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07-07-2020 P & Z MinutesCITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING July 7, 2020 The meeting of the Planning & Zoning Commission was called to order on Tuesday, July 7, 2020 at 6:30 p.m. by Vice Chairman, Ebo Entsuah. Members present were: Ebo Entsuah, David Colby, Max Krzyminski, Tim Murry, Joe Gustafson, and Jane McAllister. Also present for City staff was City Attorney, Daniel Mantzaris, Esq., Development Services Director Curt Henschel, and Senior Planner Regina McGruder. MINUTES: Commissioner Colby moved to approve the minutes of the June 2, 2020 meeting as written; seconded by Commissioner Gustafson. REPORTS FROM THE COMMISSION: Commissioner Entsuah thanked the public for attending and hoped everyone had a good 4th of July. Commissioner Colby moved to approve the Tabling of Resolution 2020-29R to August 4, 2020; seconded by Commissioner Murray. Commissioner Gustafson moved to approve the Tabling of Resolution 2020-30R to August 4, 2020; seconded by Commissioner McAllister. NEW BUSINESS ITEM #1 - Resolution 2020-30R — Artwalk Eatery Conditional Use Permit — Tabled to July 7, 2020 ITEM #2 - Ordinance 2020-24 — Governor's Lake PUD Amendment REQUEST: Consider ordinance to amend a Planned Unit Development (PUD) for property located at the southeast corner of US Highway 28 and Citrus Tower Blvd. Senior Planner McGruder presented the staff report as follows: The owner, South Lake Connector, LLC is requesting to amend a Planned Unit Development PUD (Ordinance No 2017-02), the property is also known as (Kings Crossing Commercial), the subject property is part of the Lost Lake DRI Master Development Order, (Ordinance No. 464- M); approved on November 26, 2002. The parcel is located at the southeast corner of Citrus Tower Blvd. and US Hwy 27. The current PUD zoning allows C-1 Light Commercial permitted uses. The City Council approved on January 10, 2017 (Ordinance No 2017-02) rezoning the property from C-1 to Planned Unit Development. At that time, the existing stormwater pond (labeled July 7, 2020 P&Z Meeting Minutes Page - 1 Tract F) in the Master Development Plan was relocated as part of the platting process and approved by Lake County. The conceptual plan submitted and approved with the PUD identified the pond relocation and designated C-1 uses over the former pond tract. Currently that portion of the property identified as (Lost Lake Tract F) for sale to the Veterans Administration for the new VA outpatient clinic, which is under review for final site plan approval and construction. There is a legal issue with the title insurance and closing of the property, which is requiring the former (Lost Lake Tract F) be amended in the Master Development Plan. There are no other proposed changes to the Planned Unit Development (PUD). Staff has reviewed the applicant's request and recommends approval of Ordinance 2020-24 amending the Planned Unit Development (PUD). Vice Chairman Entsuah turned it over to the Applicant/Representative to present their request. Jimmy Crawford, of CMH Lawyers, 702 W Montrose St, Clermont, FL, representing the applicant on this project and to answer any questions pertaining to the project. He agreed with staffs report. Vice Chairman Entsuah opened the floor to the public. No one from the public commented. Vice Chairman Entsuah brought it back to the Board and entertained a motion. A motion was made by Commissioner McAllister to approve Ordinance 2020-24, seconded by Commissioner Kryzminski. Vote passed unanimously 6-0, with everyone voting in favor. ITEM #3 - Ordinance 2020-16 — Hartwood Marsh Assisted Living Facility CPA REQUEST: Consider Future Land Use change from low density residential to high density residential for property located at the southeast corner of Hartwood Marsh and Hancock Road. ITEM #4 - Ordinance 2020-17 — Hartwood Marsh Assisted Living Facility Rezoning REQUEST: Consider Rezoning from R-1 Single Family Medium Density Residential to Planned Unit Development (PUD) for property located at the southeast corner of Hartwood Marsh and Hancock Road. Item's 3 and 4 were presented together for the Future Land Use Change and Rezoning of the Hartwood Marsh Assisted Living Facility. Senior Planner McGruder presented the staff report as follows: The applicant, First Baptist Church of Clermont, is requesting a Future Land Use change from Low Density Residential to High Density Residential on 6.056 acres of the subject property. The parcel is located on the southeast corner of Hartwood Marsh and Hancock Road. This request is being heard concurrently with a rezoning from R-1, Single Family Residential to a Planned Unit Development (PUD) to allow for construction of a three (3) story Assisted Living Facility. The 6.056 +i_ acre parcel is part of the 38 acre master parcel owned by the First Baptist Church and approved for a church facility and supportive accessory uses to the church, with Conditional Use Permit (Resolution No 2018-03). The church Master Concept Plan, which is not an approved July 7, 2020 P&Z Meeting Minutes Page - 2 site plan; required an amendment to the CUP for the Assisted Living Facility; that use is not permitted in Low Density Residential Land Use. The proposed map amendment will change the future land use from City of Clermont Low Density Residential, which allows up to three (3) units per acre, to City of Clermont High Density Residential, which allows up to twelve (12) units per acre, and a variety of housing types with a (PUD) Planned Unit Development. The Goal of the Future Land Use is to ensure that the character, magnitude and location of all land use provide a system for orderly