05-04-2010 Regular Meeting City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
May 4, 2010
Page 1
The meeting of the Planning & Zoning Commission was called to order Tuesday May 4, 2010 at 7:00
p.m. by Chairwoman Cuqui Whitehead. Other members present were Bernadette Dubuss, Nick Jones,
Raymond Loyko and Judy Proli. 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 April 6, 2010 were approved as
written.
REPORTS
There were no reports.
1. REQUEST FOR CONDITIONAL USE PERMIT
PROJECT NAME: Jones Auto Repair
OWNER / APPLICANT: Gerald A. Jones
REQUESTED ACTION: A request to amend the existing CUP (Res. No. 1617) to remove the rear
four -foot (4') wall requirement and allow additional time for CUP compliance.
LOCATION: 611 W. Highway 50, (Southwest corner of S.R. 50 and
Lake Avenue)
EXISTING LAND USE: Automotive and truck repair service
FUTURE LAND USE: Commercial
EXISTING ZONING: C -1, Light Commercial District
Planning Director Jim Hitt stated that the applicant has requested to amend the Conditional Use Permit
(CUP) operating an automotive and truck repair service within a C -1 Light Commercial Zoning District.
Mr. Hitt stated that the original Conditional Use Permit required a four -foot (4') wall on the south side of
the site to shield the cars from Chestnut Street and Lake Ave. Mr. Hitt stated that Mr. Jones would like to
have the wall requirement removed. He stated that the applicant has increased the buffer shrubs in that
area and stated that the Garden Club complimented the landscaping and that a "living wall" is better than
a concrete wall. He stated that the police have also told the applicant that having a wall could provide
cover for crimes to occur in off hours.
Mr. Hitt stated that the second request is to allow for an additional three (3) months to complete the
sidewalks on the south and east sides and to grass the areas to the curb.
Mr. Hitt stated that both the new building and the original building have been repainted, and all other site
plan items have been completed.
Mr. Hitt stated that staff recommends approval of the requested amendment to the Conditional Use Permit
for an automotive and truck repair service business at 611 W. Highway 50, as outlined in the Conditional
Use Permit conditions.
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PLANNING AND ZONING COMMISSION
May 4, 2010
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Jerry Jones, 611 Highway 50, stated that he was here at answer any questions the Board members may
have.
Commissioner Dubuss moved to recommend approval for request of the conditional use permit; seconded
by Commissioner Jones. The vote was unanimous to recommend for approval to City Council.
2. REQUEST FOR CONDITIONAL USE PERMIT
PROJECT NAME: Wootson Temple Church of God
OWNER/APPLICANT: Marvin L. Wootson
REQUESTED ACTION: Request for a CUP to allow a church facility in the R -2
Medium Density Residential zoning district.
LOCATION: 836 & 918 Scott Street
EXISTING LAND USE: Church and vacant lot
FUTURE LAND USE: Low Density Residential
ZONING: R -2 Medium Density Residential
City planner Curt Henschel stated that the applicant is requesting a Conditional Use Permit to expand a
house of worship in the R -2 zoning district. He stated that the existing church (Wootson Temple Church
of God in Christ New Sanctuary) has a congregation of approximately 90, and has decided it is time to
expand.
Mr. Henschel stated that the applicant/ church proposes to construct a new 6,660 square foot sanctuary on
a vacant parcel (southwest corner of East Juniata Street and Scott Street) south of the existing church. He
stated that the existing church was built in 1955 and has been operating ever since, with the Wootson
family name.
Mr. Henschel stated that the existing church will be redeveloped to handle the office operations of the
new church facility. He stated that the existing church lot will also be redeveloped to allow additional
parking on the property instead of the existing conditions where much of the parking is on the right -of-
way.
Mr. Henschel stated that the church plans to continue with the same hours it has been maintaining through
the week, Sunday from 9:30 a.m. to 2:00 p.m., and Tuesday and Thursday evenings from 7:30 pm to 9:30
pm.
