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09-18-2017 P&Z Minutes . City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 18, 2017 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday, September 18, 2017 at 6:30 p.m. by Chairman Nick Jones. Other members present were Cuqui Whitehead, Carol Thayer, and Tony Hubbard. Barbara Hollerand, Development Services Director, Curt Henschel, Planning Manager, John Kruse, Senior Planner, Dan, Mantzaris, City Attorney and Jane McAllister, Planning Specialist, were also in attendance. Chairman Jones gave instructions as to how to conduct the business of the Planning & Zoning commission. Commissioner Whitehead moved to approve the minutes of the July 6, 2017 meeting as written; seconded by Commissioner Thayer. MINUTES of the Planning and Zoning Commission meeting held July 6, 2017 were approved as written. REPORTS: Commissioner Whitehead commended the Fire Department for a great rescue during the storm. She also commended all the city workers who worked so hard through and after the storm. REQUEST: To change the Future Land Use designation for the 9.5 +/-acre parcel from Lake County Urban Low to Clermont Commercial. APPLICANT: AVID Group Senior Planner, John Kruse, presented the staff report as follows: The applicant, AVID Group, is requesting a small-scale comprehensive plan for the subject property. The request was before the Council earlier this year for consideration,but it was withdrawn in April by the applicant to further refine the development plan. The property is approximately 9.5 +/- acres in size. This request is being heard concurrently with requests for annexation and rezoning. The applicant wishes to develop the property and use City services. The small-scale comprehensive plan amendment would change the land use from Lake County's Urban Low within a major commercial corridor to the City's Commercial designation. The property fronts a major six-lane arterial roadway encouraging commercial use and has existing commercial uses to the north and across U.S. Highway 27 to the east. The Commercial designation is supported by the proximity of the property to U.S. Highway 27 and the existing development pattern of comparable intensity in the area. In addition, Lake County's comprehensive plan, Policies I-1.3.2 & I-1.3.10.6, permits the proposed commercial activities and encourages infill development within commercial corridors. The City's Commercial future land use would be comparable with Lake County's Urban Low within the major commercial corridor designation. The Commercial future land use is the most f . City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 18, 2017 Page 2 appropriate based on the development pattern of the surrounding area, which is primarily commercial along the U.S. Highway 27 corridor. Staff recommends approval of the small-scale comprehensive plan amendment to change the future land use from Lake County Urban Low to Commercial in the City. 1. REQUEST FOR REZONING REQUEST: To allow for the rezoning of 9.47 +/- acres from Urban Estate to Planned Unit Development(PUD). APPLICANT: AVID Group Senior Planner, John Kruse,presented the staff report as follows: The applicant, AVID Group, is requesting a rezoning of the subject property. The property is approximately 9.5 +/- acres in size. The project was before the City Council earlier this year for consideration,but was withdrawn by the applicant to further refine the development plan. This request is being heard concurrently with requests for annexation and a small scale comprehensive plan amendment. Upon annexation, the zoning would default to Urban Estate. The applicant is requesting to change to Planned Unit Development (PUD) zoning with C-2 General Commercial uses. The owner wishes to develop the property as a multi-tenant commercial shopping center with typical uses consisting of retail businesses,personal services establishments, fitness center, restaurants, office, and bank/ATM facilities. These uses are all permitted uses in the C-2 General Commercial district. The overall development will have up to 58,000 square feet of C-2 General Commercial use, including approximately 1,400 square feet for outdoor patio use. One of the buildings, the proposed fitness center, will occupy more than 20,000 square feet of floor space but no larger than 22,000 square feet. This structure is identified as"Commercial F"on the PUD Site Development Plan prepared by AVID Group, dated 6/30/17. The overall floor area ratio (FAR) of the total development is 0.14 (14%), well under the maximum amount allowable of 0.25 (25%)under the Commercial future land use. The site will be developed to meet the City's Architectural Standards and will be developed in a manner that closely resembles the architectural style and elevations as presented in the design concepts prepared by Empad Architecture and Design. The applicant has requested PUD zoning for the subject property to include permitted uses in the C-2 General Commercial zoning district with a request for a few waivers to the Land Development Code that allows a flexible development plan tailored to the site. The waivers requested by the applicant include the following: 1. A six-foot high decorative masonry or brick wall to be constructed as an integral part of the top tiers of the retaining wall along the western property line. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 18, 2017 Page 3 2. A modified western landscape buffer that allows clustering for four canopy trees and two understory trees and the omission of these trees along the shared property line at 13220 Maria Ave. 3. One structure greater than 20,000 square feet but no more than 22,000 square feet. Staff has reviewed the applicant's proposal and believes the general commercial uses at this location is compatible with the uses in the area. The four single-family residential homes to the west are approximately 15 feet higher than the proposed development. Adjacent to the homes will be a ten-foot landscape buffer, a six-foot high decorative masonry or brick wall on top of the retaining wall, stormwater pond, and majority of the parking. This transition will keep the buildings pushed towards the front of the property along U.S. Highway 27. The existing building on the northern portion of the property will be the nearest building to the western property line, which is over 200 feet away. The applicant has submitted a traffic impact analysis (TIA) and it has been reviewed by the Lake-Sumter MPO. The Lake-Sumter MPO is satisfied with the responses provided and is requesting monitoring of two intersections in the area to determine if the project causes the level of service (LOS) of the intersections to deteriorate below acceptable standards. A condition has been placed in the ordinance that requires monitoring and the developer's proportionate fair- share for improvements if it becomes warranted. Under previously approved ordinances and site plans granted by Lake County, approximately 68,000 square feet of floor area ratio could be constructed on the subject property. St. Mathias Episcopal Church project was approved for approximately 26,000 square feet, the Pointe at Lost Lake was approved for approximately 33,000 square feet, and the existing building is approximately 9,000 square feet. The applicant is proposing 58,000 square feet under the terms of the PUD, or approximately 10,000 square feet less. Staff have reviewed the application and believes that the proposed uses will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity and the proposed use will comply with the regulations and conditions specified. Staff believes the proposed PUD meets the review criteria in Section 122-315. Staff recommends approval of the request for a Planned Unit Development with C-2 General Commercial uses with the conditions outlined in Ordinance 2017-35. Ms. Cecelia Bonifay, 420 S Orange Ave., Orlando FL, attorney for owner and developer. Ms. Bonifay said the owner and the transportation consultant for the project were present to answer questions. Ms Bonifay said she was not involved with this project when it first came before the Commission. Ms. Bonifay said they have met with neighborhood people of Anderson Hill and addressed several points, and that a new traffic study will help to make a determination on the future of Anderson Hill Road. She said there was additional work done by the transportation consultant to City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 18, 2017 Page 4 address the problem, and he thinks the changes will make a big difference. There are 3 parcels involved, there will be a unified plan of development. Mr. Quint Roberts, Owner, 625 SR 100 Palatka, FL. said they are going to combine 3 parcels into one. They are lessening the square footage allowed right now. Reducing density of the site and limiting accesses to two on Anderson Hill Road. He said Anderson Hill Road has been there for a while, and hasn't been well kept by Lake County. Mr. Roberts said the road is not being over utilized. Currently it is using 17%of its capacity. Trips generated by the project will raise the capacity to 21%. An accident study showed that over the last 5 years there have been 5 accidents on the road. He said the road can use some work, and they are willing to do some of the work to make it safer. He said they will add sidewalks along their property boundary. Mr. Roberts said there will be visually appealing walls that will block much of the view of the commercial site from the residential area in Anderson Hill. There will also be a landscape buffer. He said this is a commercial site and should be developed as such. Mr. Peter Pensa, Planner for AVID Engineering, said in reference to the Comprehension Plan Amendment, the land use in the County currently is Urban Low Density. The residents are saying that this is a residential category, and that the commercial is an intrusion into the residential area. He said that is not the case, and that there is no change in the maximum intensity from what it is now. Mr. Pensa showed a site plan that has already been approved in the county, and then showed the site plan that they wish to use which shows the buildings are to the front of the property