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08-07-2007 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7, 2007 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday August 7, 2007 at 7:02 p.m. by Chairman David Pape. Members present were Sy Holzman, Gail Ash, Robert Boyatt, Nick Jones, David Outlaw, and Cuqui Whitehead. Also in attendance were Jim Hitt, Planning Director, Barbara Hollerand, Planner, Curt Henschel, Planner, Daniel Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held July 3, 2007 were approved as written. REPORTS Jim Hitt showed the new zoning map to the Planning & Zoning Board members. 1. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Cellestheal Day Spa -Permanent Makeup OWNER: Cherry G. Campbell APPLICANT: Cellestheal Day Spa REQUESTED ACTION: Request for a Conditional Use Permit (CUP) to allow Permanent Makeup within the M-1 Industrial District LOCATION: 205 Hatteras Avenue, Suite 101 EXISTING ZONING: M-1 Industrial District EXISTING LAND USE: Cellestheal Day Spa FUTURE LAND USE DISTRICT: Undeveloped District 5 (UD-5) FUTURE LAND USE CLASSIFICATION: Industrial Planning Director Jim Hitt stated that the applicant is requesting a conditional use permit (CUP) to allow for a Permanent Makeup service as part of the existing Day Spa. This makeup application, while similar to a tattoo, will be located only on the face for eyeliner, eyebrow and lip liner definition and will last for 5-7 years. A staff member of the spa has to be licensed by the State of Florida for such work. Mr. Hitt stated that because this makeup procedure is part of an existing day spa and is considered to be for cosmetic purposes to be located on the face area only, staff recommends City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7, 2007 Page 2 approval of this Conditional Use Permit request to allow for a Permanent Makeup service, with the following conditions as listed. Meeting discussion: Marcel Campbell-Dougherty, 310 DuPont Circle, Howie in the Hills, stated she works at the day spa and is asking for permission to do permanent make-up. She stated that the specialist is licensed in the State of Florida. She said the specialist has been doing permanent make-up for eight years in Lake Tahoe, Nevada and Central Florida. She said the specialist has been trained by a group of doctors in Texas named the Premier Group. The needles used in permanent make- up are different from the needles used on tattoos and every needle and equipment is disposable and they do have a bio-waste disposal on their premises. There was no further discussion. Commissioner Whitehead moved to approve the request, seconded by Commissioner Holzman. The vote was unanimous to recommend for approval to City Council. 2. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Mon Ami du Clermont -tea room restaurant OWNER: Joy Ray APPLICANT: Deborah Stedelin REQUESTED ACTION: Request for a Conditional Use Permit to allow a Restaurant within the Central Business Zoning District LOCATION: 637 Eighth Street EXISTING ZONING: CBD (Central Business District) EXISTING LAND USE: Vacant building FUTURE LAND USE DISTRICT: Established Business District - 1 - (EDB-1) FUTURE LAND USE CLASSIFICATION: Central Business District - (CDB) Planning Director Jim Hitt stated that the applicant is requesting a conditional use permit for a restaurant to be located at 637 Eighth Street. The previous use was an office. The proposed City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7, 2007 Page 3 restaurant would serve a variety of soups, salads, quiche, sandwiches, desserts, coffees and teas. No alcohol is proposed. Mr. Hitt stated that the applicant will be up-dating the electrical and plumbing and also installing a grease trap in accordance with City regulations. Mr. Hitt stated that staff does recommend approval of this Conditional Use Permit request to operate a Restaurant located at 637 Eighth Street, with the following conditions as listed. Meeting discussion: Debbie Stedelin, 9844 Crenshaw Circle, stated they are looking for the board's approval to open their tea room. She stated they are starting with a small lunch menu and hoping to come back in the future for approval for some extended hours. Commissioner Outlaw asked staff if they wanted to extent hours in the future, would they have to come back before the board. Mr. Hitt stated there are no hours stated in the CUP itself so they can open for dinner at any time. Commissioner Whitehead moved to approve the request, seconded by Commissioner Boyatt. The vote was unanimous to recommend for approval to City Council. 3. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Clermont Land Development, LLC APPLICANT: McGill Development, c/o Interplan, LLC PROJECT NAME: Ashley Furniture Homestore REQUESTED ACTION: A Conditional Use Permit for a retail store over 20,000 square feet SIZE OF PARCEL: 5.43 acres +/- LOCATION: South of S.R. 50, North of Hooks Street, and West of Grand Highway EXISTING ZONING: C-2, General Commercial District EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District 2 (UD-2) City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7, 2007 Page 4 FUTURE LAND USE CLASSIFICATION: Commercial Planning Director Jim Hitt stated that the request is for a Conditional Use Permit fora 56,023 square foot retail building for Ashley Furniture. Various retail and restaurant developments have been submitted in the area off Grand Highway. Mr. Hitt stated that there will be two access points to Grand Highway planned for this development. Widening of Grand Highway and Hooks Street to 4 lanes is currently being planned and will have to be completed prior to Ashley Furniture opening. The applicant is also requesting one variance: • Parking space reduction from the required 273 spaces to a requested 263 spaces. Mr. Hitt stated that with the recent commercial growth within the area, staff believes this area is appropriate for this type of development and recommends approval of the Conditional Use Permit for a retail building of 56,023 square feet, with the conditions listed below. Meeting discussion: Bob Ziegenfuss, 933 Lee Rd., Orlando, stated what they are proposing to construct is a 56,023 square foot Ashley Furniture retail store. There is approximately 5.5 acres with access to Grand Highway and U. S. Highway 27. The east elevation of the building is the store front, which faces Grand Highway. The rear elevation facing Highway 27 is similar. The loading dock in the rear will be screened from view. Transportation, utilities and stormwater issues outlined in the staff report will be addressed in a developer's agreement. The current property owner, Clermont Land Development and McGill Property, is responsible for the transportation, utilities and stormwater improvements for Grand Highway and Hooks St. Commissioner Pape asked Mr. Hitt about cardboard storage because he did not see any space on the site plan. Mr. Hitt stated it is normally in the loading dock area behind the screen. Commissioner Pape asked Mr. Hitt about the topography on this property. Mr. Hitt stated they are only taking up about 1/3 of the property. He stated they will have to meet code and at this time the applicant has not applied for any variances for cut and fill over the 15 feet. Commissioner Outlaw asked if they would have access to Highway 27. City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7, 2007 Page 5 Mr. Hitt stated the traffic heading south will have to turn right onto Hooks St. He stated that a requirement of the CUP stipulates that Grand Highway to Hooks Street and Hooks Street over to Highway 27 would have to be complete. Commissioner Outlaw asked if these will be internal access roads that will be developed on the western boundary line. Mr. Hitt stated that instead of having a frontage road they kept the road on the back side. Commissioner Outlaw asked if Section 9 on the CUP conditions was an addition to the package. Mr. Hitt stated that it is an addition for anything over 30,000 square feet. He said it is a requirement that the Fire and Police Departments have requested for emergency services. Commissioner Holzman asked if there would be more traffic on the Hooks St. and Grand Highway area and what kind of impact would it have on traffic. Mr. Hitt stated that FDOT is planning on constructing a slip ramp off of Highway 27 that will give direct access to Highway 50. FDOT and Lake County have looked at the design capacity for Grand Highway and it meets FDOT's standards. The applicant will complete Hooks Street all the way to Highway 27. Commissioner Holzman asked about the trees on the property. Mr. Hitt stated that if the applicant can not plant the number of inches on site they will have to pay into the tree fund. Chairman Pape asked if the Highway 27 alignment is not going to adversely affect this property when it is designed. Mr. Hitt stated the applicant has been working with FDOT for any additional road right-of--way up on the western section. Commissioner Whitehead stated they have proposed that 1277 trees be removed. She asked if the design on the landscape plan is according to our City code. Mr. Hitt stated the landscape plan will be reviewed during site review. He stated that they normally put together a plan which is a little more than what is required for a CUP. He said all the numbers for the tree removal and any payment into the tree preservation fund will be determined during site review. City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7, 2007 Page 6 Commissioner Holzman moved to approve the request, seconded by Commissioner Ash. The vote was unanimous to recommend for approval to City Council. 4. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: University Village OWNER: Dan Hessburg -Clermont Village, LLC APPLICANT: J. Brian Denham, P.E. -Denham Summitt Engineering, LLC REQUESTED ACTION: Request to allow more than four (4) tenants within a commercial shopping center located in the C-2 General Commercial zoning district. EXISTING ZONING: SIZE OF PARCEL: C-2 (General Commercial) 7.4 +/- acres LOCATION: North side of State Road 50, approximately 600 feet west of Hancock Road and between State Road 50 and Legends Way EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District 5 (UD-5) FUTURE LAND USE CLASSIFICATION: Commercial District City Planner Curt Henschel stated that the applicant is requesting a conditional use permit to allow a shopping center with more than four businesses with shared parking within the C-2 (General Commercial) zoning district. Shopping centers with groups of five or more businesses with shared parking or more than five acres are a conditional use within the C-2 zoning classification. Mr. Henschel stated the request is being made due to the size and narrow shape of the site, which is conducive to multiple, smaller tenants. Developed sites directly to the east (Hancock Commons) and south (College Station) similarly have multiple tenants as a conditional use. The applicant will also be requesting the following variances: - Grading due to the severe topographical elevation changes of the site - To allow retaining walls greater than 6 feet in height - To allow signage on the stormwater retention area retaining wall. City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7, 2007 Page 7 Mr. Henschel stated that staff feels that the proposed site plan fits in with the character of surrounding uses and that the size and shape of the site is conducive to multiple smaller tenants. Staff therefore recommends approval of the request for a CUP to allow more than four businesses in a shopping center with the following conditions as listed below. Meeting discussion: Jimmy Crawford, Gray Robinson 1380 Grand Highway, stated they agree with the staff report, but there is one condition in the staff report that is new to them, the requirement for turn lanes on Legends Way. He stated they don't disagree with it but the turn lanes are not in their site plan that has already been reviewed by the City. Commissioner Boyatt asked if there were any decel lanes from S.R. 50 on the plan. Brian Denham, 2670 Eagle Lake Dr., stated the decel lanes are on the plan but they are hard to see. Commissioner Boyatt asked how far the other entrance from Clermont Commons is. Mr. Denham stated it mimics the location of the entrances on the south side of the street to College Station which they have several right ins and right outs. He stated they have worked with FDOT who have approved the locations of the entrances and the directional left turn lane which is similar to the one that goes onto Miss Florida Ave. to the south. Commissioner Holzman stated he thinks the road plans are going to be a disaster. He does not understand why they have to have access to S.R. 50. Jimmy Crawford stated that it is an odd shaped site and they are working with City staff to make sure there is a plan that will satisfy the engineers. Commissioner Outlaw asked about the signage request on the eastern portion of the property. Mr. Denham stated that because the site is separated by the FDOT retention pond it looks like it is two different sites so they want signs at both entrances to show they are going to the same project. Chairman Pape asked Mr. Hitt how much retail space that the City currently has existing at this time. Mr. Hitt stated there are about 2.2 million square feet for both retail and office space that has been approved in the City. He stated that probably about '/ of the square footage is actually occupied at this time. City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7, 2007 Page 8 Commissioner Pape stated that he understands the need for small boutique shops. He stated that realistically 1.2 million square feet that is being spoken of is high dollar or high anchor type development and each of those developments has about 25,000 to 30,000 square feet of small boutique style shops. He asked Mr. Hitt how the City protects itself from taking a relatively unattractive DOT hole to a framework where it is really unattractive. Mr. Hitt stated that if someone comes in with an application for a project the City does have to review it. The best thing the City can do is review it by code. He said CUPS do