Mr. Henschel stated that the church will also be requesting a parking variance for a reduction of 22
parking stalls.
Mr. Henschel stated that staff recommends approval of the request for a CUP to allow a church facility on
this R -2 Medium Density zoned parcel.
Arthur Nix, 17550 CR 455, Montverde, stated that the existing building will be used for Sunday school,
and the new building that is proposed will be the new sanctuary.
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Pastor Marvin Wootson, 13113 Baneberry Ct., stated that he was here to answer any questions.
Board member Loyko asked if the proposed growth for the church was realistic over the next five years.
Pastor Wootson stated that the numbers are realistic.
Board member Proli questioned about the parking.
Pastor Wootson stated that the Sunday schools and worship services do not operate at the same time, so
he does not feel this will be a problem.
Board member Jones questioned the underground stormwater retention.
Mr. Nix stated that his firm engineered the underground stormwater retention for Mr. Jones' business,
Clermont Florist and for the same way as what is proposed for Pastor Wootson, and it performs well.
Board member Dubuss stated that she did have a q uestion about parking, but condition #9 resolved that
question.
Commissioner Jones moved to recommend approval for the request for the conditional use permit;
seconded by Commissioner Dubuss. The vote was unanimous to recommend for approval to City
Council.
3. REQUEST FOR SMALL SCALE COMP PLAN AMENDMENT
REQUEST: Small Scale Comp Plan Amendment — Ord. No. 2010 -06 -M
PROJECT NAME: Deper LLC Property
OWNER / APPLICANT: Deper LLC (Theodore D. DeWitt)
PARCEL SIZE: 5.01 acres +/-
LOCATION: East of the intersection of Citrus Tower Boulevard and Excalibur Road, on the north side
of Excalibur Road, adjacent to East Ridge Middle School
EXISTING LAND USE: Vacant
EXISTING FUTURE LAND USE: Lake County Urban (request pending to change to City
Commercial)
EXISTING ZONING: Lake County R -6 Urban Residential (becomes Urban Estate upon annexation)
City planner Barbara Hollerand stated that the vacant 5.01 -acre property is located east of the intersection
of Citrus Tower Boulevard and Excalibur Road, on the north side of Excalibur Road, adjacent to East
Ridge Middle School.
Ms. Hollerand stated that the owner /applicant is Deper LLC, represented by Ted DeWitt and Chris Roper,
Akerman Senterfitt, P.A.
Ms. Hollerand stated that the property will be considered for annexation by the City Council May 25.
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Ms. Hollerand stated that the request is for a small -scale comprehensive plan amendment to change the
Future Land Use from Lake County Urban to Commercial in the City. She stated that the property
currently has R -6 Urban Residential zoning in Lake County, but that would default to Urban Estate
zoning in the City upon annexation.
Ms. Hollerand stated that the subject property is contiguous to the City on its southern side, through Lost
Lake Reserve residential. She stated that to the subject property's north is the Deper II property that is
also the subject of annexation and small -scale amendment requests for Commercial future land use. She
stated that the Deper II property also has Lake County Urban future land use and R6 Urban Residential
zoning in the county.
Ms. Hollerand stated that to the west are four approximately one -acre tracts, each with R6 Urban
Residential zoning in the county and Urban future land use. She stated that three of these properties have
single - family homes, and the fourth is a vacant property on the northeast corner of Citrus Tower
Boulevard and Excalibur Road. She stated that to the subject property's east is East Ridge Middle School,
with a current student population of about 1,100 students. She stated that the middle school has
Communities Facilities District (CFD) zoning in the county and Urban future land use. She stated that
adjacent to the middle school is East Ridge High School, also on Excalibur Road. She stated that East
Ridge High School has a permanent capacity of 2,166 but currently has more than 3,000 students.
Ms. Hollerand stated that a traffic signal is planned for the intersection of Citrus Tower Boulevard and
Steves Road/Excalibur Road and is expected to be functioning this year.
Ms. Hollerand stated that the development plans are not finalized at this time and a request for rezoning
has not been made. She stated that if the requests for annexation and Commercial future land use are
approved, the applicant will be applying for a rezoning to C2 General Commercial.
