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01-14-2011 Regular Meeting City of Clermont MINUTES PLANNING AND ZONING COMMISSION January 4, 2011 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday January 4, 2011 at 7:00 p.m. by Chairwoman Cuqui Whitehead. Other members present were Nick Jones, Judy Proli, and Raymond Loyko. Also in attendance were Jim Hitt, Planning and Zoning Director, Barbara Hollerand, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held December 7, 2010 were approved as written. REPORTS There were no reports. 1. REQUEST FOR SMALL SCALE COMP PLAN AMENDMENT REQUEST: Small Scale Comp Plan Amendment — Ord. No. 2011 -03 -M PROJECT NAME: Bentley Commons OWNER: Bentley Commons - Clermont, LLC APPLICANT: Aspen Senior Living, LLC PARCEL SIZE: 9.06 acres +/- LOCATION: 13450 Paloma Road, south of Hooks Street, east of Citrus Tower Boulevard, west of Excalibur Road. EXISTING LAND USE: Vacant EXISTING FUTURE LAND USE: Lake County Urban EXISTING ZONING: Lake County Community Facilities District City Planner Barbara Hollerand stated that this item is a request for the Bentley Commons property. She stated that the vacant 9.06 -acre property is located at 13450 Paloma Road, south of Hooks Street, east of Citrus Tower Boulevard, west of Excalibur Road. Ms. Hollerand stated that the owner is Bentley Commons - Clermont, LLC. She stated that the applicant is Aspen Senior Living, LLC, represented by attorney Tyler Van Voorhees of Reed & Archer. Ms. Hollerand stated that the property will be considered for annexation by the City Council January 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 Residential /Office in the City. She stated that the property currently has Community Facilities District zoning in Lake County. Ms. Hollerand stated that Regional Office is the property's Lake County future land use designation in the adopted 2030 comp plan, not yet in effect. City of Clermont MINUTES PLANNING AND ZONING COMMISSION January 4, 2011 Page 2 Ms. Hollerand stated that to the east of the subject property is the 17 -acre Bosserman property, which was annexed in February 2010 and granted the identical future land use change from Lake County Urban to Residential /Office in the City. She stated that to the south of the property is East Ridge Middle School. Ms. Hollerand stated that to its west are two vacant properties in Lake County with Urban future land use and R -6 Residential zoning. She stated that to the north of the property is a vacant parcel in the county with Agricultural Residential zoning and Urban future land use. Ms. Hollerand stated that although development plans are not finalized at this time, the owner previously has presented plans for Joint Planning Area review that proposed an assisted living facility on the property. She stated that at this time, however, a request for rezoning has not been made. She stated that upon annexation, the property will receive the default zoning of Urban Estate. Ms. Hollerand stated that the City Council in July 2010 approved the identical future land use change for the adjacent Bosserman property to the east. She stated that upon annexation, it is appropnate to assign this property a Residential /Office future land use in the City. Ms. Hollerand stated that staff recommends approval of the Future Land Use Map change. Tyler Van Voorhees, 779 W. Montrose Street, was present to answer any questions. Commissioner Jones moved to recommend approval for request of the small scale comprehensive plan amendment; seconded by Commissioner Proli The vote was unanimous to recommend approval to City Council 2. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Clermont Hillside Terrace OWNER: Clermont Hillside Terrace, LLC (Arlene Malik) APPLICANT: Charles C. Hiott, P.E. REQUESTED ACTION: Request for a Conditional Use Permit amendment (Res. No. 1472) to remove a parcel from the conditional use permit and clarify language for uses to include retail, professional & medical offices, personal service, lounge, financial institution and restaurant uses. LOCATION: 2400 S. US Highway 27 EXISTING ZONING: PUD (C -2) EXISTING LAND USE: Clermont Hillside Terrace FUTURE LAND USE: Commercial Planning Director Jim Hitt stated that the applicant is requesting a Conditional Use Permit (CUP) to remove Parcel "C" from the CUP. Parcel `B" is in bank foreclosure. He stated that with this proposed property change, the residential uses originally proposed but never built for Parcel "C" will be removed City of Clermont MINUTES PLANNING AND ZONING COMMISSION January 4, 2011 Page 3 from the CUP. He stated that any further development of Parcel "C" will require normal reviews in accordance with the Code of Ordinances. Mr. Hitt stated that on Parcel `B ", the existing four buildings A, B, C and D have been completed, and buildings E, F, G and H have not been permitted (or built) yet. Mr. Hitt stated that as part of the development for the site, a total of 1,407 tree inches were deficient from the overall site which included Parcel `B" - buildings A, B, C and D, and Parcel "C ". The 1,407 inches equals a minimum of 469 trees at the Code required three inch (3 ") caliper. He stated that the costs for the deficient inches /trees were to be paid into the City's tree fund. Mr. Hitt stated that to date 600 inches (200 trees) have been paid for (based on replacement tree costs as agreed upon with the City). He stated that prior to the permitting of any of the remaining proposed buildings E, F, G or H, or any further development on the site, the remaining tree inches must be paid for in full. He stated that tree costs for the remaining 807 inches (269 trees) and payment timeline are recommended to be negotiated with the City Manager's office. Mr. Hitt stated that all other conditions as previously approved in Resolution No. 1472 (Exhibit A) shall remain in effect where applicable, with the exception of Parcel "C ", which will be removed from the CUP. Mr. Hitt stated that staff recommends approval of the request to amend the CUP removing Parcel "C" from the CUP along with tree inch payment requirements and remaining CUP requirements as applicable. Charles Hiott, 350 N. Sinclair Ave., Tavares, was present to answer any questions. Commissioner Jones asked if the whole property was in jeopardy of foreclosure or just that one parcel. Mr. Hiott stated that it does not affect Parcel "C" that is being removed from the conditional use permit. Commissioner Loyko moved to recommend approval of the request for the conditional use permit; seconded by Commissioner Jones. The vote was unanimous to recommend for approval to City Council. There being no further business, the meeting was adjourned at 7:16 pm. Cs_ 4 itehead, Chairwoman ATTEST: Rae Chidlow — Administrative Assistant