protect us in regards to what the building is going to look like. He said that the population increase is still increasing but at a slow pace. He said that one of the things the City has noticed is the housing has slowed down but the commercial building has increased. Mr. Crawford stated that as owners they are concerned about the same issues. He said the banking industry has clamped down on loans and they make them do market and absorption rate studies. He stated they have had enormous demand for leases and the shops will be leased out before the project is done. Commissioner Outlaw asked what is unique about this project for the small tenants and is the lease less. Mr. Crawford stated they have six letters of intent to lease already. He stated that the tenant mix is two restaurants and the normal inquires of beauty shops and that type. Commissioner Whitehead stated she is concerned about the drainage. Mr. Crawford stated that they are working on a drainage agreement with FDOT. Mr. Denham stated that FDOT did their study of the retaining pond and it will hold more than what would probably drain into the basin. Commissioner Ash asked how much fill over the 15 foot code on the east and north side will there be. Mr. Denham stated there will be no more than a 20 foot fill. The pond is so low but on Legends the property is very high. He stated that if Legends was not raised when it was built they would not ask for the variance. Commissioner Ash asked about the variance for higher retaining walls and where are the walls going. City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7, 2007 Page 9 Mr. Denham stated around the pond area is where the high walls are going. On the back side there are higher walls in order to make the site useful. He said they will not grade in the easements and they will lower the water main so there will be less walls on the site. Commissioner Ash asked if all the wails will be 10 feet. Mr. Denham stated most will be less than 10 feet but around the retention pond some areas will be 10 feet. Commissioner Outlaw asked if landscape is going in the 3:1 slope behind building 3. Mr. Denham stated that a lot of the trees along the pond brim is 2:1 existing slope going down to the bottom of the pond. He stated that where they graded in the pond they made it a 3:1 slope to soften that area and put trees in where they could. He stated that where there is a landscape buffer which would be completely around the pond, along S.R. 50 and around the perimeter of the site is at the 10:1 requirement for the City. Commissioner Whitehead asked if the sidewalks would be put in along S.R. 50. Mr. Crawford stated that they will be putting in the sidewalks per City requirements. Commissioner Ash moved to approve the request, seconded by Commissioner Boyatt. The vote was 4-3 to recommend for approval to City Council with Commissioners Holzman, Outlaw and Whitehead opposing.. 5. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: South Lake Village OWNER: John F. Smithgall - Nacoochee Corporation APPLICANT: J. Brian Denham, P.E. -Denham Summitt Engineering, LLC REQUESTED ACTION: Request to allow more than four (4) tenants within a commercial shopping center and to allow for a building to exceed 20,000 square feet located in the C-2 General Commercial zoning district. EXISTING ZONING: C-2 (General Commercial) SIZE OF PARCEL: 6 +/- acres City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7, 2007 Page 10 LOCATION: North side of State Road 50, approximately 600 feet east of Citrus Tower Blvd. EXISTING LAND USE: Vacant FUTURE LAND USE DISTRICT: Undeveloped District 5 (UD-5) FUTURE LAND USE CLASSIFICATION: Commercial District City Planner Curt Henschel stated that the applicant is requesting a conditional use permit to allow a shopping center with more than four businesses with shared parking and for a building to exceed 20,000 square feet within the C-2 (General Commercial) zoning district. Shopping centers with groups of five or more businesses with shared parking or more than five acres are a conditional use within the C-2 zoning classification. Mr. Henschel stated that this request is being made due to the size and narrow shape of the site, which is conducive to multiple tenants. Developed sites directly to the east (Hancock Commons) and south (College Station) similarly have multiple tenants as a conditional use. The applicant will also be requesting the following variances: - Grading due to the severe topographical elevation changes of the site - To allow an off-site sign for the Hospital within the road right-of--way of the proposed Champions Road. Mr. Henschel stated that staff feels that the proposed site plan fits in with the character of surrounding uses and that the