growth and development achieve a balanced natural environment; that enhances the quality of life of all residents. The Clermont Comprehensive Plan Objective 1.2: The City shall consider the compatibility of adjacent future land use categories during the land use plan amendment process. The City shall consider potential maximum densities and intensities and the appropriate transition of uses, densities and intensities. The Clermont Comprehensive Plan Policy 1.6.3: High Density Residential Land Use Category: Areas delineated on the FLUM for high -density residential development shall accommodate a maximum of 12 dwelling units per acres; however, densities higher than eight units per acre shall require a conditional use permit. Nursing homes, assisted living facilities and independent living facilities shall be permitted in high -density residential land use as a planned unit development (PUD) consistent with land development regulations and may have a maximum intensity of 3.0 FAR. Section 86-226, Review criteria requires specific requirements of the land development code are met to ensure adequate ensure compatibility with adjourning properties as required by the comprehensive plan. Staff has reviewed the application as submitted and finds the requested amendment to the comprehensive plan is consistent with the surrounding land uses and areas. The proposed commercial development will provide a less intense use than other commercial uses, because most residents living at the Assisted Living Facility have limited mobility and will not be driving vehicles, therefore creating less traffic in the area. The Comprehensive Plan allows less intense commercial uses that can provide low impact and critical services; and are consistent with the general character of the adjacent residential uses. The owner, First Baptist Church, is requesting to rezone approximately 6.053 acres of the 38 acres master parcel to a Planned Unit Development (PUD) to allow for development of an Assisted Living Facility. The current zoning of the property is R-I Single Family Medium Density Residential. The R-1 zoning category allows a church use with a Conditional Use Permit. The City Council approved on February 27, 2018 a CUP (Resolution No. 2018-03) to allow a Master Planned Church Facility with ancillary uses to support the church ministry. The Master Development Plan included a Concept Plan with different uses as a school, recreation field, multi -purpose buildings and a parking garage. The plan also included an Assisted Living Facility, which required a separate approval process. The Assisted Living Facility is not a permitted use in the R-1 zoning district and not allowed by the Comprehensive Plan for Low July 7, 2020 P&Z Meeting Minutes Page - 3 Density Residential Land Use. The applicant is also requesting a land use change from Low Density to High Density Residential. The applicant has provided a conceptual site plan, prepared by Germana Engineering, showing the proposed layout of the Assisted Living Facility. The Assisted Living Facility parcel as proposed; will be developed and operated by a private developers or company and is not part of the church facility. The applicant in 2019; presented a similar concept plan that would consist of a three (3) story Assisted Living Facility, for up to 100 residents and a one (1) story Memory Care building/wing for up to 32 residents and a one (1) story Commons/Amenity building/wing for the residents. The conceptual plan has been redesigned to reconfigure the site that would allow the three (3) story building be located interior to the project and away from the residential neighborhoods. The total maximum building area shall not exceed 62,000 square feet. The applicant is not requesting any waivers to the Land Development Code. The applicant will be required to provide a Traffic Impact Analysis (TIA) for the proposed project and any recommended traffic deficies will require mitigated at the applicants expense. To elevate and help minimize traffic congestion the applicant has dedicated land for rights -of way for future road improvements to Hartwood Marsh Road and also on Hancock Road. Staff has reviewed the application as submitted and finds the proposed development plan does meet the standards and intent of Section 122-314, Review Criteria for a Planned Unit Development. Staff finds the requested use will not be detrimental to the health, safety and general welfare of the surrounding areas. Staff recommends approval of Ordinance No. 2020-16, Future Land Use change from low density residential to high density residential and Ordinance No. 2020-17, rezoning the subject property to (PUD) Planned Unit Development. Vice Chairman Entsuah turned it over to the Applicant/Representative to present their request. Cecilia Bonifay, attorney of the Akerman Law Firm, 420 S Orange Ave #1200, Orlando, FL, representing the applicant on this project and to answer any questions pertaining to the project. Ms. Bonifay presented letters of support from the public to the staff and presented the changes that were made such as changing the access and changing the 3 story building in the interior moving it farther away from the neighboring residents. Ms. Bonifay stated that the reasoning to change to high -density zoning is because assisted living facilities do not have their own zoning and the traffic would not be heavy going into the facility because employees will be on an alternating schedule. Ms. Bonifay explained that Mr. Fuqua is extending Hancock Rd. and the assisted living facility will have two access points with having one access on Hancock Rd. and one access on Hartwood Marsh Rd. She mentioned that