Ms. Hollerand stated that the City cannot recommend approval of the request for Commercial future land
use at this location. She stated that the City has historically planned for commercial uses at the existing
commercial nodes of S.R. 50 and U.S. 27 and their intersecting urban collectors such as Citrus Tower
Boulevard, Hancock Road and Hooks Street. She stated that Citrus Tower Boulevard was designed as a
parallel facility to U.S. 27 and Hooks Street was designed as a reliever to S.R. 50. She stated that the City
would like to limit commercial uses south of Hooks Street to maintain traffic flow on Citrus Tower
Boulevard. She stated that the proposed Lake County 2030 comprehensive plan assigns this property an
Office future land use.
Ms. Hollerand stated that the City has had recent requests for annexation and future land use changes for
a property in close proximity to the subject property. She stated that in February, the City Council
approved a request for annexation of the 17 -acre Bosserman property along Excalibur Road and Hooks
Street and approved the transmittal of a future land use change from Lake County Urban to
Residential /Professional. She stated that this future land use, which is less intense than Commercial,
allows office uses and/or multifamily. She stated that an assisted living or independent living
development is under consideration for that parcel.
Ms. Hollerand stated the subject property's proposed future land use of Commercial is not compatible
with adjacent land uses, and it does not provide a transition from residential uses bordering the subject
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property on the west and south. She stated that two large schools within a quarter mile have access off
Excalibur Road, a two -lane facility.
Ms. Hollerand stated that the City received a letter in opposition to the request by Jeri Schuur of 13221
Paloma Road.
Ms. Hollerand stated that staff recommends denial of the Future Land Use Map change.
Chris Roper, 420 S. Orange Ave., Orlando, stated that he disagrees with staffs recommendation. He
stated that the property is currently urban that allows a wide variety of uses. He stated that the property is
located about half a mile from two main connector roads. He stated that they are asking for less in the
city than what is allowed right now in the county.
Board member Jones stated that with this property fronting on Excalibur Road rather than Citrus Tower
Blvd., he feels it should be more for high density residential rather than commercial.
Board member Loyko stated that there may be issues with access to the lots located to the west edge of
the property.
Mr. Hitt stated that the county vacated a right of way to the property about four or five months ago. He
stated that there is no access changing with a jurisdictional change in the boundary. He stated that all
access issues would be addressed during site review time.
Commissioner Dubuss moved to recommend denial for request of the small scale comprehensive plan
amendment; seconded by Commissioner Proli. The vote was unanimous to recommend denial to City
Council.
4. REQUEST FOR SMALL SCALE COMP PLAN AMENDMENT
REQUEST: Small Scale Comp Plan Amendment — Ord. No. 2010 -08 -M
PROJECT NAME: Deper II LLC Property
OWNER / APPLICANT: Deper II LLC (Theodore D. DeWitt)
PARCEL SIZE: 3.56 acres +/-
LOCATION: Approximately 800 feet north of the intersection of Citrus Tower Boulevard and
Excalibur Road, on the east side of Citrus Tower Boulevard
EXISTING LAND USE: Vacant
EXISTING FUTURE LAND USE: Lake County Urban (request pending to change to City
Commercial)
EXISTING ZONING: Lake County R -6 Urban Residential (becomes Urban Estate upon annexation)
City planner Barbara Hollerand stated that the vacant 3.56 -acre property is located approximately 800
feet north of the intersection of Citrus Tower Boulevard and Excalibur Road, on the east side of Citrus
Tower Boulevard.
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Ms. Hollerand stated that the owner/ applicant is Deper II LLC, represented by Ted DeWitt and Chris
Roper, Akerman Senterfitt, P.A.
Ms. Hollerand stated that the property will be considered for annexation by the City Council May 25.
Ms. Hollerand stated that the request is for a small -scale comprehensive plan amendment to change the
Future Land Use from Lake County Urban to Commercial in the City.