toward U.S. 27, and most of the parking is in the rear. It moves the commercial use away from the residential property. He said they met with neighbors and developed a plan to please the owners of property nearest to the project as far as buffers are concerned. Mr. Pensa showed elevations in which the rear elevation on the buildings are just as pleasing as the front elevations. He added that the project is designed to be pedestrian friendly. The specific wall design has not been chosen yet,but he showed a suggested wall type that they might used. Mr. Vas Brisard, Traffic Plan and Design, 13066 Winter Garden, FL, Traffic Consultant, and Engineer. Mr. Brisard said the main traffic concerns are volume, crash history, and safety. The community was concerned with traffic coming from the west along Anderson Hill Road. We found that denying access from Anderson Hill Road might cause more traffic safety issues. There were concerns with the U-turn at Johns Lake Road, and it was found that there is no significant issue. Another concern was the intersection of U.S. 27 and Citrus Tower Blvd., and it was found that this development would add 1 car every three minutes which is not a lot of traffic. Cecelia Bonifay, asked for rebuttal time after the public has an opportunity to speak. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 18, 2017 Page 5 Chairman Jones opened the meeting for public comment. Charlie Russ, 21512 Lakeshore Drive, Clermont, FL objects to the project because his driveway comes out on to Anderson Hill Road. He said Anderson Hill Road is made of clay, and that those curves were originally put into the road to stop citrus trucks from using Anderson Hill as an access road to U.S. 27. If the count of 17% is accurate he said it doesn't add up since he has a problem getting out of his driveway because of the traffic. More traffic using those two 90 degree turns will cause more accidents. He said he hears everything that goes on at the Harley Davidson on the weekend. He is concerned about the noise level of an establishment that might have people sitting outside, and the additional pollutants running into Lake Minnehaha. Ms. Sonia Durans, 12442 Lakeshore Drive, objects to the project because she is concerned about traffic on the downhill side of Anderson Hill Road and Lakeshore Dr. Ms. Durans said there are no stop signs on Anderson Hill Road, and pointed out that Brogden Dr. has speed bumps and stop signs to slow traffic down. She is concerned about traffic at Lakeshore Dr. and Anderson Hill Road, not just at 27 & Anderson Hill Road. Mr. Tim Strodes, 12239 Warren Road. Objects to the project and asked that the commission not take staff recommendation to approve. He said this is not compatible with this area. He said this commercial use is not the same as other commercial uses along U.S. 27. Anything that goes in will have significant impact on Anderson Hill Road and the residential area. This is a minor road to serve local residents, also coming out of Anderson Hill Road on to U.S. 27 you are coming out into 3 lanes of traffic. They should be allowed to develop property,but should have access from and on to Highway 27. Megan Jones, 12303 Sunshine Drive. She asked why you would allow for restaurant and bar use when there have been DUI accidents. She said there are school bus stops with no sidewalks for the children. Mr. Tom English, 12307 Warren Road, objects to the development and requests that whatever goes in be compatible with the residential neighborhood. He said that getting on to US27 is a problem with the traffic, and making the right and then the left turn to go to East Ridge High School is dangerous. Asked for no access to or from Anderson Hill Road. He also indicated that children must walk in the grass or in the road to get to their school bus stop. Chairman Jones asked staff if you were to live west of US 27 and south of Highway 50, what is the access from the west to Highway 27 besides Anderson Hill Road. Mr. Kruse responded that there is access from Lakeshore Drive to U.S. Highway 27 on Hammock Ridge Road, Brogden Drive, and Hooks Street. Cecelia Bonifay on behalf of applicant and owner said she understands that this is an emotional issue. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 18, 2017 Page 6 Lake County approved the uses of these parcels. There are 2 approved accesses to Anderson Hill Road. She said that DOT is not going to allow any more access onto U.S. 27 because of the spacing requirements. This owner has this property on US 27. They have to come into the city of Clermont in order to get utilities from the city. They want to develop the commercial property. Ms. Bonifay urged the commission to approve this request. Commissioner Whitehead asked of there was another access point on Anderson Hill Road. Ms. Bonifay replied that there is access to the Gerber Auto Repair which is not connected to this property. Chairman Jones closed the public portion. Chairman Jones asked for the County plan which has been approved for the site to shown again. The comparison to that and what is being proposed shows a great improvement