Mr. Lawson, Developer, is in attendance with her as well to answer any questions regarding the assisted living facility as well as Chris Germana, engineer, and the pastors of the First Baptist Church. Vice Chairman Entsuah opened the floor to the public. Samii Yakovetic, 4480 Powderhorn Place Dr., Clermont, FL, spoke on the concerns of the plans changing from public record research. Ms. Yakovetic stated that their original plan was a church July 7, 2020 P&Z Meeting Minutes Page-4 and ball field that would have small impact in the surrounding residential area to a church and assisted living facility. She stated that this project will negatively affect the Hartwood Marsh corridor that is currently causing a negative impact not only in safety of the community but also environmental concerns. She mentioned that it is not properly located and that the city already has assisted living facilities in the appropriate locations. Tom Slayton, 30 South Orange Ave. Orlando, FL, an attorney representing Hartwood Pines and Regency Hill's Home Owner Associations. Mr. Stayton stated these two communities would be the most impacted with the proposed project. Mr. Slayton stated he was surprised with the recommendation of approval because he believes there hasn't been much change from the original denial in 2019. He mentioned the second entrance for Hartwood Pines has been closed because of the current traffic situation with Hartwood Marsh Rd. and the approval of this project would make it worse. Mr. Slayton also added that due to the pandemic, many residents did not feel comfortable coming but express their concerns for the project. Vincent Niemiec, 4569 Barrister Dr., Clermont, FL, presented a wider view of Hartwood Marsh and the proposed project with the surrounding communities, showing the difficulty of leaving each community with only 6 entryways. Mr. Niemiec stated the traffic counter was misleading because it was during the pandemic and without school in session. He stated that he was told an Assisted Living Facility was not mentioned when the church met with the HOAs. Wes Essmiller, 2728 Kingston Ridge Dr., Clermont, FL, asked the commission a series of questions. Mr. Essmiller asked if any members of the staff or board were affiliated with the church. Both staff and the board answered no. He asked is the current moratorium for multi- family housing applies to this project. Mr. Henschel answered the moratorium would be ending July 10. He stated he is concerned with the light pollution from the assisted living facility and how it will carry over onto his property. Brett Fontenot, 2746 Valiant Dr., Clermont, FL, expressed his concern with the initial plans changing from the church. Mr. Fontenot stated that over 1,000 properties currently have difficulty with traffic on Hartwood Marsh Rd. and was fine with a church coming to his backyard but does not agree with a high -residential facility. Jon Gregorius, 2761 Valiant Dr., Clermont, FL, stated nothing has changed from when the board original denied this project in October, 2019 and hopes that it will be denied again. Joe Gick, 2724 Kingston Ridge Dr., Clermont, FL, stated he did not move to Clermont to sit in traffic and see multiple car accidents. Mr. Gick expressed this is an inappropriate intersection to place a project like an assisted living facility. He stated after speaking to a member from the church that was walking the property when a rendition of the assisted living facility was presented and was told that this project wouldn't happen for a very long time. Mr. Gick stated the plans has not changed since the denial in October. Cindy Emely, 2633 Hartwood Pines Way, Clermont, FL, stated her concern for changing the land use to high density from past projects changing their original plan. Ms. Emely stated that due to the pandemic, traffic hasn't been a concern on Hartwood Marsh Rd. but as things get back July 7, 2020 P&Z Meeting Minutes Page - 5 to normal and schools open up it will be backed up again and suggests denial for the land use change. Joe Yakovetic, 4480 Powderhom Place Dr., Clermont, FL, expressed how the traffic on Hartwood Marsh Rd. takes him at times 10 minutes to leave his community. Mr. Yakovetic does not agree with a multimillion dollar business in a residential area and that the board must preserve the quality of life in the community and would hope the council to deny this plan. Jalayna Kraemer, 2771 Valiant Drive, Clermont, FL, stated her single story home will be facing this property and that she will be seeing this property every time she steps out of her home and does not believe that high -density belongs in that particular location. She also stated many members in the community share the same viewpoint but cannot be there tonight due to the pandemic and asked where these community members could send emails to voice their opinion. Mr. Henschel provided information to the City Clerk Office. Frank Lynch, 4565 Barrister Dr., Clermont, FL, addressed the thousands of residents that were not able to be there tonight but will be impacted by the high -density zoning change and that future development will deeply impact the traffic on the road. Bruce Johnson, 2816 Majestic Isle, Clermont, FL, stated he is pleased with the growth of the city but does believe a problem is the traffic on Hartwood Marsh Rd and suggested that the board will deny the rezoning. Kimberly Day, 2646 Hartwood Pines Way, Clermont, FL, stated she looks forward to the church building near her home but was disappointed when she heard an assisted living facility was proposed. Ms. Day stated her frustration with the current traffic and that this project would only add to