size and shape of the site is conducive to multiple smaller tenants. Staff therefore recommends approval of the request for a CUP with the following conditions as listed below. Meeting Discussion: Brian Denham, 2670 Eagle Lake Dr., stated he was there to answer any questions John Schmid, 1230 Oakley Seaver, was also present to answer any questions. Commissioner Ash stated this is like every other shopping center along Highway 27 and S.R. 50. She stated there are two outparcels and a strip mall behind it. Mr. Denham stated that there is an updated plan where they reduced the size of the larger building. He stated they kept the open area in between the buildings. He said each building is 14,000 square feet so there is less square footage on site in total. He stated they have improved the layout of the buildings. City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7, 2007 Page 11 Commissioner Ash stated her concern about all the little strip shops are whether they are going to fill them with tenants. Commissioner Holzman stated that when you start adding in the cuts and fill then they flatten it out. Mr. Schmid stated the 20 foot cut and fill on this project is necessary for the road which is being put in to direct traffic to the hospital from S.R. 50. Mr. Denham stated that they are building the road connecting to the hospital and he feels they are providing a service in the respect of filling that area. He stated that the layout of the project meets the architectural standards. Commissioner 3ones stated that like the other project we are stacking up more traffic. He stated that it is market driven and we live in a free enterprise society and whether this project gets approval or not the staff has recommended approval. He stated that the investment is so phenomenal that if they are willing to do the project in the short run you might say there are some advantages but in the long run we are going to pay the price of the traffic. He stated that as long as they are abiding by the regulations that they have to abide by then he can not see denying them. Commissioner Pape asked if the plan they have before them is not the exact building that will be done. Mr. Denham stated that the buildings are smaller. He said they reduced the width and put additional landscaping and there will be some sort of court yard in the middle. Commissioner Holzman asked if there was one access off of Highway 50, one access from Legends Way and one access off of Champions Way on the east side. Mr. Denham stated that was correct and that it is good to have multiple accesses for tenants and for emergency ingress and egress. Commissioner Holzman asked if the access off of S.R. 50 is a right in and right out. Mr. Denham stated that was correct and the entrance from Champions Way, they provided a driveway on the other side for the property for the hospital. Commissioner Boyatt asked if you can turn right off of Champions Way into the property. Mr. Denham stated there is a left turn lane from that direction. City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7, 2007 Page 12 Commissioner Ash asked about the hospital sign in the bottom right corner and is the sign for the hospital on Citrus Tower Blvd. going to stay there. Mr. Henschel stated that the sign on Citrus Tower will stay and there will be two signs on S.R. 50 for the hospital if this gets approved. Commissioner Outlaw asked if the sign will be leased to the hospital. Mr. Schmid stated the hospital owns the property where the hospital sign is going. Ruth Runkle, 6540 Cherry Lake Rd., asked what affect the project would have on the sale of her property which is the next lot over. She asked what kind of buffer there will be and how the road will affect her property. Mr. Denham stated that there will be a 15 foot buffer next to her property. He said Legends Way will be extended along the northern boundary of their project and will continue through her property. Commissioner Whitehead moved to approve the request, seconded by Commissioner Jones . The motion failed 3-4 to recommend for approval to City Council with Commissioners Ash, Boyatt, Holzman and Outlaw opposing. b. REQUEST FOR COMPREHENSIVE PLAN AMENDMENT (Item #1) Proposed Large-Scale Comprehensive Plan Amendment (DCA 07-2) DEVELOPMENT NAME: Hartwood Marsh Self-Storage Facility (Baffles property) PARCEL SIZE/LOCATION: 23.6 acres, located east of U.S. 27, south side of Hartwood Marsh Road, west of Hancock Road. OWNER: Florida Discount Self Storage No. 4 LLC APPLICANT: Administrative REQUESTED ACTION: Change the Future Land Use from County Urban Expansion to Undeveloped District 7 (UD-7) Commercial and amend the text of UD-7 to add commercial at this location. EXISTING LAND USE: Vacant