toward keeping most of the commercial as far away from the residential area as possible. He said the applicant has met staff requirements, and that Anderson Hill Road has already become a connector point between Lakeshore Drive and US 27. Commissioner Hubbard asked if the project would be on septic tank? Mr. Kruse said they will have city utilities. Only the gym is on septic,but if it comes into the city it would go on city sewer. It is a county road and the county has approved it for this project. DOT refused to put in another entry or exit along US 27. Comprehensive Plan Amendment: Commissioner Whitehead moved to approve Comp Plan Amendment, there was no second. Commissioner Hubbard moved to approve with the condition that there be no access to Anderson Hill Road, seconded by Commissioner Thayer. The vote was unanimous for approval with the condition that there be no access to Anderson Hill Road. Rezoning: Commissioner Hubbard moved to approve with the condition that there be no access to Anderson Hill Road, seconded by Commissioner Thayer. The vote was unanimous vote to approve with the condition that there be no access to Anderson Hill Road. N City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 18, 2017 Page 7 Chairman Jones called for a 2 minute break Chairman Jones called the meeting to order REQUEST: To amend Resolution No. 2014-19 to allow for the removal of the tree mitigation plan. APPLICANT: Charles C. Hiott Planning Manager, Curt Henschel presented the staff report as follows: The applicant is requesting a Conditional Use Permit(CUP) to amend Resolution No. 2014-19 for the Clermont Hillside Terrace. When the original site was developed in 2003 there was a tree mitigation plan set in place with the original developer of the site. This was due to the fact that this site was originally a heavily wooded parcel with many large oak trees. The plan involved a payment of trees that could not be replanted back on the site. A total value of 469 trees was to be paid into the City's tree fund. The developer made a payment for 200 of the 469 trees at the time the development started. The remaining amount was then made to be a condition of Resolution No. 2014-19 detailing the outstanding amount to be paid to the City's tree fund. The original developer/owner is no longer associated with the property, and the current applicant is requesting to remove these conditions from the current conditional use permit. Below is Section 3 (1) of Resolution No. 2014-19. This portion is requested to be removed from the CUP. Tree Replacement: 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, an D, and Parcel C. 1,407 inches equals a minimum of 469 trees at the Code required three inch (3") caliper. The costs for the deficient inches/trees were to be paid into the City's tree fund. To date 600 inches (200 trees)have been paid for(based on replacement tree costs as agreed on with the City). Prior to 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 in full. Tree costs for the remaining 807 inches (269 trees) and payment timeline is recommended to be negotiated with the City Manager's office. Staff recommends approval of the CUP amendment. Applicant Chuck Hiott, Booth, Ern, Straughan & Hiott, Inc. 902 N Sinclair Ave, Tavares, FL. is available to answer questions. Commissioner Jones opened to the public. No one wished to speak. Commissioner Jones closed the public portion. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 18, 2017 Page 8 Commissioner Whitehead said there are a lot of properties with a lot of trees coming up. She said she does not wish to set a precedent by allowing this applicant to remove the requirement. Commissioner Thayer asked if trees that are taken down have to be replaced. Mr. Henschel said that is already a condition. Commissioner Hubbard asked how much money is owed for the replacement trees that they are asking to be forgiven. Mr. Henschel said approximately$45,000.00 Chairman Jones said there are a lot of trees on this property. He thinks it is unreasonable to make them pay the cost of the trees. There was discussion among the Commissioners both pro and con. Commissioner Hubbard moved to approve the request to amend the Conditional Use Permit, seconded by Commissioner Thayer. The vote was 2 to 2. Voting for approval Commissioners Jones and Hubbard, against approval Commissioners Whitehead and Thayer. 