it. Charlene Harrison Forth, 939 West Desoto St., Clermont, FL, spoke on the impact of the quality of life of the residents by commercial development. Henriette Lahoal, 2749 Valiant Dr., Clermont, FL, asked the board to keep the low -density for the well-being of families and value of homes in the area. Albon Head, 4068 Longbow Dr., Clermont, FL, a resident from Hunters Run expressed his neighborhood is very concerned with the proposed development and he would've not of moved into his home if he would've know of a high -density change. Mr. Head stated the property value of over 1,000 homes will go down and traffic would increase because of the visitors that would be going to the assisted living facility. Vice Chairman Entsuah brought it back to the applicant for a rebuttal. Cecilia Bonifay thanked her clients and people of support that conducted themselves in an appropriate manner. She stated she was embarrassed by the comments she heard against the church by the people in attendance without evidence. Ms. Bonifay stated the first issue of traffic was not backed up without any traffic study analysis as well as addressing the plan that Hancock Rd. would be extended and create an additional entrance for the development. Ms. Bonifay presented the Roadway Improvement Agreement between Lake County and Hartwood July 7, 2020 P&Z Meeting Minutes Page - 6 Residential as well as the plans that the church has given right of way for the expansion and widening of Hartwood Marsh Rd. and Hancock. Ms. Bonifay also stated there would be a reduction of trips for an assisted living facility rather than keeping it a low -density. She also stated she had tried to reach out to the HOA's and lawyers and they had no desire or interest in discussing plans. Don Lawson, Lawson Group, is the developer and architect for senior housing facilities. Mr. Lawson expressed that the church is not the developer and he sought out the church to purchase land and wanted the church to be involved because it would be a faith based assisted living facility. He reiterated the church would not own the property and that the assisted living facility would pay the appropriate taxes. Mr. Lawson explained the facility would be for the elderly that need some assistance by creating a community with apartments. He presented a report from Senior Market Research Associates in the analysis of Clermont. They found that by 2022, there would be a demand of 612 beds for senior living. Ben Bond, 11902 Heron Cove, Clermont, FL, Pastor of the First Baptist Church of Clermont, stated they bought the land in 2002 before any developments were there and always planned to build their church. He stated the church has made significant changes in the plan by changing the entry ways so that it would alleviate traffic. He also stated the church does not intend to start their school anytime soon and that they always had an assisted living facility in their plans. He expressed they want to be good neighbors and care for the people in the city. Vice Chairman Entsuah brought it back to the Board and entertained a motion. Commissioner Kryzminski put on record, he did have a conversation with Ms. Bonifay about the project via conference call. He asked when the traffic count was done and Ms. Bonifay answered she does not have the dates of the traffic count but the report was done in June 2020. Commissioner Kryzminski also asked if the access for Hartwood Marsh would be a right in/right out and Ms. Bonifay confirmed. Lastly he asked if there was a timeline for the extension of Hancock Rd., Ms. Bonifay explains that Mr. Fuqua cannot develop his land without the extension of Hancock Rd. and that would have to be done first. Commissioner McAllister asked Ms. Bonifay if there is already an existing entry on Hancock and the plan is to add a second entry further along Hancock Rd. Ms. Bonifay confirms that is correct. Commissioner Gustafson thanked everyone for their comments and passion that they have presented tonight. He agreed that the main issue is the traffic and is not a singular issue of just Hartwood Marsh Rd but the entire city. Commissioner Gustafson does not think this is the correct time to perform a traffic study due to the pandemic. He also asked Senior Planner McGruder what really changed to make the city change from denial to approval. Ms. McGruder explained the buildings flipped and the 3 story building is now interior that changed staff s perspective because it would be less intrusive to the surrounding neighborhoods. Commissioner Kryzminski asked if landscaping has changed and Ms. McGruder confirmed that more landscaping was added but the landscape buffer remains the same. July 7, 2020 P&Z Meeting Minutes Page - 7 Commissioner Colby stated he does see that there is significant changes from the original plan but still has concern over the traffic problem. He also stated the residents of the 1,000 homes thought that this area would remain low -density and cannot agree with a project that takes away from people's investments. Commissioner Gustafson commented the city is growing and land use will change. Commissioner Murry, disclosed that he did have a conference call with developers and has seen the changes that were made from last October. He stated his concerns on the traffic, especially with the lack of a turn in lane and the prevention of cars turning in left on Hartwood Marsh Rd. Commissioner Murry stated the plans of ballfields would've been a better fit for the area and doesn't doubt that the city needs more assisted living facilities but does not think this is the right location because of the traffic. Commissioner Colby wanted clarification on whether an assisted