Ms. Hollerand stated that upon annexation of the Deper property, the subject property would be
contiguous to the City on its southern side.
Ms. Hollerand stated that to the property's north is vacant property with Lake County Urban future land
use and R6 Urban Residential zoning. She stated that to the south is the Deper property and a 1.22 -acre
residential property with R6 Urban Residential zoning in the county and Urban future land use. She
stated that to the subject property's east is East Ridge Middle School.
Ms. Hollerand stated that the middle school has Communities Facilities District (CFD) zoning in the
county and Urban future land use. Ms. Hollerand stated that adjacent to the middle school is East Ridge
High School, also on Excalibur Road.
Ms. Hollerand stated that development plans are not finalized at this time and a request for rezoning has
not been made. She stated that if the requests for annexation and commercial future land use are
approved, the applicant will be applying for a rezoning to C2 General Commercial.
Ms. Hollerand stated that the City cannot recommend approval of the request for Commercial future land
use at this location. She stated that the City has historically planned for commercial uses at the existing
commercial nodes of S.R. 50 and U.S. 27 and their intersecting urban collectors such as Citrus Tower
Boulevard, Hancock Road and Hooks Street. She stated that Citrus Tower Boulevard was designed as a
parallel facility to U.S. 27 and Hooks Street was designed as a reliever to S.R. 50. She stated that the City
would like to limit commercial uses south of Hooks Street to maintain traffic flow on Citrus Tower
Boulevard. She stated that the proposed Lake County 2030 comprehensive plan assigns the property an
Office future land use.
Ms. Hollerand stated that in February, the City Council approved a request for annexation of the 17 -acre
Bosserman property along Excalibur Road and Hooks Street and approved the transmittal of a future land
use change from Lake County Urban to Residential/Professional. She stated that this future land use,
which is less intense than Commercial, allows office uses and/or multifamily. An assisted living or
independent living development is under consideration for that parcel.
Ms. Hollerand stated that the subject property's proposed future land use of Commercial is not compatible
with adjacent land uses. Residential uses border the subject property on the south. She stated that two
large schools with a student population of 4,100 are within a quarter mile and use two -lane Excalibur
Road as their primary access.
Ms. Hollerand stated that the City received a letter in opposition to the request by Jeri Schuur of 13221
Paloma Road.
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Ms. Hollerand stated that staff recommends denial of the Future Land Use Map change.
Chris Roper, 420 Orange Ave, Orlando, stated that Professional Office /Residential zoning would not
allow a walk in clinic, self storage, veterinary clinic or a funeral home. He stated that asking for
commercial will allow more flexibility for the use of this property.
Commissioner Jones moved to recommend denial for request of the small scale comprehensive plan
amendment; seconded by Commissioner Dubuss. The vote was unanimous to recommend denial to City
Council.
5. REQUEST FOR SMALL SCALE COMP PLAN AMENDMENT
REQUEST: Small Scale Comp Plan Amendment changing future land use from Public
Facilities /Institutional to Commercial - Ord. No. 2010 -09 -M
DEVELOPMENT NAME: Celebration of Praise
PARCEL SIZE/LOCATION: South of southwest corner of US 27 and Hammock
Ridge Road
OWNER/APPLICANT: Church of God
EXISTING LAND USE: Church and ancillary uses and vacant land
FUTURE LAND USE: Public Facilities/Institutional
EXISTING ZONING: R -1
City planner Barbara Hollerand stated that this request is for the Celebration of Praise property.
She stated that the property is located just south of southwest corner of U.S. 27 and Hammock Ridge
Road. It is currently used as a church facility with ancillary uses.
Ms. Hollerand stated that the owner /applicant is Church of God.
Ms. Hollerand stated that this request is to change the future land use of 9.8 acres of the 50 -acre
Celebration of Praise property from Public Facilities/ Institutional to Commercial.
Ms. Hollerand stated that the larger 50 -acre Celebration of Praise property is adjacent to Legends
residential subdivision to the west and south. She stated that across U.S. 27, the property faces the Kings
Ridge Professional Center. She stated that to the north, the property abuts Tuscany Village commercial
center.