4. REQUEST FOR SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT REQUEST: To consider a proposed change to the City's Future Land Use Map. The map amendment would change the Future Land Use designation for the 6.35 +/-acre parcel from Lake County Urban Medium to Clermont High Density Residential. APPLICANT: Clermont Ridge, Ltd. Senior Planner, John Kruse,presented the staff report as follows: Due to lack of a quorum at the August 1, 2017 Planning and Zoning Commission meeting, this request and the related request for a rezoning on this property could not be considered by the Commission for a recommendation to the City Council. Final hearings for the annexation, comprehensive plan amendment and rezoning are now requested to be considered together at the September 12, 2017 meeting, which will follow the September Planning&Zoning Commission meeting on September 11, 2017. The ordinances were introduced at the Council meeting on August 8, 2017. The applicant, Clermont Ridge, Ltd.., is requesting a small-scale comprehensive plan amendment for the subject property. The property is approximately 6.34+/_acres in size and is located north of Hunt Trace Boulevard and west of Oakley Seaver Drive. This request is being heard City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 18, 2017 Page 9 concurrently with requests for annexation and a rezoning to a Planned Unit Development(PUD) to allow for senior housing. The applicant would like to develop the property and have City services available. The small-scale comprehensive plan amendment would change the future land use from Lake County's Urban Medium to the City's High Density Residential designation. Lake County's Urban Medium density would allow a maximum of seven dwelling units per acre. The applicant is requesting the City's High Density Residential designation that will allow a maximum of up to 12 units per acre. The proposed senior housing project with small, affordable one-bedroom units (approximately 400 square feet living space) will require High Density Residential future land use to achieve the goal of the project and provide the highest and best use for the property. The subject property is located in close proximity to South Lake Hospital, medical offices, and assisted living facility,hotel, public transit services and commercial shopping opportunities. The proposed us is consistent with the surrounding area and several other projects with similar densities such as Madison Clermont Apartments and the Lofts, which consist of up to 12 dwelling units per acre. The proposed High Density Residential future land use designation is consistent with the City's adopted comprehensive plan policies, specifically policies 1.2.2, 1.2.4, and 1.3.1, for senior housing project. Therefore, staff recommends approval of the small-scale comprehensive plan amendment to change the future land use from Lake County Urban Medium to City High Density Residential. 5. REQUEST FOR A REZONING REQUEST: To allow for the rezoning of 6.35 +/-acres from Urban Estate to Planned Unit Development(PUD). APPLICANT: Clermont Ridge, Ltd. Senior Planner, John Kruse, presented the staff report as follows: Due to lack of a quorum at the August 1, 2017 Planning and Zoning Commission meeting, this request and the related request for a rezoning on this property could not be considered by the Commission for a recommendation to the City Council. Final hearings for the annexation, comprehensive plan amendment and rezoning are now requested to be considered together at the September 12, 2017 meeting, which will follow the September Planning &Zoning Commission meeting on September 11, 2017. The ordinances were introduced at the Council meeting on August 8, 2017. 6 ti City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 18, 2017 Page 10 The applicant, Clermont Ridge, Ltd.., is requesting a rezoning of the subject property. This request is being heard concurrently with requests for annexation and small-scale comprehensive plan amendment. Upon annexation, the zoning would default to Urban Estate. The applicant is requesting a change to Planned Unit Development(PUD) zoning in order to develop the property as an age-restricted (62 and over)residential project. The applicant desires to develop the property for low-income senior housing. The applicant is proposing 70 units on 6.35 +/- acres, located north of Hunt Trace Boulevard and west of Oakley Seaver Drive. The density would be 11.2 units per acre. The property is within 2,000 feet of South Lake Hospital,medical offices, and assisted living facility,hotel, a public transportation network and commercial shopping opportunities. Also within this area are several other projects with similar densities, such as Madison Clermont Apartments and the Lofts,which consist of up to 12 dwelling units per acre. The applicant has provided a conceptual site plan, prepared by Highland Engineering, Inc., dated 07-14-17, showing the layout of the buildings and parking on the site. The project will consist of 14 buildings with five living units each, 70 total units, with a clubhouse and other amenities for the residents. The proposal is for residential use only with no commercial aspects proposed. In addition, there will be no impact on the Lake County school system by the proposed development since it is an age-restricted community. The property will be managed by one entity. The site is currently being used for a single-family home. The current conditions of the site will be challenging to develop and the very nature of the PUD zoning will allow waivers to the land development code to provide development flexibility and to maximize the use of the land. The property slopes down from Hunt Trace Boulevard towards Jacks Lake. The overall change in elevation is almost 100 feet and makes the site challenging to develop. The applicant's