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10-01-2019 P&Z Minutes (Draft)City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 1, 2019 The meeting of the Planning & Zoning Commission was called to order on Tuesday, October 1, 2019 at 6:30 p.m. by Chairman, Herb Smith. Members present were: Herb Smith, David Colby, Tony Hubbard, Max Krzyminski, Tim Murry, Julie Santos and Ebo Entsuah. Also present for City staff was City Attorney, Daniel Mantzaris, Esq., Development Services Director Curt Henschel, Planning Manager John Kruse, Senior Planner Regina McGruder and acting recording secretary, Rosalee Cohen. REPORTS FROM THE COMMISSION: Chairman Smith entertained a motion to approve the Minutes of the August meeting. A motion was made by Commissioner Colby, seconded by Commissioner Hubbard to approve the Minutes as written. Minutes were approved unanimously. Commissioner Entsuah stated that it was nice to see so many people in attendance. He promoted Clermont's National Night Out and implored everyone to go if they're able to. Report from the City: Development Services Director, Henschel advised that Agenda Item #10, Ordinance No. 2019- 45 Clermont Auto Center Rezoning, request to consider ordinance to change the zoning from C1 Light Commercial to (PUD) Planned Unit Development for property located at 789 West Highway 50, Clermont, has been withdrawn by the Applicant in case anyone in the audience is here for that Item. NEW BUSINESS Item #1 - Ordinance 2019-06 - South Lake Crossings PUD Request: The applicant is requesting a rezoning to a Planned Unit Development (PUD) for a mixed use project on 743 +/ acres located east of the Us Hwy 27 and Schofield Road intersection. Planning Manager Kruse stated that City Staff is requesting to table this Item to November 5, 2019 to allow them additional time to work on the PUD Ordinance. Chairman Smith entertained a motion to table this item. Commissioner Entsuah made a motion to table Ordinance 2019-06 to November 5, 2019, seconded by Commissioner Santos. All voted in favor. Vote passed 7-0. Item #2 - Ordinance 2019-30 - Hartwood Properties Rezoning Request: To consider an ordinance to rezone 80+/ acres located % mile south of Hartwood Marsh Road, east of US Hwy 27 for a Planned Unit Development consisting of C2 General Commercial uses. Planning Manager, Kruse presented the staff report. The owner, Hartwood Properties LLC, has requested a rezoning to a Planned Unit Development with C-2 General Commercial uses and Residential uses. The subject site is 80 +/- acres in size. The property is mile south of Hartwood Marsh Road, east of US Hwy 27. A portion of the property has been historically used for agricultural purposes. October 1, 2019 P&Z Meeting Minutes Page - 1 The applicant desires to develop the property for commercial and residential uses in the future, which may include up to 600 multi -family dwelling units and up to 120,500 square feet of commercial uses. A conceptual site plan has been submitted to show what could be placed on the property in respect to uses, intensities and densities. Due to the City's recent multi -family moratorium and the applicant not having site specific plans, staff is recommending C-2 General Commercial uses until such time the multi- family is ready to move forward with detailed site plans. The applicant has agreed to amended the PUD once this comes to fruition. If approved, the zoning would permit C-2 General Commercial uses on the site. Any residential (single-family or multi -family) uses or conditional uses, such as buildings over 20,000 square feet, would require the applicant to come back before the Planning and Zoning Commission and City Council for approval. A more detailed site plan with specific uses would be submitted at the time the site is ready for development. The PUD with C2 general commercial zoning is compatible with the Master Planned Development and future land use. The property fronts a major federal highway and these types of uses will be compatible in the area. Staff has reviewed the applicant's proposal and finds that the proposed zoning of this location is compatible with the uses in the area. Staff is able to support the request for the rezoning change since it's not in conflict with the City's comprehensive plan and the property can be developed in a similar fashion under Lake County's Regional Office Designation. Therefore, staff recommends approval of the rezoning to a Planned Unit Development to include C2 general commercial. George Kramer, Area Manager with SME of 1615 Edgewater Driver, Orlando, representative of the Applicant, thanked staff for their assistance in working with them and stated he's happy to answer any questions. Chairman Smith turned it over to the audience for comments. The following audience members made comments regarding current traffic conditions on Hartwood Marsh Road that is already over