Ms. Hollerand stated that this 9.8 -acre portion of the Celebration of Praise property fronts U.S. 27. She
stated that the applicant proposes to develop the parcel as retail and professional office. She stated that if
the request for Commercial future land use is approved, the applicant will be applying for a rezoning to
Cl Light Commercial. She stated that this small -scale amendment request, if approved, would be final 31
days after adoption.
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Ms. Hollerand stated that the applicant cites the subject property's topography and location along U.S. 27
as unsuitable for future church expansion. She said that the application states that the proposed uses will
complement the existing church facility and proposed assisted living facility and assisted senior housing.
Ms. Hollerand stated that in August 2007, the applicant requested a similar future land use change. She
stated that at that time, the acreage requested for Commercial future land use was 14.7 acres. She stated
that due to the parcel size, the 2007 amendment request was large -scale rather than small- scale. She stated
that on August 7, 2007, the Planning & Zoning Commission voted 5 -2 to recommend denial of the
request. She stated that on August 28, 2007, the City Council voted 4 -1 to deny the request for
Commercial future land use.
Ms. Hollerand stated that city staff cannot support the request to change the 9.8 -acre tract to Commercial.
She stated that the applicant has brought forward a similar proposal to that requested in 2007 that was
denied by the City Council. She stated that in 2007, the City Council questioned the appropriateness of
adding more Commercial future land use along this segment of the U.S. 27 corridor. She stated that in
the two and a half years since that time, Tuscany Village to the north and Kings Ridge Professional
Center to the east have not seen significant development activity and are not expected to build out within
the next several years due to the economic downturn.
Ms. Hollerand stated that staff recommends denial of the Future Land Use Map change.
Keith Bricklemyer, 1645 E. Highway 50, stated that he feels commercial is the only good use for this
land. He stated that the types of facilities in the immediate areas are commercial and professional office.
He stated that they are seeking C -1 Light Commercial type uses in combination with office uses. He
stated that it is not suited for any kind of residential or church use.
Barbara Vicevich, 1565 Misty Glen Lane, stated that she is opposed to this request. She stated that there
are single family residential homes surrounding this parcel and commercial does not need to be in this
area.
Maxine Edghill, 1570 Misty Glen Lane, stated that her backyard overlooks the church, and she does not
wish to have any commercial blocking her view.
John Lupoli, 3854 Beacon Ridge Way, stated that this property does have a difficult topograghy and he
does not see how this property can be used for anything. He stated that this part of the property is covered
with pine trees which is how the southern part of the property used to be, but is now bare. He stated that
he would not like to see any additional commercial impact the value of his home.
Mindy Hodge, 1540 Misty Glen Lane, stated that her concern is the noise issue because she works from
home. She stated that there is a lot of noise from the daycare during the day in the week as well as from
the Sunday school on Sundays. She stated that commercial will create more noise, and she does not think
commercial is an appropriate use for this land.
Edwin Rodriquez, 15732 Bay Lake Trail, stated that he attends this church and is in favor of the request.
He stated that he has seen the growth in the church, and it is the people from the community that come to
the church. He stated that concerning the noise, that is their kids there learning. He stated that this parcel
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is at a lower level than the church, so he does not believe the noise will be an issue from the commercial
facilities that are proposed on that parcel.
Pastor Chris Dutruch, 1585 Kennesaw Dr., stated that he has been Pastor of Celebration of Praise since
2007. He stated that coming into this position, he decided that they would approach things differently.
He stated that the heavy equipment has been delivered for the start of the construction of the access road
that was required in the conditional use permit. He stated that this will help eliminate some of the traffic
on Highway 27. He stated that he understands the issue about the lighting, and he can take care of that.
He stated that the church has no use for the land for the church. He stated that he is also a resident of
Legends.
Board member Dubuss stated that she understands the feelings of the residents and the frustration of the
church. She stated that she has no reason but to agree with the recommendation of the staff.