engineer is requesting cut and fill up to 36 feet over the project area. The engineer has indicated that approximately 27% of the site will have cuts exceeding 10 feet and 40% of the site will have fill exceeding 10 feet. The applicant is requesting a maximum retaining wall height of 10 feet. The applicant is requesting a 10 foot building setback from the side property lines, east and west. The applicant can meet the required setbacks from Hunt Trace Boulevard and Jacks Lake, which are 25 feet. Since this proposal is for affordable senior housing,the applicant is requesting a minimum living unit size of 392 square feet or greater. Five units will be in one building, which will be around 2,000 square feet. The units are designed for one or two people with only a one-bedroom offering. The applicant has indicated that they can serve the entire development with one central trash enclosure for solid waste collection. The concept plan includes more than the required parking spaces and the trip generation for this type of use, Senior Adult Housing—Attached 252, is much lower than Residential PUD 270, which could be allowed under Lake County's Medium Density future land use. The City currently has a utility easement running along the east property boundary that must remain clear. Therefore, no landscaping is being proposed along the eastern property line except for groundcover. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 18, 2017 Page 11 Staff has reviewed the applicant's proposal and believes the proposed use at this location is compatible with the uses in the area. Staff believes the proposal meets the standards with regard to Section 122-315, Review Criteria for a PUS. Therefore, staff recommends approval of Ordinance 2017-30 for a PUD to be developed in substantial accordance with the conceptual plan prepared by Highland Engineering, Inc., dated 07-14-17. Staff recommends approval. Commissioner Jones asked if the applicant was present. For the record, Commissioner Whitehead stated she knows Steve Smith but has not discussed it with him. For the record, Commissioner Jones said he had some minor involvement in discussing the plan with the applicant. All was pro-bono. Jimmy Crawford, 1201 W Highway 50, Clermont, FL represents Clermont Ridge, Ltd. Mr. Jeff Banker project engineer, and Steve Smith will Steve Smith, 1323 Briarhaven Lane, Clermont, FL said many seniors are living on social security. Affordable housing needs to be within one mile of public transportation,medical facilities, and shopping. He stated he lives within 300 feet of the project. He said the property is surrounded by commercial sites, and there would be very little impact to traffic in the area. Mr. Smith showed the proposed elevations. Jeff Banker, Highland Engineering, said he lives in South Lake Forest which is next to where this project is proposed. He said he designed the cut and fill to work with the typography. Mr. Banker said he will answer questions. Jimmy Crawford said he has done many multi-projects projects in the area. He said with this project crime will not be an issue, noise will not be an issue with kids or teenagers. There will not be an institutional look to the project. It is all one story, and the look is residential in nature. Senior housing will have little impact on traffic. Chairman Jones opened the floor to the public. Justin McThern, 1211 Laurel Haven Court, objects to this project and is concerned that medium density will turn into high density commercial right in his neighborhood. He said Clermont is losing green space. Seniors will have visitors in and out all day long. He said he wouldn't want to live in 400 square feet of space. The entrance should not be off of a dead end cul de sac. He said this property should be turned into a park or some kind of green space. He suggested moving this project over to Hook St. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 18, 2017 Page 12 Richard Graham 1220 Lauren Haven Court, is concerned about where the access road will be located. The new design is more palpable. He is also concerned about the water pressure. He opposes the rezoning as high density as it is in the middle of medium density homes. He said it is not right to change zoning after people have been living in the area. Laura Zahn 1203 Fairview Ct, objects to this project because she is worried that"low income" will decrease her property value. She added that the property is a home for gopher turtles, and according to law they cannot be disturbed. Patty Jones, 1202 Fairview Court. She said there are 2 parcels of land across the street. She is worried that"low income"housing will affect the value of her house. Hunt Trace is a narrow street. She doesn't think this is the right place to put this development. She is opposed to the project. Linda Smith, 1323 Briarhaven Lane, she said she is an avid walker and loves animals. There has been a lot of building since she bought her house. She thinks the best possible thing that could be built on this property is this housing for seniors. She loves the neighborhood and hopes that will continue. Jimmy Crawford, said