living facility was always the plan when it was zoned single-family residential. Pastor Bond explained there was a strategic plan to be a multigenerational church and to have an assisted living facility on campus. Vice Chairman Entsuah asked for clarification on the development of the property. Pastor Bond explained the land will be sold to the Mr. Lawson and the Lawson Group would develop the assisted living facility. Mr. Entsuah also wanted clarification on the landscape buffer, Ms. McGruder answered that the city has asked for a 30% increase in overall landscape. Commissioner Gustafson asked if there was any date for the expansion of Hancock Rd. and Ms. McGruder stated there is currently no timeline. Mr. Gustafson also disclosed that he had conversations with the applicant. A motion was made by Commissioner Murry for denial of Ordinance 2020-16, seconded by Commissioner Colby. Vote passed 4-2, with Murry, Colby, Gustafson, and Enstuah voting in favor and McAllister and Kryzminski voting in denial. A motion was made by Commissioner Colby for denial of Ordinance 2020-17, seconded by Commissioner Gustafson. Vote passed 4-2, with Murry, Colby, Gustafson, and Entsuah voting in favor and McAllister and Kryzminski voting in denial. ITEM #5 — Resolution 2020-29R — Woodhouse Spa CUP REQUEST: Consider a Conditional Use Permit to allow for a structure to be more than 3,000 square feet in the CBD (Central Business District) for property located at the southeast corner of West Ave. and Osceola Street. Development Services Director, Curt Henschel presented the staff report as follows: The owner, Victory Coast LLC, is requesting a Conditional Use Permit in the Central Business District (CBD) to construct a 6,000 square foot building to be used for personal services. The site is located southeast of the intersection of W. Osceola Street and West Avenue. The property consists of two parcels that consisted of older structures that will be redeveloped into a new two story building with parking and landscape. The entire project is approximately 0.25 +/- acres. July 7, 2020 P&Z Meeting Minutes Page-8 The project, as proposed on the Condition Use Site Plan prepared by Highland Engineering, shows the proposed building to have an estimated total square footage of approximately 6,000 square feet with each floor consisting of approximately 3,000 square feet. The CBD district allows buildings to be placed to the property line and limits height to 55 feet. The proposed building will not be built to the property line and will be under the 55 feet height limitation. The maximum permitted Floor Area Ratio (FAR) in the Central Business District is 3.0. The project will develop at approximately 0.58 +/- FAR, which is less than the maximum. The impervious surface ratio (ISR) of the project is 74%, which is under the allowable 100% in the CBD and the project will connect to the Victory Pointe Regional Stormwater System. Under Section 122-243 (b) of the Land Development Code, the CBD states any business establishment or structure proposing to occupy 3,000 square feet of total floor space or more shall require application for a conditional use permit. The proposed spa use is permitted under personal services. The applicant has requested two variances in the construction of the building. The variances are not considered under this Conditional Use Permit request and will be considered by City Council. The two variances are a reduced drive isle from 24 feet to 22 feet and a reduced landscape buffer. Staff has reviewed the application as submitted and finds the proposed building will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. The proposed use is a permitted use. Staff recommends approval of the Conditional Use Permit Amendment with the conditions contained in Resolution No. 2020-29R. Vice Chairman Entsuah turned it over to the Applicant/Representative to present their request. Jeff Banker, Highland Engineering, 79 W. Illiana St, Orlando, FL, representing the applicant on this project. Mr. Banker agrees with staffs report for the approval of the 6,000 sq. ft. building. He stated the building would be two story but would still have green space and on -site parking as well as answer any additional questions. Vice Chairman Entsuah opened the floor to the public. Jose Camps, 2530 Citrus Tower Blvd, Clermont, FL, questioned the uses of the buildings and whether covenants will be addressed on this property. Mr. Camps stated he recently moved to Clermont and is concerned with the developments coming into the City and would hope that the board will ask many questions before approving. Mr. Mantzaris stated the proposed uses of this project is allowed under the CBD (Central Business District) and the board is reviewing the size of the structure. Charlene Harrison Forth, 939 West Desoto St., Clermont, FL, asked if there was any on -site parking and is concerned with the lack of parking in the Downtown. Ms. Forth asked what the spa would entail and what services would be provided. Levonte Rogers, 667 W. Osceola St., Clermont, FL, was concerned the project was going to be on West and Osceola St. with the issue of parking in the area after the approval of the hotel project recently. Mr. Rogers is concerned with the traffic in that area and the difficulty of leaving his home. July 7, 2020 P&2 Meeting Minutes Page - 9 Vice Chairman Entsuah allowed the applicant a choice to respond. Mr. Banker stated the Woodhouse Spa is a nationally recognized business that provides manicures, pedicures, massages, and various skin treatment. He also stated the applicant does have an off -site parking agreement in place. Vice Chairman Entsuah turned it back