City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7, 2007 Page 13 FUTURE LAND USE: County Urban Expansion EXISTING ZONING: C-2 City Planner Barbara Hollerand stated that this is an administrative large-scale comprehensive plan amendment to update the City's Future Land Use Map to recognize the July 24, 2007 annexation of the 23.6-acre Hartwood Marsh Self-Storage Facility property. Ms. Hollerand stated that because this property is adjacent to the UD-7 district, it is appropriate to amend the Future Land Use Map to add the property to this district. A text amendment to Undeveloped District 7 is also necessary to add commercial use at this location in UD-7. Ms. Hollerand said this project first came before the City Council as part of a Joint Planning Area review in June 2004. At that time, the Council recommended opposing the rezoning and provided a comment to Lake County that it was the City's intent to have this property annexed into the City limits. The County, however, did rezone the property from R-6 Residential to CP Planned Commercial with C-2 uses. Ms. Hollerand stated that at the time of annexation, this property already had a Lake County future land use of Urban Expansion, which was sufficient to develop the property as commercial. The property also had a February 2005 water and wastewater service agreement with the City. The project is under construction, developing to City standards. The property owner has dedicated right-of--way for the future widening of Hartwood Marsh Road. Ms. Hollerand stated that staff recommends approval of the Future Land Use Map change and the text change to the Undeveloped District 7 (UD-7) language in Appendix C of the Future Land Use Element. Commissioner Outlaw moved to approve the request, seconded by Commissioner Whitehead. The vote was unanimous to recommend for approval to City Council. (Item #2) Proposed Large-Scale Comprehensive Plan Amendment (DCA 07-2) DEVELOPMENT NAME: Foxchase PARCEL SIZEfLOCATION: 78 acres, located west of U.S. 27, south side of South Clermont Connector, adjacent to Legends subdivision City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7, 2007 Page 14 OWNER /APPLICANT: Standard Pacific of Central Florida GP, Inc. REQUESTED ACTION: Change the Future Land Use from County Urban Expansion to Undeveloped District 7 (UD-7) Residential EXISTING LAND USE: Vacant FUTURE LAND USE: County Urban Expansion EXISTING ZONING: R-1 City Planner Barbara Hollerand stated that this is a request for alarge-scale comprehensive plan amendment to update the City's Future Land Use Map to recognize the July 24, 2007 annexation of the 78-acre Foxchase residential property. Ms. Hollerand said that because this property is adjacent to the UD-7 district, it is appropriate to amend the Future Land Use Map to add the property to this district. No text changes to the comprehensive plan are necessary with this annexation. Ms. Hollerand stated that at the time of annexation, this property already had a Lake County future land use of Urban Expansion, which was sufficient to develop the property with a density of up to 4 homes per acre. The developer had existing approvals in the County to develop Foxchase as a 162-lot subdivision with a density of 2.1 homes per acre. The property owner, then named Colony Communities, Inc., also had an October 2005 wastewater service and development agreement with the City. Ms. Hollerand said that the development's infrastructure is under construction, developing to City standards. Lot sizes and configurations are to be constructed in accordance with the preliminary plat approved by the County in February 2005 and according to the terms of the wastewater service and development agreement. The property owner has provided right-of--way and is accommodating stormwater for the South Clermont Connector. Ms. Hollerand stated that staff recommends annroval of the Future Land Use Map change. Commissioner Whitehead moved to approve the request, seconded by Commissioner Boyatt. The vote was unanimous to recommend for approval to City Council. (Item #3) Proposed Large-Scale Comprehensive Plan Amendment (DCA 07-2) DEVELOPMENT NAME: Celebration of Praise City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7, 2007 Page 15 PARCEL SIZE/LOCATION: Approximately 50 acres for the parent parcel with 14.7 acres of commercial proposed; located west of U.S. 27, south of South Clermont Connector, north of Legends OWNER: Local Board of Trustees of the Church of God APPLICANT: Cecelia Bonifay, Akerman Senterfitt REQUESTED ACTION: Change the Future Land Use from Undeveloped District 7 (UD-7) Residential to UD-7 Commercial for 14.7 acres and amend UD-7 text language to add "age-restricted adult independent living and assisted living" to the allowed uses at this location in UD-7. EXISTING LAND USE: Church and ancillary uses and vacant land FUTURE LAND USE: Undeveloped District 7 (UD-7) Residential EXISTING ZONING: R-1 City Planner Barbara Hollerand stated that this is a request for alarge-scale comprehensive plan amendment to change 14.7 acres of the approximately 50-acre Celebration of Praise property from residential to commercial use. A second request by applicant is to add "age- restricted adult independent living and assisted living" use to the full parcel. Ms. Hollerand said a conditional use permit for a church use on the property was first granted by the City in 2002. An amendment to the CUP was approved in 2003 under Resolution 1310 that made four changes to the original CUP, including increasing the seating capacity in the worship center from 2,200 to 3,000 seats. The land uses approved in the CUP also included educational classrooms and a church office complex in the worship center building; a family life community center with gymnasium, outdoor swimming pool, and kitchen facility with banquet area; adaycare/nursery center; a spiritual life center with library, bookstore, cafe and meeting rooms; a picnic pavilion; maintenance garage; bowling alley and arcade. The above uses were depicted on the CUP-referenced site plan as phases I and II. A third phase was also shown on the approved site plan, but because it was not part of the Conditional Use Permit, it was not approved by the Council as part of Resolution 1310. The Phase III area, proposed as a skilled nursing facility (nursing home), assisted living and independent living on the 2003 site plan, is on about 10 acres of planted pine along the western boundary of the property, adjacent to Legends. Ms. Hollerand stated that the church has completed the Phase I construction of the family life community center, the daycare/nursery and the spiritual life center. The church anticipates City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7, 2007 Page 16 applying for an amendment to the existing Conditional Use Permit to reflect changes in the timing and scope of future phases. Because some of these changes are contingent upon the approval of the comprehensive plan amendment to allow for commercial use on the 14.7-acre parcel and to add the independent living and assisted living uses, the CUP amendment application would not move forward until any comprehensive plan amendment changes are adopted, which would occur no sooner than November 2007. The church has indicated that in a new CUP amendment application, it will show the relocation of the worship center sanctuary's proposed parking-presently shown on the approved site plan as part of Phase II and as being within the 14.7-acre proposed commercial site-to another location within the parent tract. Ms. Hollerand stated that the existing CUP stipulates that the driveway connection from the church property to the South Clermont Connector shall be made within 12 months of the completion of the South Clermont Connector from U.S. 27 to the driveway location or as part of Phase II construction of the church, whichever occurs first. The opening of the South Clermont Connector is anticipated by the end of 2007 or in early 2008. Ms. Hollerand said that staff cannot support the request for a change in future land use from residential to commercial for the 14.7 acres. A traffic study for the project provided by the applicant forecasts that the proposed change "will result in a net addition in offsite trips generated by 6,781 daily trips and 535 PM peak hour trips." The study concludes that "there will be no degradation to the surrounding roadway network with the addition of the proposed development at the proposed build-out in the year 2020." Staff does not concur with the findings in the report. Ms. Hollerand stated that the City will request a review of the traffic study by the Lake- Sumter Metropolitan Planning Organization staff. Should the amendment be approved for transmittal by the Council, the amendment and the traffic study will be forwarded to the Florida Department of Transportation as part of the agency review. Ms. Hollerand stated that staff can support the additional uses of age-restricted adult independent living and assisted living for the parent tract. Such uses are complementary to the existing uses on the property and are logical transitions in land uses from the adjacent residential neighborhoods. Ms. Hollerand stated that staff recommends approval of the text change to UD-7 to add independent living and assisted living uses and recommends denial of the map change to commercial for the 14.7 acres. Thomas Gould, 420 S. Orange Ave., Orlando, stated that they are pleased that staff supports the