we are not looking for high density commercial. The property cannot be anything but what is in the PUD, or they have to come back to the Commission for approval. He said a water pressure study is required at site plan approval. Then the city determines what kind of pressure is required. He said they are requesting high density classification because that is a requirement for this type of project. Chairman Jones closed the public portion. Commissioner Thayer said she is concerned that there are no trees shown on the site plan. Mr. Kruse advised her that is something that is addressed at site review. She then asked how close the driveway will be to the community driveway next door. Mr. Kruse said that is another item that is determined in site plan review. Mr. Banker said there will be approximately 100 feet between the driveways. Commissioner Thayer said that"low income"bothers her,because there are really nice houses around where this project is coming in. Is this area now going to become all low income housing? Jimmy Crawford reminded Commissioner Thayer that the Fair Housing Act does not allow discrimination against low income housing. He explained that you can't use that as a condition of your decision. � R City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 18, 2017 Page 13 Commissioner Whitehead said she is "low income". She said that is a problem here in the city of Clermont. There is a need for low income housing for seniors here. She said that Gopher turtles have been relocated. She added that she applauds Mr. Smith because she is out there with him feeding the homeless. Chairman Jones said we are the only major city in Lake County that doesn't provide for low income seniors. He encourages the City to do this. Comprehensive Plan Amendment Commissioner Whitehead moved to approve the request, seconded by Commissioner Hubbard The request was approved by a vote of 3 to 1 with Commissioner Thayer voting no. Zoning Commissioner Whitehead moved to approve the request, seconded by Commissioner Hubbard. The request was approved by a vote of 3 to 1 with Commissioner Thayer voting no. 6. REQUEST FOR CONDITIONAL USE PERMIT REQUEST: To allow for an onsite brewery, food service establishments, and other retail uses too occupy more than 3,000 square feet of floor space in the Central Business District. APPLICANT: Darren Johnson, 1075 Lakeshore Drive, Clermont, FL Senior Planner, Curt Henschel presented the staff report as follows: The applicant is requesting a conditional use permit (CUP) to allow a building to occupy more than 3,000 square feet of total floor area at 750 West Desoto Street in the Central Business District(CBD). Under Sec 122-243 of the Land Development Code (LDC), the CBD zoning district allows a variety of uses, but buildings 3,000 square feet or greater require an conditional use permit. In May 2017, the applicant was approved to expand the original building by 1,000 square feet, for a total of 3,500 square feet. The applicant has since made revisions and has established a new plan that called for the demolition of the existing building, and construction of a 7,200 square- foot building. The applicant has determined that the condition and structural integrity of the previously existing building would not support the modifications needed to reoccupy the building. The new structure will enhance the aesthetics of the block and increase the property's taxable value for the CRA increment. City of Clermont MINUTES PLANNING AND ZONING COMMISSION September 18, 2017 Page 14 The applicant proposes to use this building as a restaurant and brewery, which are permitted uses within the CBD zoning district. Additional parking stalls will be required,however, the applicant will be seeking a variance for reduced overall parking count. The applicant and staff believe the project meets the intent of the LCD except for the CUP requirement. Therefore, staff recommends approval of this CUP request. Jeff Power, Power City Architecture, 1318 Bowman Street, Clermont. The building was formerly a feed store and was in really bad shape. It was decided to demolish the building a construct an new building. He said he is available to answer questions Darren Johnson, 1075 Lakeshore Drive, Clermont, will answer questions. There being no one from the public present Chairman Jones closed the public portion. Commissioner Whitehead asked if this was across the street from the Methodist Church, and if he has an arrangement with the church for parking. Mr. Johnson replied that he does not have an arrangement with the Methodist Church for parking. Mr. Power said there will be ample parking for the entity. Commissioner Whitehead moved to approve the request, seconded by Commissioner Thayer The vote was unanimous for approval. 7. Sign Ordinance Amendment Commissioner Whitehead moved to table the Sign Ordinance Amendment to the Oct 3, 2017, meeting, seconded by Commissioner Thayer. The vote was unanimous in favor of tabling the item. There being no further business, the meeting was adjourned at 9:25 p.m. Nic./o yes, Cha rman ATTEST: J e C. Allister—Planning Specialist