capacity and they are not in favor of this project. Several of them stated that they do not believe this type of facility should be located near a residential area. They implored the Commission to consider the residents of this area when making a decision. Kimberly Day, 2646 Hartwood Pines Way, Clermont spoke about people cutting through their small subdivision, community has spent a lot of money to build a gate and is against adding commercial property in this area. She presented a document showing proposed residential development in the area and asked what has happened with that. Planning Manager Kruse responded that this is called FUQUA and there is a subdivision proposed before the City now. John Sweeney, Regency Hills — spoke about endless line of bumper to bumper traffic on Hartwood Marsh Road compounded by the school and difficulties faced with coming out of the subdivision. Cindy Emely, 2633 Hartwood Pines Way, Clermont spoke about being a long time resident and stated that an expansion of the road is needed to accommodate all the traffic and implored the commission to take the residents into consideration. Wes Essmiller, 2728 Kingston Ridge, Clermont, Regency Hills stated that Hartwood Marsh Road is county regulated and that the traffic is terrible. The City should work with the County to help. October 1, 2019 P&Z Meeting Minutes Page - 2 Miriam Koch, 2670 Harwood Pines Way, Clermont spoke about the endless traffic and the danger of not being able to see oncoming traffic and implored the Commission to go out and take a look at the situation. George Kramer said he sympathizes with the issues related to growth in Clermont, but the PUD is consistent with underlined comp plan amendment and the future land use designation in the City provides for regional commercial use. He stated that a lack of mix used is part of the problem and this project provides a long term manageable solution to support the area since it provides a mix of uses which are allowed in the C1 and C2 uses provided in the plan and it's better than residential use. Wayne Rich, 390 N Orange Avenue, Orlando, representative of the Applicant stated that they are aware of the transportation issues and there is an ongoing process to address these long term needs to help the residents. Imbedded in the Olympus project is a transportation plan which will alleviate this issue and the funding will come out of the development of these projects. Not an immediate solution, but combined efforts of the City and County to hold regular meetings to address these issues and when we move forward with the entitle process, we'll have to come back and submit plans to include detailed traffic studies to address these issues. Chairman Smith returned it to the Board. Commissioner Hubbard asked staff what is the density, how many units per acre for multifamily development. Planning Manager Kruse said they are requesting 600 multifamily on an 80 acre site, the density is C2 general commercial, there is no residential included in this request. We are working on transportation impact fee ongoing with Lake County which includes Hartwood Marsh Road. The FUQUA development there is dedication of a right of way along Hartwood Marsh Road for widening of the road being directed by Lake County. Hancock extension is moving forward and road improvements are in the works, but he did not have a specific date. Commissioner Hubbard asked if this goes past Regency Hills. Planning Manager Kruse said he has not seen anything on paper at this time, but there are ongoing discussions. Commissioner Santos asked for confirmation that we're rezoning to C2, but no specific plan and once the Applicant has a specific plan, they will come back to the City for approval. Planning Manager Kruse explained that they put together a conceptual site plan of what potentially could work on the site, if it includes any residential or commercial over 20,000 square feet they have to come back for approval based on the code. If they wanted to do a 4,000 square foot retail store, they have certain entitlements which allows them to move forward and they would need additional approval only if they want to put one building greater than 20,000 square feet, something that is not a permitted use or any residential. The code is set up with a 20,000 square foot cap on one single building, but they could do several buildings below that cap. Commissioner Colby asked the Applicant if the ingress and egress is all off of 27 and does not abut Hartwood Marsh Road. Mr. Rich stated it's currently so, but they're working on future connectivity on Hartwood Marsh. Commissioner Murry mentioned that Hancock Road is being extended, and asked the Applicant will there be any connection on this project to Hartwood Marsh Road. Mr. Rich stated that it'll all be on 27. October 1, 2019 P&Z Meeting Minutes Page - 3 Commissioner Hubbard asked why does the arrow show connection to Hartwood Marsh Road if that's not the case? Mr. Rich stated that the Applicant is providing potential connectivity should the City wish to connect those roads to the adjacent properties. Mr. Kramer clarified those connections should not be shown as they were eliminated when the FUQUA development was approved. There is no access on Hartwood Marsh Road. Commissioner Hubbard asked if the current map he's looking at is incorrect. Mr. Kramer said yes, those were eliminated. The north and south are no longer there, they were eliminated. Commissioner Murry confirmed that the Applicant will have to come back to the City for approval for any residential development. Attorney Mantzaris suggested that if the connectivity issue is a concern for the Commission, they could add the condition that there be no direct access on Hartwood Marsh Road for this project if this is approved and it would move to the City Council. Chairman Smith returned it to the Board. Commissioner Hubbard made a motion to deny Ordinance 2019-30. Motion seconded by Commissioner Krzyminski. Vote on Motion for denial at 3-3. Attorney Mantzaris stated that unless there is some additional discussion that the Commission would like to have to see if another could be put forth, this would move to the City Council as a denial. Commissioner Santos stated she's willing to approve it only with the recommendation that there be no connection to Hartwood Marsh Road. Commissioner Santos made a motion to approve Ordinance 2019-30, with the condition that there will be no connection to Hartwood Marsh Road for this project. Motion was seconded by Commissioner Colby. Motion passed 4-2. ITEM #3 — Ordinance No. 2019-33 Bradshaw North Rezoning REQUEST: Applicant is requesting a rezoning to C-2 General Commercial Planning Manager Kruse presented the staff report. The owner, BLR-Shell Pond/Floribra-Shell Pond, has requested a rezoning to C-2 General Commercial. The subject site is 16.7 +/- acres in size and is located in the Wellness Way Area Plan. The property is located northeast of the intersection of US Hwy 27 and Schofield Road. This request is being heard concurrently with requests for annexation and a Comprehensive Plan Amendment to the City's Commercial Future Land Use. The property is located within the Interlocal Service Boundary Agreement (ISBA) and the Joint Planning Area (JPA). A portion of the property has been historically used for agricultural purposes. The applicant desires to develop the property for commercial uses in the future, which may include a 140-room hotel with up to 32,800 square feet of commercial uses. A conceptual site plan has been submitted to show what could be placed on the property in respect to uses, intensities and densities. If approved, the zoning change would permit C-2 General Commercial uses on the site. Any conditional uses, such as buildings over 20,000 square feet, would require the applicant to come back before the Planning and Zoning Commission and City Council for approval. The applicant provided the conceptual site plan to demonstrate the long narrow parcel could accommodate projects with parking and stormwater systems. A more detailed site plan with specific uses would be submitted at the time the site is ready for development. The C-2 General Commercial zoning is compatible to the proposed Commercial Future Land Use. The property fronts a major Federal Highway and these types of uses would be compatible in the area. Residential uses on the site would be highly unlikely due to the October 1, 2019 P&Z Meeting Minutes Page - 4 property's configuration and location on the highway. Staff has reviewed the applicant's proposal and finds the proposed zoning at this location is compatible with the uses in the area. Staff is able to support the request for the rezoning change since the subject property meets the requirements for voluntary annexation, the City is capable of serving the property, it is not in conflict with the City's Comprehensive Plan, and the property can be developed in a similar fashion under Lake County's Wellness Way 1. Therefore, staff recommends approval of the rezoning to the City's C-2 General Commercial zoning designation. George Kramer of SME, 1615 Edgewater Drive, Orlando, representative of the Applicant, thanked staff for working with them, stated that he agrees with staff's recommendation and is willing to answer any questions. Wayne Rich, 390 N Orange Avenue, Orlando, representative of the Applicant explained that the site plan shows the Schofield Road intersection which is part of the overall Wellness Way transportation plan being contemplated and noted that there will be right of way issues to accommodate future growth to the south and east of this project. The Applicant will be addressing any transportation needs and the access is off of Highway 27 and once Schofield Road is completed, there'll be an opportunity to connect back to Hancock Road. He mentioned that the Applicant will have to come back to the City for any site plan approvals as this is just a conceptual plan. Chairman Smith turned it over to the audience. There was no one in the audience to speak, he returned it to the Board. Commissioner Entsuah asked for confirmation that ingress will only be on Highway 27 and that Bradshaw Road will not be opened. He stated that the plans show commercial, however the plans show 140 units for a hotel. Planning Manager Kruse confirmed that a hotel is considered commercial, not residential. Chairman Smith entertained a motion. A motion was made by Commissioner Hubbard to approve Ordinance No. 2019-33. Motion was seconded by Commissioner Colby with all voting in favor, vote was unanimous passed 6-0. ITEM 4 — Clonts Groves Development Agreement REQUEST: The owner is requesting a development agreement for 55.08 +/ acres located southeast of the US Hwy 27 and Schofield Road intersection. Planning Manager Kruse presented the staff report. The owner, Clonts Groves, is requesting a development agreement for 55 +/- acres located southeast of the US Hwy 27 and Schofield Road intersection. The property is adjacent to the Olympus Sports and Entertainment project. The property has frontage along US Hwy 27 and there is an existing median opening at the north end of the property that has access to Schofield Road. The owner envisions a project that incorporates multi -family, commercial, retail, and office uses. The owner is requesting a density of up to 12 dwelling units per acre, with an anticipated 600 multi -family units, and a maximum of 152,500 square feet of commercial uses. Once a specific development plan has been decided upon, a Planned Unit Development (PUD) rezoning application will be submitted to the City for consideration. Until such time, the owner requests the property to be used for agriculture uses under the Urban Transition zoning. The development agreement is associated with an annexation application and a large - October 1, 2019 P&Z Meeting Minutes Page - 5 scale comprehensive plan amendment to the City's Master Planned Development. The owner is setting the framework for future development potential through the annexation and Master Planned Development land use. The Development Agreement requires the owner to participate in the Wellness Way Transportation network along with other specific conditions. These conditions can be moved over into the PUD ordinance when the time comes. Staff supports the Development Agreement with the understanding the owner will rezone the property to a Planned Unit Development when specific plans are prepared and presented, which would be at a later date. Cecilia Bonifay, attorney at law with the Akerman law firm, 420 S Orange Avenue, Orlando, representative of the owner spoke at length about the project. The provider of the utilities will dictate which portions of the property will remain in the City of Clermont and Lake County. The owners are the seller looking for a qualified buyer who will develop the property in a thoughtful way. Depending on who buys the property, they may want to change the configuration. What's in now is just the mix, commercial, office and multifamily which will complement each other. There was never any prescription as to who pays for the traffic signal at Schofield Road, so everyone will pay their proportionate share. Once there is a definitive developer, they have to come back to the City and do a Planned Unit Development. There is ongoing planning and each project will be required to do their fair share as it relates to schools, roads, etc. It will take a collaborative effort to make this area work efficiently and in the citizens' best interests. She'll be happy to answer questions. Chairman Smith turned it over to the audience. The following residents voiced their objection to this project, raising issues of the density, etc. Sue Cordova, 2768 Kingston Ridge Drive, Clermont. John Lankford 2660 Valiant Drive, Clermont, asked specifically when was the last time the Comprehensive Plan was amended. Planning Manager Kruse responded it was done in 2009. Mr. Lankford talked about the major growth and development and the lack of proper infrastructure. He asked about schools once this is approved, how is the City working with the County to ensure there is adequate school for the children. Planning Manager Kruse responded that the City has a concurrency agreement with Lake County and when the development is ready to go forward, they'll do a school concurrency report, once the numbers are run, they will make that determination if there are inefficiencies. School impact fees from pulling permit, goes into a pot with Lake County. There is a lag time between the structure and the funding and that's something being worked on, statewide to make improvements to that process. Mr. Lankford asked the Board to consider a review of the Comprehensive Plan and the need for school. Attorney Bonifay stated she understands all of the concerns. This area is not appropriate for low density. There'll be a four lane highway connecting to the 429. Owners along the area are dedicating right of way, and once these roads are put in place, there will be a network to serve the new development. This is a perfect location for this project, as there will be a mix of high density, commercial and residential. Construction cannot begin until and unless the developer comes back to the City for approval. Commissioner Hubbard asked what was the time frame. She stated should be by the end of November. The challenge has been with getting the cooperation of Orange County. October 1, 2019 P&Z Meeting Minutes Page - 6 Chairman Smith turned it back over to the Board. He entertained a motion. Motion was made by Commissioner Murry asked if there's already utilities in place. Planning Manager Kruse said there's currently no water or sewer in place, but it's being worked on. Olympus is working on bringing them on. He stated that will be looked at if the City is looking to annex this property. He knows there's a need for schools in the area and understands it's being addressed with a new high school being built in the southern area with ground breaking in the near future, and completion sometime in 2022. He feels comfortable supporting this project. Commissioner Colby asked City Attorney Mantzaris if the developer wants to change anything, will they have to come back and get a new development agreement? Attorney Mantzaris stated that the changes would likely come during the Planned Unit Development Process. Commissioner Santos asked for clarification of the 12 dwelling units per acre, which is 600 multi -family units, plus 152,500 square feet of commercial. Planning Manager Kruse confirmed they can do a combination of both, it's a mixed use project, there is no site specific plans and they're just setting the framework as to what they would want to do. Commissioner Hubbard asked Attorney Bonifay if the Developers Agreement is approved, does that mean they can build 600 units. She confirmed no, they would have to come back for approval. This is just a framework. Commissioner Hubbard asked if Hanover will be using Hartwood Marsh Road. Attorney Bonifay said she believes that Schofield Road will ease a lot of the traffic on Hartwood Marsh Road. Chairman Smith entertained a motion. Commissioner Colby made a motion to approve Clonts Groves Development Agreement, motion was seconded by Commissioner Murry. Motion passed 4-2. ITEM #S: Ordinance 2019-43 - Rocky Mount Commercial Ph 2 Comp Plan Amendment REQUEST: Applicant is requesting an amendment to the Future Land Use Map to designate the property with a future land use category of Commercial. Planning Manager Kruse presented the staff report. The applicant, Rocky Mount Development Co., has requested an amendment to the Future Land Use Map to designate the property with a future land use category of Commercial. The subject site is 10.8 +/- acres in size. The vacant property fronts Hooks Street, between Ford of Clermont and Dicks Sporting Goods. This request is being heard concurrently with requests for annexation and a rezoning to C-2 General Commercial. The property is located within the Interlocal Service Boundary Agreement (ISBA) and the Joint Planning Area (JPA). The property has been previously mined and is currently used for agricultural purposes. The north portion of the property was annexed into the City in 2015 and the property is contiguous to the City limits on the north, east, and west boundaries. The applicant desires to develop the property for commercial uses; however, no conceptual plans have been submitted at this time. The proposed map amendment will change the future land use from Lake County's Regional Commercial to the City's Commercial. The related rezoning request will change the zoning from Urban Estate (currently Agriculture District in Lake County) to the City's C-2 General Commercial zoning classification. The requested change is similar to the surrounding zoning, C-2 General Commercial, and land use, Commercial, in the City. October 1, 2019 P&Z Meeting Minutes Page - 7 Several policies in the City's Comprehensive Plan support the proposed map amendment. These policies include Policy 1.1.1, 1.2.1: and 1.12.3. Since the proposed amendment is a very similar land use to the County's Regional Commercial, the adjoining land use is City Commercial, and the amendment would not be in violation of the City's Comprehensive Plan, staff recommends approval of the large-scale comprehensive plan amendment to change the future land use from Lake County Regional Commercial to Commercial in the City. Rick McCoy, of McCoy & Associates, 644 West Avenue, Clermont, spoke on behalf of the owner. He stated this has been a long time coming, there's a lot of interest in this piece and they're excited to annex this into the City. He's available to answer any questions. Chairman Smith turned it over to the audience. There was no one in the audience to speak. Chairman Smith returned it to the Board. He entertained a motion. A motion was made by Commissioner Hubbard to approve Ordinance 2019-43. Motion was seconded by Commissioner Santos with everyone voting yes. Vote passed 6-0. ITEM 6 — Resolution No. 2019-22R Iglesia Evangelica Emanuel, Inc. Request: Applicant is requesting a Conditional Use Permit (CUP) to allow a church use in the C-2 General Commercial zoning district. The applicant is requesting a Conditional Use Permit (CUP) to allow a church use in the C-2 General Commercial zoning district, The Land Development Code, Section 122-224 requires a Conditional Use Permit. The subject property is located in the South Lake Plaza, a multi -tenant shopping center with retail, office, restaurants and other commercial uses. The applicant proposes to occupy approximately 2 ,400 square feet of vacant building space. The church intends to have 54 seats for Sunday morning service at 9:00 am to 1:00 pm, and will hold a Tuesday and Friday evening bible study and worship service from 7:30 pm to 9:30 pm. The Land Development Code, Section 98-14 requires one space per four seats, the proposed use with 54 seats will require approximately 14 parking spaces. With the existing businesses operating at normal business hours, and the church operating at typical non -business hours, staff finds there will not be any parking issues on site. The proposed church will be located in the rear of the plaza. Staff has reviewed the application and finds the proposed use 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 provisions specified. Therefore, staff recommends approval of the Conditional Use Permit to allow a church use with the conditions contained in Resolution No. 2019-22R. Pastor Peraza of 448 Mayaguez Road, Polk City, FL 33868, appeared on behalf of the Applicant and is available to answer any questions. Chairman Smith turned it over to the audience, there was no one in the audience to speak, and he returned it to the Board. Commissioner Entsuah asked for exact location. Senior Planner McGruder verified it's behind the Enterprise Rental. Commissioner Murry expressed concern about the parking, since Enterprise and Spectrum use the parking spaces. Planning Manager McGruder confirmed there is sufficient parking and it should not be a problem. October 1, 2019 P&Z Meeting Minutes Page - 8 Chairman Smith entertained a motion. A motion was made by Commissioner Santos to approve Resolution No. 2019-22R, seconded by Commissioner Hubbard. Vote passed 7-0. ITEM #7: Resolution No 2019-26R - Highland Ranch Conditional Use Permit REQUEST: Taylor Morrison of Florida, is requesting to amend the existing Highland Ranch Planned Unit Development (PUD) Master Development Plan. Senior Planner, Regina McGruder presented the staff report. The Highland Ranch PUD aka (Black Lake) was originally approved by the City Council on September 24, 2013 with (Resolution 2013-17), the later amended on May 10, 2016 with (Resolution No 2016-10). The mixed use Planned Unit Development (PUD) was approved to allow up to 1,200 residential dwelling units and up to 100,000 square foot of commercial development on the 579 acres. The applicant is requesting to convert a four (4) acre designated commercial parcel to residential use and combine with the residential parcel known as Canyons Phase 6, for development of single family residential lots. The proposed amendment will not increase the total number of residential units approved for the Highland Ranch PUD, the maximum of 1,200 dwelling units. The owner has indicated that the requested change is due to market demands for single family homes. The remaining designated commercial parcel will be developed in the future. The proposed amendment will complete the number of residential dwelling units approved for the PUD. All other conditions will remain as approved. Staff has reviewed the application as submitted and finds the proposed use 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 provisions specified. Therefore, staff recommends approval of the Conditional Use Permit with the conditions contained in Resolution No. 2019-26R. Brian Gaines with Waldrop Engineering, 2600 Maitland Center Parkway, Maitland, FL 32751, representative of the owner stated that originally the PUD included two commercial tracks, the northern piece is still slated for commercial use in the future, the southern piece is not going to be used for commercial, as the owner is repurposing/restructuring the site plan to fit in some additional units and this will conclude the build out for the entire 1,200 units which was approved. Chairman Smith turned it over to the audience, there was no one in the audience to speak, Chairman Smith returned it to the Board. Commissioner Santos asked what information was received to cause the owner to determine there was no need for commercial. Mr. Gaines explained that based on the topography, it's more conducive for the residential lots than commercial and it will be better aesthetically. A Motion was made by Commissioner Hubbard to approve Resolution No 2019-26R, seconded by Commissioner Krzyminski. Vote passed 6-1. ITEM #8: Ordinance No. 2019-40 - Hartwood Marsh Senior Facility Comp Plan Amendment REQUEST: Applicant is requesting a Future Land Use change from Low Density Residential to High Density Residential on 6.19 acres of the subject property. Senior Planner, Regina McGruder presented the staff report. The parcel is located on the southeast corner of Hartwood Marsh and Hancock Road. This request is being heard concurrently with a rezoning from R-1, Single Family Residential to a Planned Unit Development (PUD) to allow for construction of a three (3) story Assisted Living Facility. The 6.19 +/- October 1, 2019 P&Z Meeting Minutes Page - 9 acre parcel is part of the property owned by the Master Planned Facility of the church with accessory uses to the ministry, with a Conditional Use Permit (Resolution No 2018-03). The plan also included an Assisted Living Facility which requires a separate public hearing process. The Assisted Living Facility is not a permitted use in the R1 zoning and not allowed in the low density residential land use. The proposed map amendment will to change the Low Density Residential which allows up to three (3) units per acre, to High Density Residential, which allows up to twelve (12) units per acre, and a variety of housing types with a (PUD) Planned Unit Development. The comprehensive plans, goals, objectives and policies requires the City to consider the compatibility of adjacent future land use categories during the land use amendment process, which includes the potential maximum densities and intensities and the appropriate transition of uses and development patterns of the surrounding areas. Section 86-226, Review criteria requires specific requirements of the land development code are adequate to ensure compatibility with adjoining properties as required by the comprehensive plan. Staff has reviewed the application as submitted and finds the requested amendment is not consistent with the surrounding land use of Low Density Residential with single-family residential uses. The High Density land use and commercial development does not provide the appropriate transition to the less intense surrounding neighborhood development and, therefore, is in conflict with the comprehensive plan. Therefore, staff recommends denial of Ordinance No. 2019-40. ITEM #9 - Ordinance No. 2019-41 - Hartwood Marsh Senior Facility Rezoning REQUEST: Applicant is requesting a change in zoning from R1 Single Family Medium Density Residential to (PUD) Planned Unit Development for vacant parcel located at the northeast corner of Hartwood Marsh Road and Hancock Road. Senior Planner, Regina McGruder presented the staff report. The owner, First Baptist Church of Clermont, is requesting to rezone approximately 6.19 acres of the 38 acres parent parcel to a Planned Unit Development (PUD) to allow for development of an Assisted Living Facility. The conceptual site plan showing the proposed layout which will consist of a three (3) story Assisted Living Facility, for up to 100 residents and a one (1) story Memory Care building/wing for up to 32 residents and a one (1) story Commons/Amenity building/wing for the residents. The facility as proposed will be developed and operated by a private developer and is not part of the church. Staff has reviewed the application as submitted and finds the proposed development plan does not meet the standards and intent of Section 122-315, Review Criteria for a PUD. The intensity of the commercial development is not consistent with the surrounding zoning and residential uses. (1) The parcel is not suitable in location and character for the proposed use and structures proposed and is in conflict with the surrounding development pattern. (2) The proposed development in relation to major transportation facilities such as Highway 27 or Highway 50, which are designed with more capacity for a high density project than local streets in a residential neighborhood such as Hartwood Marsh Road. (3) The physical character and development of the site in relation to surrounding properties is out of character with the less intense residential neighborhoods. Therefore, staff recommends denial of Ordinance 2019- 41 for a (PUD) Planned Unit Development rezoning for subject property. Don Lawson, President of N21 Group, 4910 Lakewood Ranch Blvd., Lakewood Ranch, FL spoke on behalf of the project. They build faith -based senior living communities and have looked at the need in this area for additional senior housing. The community from an industry standpoint is approaching a crisis in October 1, 2019 P&Z Meeting Minutes Page - 10 taking care of seniors and based on studies, the older population will increase by over 60% within the two to three years. Memory care is growing at an even faster rate. He laid out his case as to why this facility is necessary in this location. This type of facility, in conjunction with the ministry, is an ideal model to serve the needs of the residents. He explained that only a portion of the building will be three stories and that section is oriented away from the neighbors. Majority of the building will be single story. He would like a chance to come in a prove what they do. Chairman Smith turned it over to the audience for comments. The following audience members made comments and expressed their concerns regarding current traffic conditions on Hartwood Marsh Road that is already over capacity with no plan in place to make any improvements. They are not in favor of this project. Some added that they were told that an assisted living facility would not be built in the area and the Imagine School is in front of the location which is already problematic. There are already several types of these facilities in Clermont already. They do not believe this type of facility should be located near a residential area and implored the Commission to consider the impact on the residents of the area when making their decision on this project. Jon Gregorius, 2761 Valiant Dr., Clermont Wes Esmiller — 2728 Kingston Ridge Dr., Clermont David Newman — 2727 Kingston Ridge Dr., Clermont Tom Slaten — Attorney representing Regency Hills HOA - 300 S. Orange Avenue, Suite 1575 Orlando Kari Delikat — 2762 Valianat Drive, Clermont Darrell Delikat - 2762 Valianat Drive, Clermont Sue Cordova — 2768 Kingston Ridge Dr., Clermont Cindy Emely-2633 Hartwood Pines Way, Clermont Vincent Niemiez, 4569 Barrister Dr., Clermont Tony Gathye, 2771 Kingston Ridge Dr., Clermont Brett Fontenot, 2746 Valiant Dr., Clermont Joseph Gick, 2724 Kingston Ridge Dr., Clermont Jalayna Kraemer, 2771 Valiant Dr., Clermont David Holland, 2645 Hartwood Pines Way, Clermont Amos Thompson, 2959 Majestic Isle Dr., Clermont Michael Stenzel, 4200 Foxhound Dr., Clermont The following residents were in attendance to support denial of the project: Larry McCarroll, 2719 Kingston Ridge Dr., Clermont Diana Johnson, 2750 Valiant Dr., Clermont Kirk Johnson, 2750 Valiant Dr., Clermont John Sweeney, 2796 Valiant Dr., Clermont Monica Sweeney, 2796 Valiant Dr., Clermont Miriam Koch, 2670 Hartwood Pines Way, Clermont Rodney Cole, 4252 Bokeelia Loop, Clermont, FL Tiffanie Foreman, 4060 Beacon Ridge Way, Clermont Miriam Hartle Condron, 2788 Valiant Dr., Clermont Albert Bohn, 2233 Kingsmill Way, Clermont October 1, 2019 P&Z Meeting Minutes Page - 11 Chairman Smith gave the Applicant an opportunity to respond to the audience comments. The Applicant spoke again about the need for the facility and added that there will be landscape buffer to avoid noise and light pollution. He pointed out that this is not a three story building and the elevations are not conceptual. They will be setting the building further back. There will be no noise as that frightens the residents and the emergency vehicles cut off their sirens upon approaching the facility. Commissioner Hubbard stated that he was not in agreement, the location is not right. Commissioner Santos agreed it was not right location and she was happy to see such a large turnout, encouraged everyone to go to their County Commissioner. Commissioner Colby stated he thinks it's not the right location and he cannot support the project. Commissioner Murry thinks there is a need for this type of facility but this is not the right location in such close proximity to a residential area and the traffic is problematic and he's not able to support it. Commissioner Entsuah mentioned smart planning and making sure Applicants follow the City's Comprehensive Plan and thinks the project doesn't fall in line with our plan and the location is wrong and he cannot support the project. Chairman Smith stated that he cannot support the project and thinks the location is wrong. Chairman Smith entertained a motion, Commissioner Santos made a motion to deny Ordinance No. 2019-40, seconded by Commissioner Hubbard. All voted to deny, 7-0. Commissioner Santos made a motion to deny Ordinance No. 2019-41, seconded by Commissioner Colby. All voted to deny, 7-0. Commissioner Entsuah stated the Applicant still have the right to bring this request to the City Council, and encourage everyone to continue to take part in matters affecting the community. Meeting was adjourned at 9:05 P.M. Herb Smith, Chairman ATTEST: John E. Kruse, Planning Manager October 1, 2019 P&Z Meeting Minutes Page - 12