02-05-2008 Regular MeetingCity of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
February 5, 2008
Page 1
The meeting of the Planning & Zoning Commission was called to order Tuesday February 5,
2008 at 7:00 p.m. by Chairman David Pape. Members present were Bill Banzhaf, Gail Ash,
Robert Boyatt, Bill Gray, David Outlaw and Cuqui Whitehead. Also in attendance were Curt
Henschel, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative
Assistant.
MINUTES of the Planning and Zoning Commission meeting held January 3, 2008 were
approved as written.
REPORTS
There were no reports.
1. REQUEST FOR CONDITIONAL USE PERMIT
OWNER/ APPLICANT: Clermont - Groveland Elks Lodge # 1848, Inc.
REQUESTED ACTION: Request for a CUP to allow a business to occupy over 3,000 square
feet in the Central Business District.
EXISTING ZONING: CBD (Central Business District)
LOCATION: 706 West Minneola Ave.
EXISTING LAND USE: Elks Lodge
FUTURE LAND USE DISTRICT: Established Business District 1 - (EBD-1)
FUTURE LAND USE CLASSIFICATION: Central Business District
City planner Curt Henschel stated that the applicant intends to expand the existing Elks Lodge in
the downtown central business district and does not currently have a conditional use permit.
Therefore any expansion of the building would create the need for a new CUP, because the
building is greater than 3,000 square feet and within the Central Business District.
Mr. Henschel stated that the current building is 6,600 square feet and does not have an outdoor
patio for members to use. He stated that the proposed expansion will consist of a 1,200 square
foot screened porch located on the front of the building. He stated the proposed porch will not
extend past the current building setbacks.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
February 5, 2008
Page 2
Mr. Henschel stated that the applicant will also be requesting a variance to the overall parking
requirement. Mr. Henschel stated that staff has concerns over parking accommodations with the
limited number of onsite parking spaces.
Mr. Henschel stated that due to the fact that the City of Clermont's public parking lot is located
adjacent to the property, and there is on-street parking in front of the business, staff recommends
APPROVAL for the request for a lodge greater than 3,000 square feet at 706 West Minneola
Ave.
Craig Bishop, 11107 Versailles Blvd., stated that they need the screened patio. He believes all
organizations are going to non-smoking clubs. They need this area so the smokers have a place
to go smoke when the law does require all clubs to be non-smoking.
Commissioner Whitehead asked that now the Elks Lodge is getting a CUP, would the building
have to be brought up to code.
City Attorney Dan Mantzaris stated that the building does not have to be rebuilt and whether the
building is up to code, staff would not know that at this time.
Mr. Henschel stated that it is not a requirement of the CUP for them to update everything.
Commissioner Gray asked about the parking requirements.
Mr. Henschel stated that the expansion of the square footage is going to create a need for 24
additional parking spaces, so they will then have a deficit of 24 spaces. He said there is no room
to add parking spaces on site.
Commissioner Gray stated he was concerned about staff expressing their concerns about the
parking. He asked if this would set a precedent for any future businesses that come in this area
and want to use the public parking area as additional parking.
Mr. Henschel stated that this is not setting a precedent, but any other business that would come
into this area would also have to request a variance and be approved by City Council.
Commissioner Whitehead moved to approve the request, seconded by Commissioner Boyatt. The
vote was unanimous to recommend for approval to City Council.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
February 5, 2008
Page 3
2. REQUEST FOR CONDITIONAL USE PERMIT
PROJECT NAME: Superior Residence
OWNER: Clermont IL Investors, LLC
APPLICANT: Burkett Engineering, Inc.
REQUESTED ACTION: Request to allow an independent living facility with 168 units
located in the R-3 Residential zoning district.
EXISTING ZONING: R-3 Residential
LOCATION: North of Home Depot, east side of Oakley Seaver Drive.
EXISTING LAND USE: Vacant
FUTURE LAND USE DISTRICT: Undeveloped District 5 (UD-5)
FUTURE LAND USE CLASSIFICATION: Residential/Professional
City planner Curt Henschel stated that the applicant is requesting a Conditional Use Permit to
allow an independent living facility within the R-3 zoning district. He said the proposed
independent living facility will consist of 168 units constructed in two, four-story buildings. The
intent is to construct the project in two phases.
Mr. Henschel stated that this proposal came before City Council back in September 2007 with a
different site plan lay out. He stated that because of substantial site plan changes, it was
determined a new Conditional Use Permit would be required. He stated the applicant is
requesting the same uses that were approved in the previous conditional use permit with changes
to the site plan only.
Mr. Henschel stated that this project will be adjacent to the existing Superior Residence Assisted
Living Facility, located to the south. He said the assisted living facility was approved to be
constructed in two phases as well. He stated the first phase is existing and the second phase
proposed is 24 memory care units which will be added to the existing building.
Mr. Henschel stated that the applicant feels the proximity of the independent living facility in
relationship to the Assisted Living Facility adds to the appropriateness of the proposed
development. He stated that with the completion of the independent living facility and the
expansion of the assisted living facility, these sites will provide senior living facilities for a
variety of needs.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
February 5, 2008
Page 4
Mr. Henschel stated that staff feels that the proposed site plan fits in with the character of
surrounding uses and recommends approval of the request for a CUP to allow an independent
living facility within the R-3 zoning district.
Bill Burkett, 105 E. Robinson Street, Orlando, stated that the building will function better with
the changes and the architecture is more appealing. He believes it is an improvement to what the
Board approved previously.
Commissioner Boyatt asked if the building meets the height requirements.