over to the board. Commissioner Murry stated he does have concern on the parking in that area and would like to know where the parking agreement is located. Mr. Banker answered the off -site parking is located 200 ft. from the building. Commissioner Murry asked what the total occupancy allowed for the spa. Darren Johnson, owner and developer, 1075 W Lake Shore Dr., Clermont, FL, stated there would be 15 treatment rooms with a maximum of 30 people. Commissioner Murry asked what the total parking spaces that would be required for the size of this building. Mr. Henschel stated the building would have 5 on -site spaces and would need 13 spaces total. Vice Chairman asked if that included handicap spaces and Mr. Henschel confirmed that the handicap spaces would be on -site. Commissioner Colby asked what the hours of operation would be for the proposed Spa. Mr. Johnson answered that hours would be from 10 a.m. to 8 p.m. Commissioner Colby asked what the overall look and fagade would be and Mr. Johnson explained it would be coastal to match the development that is already in the area. Commissioner McAllister stated she liked the look of the building but has concern on the parking. She stated she would want parking to be all on -site and it would be difficult to obtain on -street parking. Mr. Johnson explained the parking would not be on -street but would be obtained by the parking agreement. Mr. Mantzaris explained the CBD allows off -site parking but would not be on -street and if the parking agreement would go away the business would need to find an alternative or have to shut down. Mr. Henschel stated this becomes a recorded document and Mr. Johnson added that he owns the other property that the parking agreement is made with. Commissioner Kryzminski asked Mr. Mantzaris if the business were to change the uses of the building would they have to come back to board for another conditional use permit. Mr. Mantzaris explained if they were to change the structure or anything that would be mentioned in the CUP, they would have to return for approval. Commissioner Murry wanted to confirm that Mr. Johnson owned the property across the street and whether that property would be developed. Mr. Johnson stated the parking agreement is with himself and he would use that property for parking. Commissioner Kryzminski asked if the parking lot would be open for public. Mr. Johnson confirmed that it would. A motion was made by Commissioner Colby to approve Ordinance 2020-29R, seconded by Commissioner Gustafson. Vote passed unanimously 6-0, with everyone voting in favor. July 7, 2020 P&Z Meeting Minutes Page - 10 ITEM #6 — Resolution 2020-21 R — South Lake Hospital Expansion CUP — Tabled to August 4, 2020 REQUEST: South Lake Hospital is requesting a new inpatient tower with up to 110 beds and rerouting of the main entrance to Legend's Way at their South Lake Health Campus. ITEM #7 — Resolution 2020-33R — Clermont Oncology CUP REQUEST: The applicant is requesting an amendment to a Conditional Use Permit to re- designate the uses on Parcel I in the Lost Lake Reserve Development to allow office use. The 5.5 +/- acre project is located on the Northwest corner of Steve's Road and Citrus Tower Blvd. Development Services Director, Curt Henschel presented the staff report as follows: The applicant is requesting an amendment to a Conditional Use Permit (2014-24) to re -designate allowable uses for Parcel I within the Lost Lake Reserve Development. Parcel I is located at the northwest corner of Steve's Road and Citrus Tower Boulevard. The Developer would like to re- designate Parcel I from worship use to office use. Specifically, the applicant is requesting up to 40,000 square feet of office use for medical services on the 5.5+/- acre parcel. The project, as proposed on the Conditional Use Site Plan prepared by Interplan LLC, shows two single -story medical office buildings at approximately 18,000 square feet each with associated parking and landscaping. The total square footage for the project will be limited up to 40,000 square feet for the site, which is approximately a floor area ratio of 0.17 and under the maximum of 0.25 for office, commercial, and institutional uses as outlined in Policy 1.7.2 of the City's Comprehensive Plan for the Lost Lake Reserve DRI. The applicant has not requested any variances in the construction of this project and has increased the landscape buffer between the buildings and the existing residential to the west. The proposed buffer will be forty (40) feet wide instead of the minimum ten (10) feet wide as required in Section 118-37. All other landscape buffers will meet code. The Conditional Use Site plan shows two (2) ingress/egress points, one on Citrus Tower and the other on Steve's Road. A tier 2 traffic impact analysis is being conducted and any deficiencies noted will be the responsibility of the developer to construct and improve prior to site plan approval. Initial trip generations in the Transportation Impact Study Methodology indicate 122 two-way P.M. peak hour traffic volume. The current level of service at Citrus Tower and Steve's Road is a level "D", which meets the adopted level of service. Staff has reviewed the application as submitted and finds the proposed use on Parcel I will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. The proposed use is in conformance with the City's Comprehensive Plan and Future Land Use District Designation. The proposed use is compatible with the surrounding development as to type and size of buildings and height, which would be no different than the Institutional use currently designated. The building placement, building height, setbacks, and landscaping