Board member Jones stated that he would like to see some of this property get back on the tax rolls for the
city. He stated that he likes that the church is in control of what happens around them. He stated that area
needs assisted living facilities. He stated that he does not want to see driveways coming off of Highway
27. He said that if the church does get this approved, he would like to see a right of way coming from the
church to the commercial property rather than having driveways coming off Highway 27. He stated that
he sees it as a favorable use.
Board member Loyko stated that originally they were requesting development of 14.7 acres and they have
scaled it down. He stated that the church probably had a plan when they purchased this property. He
stated that he recommends approval for the requested use of this property.
Board member Proli stated that she agrees with her fellow Board members, but she is concerned with
what type of commercial will go there.
Board member Jones stated that the church could sell the property to a developer, then the type of
businesses that go there are out of the control of the church. He stated that if the church has control of
that property, they will more than likely be selective on the types of businesses that go there.
Chairwoman Whitehead stated that she hears complaints about commercial areas near the residential
areas frequently. She stated that it is nearly impossible to cross Highway 27 when the church is being
utilized on Sundays. She stated that she understands they are putting in an access road.
Mr. Hitt stated that there is an access road coming off Hammock Ridge Rd. to the church.
Commissioner Jones moved to recommend approval for the request for the small scale comprehensive
plan amendment; seconded by Commissioner Loyko. The vote was 2 -3 denying the recommendation for
approval to City Council with Chairwoman Whitehead and Board members Dubuss and Proli opposing
the approval for the request.
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6. REQUEST FOR LARGE SCALE COMP PLAN AMENDMENT
REQUEST: Large Scale Comp Plan Amendment Transmittal changing future land use from Public
Facilities /Institutional to High Density Residential
DEVELOPMENT NAME: Celebration of Praise
PARCEL SIZE/LOCATION: South of southwest corner of US 27 and Hammock
Ridge Road
OWNER/APPLICANT: Church of God
EXISTING LAND USE: Church and ancillary uses and vacant land
FUTURE LAND USE: Public Facilities/Institutional
EXISTING ZONING: R -1
City planner Barbara Hollerand stated that the request is to change the future land use of approximately
16.6 acres of the 50 -acre Celebration of Praise property from Public Facilities/ Institutional to High -
Density Residential. She stated that the owner/ applicant is Church of God. She stated that the Celebration
of Praise property is just south of the southwest corner of U.S. 27 and Hammock Ridge Road.
Ms. Hollerand stated that the larger 50 -acre Celebration of Praise property is adjacent to Legends
residential subdivision to the west and south. She stated that to the north, the property abuts Tuscany
Village commercial center.
Ms. Hollerand stated that this 16.6 -acre portion of the Celebration of Praise property is in an area of
planted pine backing up to homes in Legends. She stated that the applicant proposes to develop the parcel
as senior multifamily, assisted living and recreational amenities. She stated that the applicant proposes to
build a facility with 100 assisted living facility beds and to construct 140 "assisted senior apartments."
She stated that if the request for High - Density Residential future land use is approved, the applicant will
be applying for a rezoning to R -3 Residential/Professional District.
Ms. Hollerand stated that the applicant states that the entire church property has been master planned to
include complementary uses to the existing church facilities. She stated that if the large -scale
comprehensive plan amendment is approved, the church's existing Conditional Use Permit would need to
be amended to reflect the additional uses.
Ms. Hollerand stated that in August 2007, the applicant requested a similar large -scale comprehensive
plan amendment. She stated that the City Council on August 28, 2007 approved the transmittal of the text
change to allow assisted living, independent living and skilled nursing facility uses on the 50 -acre
property. However, the proposed amendment was denied at the adoption hearing December 11, 2007.
Ms. Hollerand stated that City staff cannot support the request to change the 16.6 -acre tract to High-
Density Residential. She stated that with this application, the applicant has brought forward a similar
proposal to that requested in 2007 that was denied by the City Council.
Ms. Hollerand stated that staff recommends denial of the Future Land Use Map change.
Keith Bricklemyer, 1645 Highway 50, stated that the proposed use for this site is assisted living facility
and assisted senior housing. He stated that the previous proposal was a higher density including an
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intensive care nursing facility that was three to four stories high with no proposed buffer and the building
setback was at 38 feet. He stated that the new proposal includes only the two buildings for the assisted
living facility and assisted senior housing. He stated that it includes a 50 foot buffer that has existing
mature pinewoods already on site. He stated that the proposed building setback is 75 feet rather than 38
feet from the property boundaries. He stated that it also includes open space for recreation.
Victoria Bucher, 1555 Misty Glen Lane, stated that she is concerned about the future land use being
changed to high density residential on the west side of the property. She stated that this land use is much
too broad for a request of an assisted living facility. She stated that with such a broad land use change
the property could be sold to a third party and a multi -unit facility could be built there. She stated that
the only acceptable buffer between the church property and the residential area should be wall.
Mark Haney, 1124 Glen Raven, stated that he agrees with Ms. Bucher to the extent that the high density
residential land use concerns him. He stated that the plan has changed from the last time so it could
change again. He stated that if the development was built as proposed with the 50 foot buffer of trees,
then he would not have too much of an issue with it, but the land use is too broad.
Ed Lupoli, 3854 Beacon Ridge, stated that along the church property line and the properties on Misty
Glen Lane, there is shrubbery that is not being maintained. He stated that kids go through the bushes
where there are wide patches between the bushes where they have broken through. He stated that on the
southern end of the property, there are no trees, no shrubbery or anything.
Dave Holt, 1379 Legendary Blvd., representing Terry Eckerd at 1490 Misty Glen Lane, stated that he
would like to see the Board go along with staff's recommendation. He stated that Mr. Eckerd bought his
house with the understanding of the current conditional use permit, not on the proposed new request.
Maxine Edghill, 1570 Misty Glen Lane, stated that she has put a fence up to keep the kids from crossing
into her property. She stated that she has called the police numerous times. She stated that she can deal
with the noise of the children from the church, but with a 100 bed facility, it is a 24 hour service with
truck deliveries, ambulances and fire trucks. She stated that we do need these services but not in her back
yard.
Barbara Vicevich, 1565 Misty Glen Lane, stated that she is concerned with the noise. She stated that
there is nothing to restrict the church to just an assisted living facility if this request is approved.
Mindy Hodge, 1540 Misty Glen Lane, stated that she does not have a problem with the assisted living
facility, but the change being requested is high density residential. She stated that someone could make a
good offer and build an apartment complex. She stated that there is a section of shrubs that have been
removed in her back yard where children coming from and going to the church pass through. She stated
that if they build apartments or town homes, it would become a big concern of hers.
Mr. Bricklemyer stated that the process for a comprehensive plan amendment is to establish a category
that allows a wide range of zonings, and the City controls when the property owners comes back through
the required process. He stated that the City would expect them to follow through with the original
proposal. He stated that the facilities on the property are first -class facilities and his expectation is the
proposed facilities would be the same.
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Board member Dubuss stated that they are looking at a large scale comprehensive amendment to change a
portion of that property to high density residential, and she would have to go along with the
recommendation of staff.
Board member Jones stated that he feels that an assisted living facility would be a suitable transition
between church and single family residents. He stated that assisted living facility residents don't make a
lot of noise and most of them don't drive.
Board member Proli stated she is not against an assisted living facility, but she is concerned with the
broad uses that are included in high density residential.
Board member Loyko stated that he feels the assisted living facility is a 24 hour business, and he would
not to like living near one of those types of facilities.
Commissioner Dubuss moved to recommend denial for request of the large scale comprehensive plan
amendment; seconded by Commissioner Loyko. The vote was 4 -1 to recommend denial to City Council
with Board member Jones opposing.
There being no further business, the meeting was adjourned at 9:15 pm.
i' /
C i Whitehead, Chairman
ATTEST:
Rae Chidlow — Administrative Assistant