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04-02-2019 P&Z MinutesCity of Clermont MINUTES PLANNING AND ZONING COMMISSION April 2, 2019 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday, April 2, 2019, at 6:30 pm by Chairwoman Cuqui Whitehead. Members present were Herb Smith, Ebo Entsuah, Julie Santos, Max Krzyminski and David Colby. Also present for City staff were City Attorney Dan Mantzaris, Development Services Director Curt Henschel, Planning Manager John Kruse, Senior Planner Regina McGruder and recording secretary, Lori Crain. Absent was Commissioner Tony Hubbard. MINUTES of the Planning and Zoning Commission meeting held March 5, 2019, were approved as written in favor by vote of all six members present. Commissioner Smith made the motion and Commissioner Colby seconded. 6-0 for approval Chairwoman Whitehead reviewed the fact that the Planning and Zoning Board is a recommending body and does not make the final decision. That is the duty of the City Council. REPORTS: Commissioner Entsuah reported that there was a great turn -out for the bicycle event held previously in March. He also mentioned the upcoming Celebration of Heroes event to be held this Saturday, April 6, 2019, from noon to 5 pm at Waterfront. This is a free event open to the public. Commissioner Krzyminski also mentioned the Celebration of Heroes event as well as the 50 Plus Comedy Tour, also held this -coming Saturday at the ARC. Chairwoman Whitehead encouraged the audience to participate in the many activities the City has to offer and to be more active and enjoy a good time. NEW BUSINESS ITEM #1 WISE PLANNED UNIT DEVELOPMENT REZONING REQUEST: To consider ordinance to rezone 13+/- acres to Planned Unit Development for mixed -use. Applicant: LPG Urban & Regional Planners, LLC for the Wise Family Planning Manager, John Kruse presented staff report. The applicant, represented by Greg Beliveau, is requesting a rezoning for 13+/- acres to Planned Unit Development for mixed use consisting of 96 (ninety-six) multi -family units and 96,000 (ninety-six thousand) square feet of commercial/office use on a parcel located west of the CR 455/Hartle Road and Good Hearth Boulevard intersection. This request is being heard concurrently with requests for annexation and a large-scale comprehensive plan amendment. The property is currently in Lake County with a zoning designation of Urban Low. Once the property is annexed, it will become Urban Estate. Page 2 Staff has reviewed the applicant's proposal and believes the proposed use at this location is compatible with the uses in the area. There is a mixture of uses in the surrounding area, such as single-family homes and an assisted living facility to the east, multi -family use to the north and industrial uses to the west. Staff believes the proposal meets the standards in regards to Section 122-315, Review Criteria for a PUD. The project is located within % mile of an arterial and major collector intersection (SR 50 and CR 455) and will access CR 455 via a future signalized intersection. The project can be fully served by the City's services, the density and intensity is consistent with the City's Comprehensive Plan, and the dedication of the Right - of -Way for the Hook Street connection serves a public benefit. Therefore, staff recommends approval of Ordinance 2019-16 for a Planned Unit Development to be developed in substantial accordance with the PUD Conceptual Development Plan, prepared by LPG Urban & Regional Planners LLC, dated May 11, 2018. Mr. Beliveau 1162 Camp Ave, Mt. Dora, reiterated that this is the third time the applicant, Wise Family, has participated with a government agency when requested for right-of-way and public need. This request is in exchange for their participation with the Hooks Street extension. He further stated that when the Hooks Street extension goes in, they would then be able to build the PUD. Both parties benefit from this rezoning. It reduces that traffic impact on the area with less commercial square footage capped in the PUD. Chairwoman Whitehead opened the floor to the public. There was no one present to speak. Chairwoman Whitehead closed the public portion of the hearing and returned it to the Board. Commissioner Krzyminski asked who would be paying for the light from Hartwood Marsh to Hartle Road. Planning Manager Kruse advised that has not been decided yet. But a lot of this is being handled by Lake County. Commissioner Smith asked if the set -backs for the 2 commercial buildings will have to be more than usual. Kruse stated as per the code the usual 50 feet would be the set -back. Smith also asked if this was the first apartment building that was required to have elevators. Kruse advised per the PUD ordinance this was requested to have elevators. Chairwoman Whitehead asked if the development of the property would not start until after the completion of the Hooks Street or if they had a year or if the time limit was going to be waived. Kruse stated he believed it was two (2) years, but it could also be something the city staff may have to review. Chairwoman Whitehead entertained a motion for item 1. Commissioner Krzyminski moved to approve Ordinance 2019-16 the request; it was seconded by Commissioner Smith. All those present voted for approval and it passed 6-0. ITEM #2 SENNINGER LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT REQUEST: To consider ordinance to change the future land use from Lake County Regionals Office to City of Clermont Industrial. Page 3 Applicant: Appian Engineering, LLC Planning Manager Kruse presented staff report. The applicant, represented by Major Stacy, is requesting a change to future land use from Lake County Regional Office to City of Clermont Industrial for 12+/- acres located south of SR 50, north of CR 455 extension, west of Good Hearth Boulevard, and adjacent to the current Senninger irrigation plant. This request is being heard concurrently with requests for annexation and a rezoning to the City's M-1 Industrial District. The property is located within the Interlocal Service Boundary Agreement (ISBA) and the Joint Planning Area (JPA). The property has been historically used for industrial uses in the production of equipment in the irrigation industry. Upon approval by the City Council, the