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11-01-2011 Regular Meeting City of Clermont MINUTES PLANNING AND ZONING COMMISSION NOVEMBER 1, 2011 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday November 1, 2011 at 7:00 p.m. by Chair Cuqui Whitehead. Other members present were William Henning, Bernadette Dubuss, Nick Jones, Raymond Loyko and Judy Proli. Also in attendance were Curt Henschel, City Planner, Barbara Hollerand, City Staff, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held September 6, 2011 were approved as written. REPORTS Madam Chair Cuqui Whitehead stated that tickets are being sold for Taste of South Lake. She stated that there will be 26 restaurants represented and 39 businesses. She stated that it starts at 5:00 — 8:30 pm on Thursday November 3, 2011 down at Waterfront Park and tickets are $20 there or $15 in advance. 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT /OWNER: Bob Thompson PROJECT: Anderson Street Commercial Center REQUESTED ACTION: A request for a CUP in C -2 (General Commercial) to allow for a shopping center with 5 or more businesses with shared parking. LOCATION: 481 East Highway 50 SIZE OF PARCEL: 1.89 acres +/- EXISTING ZONING: C -2 (General Commercial) EXISTING LAND USE: Commercial/Retail Building FUTURE LAND USE CLASSIFICATION: Commercial City planner Curt Henschel stated that the applicant requests a conditional use permit for an office and retail shopping center with 5 or more users. He stated that the proposed center will total 11,372 square feet of space. He stated that currently there is an existing retail /office building on site that is 5,472 square feet. He stated the proposed plan will add three additional buildings on site, one two story 1,500 square foot building with a garage on the first floor, and two single story 2,200 square foot buildings. He stated that there are two variances from the Land Development Code that are requested in conjunction with this Conditional Use Permit: To allow for parking stalls to be less than 20 feet in length — Section 98 -3 and to allow for less than one parking stall per 200 square feet of retail /office space. Section 98 -14. Mr. Henschel stated that staff believes this development is consistent with the uses in the area and recommends approval of the conditional use permit request for an 11,500 square foot office complex with 5 or more users. City of Clermont MINUTES PLANNING AND ZONING COMMISSION NOVEMBER 1, 2011 Page 2 Robert Thompson, 11905 Egret Bluff, stated that the building attached to the existing building will be the first building he attempts to build. He stated that he does not have plans for the other two buildings at this time and depending on the economy will determine if he ever does build the other two buildings. Commissioner Loyko asked if the parking will be completed prior to the construction of the other buildings. Mr. Thompson stated that the parking will be added with the construction of the first building. Commissioner Proli asked if there will be more handicap parking for the facility and should be closer to the building. Mr. Thompson stated that he can add more handicap parking if need be. Commissioner Dubuss asked about equipment being on site during construction of the new buildings and the effect it will have on the current tenants of the existing building. Mr. Thompson stated that it will be built as a separate building except where it will be attached on the upstairs but that part will be done at the very end of the project. Madam Chair Whitehead stated that she has seen the improvements to the current offices and there is a great improvement to the building. Commissioner Dubuss moved to recommend approval of the conditional use permit; seconded by Commissioner Jones. The vote was unanimous to recommend approval for the conditional use permit to City Council. 2. REQUEST FOR SMALL SCALE COMP PLAN AMENDMENT REQUEST: A small scale future land use amendment from Public Facilities /Institutional to High Density Residential — Ord. No. 2011 -13 -M. PROJECT NAME: Clermont Retirement Residence OWNER: Church of God — Celebration of Praise PARCEL SIZE: 5.54 acres +/- LOCATION: West of US 27 and south of Hammock Ridge Rd. FUTURE LAND USE: Vacant EXISTING LAND USE: R -1 Single - Family Medium Density Residential District City staff Barbara Hollerand stated that the requests are for the Clermont Retirement Residence project at Celebration of Praise church. She stated that the subject property is a vacant 5.54 -acre parcel west of U.S. 27 & south of Hammock Ridge Road on an undeveloped portion of the City of Clermont MINUTES PLANNING AND ZONING COMMISSION NOVEMBER 1, 2011 Page 3 church's 50 -acre property. She stated that the applicant's intent is to develop a 124 -suite retirement residence. Ms. Hollerand stated that the owner is Church of God — Celebration of Praise. She stated that the applicant is Lenity Group LLC — Mark Lowen & Dan Roach. She 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 the undeveloped Tuscany Village commercial center. Ms. Hollerand stated that two of the requests are for the small -scale comprehensive plan amendment to change the Future Land Use from Public Facilities /Institutional to High Density Residential and a rezoning request is to change from R -1 Single - Family Medium Density Residential to R -3 -A Residential/Professional. Ms. Hollerand stated that in the comprehensive plan, independent living facilities are allowed in four categories. She stated that the least - intensive of these is High Density Residential, followed by Mixed Use, Office and Commercial. She stated that because of this location, staff had recommended the High Density Residential land use and the compatible zoning of R -3 -A Residential/Professional. Ms. Hollerand stated that the church had previously made requests for future land use changes in 2007 and 2010 to allow for senior living facilities. She stated that in the 2007 application, the property owner requested a large -scale comprehensive plan amendment to allow assisted living, independent living and skilled nursing facility uses on the 50 -acre property. She stated that initially approved for transmittal, the request was later denied by the City Council at the adoption hearing. Ms. Hollerand stated that in 2010, the property owner made a large -scale amendment request to change 16.5 acres from Public Facilities /Institutional to High- Density Residential to develop a 100 -bed assisted living facility and to construct 140 assisted senior apartments. She stated that the request, on a portion of the church property that abutted the Legends subdivision, was withdrawn by the applicant. Ms. Hollerand stated that the current application for the subject property proposes a smaller development, located away from the adjoining residential properties and centrally located on the Celebration of Praise site. She stated that the church maintains property as a buffer to the west (along with a 350- foot -wide tree buffer), to the south (the church itself) and to the east (vacant land). She stated that to the north is the approved Tuscany Village commercial development. She stated that the remainder of the Celebration of Praise site will continue to be church property to be developed in accordance with the Land Development Code. City of Clermont MINUTES PLANNING AND ZONING COMMISSION NOVEMBER 1, 2011 Page 4 Ms. Hollerand stated that access to the site is from internal driveways connecting to U.S. 27 and Hammock Ridge Road. She stated that a transportation impact analysis will have to be completed and approved as part of the site plan approval process. Ms. Hollerand stated that this property qualifies for the small -scale comprehensive plan amendment process and will not be reviewed by the Florida Department of Economic Opportunity or the reviewing agencies. It will be final 31 days after adoption. Ms. Hollerand stated that this request, unlike previous applications, is smaller in scale, adequately buffered from residential and is sited appropriately, adjacent to commercial future land uses. Ms. Hollerand stated that staff recommends approval of the Future Land Use Map change and approval of the rezoning to R -3 -A. Commissioner Jones moved to recommend approval of the small -scale comprehensive plan amendment; seconded by Commissioner Proli. The vote was unanimous to recommend approval for the small -scale comprehensive plan amendment to City Council. 3. REQUEST FOR REZONING REQUEST: A Rezoning from R -1 Single - Family Medium Density Residential to R -3- A - Ord. No. 2011 -14 -M. PROJECT NAME: Clermont Retirement Residence OWNER: Church of God — Celebration of Praise PARCEL SIZE: 5.54 acres +/- LOCATION: West of US 27 and south of Hammock Ridge Rd. FUTURE LAND USE: Vacant EXISTING LAND USE: R -1 Single - Family Medium Density Residential District Commissioner Dubuss moved to recommend approval of the rezoning; seconded by Commissioner Proli. The vote was unanimous to recommend approval for the rezoning to City Council. 4. REQUEST FOR CONDITIONAL USE PERMIT REQUEST: Request a Conditional Use Permit (CUP) to allow a Retirement Residence facility within an R -3 -A Residential/Professional Zoning Distract. PROJECT NAME: Clermont Retirement Residence OWNER: Church of God — Celebration of Praise APPLICANT: Lenity Group LLC — Mark Lowen & Dan Roach City of Clermont MINUTES PLANNING AND ZONING COMMISSION NOVEMBER 1, 2011 Page 5 PARCEL SIZE: 5.54 acres +/- LOCATION: West of U.S. 27 & South of Hammock Ridge Road FUTURE LAND USE: Public Facilities /Institutional (applied for High Density Residential for a retirement residence) EXISTING LAND USE: Vacant EXISTING ZONING: R -1, Single Family Medium Density Residential (Applied for rezoning to R -3 -A Residential /Professional) City planner Curt Henschel stated that the applicant is requesting a conditional use permit for a 124 -suite Retirement Residence facility for seniors. He stated that the private suites include studio, one and two bedroom versions. He stated that kitchens are not included in the suites and full dining facilities are provided on site. He stated that the applicant has provided a full summary of the services and the facilities with the application. Mr. Henschel stated that the conditional use permit request has also been submitted with a land use amendment from Public Facilities /Institutional (Church) to High Density Residential