Mr. Burkett stated that it does meet the height requirement due to the fact the City changed the
building height code.
Commissioner Gray asked about the adjacent property and the existing structure on that property.
Mr. Burkett said the structure is not part of this project.
Commissioner Gray asked if the parking spaces shown on the proposed development will serve
the adjacent existing development.
Mr. Burkett stated no, they will be accessible through the assisted living facility site, but they are
intended to serve the independent living facility. He stated there are additional house and
employee parking on the proposed site as well.
Commissioner Gray asked if these are two separate parcels.
Mr. Burkett said yes, there are two separate parcels.
Commissioner Gray stated that all he sees is flat elevations and wanted to know how they intend
to blend the site improvement into the existing topography.
Mr. Burkett stated that the site meets all the city codes as far as not exceeding the maximum cut
and not exceeding the maximum wall height.
Chairman Pape stated it seems like there is going to be a steep slope on the parking lot.
Mr. Burkett stated that the slope would not affect the parking lot as much as the entrance coming
up to get to the parking lot. He stated there will be a retaining wall on the west side of the
parking lot so the lot doesn't drop off and create a safety hazard.
Commissioner Outlaw asked for the definition of a memory care unit.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
February 5, 2008
Page 5
Mr. Burkett stated that it is an Alzheimer's wing that will be added to the assisted living facility.
Commissioner Outlaw asked if any of these units are going to be fee simple to the residents.
Mr. Burkett stated they are not.
Commissioner Whitehead stated she does not like the four-floor height.
Commissioner Ash moved to approve the request, seconded by Commissioner Banzhaf. The vote
was 5-2 to recommend for approval to City Council with Chairman Pape and Commissioner
Gray opposing.
3. REQUEST FOR CONDITIONAL USE PERMIT
PROJECT NAME: Heart House Ministries
OWNER: Oceanfront Properties, Inc.
APPLICANT: Edward W. Griffith
REQUESTED ACTION: Request for a CUP to allow a church facility in a C-2
General Commercial District
EXISTING ZONING: C-2, General Commercial District
GENERAL LOCATION: Emerald Lakes Plaza, Units A & F -south of Highway 50;
west of 12th Street
EXISTING LAND USE: Shopping center
FUTURE LAND USE DISTRICT: Non-Established District 1 (NED-1)
FUTURE LAND USE CLASSIFICATION: Commercial
City planner Curt Henschel stated that the applicant intends to operate an existing church in two
units of the Emerald Lakes Plaza. He stated that Unit A houses the main church assembly room
and is 3,184 sq. ft. He stated that Unit F houses the youth program and is 1,318 sq. ft. He stated
the church proposes to have seating for 150 people, and the Clermont Fire Marshal placed a
maximum of 300 persons for Unit A. He said the primary services will be Sunday 10:00 a.m.-
12:00 p.m. and 5:00-7:00 p.m., and also Wednesday 7:00-9:00 p.m. He stated the youth program
runs Mondays 7:00-9:00 p.m. He stated that various other times are also utilized as needed for
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
February 5, 2008
Page 6
smaller functions. He stated the applicant believes this will be a temporary location until the new
church is constructed off Johns Lake Road.
Mr. Henschel stated the church also runs the Mommy & Me Resale Boutique, in Unit B, next
door to the main church facility.
Mr. Henschel stated the church has been operating at this location, but because the church was
separated from the consignment store, the requirements for a CUP became apparent. He stated
that the Church is also working with the Fire Department to bring the assembly portion up to
code.
Mr. Henschel stated that it is recommended by staff that the CUP for this church be limited to
three years. He stated that commercial & retail centers should be utilized for their intended
purpose. He stated that a time limit of three years will give the church time to develop its
congregation and expand out to a more accommodating location and building. He stated that
additional time could be applied for through an amendment to the CUP.
Mr. Henschel stated that because this church is in an established plaza and the hours of operation
do not occur at peak business hours, parking is not a main concern. He stated that staff
recommends APPROVAL for the request for achurch/ CUP in the Emerald Lakes Plaza, C-2
General Commercial District.
Bill Griffith, 15009 Green Valley Blvd., stated that this is a renewal of a CUP they previously
had. He stated that Lake County declined their request to build the church on Hancock Road and
John's Lake Road. He stated they are now looking for property, but he thinks the 3 years will
give them the time they need.
Commissioner Gray stated he knows this facility has been operating for a while. He stated he
does not see restroom facilities on the drawings, and he asked if they did have facilities.
Mr. Henschel stated they are shown on the drawings, but they just aren't labeled. He stated they
would have to have the facilities in order to operate.
Commissioner Banzhaf asked if they were currently operating in these spaces.
Mr. Henschel stated they are, and they are getting a CUP so they can operate legitimately under
the current City code.
Commissioner Ash stated concerns about churches going into commercial use. She asked how
long they have given other churches in the area to operate in commercial use.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
February 5, 2008
Page 7
Mr. Henschel stated it has varied but normally 2 to 3 years. He stated that staff recommends
giving this church 3 years because of the parking issues they had to go through with the County,
and now they have to start from scratch.
Commissioner Outlaw stated that he feels the applicant will move forward diligently with their
plan.
Commissioner Whitehead stated that she feels if they need to utilize the space, she would rather
put a church there then to have an empty space.
Commissioner Whitehead moved to approve the request as according to staff's report, seconded
by Commissioner Banzhaf. The vote was unanimous to recommend for approval to City Council.
There being no further business, the meeting was adj
ATTEST:
Rae Chidlow -Administrative Assistant