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