and a Rezoning from R -1 Single Family Medium Density to R -3 -A Residential/Professional. He stated that these changes are the minimum needed to allow for this type of use at this location. Mr. Henschel stated that the applicant is requesting to rezone this site from R -1 residential to R- 3-A Residential/Professional in order to permit the processing of a Conditional Use Permit for a 125 bed retirement residence. He stated that the conditional use permit application is being processed concurrently with this rezoning request, and a Land Use Amendment to High Density Residential. He stated that the remainder of the site will continue to be church property to be developed in accordance with the Land Development Code. Mr. Henschel stated that in accordance with the Comprehensive Plan, Independent Living Facilities (a retirement residence in this case) are allowed in four categories, the lowest of which is High Density Residential, followed by Mixed Use, Office and Commercial land uses. Mr. Henschel stated that zoning requires a Conditional Use Permit. He stated that the closest zoning district to the High Density Land Use Category would be R -3 -A (in this case), followed by R -3, 0-1 Office, C -1 Light Commercial, and C -2 General Commercial. He stated that because of this location staff had recommended the High Density Residential land use and the compatible zoning of R -3 -A Residential /Professional. Mr. Henschel stated that this site is centrally located on the Celebration of Praise site. He stated that the church maintains property as a buffer to the west (which also has a 350 foot wide tree buffer), south (the church itself) and east (vacant land). He stated that to the north is the Tuscany Village commercial development. City of Clermont MINUTES PLANNING AND ZONING COMMISSION NOVEMBER 1, 2011 Page 6 Mr. Henschel stated that access to the site is from internal driveways connecting to U.S. 27 and Hammock Ridge Road. He stated that a Transportation Impact Analysis will have to be completed and approved in accordance with the City's LDC as part of the Site Plan Approval process. Mr. Henschel stated that the conditional use permit request for a retirement residence facility would fit well at this location and the area. Mr. Henschel stated that staff believes this development is consistent with the uses in the area and recommends approval of this Conditional Use Permit request for a Retirement Residence Facility. Michael Fuller, 471 High St, Salem, Oregon, stated that the requests pertains to Just the 5.54 acres that they are working with. He stated that he was here to answer any questions. Miguel Ramos, 1138 Lattimore Dr., stated that since the church put the road in, there has been a lot of trespassing from the road into the Legends subdivision. Steve Perry, 3655 Liberty Hill Dr., asked if the existing road will remain as it is. He stated that now the road has been put in and the trees have been taken out there has been a lot of traffic cutting through to their subdivision rather than the people walking around to the gate. He stated that it is mainly teenagers. Daniel Kureczka, 1125 Lattimore Dr., asked if the road will be used as a delivery road and will there be loading docks. Chris Dutruch, Pastor of Celebration of Praise, 1585 Kennesaw Dr., stated that it has always been an issue of the traffic cutting through the neighbor. He stated that he has done everything they can to keep people off their property as well. He stated what he has seen is that it is mostly the teenagers that cut through the properties. He stated that the road was put in to relieve traffic from US 27 and it does make it safer for the ones who need to travel north on US 27. Commissioner Dubuss asked if staff had any comments on the security issues raised by the residents. Mr. Henschel stated that staff was not aware of the issues. He stated that the road will remain in place and he can verify the landscape plan to make sure nothing has died and invited access to the neighborhood. Commissioner Jones stated that the applicant has shown good will to the residents with the changes that have been made to the plans. City of Clermont MINUTES PLANNING AND ZONING COMMISSION NOVEMBER 1, 2011 Page 7 Commissioner Proli stated that maybe the homeowners could put fences up on their properties to ward off the trespassers. Mr. Henschel stated that the homeowners could put a fence up on their property lines. Commissioner Loyko stated that the only two concerns is the traffic trespassing through the neighborhood for which the church has nothing to do with. He stated that as far as delivery noise, there is 150 feet of trees for a buffer is pretty substantial. Madam Chair Whitehead stated that they have made changes to the site plan so she feels the church will be willing to work with the residents about their concerns. Commissioner Jones moved to recommend approval of the conditional use permit; seconded by Commissioner Proli. The vote was unanimous to recommend approval for the conditional use permit to City Council. There being no further business, the meeting was adjourned at 7:46 pm. I / h Cue ' - Whitehead, Chairwoman ATTEST: 3/NOL,. V w Rae Chidlow — Administrative Assistant