proposed amendment would be transmitted to the Florida Department of Economic Opportunity (DEO) and the reviewing agencies for review. DEO would then issue an Objections, Recommendations and Comments letter to the City, and the amendment would then be scheduled for a final public hearing in June. Staff is able to support the request for the comprehensive plan change since the subject property meets the requirements for voluntary annexation, the City is capable of serving the property, and it is not in conflict with the City's Comprehensive Plan, The Senninger property in which the plant is located on, is in the City with the City's Industrial Future Land Use. Staff recommends approval of the transmittal of the large-scale comprehensive plan amendment to change the future land use from Lake County Regional Office to the City's Industrial Future Land Use. Major Stacy, 2221 Lee Rd, Suite 27, Winter Park, FL stated the applicant agrees with the Staff report and that this will make a consistent use of the property since the property owner is the same. Chairwoman Whitehead opened the floor up to the audience. There was no one there to speak. Chairwoman Whitehead closed the public portion of the hearing and returned it to the Board. Chairwoman Whitehead entertained a motion for item 2. Commissioner Smith moved to approve Ordinance 2019-19; Commissioner Santos seconded. All those present voted in favor. Motion passed 6- 0. ITEM #3 ABEL'S ACADEMY CONDITIONAL USE PERMIT REQUEST: To consider Conditional Use Permit to allow for a private school. Applicant: Citrus Tower Complex, LLC Senior Planner Regina McGruder presented staff report. The applicant, represented by Joe Zagame, is requesting Conditional Use Permit to allow for a private school on vacant parcel located north of Citrus Tower Boulevard, south of Division Street and east of US Hwy 27. Page 4 This is currently zoned for Planned Unit Development with C-2 General Commercial permitted uses. The Land Development Code, Section 122-224 allows a private school use with a Conditional Use Permit. The property is currently vacant and located behind the Belk's Plaza, north of Citrus Tower Blvd and south of East Division Street. The property is approximately 1.12 acres. The applicant would like to construct a 9,100 square foot building for a private school facility. The private school, Abel's Academy, is a center that provides educational and life skills learning for autistic children. The school is currently located at the Heritage Square Business Park. The applicant indicated because of demand for this type of school, they would like to construct a larger facility to accommodate more students and parents. The proposed location will provide multiple points of ingress and egress, and there are no neighbors that will be directly impacted. The proposed site previously received a Site Plan Approval Permit on March 27, 2018 to allow for construction of a commercial office building. The applicant will be required to resubmit a new site plan for review and approval because of the change of use from office/retail to a private school facility. Staff has reviewed the application as submitted, and finds that the proposed use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity and the proposed use will comply with the regulations and conditions specified. Therefore, staff recommends approval of the Conditional Use Permit to allow for a private school facility in the (PUD) Planned Unit Development zoning district with the conditions contained in Resolution No. 2019-11R. Joe Zagame, 230 Mohawk Rd, Clermont, advised this is part of the Citrus Tower Village Shopping Center which has been around since 2003. This is the only out parcel that has not been developed. Due to its location it is not ideal for retail commercial. The school has been a tenant of Zagame's for five years now and has developed a great relationship with the owners of the school, Sam and Terri Howard, who are present. Terri Howard, 13201 Sugar Bluff Rd, Clermont, spoke. She advised they have 22 students currently enrolled. They keep the enrollment low so to stay focused on each student's individual needs. They are a business but don't run it like a business. The changed lives are more important. Chairwoman Whitehead opened the floor to the public. There was no one to speak. Chairwoman Whitehead closed the public portion of the meeting and returned it to the Board. Commissioner Krzyminski asked if traffic would be an issue for the students. Howard stated there isn't a traffic issue due to them being a private school they have the ability to stagger drop off and pick up times according to individual needs of each student. She further stated the class day is from 8:40 am to 2:30 pm. Commissioner Smith stated he goes to the Publix next door at least twice a week and he uses the back way. He stated there's almost always a wreck right there. He asked if there would be kids running around. Howard advised they are well contained. Zagame advised there are plenty of parking spaces which will be utilized as a playground for the students and will be fenced in as future plan. He added that majority of the traffic comes off of Hwy 27 onto Citrus Tower Boulevard and Division Street is rarely busy which will add to the safety for the students. Page 5 Commissioner Santos stated she believes it's a good fit. Commissioner Krzyminski asked if the school expects full enrollment upon opening. Howard advised they have a waiting list with at least 100 children on it. They believe 40 will be their maximum enrollment. Chairwoman Whitehead thanked and applauded Ms. Howard for their work and caring for these children as her younger sister attended schools like Abel's Academy in New York. Whitehead also asked what age limit they have at the school. Ms. Howard stated most insurance companies will service the students until age 21. Chairwoman Whitehead entertained a motion for item 3. Commissioner Smith made a motion to accept Resolution 2019-11R. Commissioner Santos seconded. All present voted in favor of. Motion carried 6- 0. City of Clermont MINUTES PLANNING AND ZONING COMMISSION April 2, 2019 There being no further business, the meeting was adjourned at 7:09 p.m. Cuq i Whitehead, Chairman ATTEST: ( " �" John E. Kruse — Senior Planner