have been taken into account to minimize potential impacts in the site July 7, 2020 P&Z Meeting Minutes Page - 11 planning. Staff recommends approval of the Conditional Use Permit Amendment with the conditions contained in Resolution No. 2020-33R. Vice Chairman Entsuah turned it over to the Applicant/Representative to present their request. Cecilia Bonifay, attorney of the Akerman Law Firm, 420 S Orange Ave #1200, Orlando, FL, representing Dr. Gupta, applicant, on this project and to answer any questions pertaining to the project. Ms. Bonifay stated that they are asking for an amendment of the original CUP of the DRI and would provide a 40 ft. buffer adjacent to the residential community. Ms. Bonifay reached out the HOA's and addressed their questions and issues such as moving the dumpster enclosure and landscape buffers. She stated it would be an 8 a.m. to 5 p.m. practice, which would have less traffic then a medical clinic. They have moved forward with the Tier 2 traffic stuff with the city's consultant. Dr. Gupta, applicant, explained the project would be a state of the art cancer center used by Florida Cancer Specialist. He stated the facilities would also include many types of image modalities for diagnosis and treatment. Vice Chairman Entsuah opened the floor to the public. Dani Page, Tuscany Ridge Subdivision, showed a photo of the sidewalk of Steve's Rd and the proposed entry way for the project and stated she has concern for the children that walk to the nearby schools across Citrus Tower Blvd. Ms. Page demonstrated crossing that path and believes it would be dangerous for cars getting in and out of the facility. She does not believe that the property is desirable in the location and the office should stay in the original location. Jose Camps, 2530 Citrus Tower Blvd, Clermont, FL asked the developers specifics of the building that would contribute back to the city such as power consumption methods. Mr. Camps stated he wants the board to consider what the developers are giving back to the community and require more resources. Charlene Harrison Forth, 939 West Desoto St., Clermont, FL, stated every property does not need to be developed and that a medical office is not needed in that location. Ms. Forth mentioned the traffic study was done two years ago and doesn't believe much has changed to support that the location can support that traffic. Jerry Shore, Citrus Tower Boulevard, Clermont, FL stated she understands that development needs to happen but Citrus Tower Blvd is becoming a dangerous intersection with drivers going beyond the speed limit. Marion Ringwood, 1801 Nature Cove Ln, Clermont, FL, represents the HOA and stated this would be the best case scenario for the property. The two issues that the surrounding neighborhoods had were landscape barriers, drainage, and dumpster enclosure and the applicant addressed each issue and the HOA board is very happy with the responses and believe the Medical Offices would be a good neighbor. Ms. Ringwood suggested a flashing school signal would be beneficial on Citrus Tower Blvd. to protect students and pedestrians. July 7, 2020 P&Z Meeting Minutes Page - 12 Tom Kovatch, Fifty West Project, spoke on the risk and investment into the community as a developer and wanted to express that developers want to help out the community and believed that this type of facility is what is needed in the city. Levonte Rogers, 667 W. Osceola St., Clermont, FL, who is also a teacher expressed his concern for students walking to and from school on Citrus Tower Blvd. Mr. Rogers stated his concern because the applicant already has an office and this development would not create a safe space for a student to get to school. Vice Chairman Entsuah turned it over to the Applicant/Representative to present their request. Cecelia Bonifay stated she worked on the original DRI and indicated that only 2 parcels are left and that this development has not been rushed because this parcel has been waiting to get developed since 2002. She also stated the previously proposed charter school in this location would have brought 7 times the amount of traffic compared to the proposed medical offices. Ms. Bonifay stated she agrees working with the schools to address the traffic crossing for students but does not agree with eliminating any access points that was suggested from the public. Vice Chairman Entsuah brought it back to the Board for discussion. Commissioner Murry discussed the land use change and the original use of the land was commercial but then was changed to residential to bring in neighborhoods and has no problem with a commercial business coming in. Commissioner Murry stated some concerns on the access points for students but there is already existing entry ways already on Steve's Road and maybe moving it away from the corner would help alleviate the problem. Commissioner Colby stated his support thinking it would be a good investment into the community. Commissioner Gustafson asked Ms. Page to further explain the concern on the corner of Steve's Road and the current situation for students to walk to the schools and how the building would change the route to school. Ms. Page stated it would not change the route but would take away the sidewalk with an entrance/exit access point. Commissioner McAllister stated this proposed project is in the right location and would approve the project. Commissioner Kryzminski stated he likes the project and how the applicant has worked with the HOA. He expressed his concern for the students but doesn't believe any development would decrease traffic and would hope that the council will find a solution for the cross walk. Commissioner Entsuah