06-06-1995 Regular Meeting•
CITY OF GZERMONT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
JUNE 6, 1995
The meeting of the Planning & Zoning Commission was called to order Tuesday, June 6,
1995 at 7:00 P.M. by Chairman Robert Smythe. Members present were James Brown,
Joseph Wiebush, Marilyn George, Joseph Janusiak, Keith Mullins, Darryl Bishop and Bill
Rauch. Member Wendell McDannel was absent. Also attending were Lanny Harker,
Director of Planning and Mimi Shaw, Planning Technician.
MINUTES of the meeting held Apri14, 1995 were approved as presented.
Chairman Smythe announced that the application for rezoning of a parcel of land lying
at the southeast corner of Minnehaha Avenue and Twelfth Street, (agenda item #2) had
been withdrawn by the owner.
1. REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: Randy Lund, Agent
OWNER: Victor L. Lund
GENERAL LOCATION: Parcel located on the north side of Minnehaha Avenue
approximately 230 feet west of Bloxam Avenue.
REQUEST: A Conditional Use Permit to allow the construction of an Adult
Independent Living Facility (AILF), located in the R-1-A Urban Residential District, R-2
Medium Density Residential District and the C-2 General Commercial Business District.
Mr. Harker explained that the applicant is requesting a Conditional Use Permit to allow
the construction of an Adult Independent Living Facility (AILF); which is to be situated
on Minnehaha Avenue, and the western most extension of Magnolia Avenue.
The Conditional Use Permit for the proposed use must be considered under the
Uncertainty of Classification provision of the adopted Land Development Regulations
due to unique characteristics associated with the facility and circumstance of not being
identified within the existing City Zoning District Categories as either a "permitted or
conditional use".
The property is presently zoned R-1-A, R-2 and C-2 which as configured would contain
approximately 3.44 acres of property.
Existing land use of the surrounding area includes highway commercial uses tc the north
(Eckert Tire, Harold Roberts Realty, Subway Sandwich, etc. - S.R. 50 uses), single family
and multi-family residential uses (The Willows) to the west, single family and two-family
residential uses to the east, and single family residential use to the south.
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C!?Y OF CIF.RMONT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
JUNE 6, 1995
Page - 2 -
Existing Zoning patterns include R-1-A (single family, low density residential) to the
south, R-1 (single family, medium density residential) to the west, R-2 (medium density
residential) to the east, and C-2 (general commercial business district) to the north.
The Future Land Use District designation (NED-5) and Future Land Use Map category
(residential) are consistent with the proposed land use which is essentially residential in
nature. Therefore, the adopted Comprehensive Plan will not be adversely affected by the
requested action.
The facility proposed will be comprised of two (2) stories, and contain sixty (60) units.
Operation of the development is directed to an independent living environment for the
residents; however, optional assistance such as prepared meals, laundry service, certain
medicine dispersal, etc, may be selected by the individual occupant. Skilled nursing and
on-site doctor care re n t within the scope of services proposed to be provided.
Mr. Harker stated that based upon information provided concerning the unique character
of the facility and scope of uses intended for the proposed development, Staff
recommends approval of Conditional Use Pernnit for the Adult Independent Living
Facility (AILF) with the following conditions:
S ion 1
General Conditions
1. The conditions as set forth in this Conditional Use Permit shall be legally binding
upon any heirs, assigns and/or successors in title or interest.
2. The property shall be developed in substantial accordance with an approved site
plan incorporating all conditions of this Conditional Use Permit. Said plans shall
be submitted for review and approval of the Site Review Committee prior to
authorization and issuance of any development permit.
3. No further expansion of the use or additions to the facility shall be permitted
except as approved by another Conditional Use Permit.
4. All applicable rules and regulations shall be met, including but not limited to,
final site plan approval, landscaping, drainage, parking and sign regulations, and
all yard setbacks.
5. If any of the stated conditions are violated, the applicant understands and agrees
that the City Council may revoke this Conditional Use Permit by Resolution.
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CITY OF CLF.RMONT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
JUNE 6, 1995
Page - 3 -
6. This permit shall become null and void if substantial work has not begun within
one (1) year from the date of grant by the City Council for this Conditional Use
Permit. "Substantial Construction Work" shall mean the commencement and
continuous prosection of construction of required improvements and facilities
ultunately finalized at completion.
i n2
Site Desi,Qn and General Improvements
7. Buffering and screening shall be provided from all abutting uses in accordance
with adopted City Codes. A stucco or brick wall shall be located around the
property as indicated on the preliminary site plan. A five (S} foot wide landscape
buffer shall be located on the exterior side of the wall with trees spaced at no less
than fifty (50) feet intervals along Minnehaha Avenue, and seventy-five (75) feet
along adjacent property boundaries. Shrubbery shall be located in accordance
with City landscape regulations.
S. All required landscaping shall be served with a low volume, permanent imgation
system including City approved and State mandated back-flow prevention device
and rain sensor gauge. All landscape areas shall be properly maintained in
accordance with adopted City regulation.
9. All dumpster and other equipment sites shall be enclosed with masonry structures
in accordance with plans approved by the City Site Review Committee. Dumpster
enclosures shall include use of wooden doors in accordance with adopted City
Code.
10. A site Lighting plan shall be submitted and approved by the City Site Review
Committee. Said plan shall ensure all lighting is directed upon the site and does
not adversely impact abutting properties.
11. Architectural finish and traffic flow design plans for the facility shall be submitted
and approved to ensure aesthetic and public safety considerations are not
adversely impacted. Delivery and Service oriented traffic shall be required to
utilize Magnolia Street for routine business ingress/ egress.
12. Sidewalks shall be required along all road frontages in accordance with adopted
City Codes.
13. All signage shall conform to adopted City Codes and Regulations.
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CIYY OF Cllsl?MONT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
JUNE 6, 1995
Page-4-
14. The permittee/developer shall provide a minimum of 44 parking spaces for the
Adult Independent Living Facility (AILF) center, all spaces shall be designed and
built in conformance with adopted City Codes and Regulations.
ion
Construction Parameters. Infrastructure. and Stormwater Management
15. Ingress/egress to the site for construction shall be from Magnolia Avenue. No
ingress or egress of machinery or trucks shall be allowed from Minnehaha Avenue.
lb. Noise levels during construction shall not exceed those recommended by the
Florida Department of Environmental Protection (FDEP). Construction
operations shall be limited to the hours of 7:00 A.M, to 7:00 P.M., Monday
through Saturday only. Heavy machinery engines will not be started earlier than
'7:00 A.M., nor shall preparatory maintenance for construction equipment which
causes offensive noise levels be permitted prior to the specified hour.
17. The permittee shall be responsible for pro rata share costs of all infrastructure
improvements (transportation, potable water, and waste water systems) including
on-site and off-site locations, evidencing impact by the proposed development. An
estimate of costs shall be prepared, cert~ed and submitted by the Engineer of
Record and approved by the City Engineer prior to initiation of any development
activity.
18. Any excavated or stockpiled material shall be stored in a location approved by the
City Engineer. Tree protection standards of the City shall be utilized where
applicable.
19. A St. John's River Water Management District stormwater permit shall be
required and filed with the City prior to commencement of any development
activity on the site.
20. The drainage and stormwater retention requirements of the City and the
appropriate regulatory agencies shall be met and formally approved by the City
Engineer. These areas shall be properly maintained in accordance with adopted
City Code.
21. Verification of the stormwater run-off data and other assumption /calculations
shall be provided and approved by the City Engineer prior to any development
activity.
u
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C17Y OF CLF.RMONT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
JUNE 6, 1995
Page - S -
22. Permeability tests for stormwater retention areas must be submitted as part of the
site plan review process. Permeability shall be maintained
23. All inspection costs will be borne by the applicant. This shall include final
inspection and ongoing random inspections for compliance with Conditional Use
Permits conditions.
At this time Chairman Smythe asked all those present who wished to speak in regard to
this case be sworn in.
Persons sworn in were Randy Lund of 16735 Bay Club Drive, Clermont, Florida.
Mr. Lund gave a brief synopsis of the project, explaining that his family has been
developing and operating these type of facilities for a number of years. Mr. Lund noted
that they felt there is a real need for this type of facility in this area.
Chairman Smythe asked if this type of facility would require a certificate of need.
Mr. Lund stated this type of facility does not require a certificate of need.
Member James Brown asked if there would be an age limit.
Mr. Lund stated that there is no age limit, however the average age is approximately 80
years of age.
Member Brown asked what the main dissimilarity would be between and AILF and a
nursing home.
Mr. Lund narrated that an AILF does not have skilled nursing care, this facility is strictly
a luxury facility for people who no longer wish to take care of a home, maybe don't want
to or are unable to drive any longer, etc. At the ATLF they would have companionship
and there are no worries about caring for a home, grocery shopping, etc.
Mr. Lund noted that his company presently has 11 of these facilities in operation and
three under construction.
Chairman Smythe asked Mr. Harker how the required number of parking spaces was
determined.
Mr. Harker stated that the required number required was simply quartered, taking into
consideration that the average age of the residents being 80 years of age, realizing that
only approximately 25% of them would still be driving, based on historic trends.
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CITY OP CLF.RMONT
MINUTES
C~
PLANNING AND ZONING COMMISSION MEETING
JUNE 6, 1995
Page-6-
Chairman Smythe noted in reference to condition #17, perhaps stormwater should also
be added to these infrastructure improvements as off-site stormwater run off is a severe
problem in this area.
A motion was made by Marilyn George to recommend approval to the City Council as
presented by staff with condition # 17 being changed to include stormwater
infrastructure, seconded by Bill Rauch, approved by a unanimous vote.
There being no further business the meeting was adjourned.
/%
Robert Smythe, airman
ATTEST:
Mimi haw Ogden, Planning Tech cian