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Item 20 Orchard Park Assisted Living Facility at 2755 Grapevine Crest – Special Exception, Project No. 08-22-SE-030Contact Name: Contact Number: 0 Meeting Date: September 20, 2022 Item Reviewed By: Anoch Whitfield, Zon' Department Director: Manager , V 407-554-7079 City Manager: Background Summary: Owners/Applicants: Michael and Reshma Singh Michael Ru Robert Fr K-0, Site Location: The subject site is located at 2755 Grapevine Crest, generally on the east side of Grapevine Crest and approximately 660 feet south of Clarcona Ocoee Road. Parcel Identification Number: 04-22-28-6276-00-510 Property Size: The subject site contains approximately .21 acres. Existinq Future Land Use: Low Density Residential (LDR) Existing Zoning: R-1AA (Single Family Dwelling District) Actual land use, proposed land use, and unique features of the subject property: The subject property is currently developed with a single family residence, and the property owners/applicants are currently using it as an assisted living facility (ALF) serving five (5) residents. The table below summarizes the future land use designations, zoning classifications, and existing land uses of the surrounding properties. Future Land Use Designation Zoning Existing Land Use North Low Density Residential R-1AA Single-family residential use East Low Density Residential R-1AA Single-family residential use South Low -Density Residential R-1AA Single-family residential use West Low -Density Residential R-1AA Single-family residential use Issue: Should the City Commission approve an application for a Special Exception for the use of certain property zoned R-1AA, located at 2755 Grapevine Crest, assigned parcel ID number 04-22-28-6276-00-510, for a major community residential home use serving ten (10) residents? Discussion: Consistency with the Comprehensive Plan and Land Development Code: Section 5-8A of Article V establishes and implements Table 5-1, which lists the principal uses permitted on a parcel or lot in the various zoning districts. Per Table 5-1, a major community residential home (which includes assisted living facilities) is permitted in the R- 1AA zoning district. However, Section 5-15B(3) states, in the Procedures for Approval of a Major Community Residential Home, that the approval would be via a conditional use permit considered by the Planning and Zoning Commission and City Commission. The Section 2-4(82) definition of "conditional use" directs staff to the Special Exception definition (Section 2-4(287)), which states that a special exception is a "use that would not be appropriate without restrictions throughout the zoning division or district. However, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare, such uses would be appropriate." Additionally, Section 5-15B(3) requires that a major community residential home (CRH) comply with Section 419.001(3)(a), Florida Statutes (FS), and the requirements for multi -family developments as set out in this Code. Section 4-8B establishes the standards for review and approval of a Special Exception; therefore, the summary below analyzes the Special Exception use as a multi -family use: The proposed uses and structures would not violate the land uses, densities, or other directives of the adopted Comprehensive Plan or the Code. Staff Analysis: The property is currently being used for a minor CRH serving five (5) residents, and the applicants are proposing to increase this number to ten (10) residents, making it a major CRH (which is defined as serving seven (7) to fourteen (14) residents). The proposed conversion from a minor to a major CRH will operate in the existing single-family dwelling unit and will not include any additional structures or buildings. No site improvements are proposed. Section 419,001, FS, states that a CRH is a "dwelling unit" providing a living environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a family. Therefore, the requested major CRH represents one (1) dwelling unit and does not exceed the density permitted within the Low Density Residential (LDR) future land use designation or other directives of the adopted Comprehensive Plan. 2. The proposed uses and structures would be compatible with the uses, structures, and activities on adjacent or nearby lands. Staff Anal: Future Land Use Element Objective 1 defines "compatible" to mean "not in direct conflict with [adjacent uses and natural features] with regards to specific zoning categories, density, and intensity. The property will continue to be utilized as a single dwelling unit; therefore, major CRH use will not be in direct conflict with the surrounding properties with regard to use, density or intensity. Landscape buffers (required between a commercial zoning district and a residential zoning district to protect residential developments) and open space (required for multi -family developments of 12 or more dwelling units) are not required. 3. The proposed uses and structures would not violate the health, safety, welfare, and/or convenience of those residing, working, or owning land in the vicinity of the proposed use or structure, with respect to density, bulk, overcrowding of land or buildings, fire hazards, characteristics of a residential home, impairment of pedestrian or vehicular movement on adjoining streets or adequacy or availability of public facilities. Staff Analysis: The proposed use will remain a single family dwelling unit with no site improvements proposed. The parking ratio required for a single-family dwelling is two (2) spaces per unit. The property currently meets parking requirements for a single dwelling. The facility operates visitation of family members by appointment only to ensure the availability of on -site parking. Additionally, the applicants have coordinated with the Fire Department and Building Division regarding needed improvements and upgrades to ensure the dwelling meets Fire and Building Codes based on the building's occupancy classification. Based on GIS, there are no minor or major CRH within 1,200 feet of this facility. Thus, the liq proposed major CRH is not anticipated to adversely impact the health, safety, welfare, or convenience of those residing, working, or owning land in the area or to impair pedestrian or vehicular movements on the adjoining streets. The applicants have already received licensing from the State for the operation of a 10-bed facility. Staff has not identified any Code -related issues with the requested Special Exception for a major community residential home use on the property. Development Review Committee Recommendation: The Development Review Committee (DRC) met on Tuesday, August 23, 2022, to review the proposed Special Exception application for a major community residential home use on the property located at 2755 Grapevine Crest, assigned parcel ID number 04-22-28-6276-00-510, for a major community residential home use serving ten (10) residents and voted to approve the requested Special Exception. Planning and Zoning CommissionRecommendation: The Planning and Zoning Commission met on August 30, 2022, to consider the proposed Special Exception. Members of the public and from the HOA community spoke in support of the ALF Special Exception. Following public comment, the PZC, acting as the Local Planning Agency, unanimously recommended approval of the Special Exception for the use of certain property zoned R-1AA, located at 2755 Grapevine Crest, assigned parcel ID number 04-22-28-6276-00-510, for a major community residential home use serving ten (10) residents. Recommendations: Based on staff findings and the recommendations of the DRC and Planning and Zoning Commission, staff recommends that the City Commission, acting as the Local Planning Agency (LPA), approve the Special Exception application for a major community residential home use on the property located at 2755 Grapevine Crest, assigned parcel ID number 04-22-28-6276-00-510, for a major community residential home use serving ten (10) residents. Attachments: Location Map Aerial Map Zoning Map Orchard Park ALF Floor Plan Financial Impact: No financial impacts anticipated at this time. 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