stated his concern for the project because of the current traffic on Citrus Tower Blvd. Commissioner asked Dr. Gupta if they have an existing office and why two buildings. Dr. Gupta explained they are out growing their current location and the goal is to create an oncology campus that the second building would be able to provide other services related to cancer patients such as prosthetics and hair replacement. Commissioner Kryzminski asked Dr. Gupta if any research would be done in the facilities, Dr. Gupta confirmed there would be clinical trials being done in the location. Dr. Gupta also added that the difference between July 7, 2020 P&Z Meeting Minutes Page - 13 their oncology office and other medical offices is that their traffic flow will be a lot lower because often a single patient can be there all day getting their treatment. Dr. Gupta also wanted to address the cross walk for pedestrians and asked the engineer to present a schematic. Christopher Blurton 604 Courtland St., Orlando, FL presented a preliminary sketch to provide safety for the students that will be walking to school by giving the driver a 60 ft. access to provide visibility and add pavers on the crosswalk so that it would make drivers more cognoscente when exiting the facility. Commissioner Kryztninski stated these preliminary plans and ideas need to become more concrete for him to become more comfortable with the safety of the children and will attend the council meeting to voice his concern. Mr. Mantzaris suggested they make a recommendation to the council to make it a point to find an alternative and plan of action for the crosswalk on Steve's Road. A motion was made by Commissioner Gustafson to approve Resolution 2020-33R with the recommendation to find a solution to the driveway safety on Steve's Road, seconded by Commissioner Colby. Vote passed unanimously 6-0, with everyone voting in favor. ITEM #8 - Ordinance 2020-25 — Medical Marijuana Dispensary REQUEST: Consider ordinance to allow Medical Marijuana Dispensaries as a permitted use in designated zoning districts. Senior Planner McGruder presented the staff report as follows: This is a staff initiated Ordinance to amend the Clermont Code of Ordinances, Chapter 18, Businesses" of the City Code, Article III. "Medical Marijuana Dispensaries and Cannabis Farms": In November 2016, the Florida voters approved Amendment 2, a constitutional amendment that legalized the cultivation and distribution of marijuana within the State of Florida for specified medical purposes. The State Legislature adopted Senate Bill 8A, which was signed into law by Governor Rick Scott, this Bill authorized local cities and counties the ability to prohibit the operation of medical marijuana dispensaries and cannabis farms within their jurisdictional limits and boundaries. The Clermont City Council on September 26, 2017, approved and adopted (Ordinance No. 2017- 32), which prohibited the operation of medical marijuana dispensaries and cannabis farms in Clermont. At that time, the Council deemed it necessary and in the best interest of the citizens and community to prohibit this use. The proposed code amendment would allow medical marijuana dispensaries as a permitted use in designated zoning districts that include C-1 Light Commercial, C-2 General Commercial and M-1 Industrial and certain Planned Unit Development (PUD) developments with a commercial or industrial component. Medical Marijuana Dispensaries also known as Medical Marijuana Treatment Centers are approved and regulated by the Florida Department of Health and must comply with certain laws and criteria that are similar to the operation of a Pharmacy. July 7, 2020 P&Z Meeting Minutes Page - 14 Staff recommends approval of Ordinance No. 2020-25. Vice Chairman Entsuah asked if this was staff initiated and there was no applicant looking to open a Medical Marijuana Dispensary. Mr. Mantzaris confirmed that this was staff initiated and purpose would to change the Land Development Code. Vice Chairman Entsuah opened the floor to the public. Jose Camps, 2530 Citrus Tower Blvd, Clermont, FL, stated as long as it wouldn't affect the surrounding community and operated in the appropriate uses this could be a good addition for the city because of its medicinal uses. Mr. Mantzaris explained the residents currently do have access to receive medical marijuana but this is LDC is to bring dispensaries within the city. Mr. Henschel received an email of a resident that needs to use medicinal marijuana and needs to travel to Orlando for medication. Charlene Harrison Forth, 939 West Desoto St., Clermont, FL, stated she discussed the medicinal use of marijuana with her doctors and they have expressed that it has done wonders for their patients and it addresses the opioid problem. She addressed this is nothing to be afraid of and can not only help patients with diseases but also veterans with PTSD. Ms. Forth asked if this can be brought into the CBD because it may cause problems, Mr. Henschel confirmed that it can be in any commercial zoning including parts of the CBD. Vice Chairman Entsuah turned it back over to the Board. Commissioner Kryzminski stated he would approve this change if people would want to have a more holistic approach and would have access without having to travel too far. Commissioner McAllister approves this code change because it will address the opioid problem. Commissioner Murry, Gulf War Veteran, is in full support because it has helped many veterans with pain and PTSD as well as address the rising problem and addiction to opioids. A motion was made by Commissioner McAllister to approve Ordinance 2020-25, seconded by Commissioner Gustafson. