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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. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2010 Page 2 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. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2010 Page 3 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. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2010 Page 4 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 City of Clermont MINUTES P LANNING AND ZONING COMMISSION May 4, 2010 Page 5 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. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2010 Page 6 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. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2010 Page 7 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. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2010 Page 8 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 City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2010 Page 9 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. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2010 Page 10 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 City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2010 Page 11 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. City of Clermont MINUTES PLANNING AND ZONING COMMISSION May 4, 2010 Page 12 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