for the surrounding businesses. Ms. Diaz said that band practice is after the 7:00 prayer meeting so it would be 8:30 before they start band practice. She stated that there is no tenant at this time on the right side of them. She stated that on the left they have the building for Sunday mornings for the children's church, so the only concern will be on the right side. She stated that the wall they are using for the alter for the music is on the left side not the right. She stated that if it does bother anyone they can change band practice for Sunday afternoons. Commissioner Whitehead moved to approve the request for the Conditional Use Permit, seconded by Commissioner Gray. The vote was unanimous to recommend for approval to City Council. 3. REQUEST FOR A CONDITIONAL USE PERMIT PROJECT NAME: Heritage Hills OWNER: Lennar Homes, Inc APPLICANT: Rob Bonin REQUESTED ACTION: Request an amendment to a Conditional Use Permit (Resolution #1456) to allow a temporary access road. LOCATION: East of Somerset Sub., East of Hancock Rd., and North of Hartwood Marsh Rd. PARCEL SIZE: 442 acres +/- City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 3, 2009 Page 4 EXISTING ZONING: PUD (Planned Unit Development) EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: UD-7 (Undeveloped District 7) FUTURE LAND USE CLASSIFICATION: Mixed use classification I. City planner Curt Henschel stated that the applicant is requesting an amendment to the Conditional Use Permit (originally approved by Res. No. 1457, 11/OS) to allow for a temporary access roadway. He stated that the existing CUP provided a roadway connection from Hartwood Marsh east to Hancock Rd. He stated that this internal road was designed to meet all city standards, and has been constructed halfway from Hancock Rd. Mr. Henschel stated that the applicant would like to construct the remaining half as a temporary sub- standard access road for the residents and construction crew to utilize. He stated that the road will be gated, so general public access will not be allowed. He stated that this temporary road will allow the remaining areas to be built out without damage to a permanent roadway. Mr. Henschel stated that after the remaining areas are graded, the permanent roadway will be installed per the original CUP. He stated that the original CUP states that the permanent roadway shall be completed prior to the issuance of the 301St certificate of occupancy. He stated that this condition will remain as a requirement within the CUP. Mr. Henschel stated that staff is not opposed to the request for a temporary access road for the development. He stated that the intent of the original CUP is still in effect for the permanent roadway to be installed prior to the 301St certificate of occupancy. He stated that because that requirement remains active, Staff recommends approval of the CUP amendment request for a temporary access roadway (Section 6 #12.) Dwayne Booth, BESH Engineering, Tavares, stated that they are planning to construct in its permanent configuration the first 285 feet off of Hancock Road as well as the guard house, water features, landscaping, divided entry and the turn lanes on Hancock Road. He stated that past that point is the temporary use. He stated they had to pile 11 feet of soil on top of the proposed lot grades. He stated they are asking for a waiver within the CUP that will allow them to build a substandard road section. He stated the intent is not to avoid having the permanent road. He stated that this is more economical and they do not want to tear up a permanent road with all the construction vehicles. He stated that it will meet all horizontal and vertical curb safety criteria. The road section itself just will have a more rural- type road with shoulders, not curb and gutter, and it will have thinner asphalt. Commissioner Whitehead asked if the permanent road will have curbs. Mr. Henschel stated that it will have curbs and will be built to City standards. Commissioner Gray asked if this location is the same as on the original application. City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 3, 2009 Page 5 Mr. Booth stated that yes the permanent road will be located as stated on original application. Commissioner Gray asked about the hazards of placing the entrance in the middle of the curves on Hartwood Marsh. Mr. Booth stated that he has been working HNTB which is the county's consultant for Hartwood Marsh Road and they have dedicated the appropriate right-of--way that is needed. He stated the alignment matches what HNTB has planned in the future for the four-laning. He stated that they do have the permit with Lake County for this location and they meet all the site distance and safety requirements. Commissioner Dubuss asked if this temporary road be utilized for potential buyers as well as construction vehicles. Mr. Booth stated that yes they will use this for sales traffic as well. Commissioner Banzhaf moved to approve the request for the Conditional Use Permit, seconded by Commissioner Dubuss. The vote was unanimous to recommend for approval to City Council. 4. REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT APPLICANT: Staff REQUESTED ACTION: Request for a full rewrite of all 13 elements of the City's adopted comprehensive plan and the Future Land Use Map. City planner Barbara Hollerand stated that this represents the first of two submittals the City is permitted during the 2009 calendar year. She stated that this is an administrative amendment. Ms. Hollerand stated that the amendment is a full rewrite the Goals, Objectives and Policies of all elements of the comprehensive plan. She stated that it also amends the Future Land Use Map to reflect the updated policies in the Future Land Use Element. Ms. Hollerand stated that this amendment is being transmitted in preparation for the City's required Evaluation and Appraisal Report to its comprehensive plan, due Sept 1. She said this document - nicknamed the "EAR" - is a report card for the Florida Department of Community Affairs on how well the City's plan is performing. She stated that it is also an opportunity for the state to ensure that local governments have incorporated new legislative requirements into their plans. She stated that unlike the City's last EAR update in 1998, this EAR is to focus on one or two key issues facing the City. She stated that one issue, identified through feedback at community meetings last spring, was Encouraging Future Economic Growth While Allowing for the Preservation of the City's Character and Natural Assets. She stated that DCA will be reviewing the City's EAR to see how well the comprehensive plan is addressing this key issue. City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 3, 2009 Page 6 Ms. Hollerand stated that the City views the updating of the comprehensive plan as a logical first step in preparing the EAR. She stated that by updating the elements first, the EAR process is greatly simplified. She stated that new requirements are incorporated into the elements, and new policies addressing the key issue are added to the plan. She stated that the City's proposed plan update includes 13 elements as well as a revamped Future Land Use Map that preserves the intent of the current map while increasing readability. She stated that the elements cover all areas of planning -Future Land Use, Transportation, Housing, Sanitary Sewer, Solid Waste, Stormwater Management, Potable Water, Aquifer Recharge, Conservation, Recreation & Open Space, Public School Facilities, Intergovernmental Coordination and Capital Improvements. Ms. Hollerand stated that it is appropriate to update the comprehensive plan at this time to reflect changing conditions in the City and changes in Florida growth management legislation. Ms. Hollerand stated that staff recommends approval of the text changes to the goals, objectives and policies of all elements of the comprehensive plan and approval of the proposed Future Land Use Map. Commissioner Loyko asked about reclaimed water. Ms. Hollerand stated that reclaimed water has been addressed in the new policies. Commissioner Proli asked who determines whether an area will be high density or low density. Ms. Hollerand stated that they took the current plan from Appendix C. Mr. Hitt stated that there were a few areas on the south side that they made changes to. Commissioner Jones stated that this is a huge improvement for new people coming into town to understand. Commissioner Whitehead moved to approve the request for the Comprehensive Plan Amendment transmittal, seconded by Commissioner Gray. The vote was unanimous to recommend for approval to City Council. There being no further business, the meeting was adj~ TEST: ~.`~~ Rae Chidlow -Administrative Assistant