age restricted independent facility and hopes to be able to illustrate the importance of the comp City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7, 2007 Page 17 plan amendment associated with the 14.7 acres on the frontage along Highway 27. He stated that he has received comments from the MPO and the City with regard to the traffic study. Rod Trusty, 8344 Bay Lake Rd. Groveland, stated they bought this piece of property four years ago and originally was 158 acres. The property was split into two parcels. The church kept 52 acres on the front side of Highway 27 and developed a 2781ot subdivision that was sold to Lennar and is now in development behind the church. He stated they donated approximately 8 acres to the county for the South Lake Connector. He said that phase I is complete but now need a large-scale comprehensive plan change. He stated that because of the cost of the large-scale comp plan they need to increase the amount of land they are requesting to rezone to corr~mercial property. He said the rezoning is crucial because as anon-profit organization it is the means for them to finance the next several phases of their vision. Ingrid Dahlquist, 1510 Misty Glen Lane, stated that she is concerned about what kind of visual and privacy barrier between her property and the church property. She stated that her home has been on the market and as soon as buyers find out the assisted living facility is going to be so close they back out. Phil Perino, 1166 Lattimore Dr., stated he had the same concerns and wanted to know what kind of buffer is there going to be between them and the church property. Terry Eckert, 1490 Misty Glen Lane, stated his concern is how close the buildings will be to the property lines. He asked what the setback in the zoning that they currently have. Mr. Trusty stated that what they propose to do is the first two buildings will be senior living with no assistance needed and the third building is an assisted living building. He stated they would be three story buildings with the first building being custom apartments for senior adults, the second building would also be custom apartments for seniors who may need assistance from staff and the third building being the one closest to the South Lake Connector is actually a skilled care nursing facility with about 100 beds. Chairman Pape asked if they would be retained and operated by the church or will they be sold in the future. Mr. Trusty stated that at this point the church will own and operate them. Chairman Pape said then you are not ruling out selling to a third party in the future. Mr. Trusty stated he could not rule that out. Mr. Hitt stated that the rear setback is 25 feet for the building itself and there is only a 10 foot landscape buffer that is required along the perimeter. City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7; 2007 Page 18 Rich Brunelle, 1480 Misty Glen Lane, stated there is no buffer right now. Mr. Hitt stated he would take a look at the property. Pam Perino, 1166 Lattimore Dr., stated there is a beautiful line of trees as a buffer now and asked if they were all going to be removed. Mr. Trusty stated that he would not say they would all be removed and they would do whatever necessary to be neighborly with everyone around them to buffer that area. He stated that is something that could be added to the CUP when that issue comes up. Commissioner Ash stated that there is already a lot of commercial building going along Highway 27. She asked if they thought about putting the assisted living facility on the front part of the property along Highway 27. Commissioner Holzman asked if the church was going to sell the property or are they going to develop the land themselves. Mr. Trusty stated that they have hired a consultant who is a developer and they have an option of looking to develop the property themselves. He stated that at this time it does not generate tax revenue to the City but if it gets rezoned to commercial it will then generate revenue to the City. He stated that the money generated from the commercial property up front is what builds the assisted living facility on the back of the property. Commissioner Jones moved to approve the request and amending the wording to include skilled nursing facility, seconded by Commissioner Whitehead. The vote was 6-1 to recommend for approval to City Council with Commissioner Ash opposing. Commissioner Ash moved to deny the request for the change in usage from UD-7 to commercial, seconded by Commissioner Whitehead. The vote was 5-2 to, YP~Orrcmend for denial to City Council with Commissioners Boyatt and Jones opposing. ~ ~"° There being no further business the meeting was adjournec ATTEST: Rae hidlow -Administrative Assistant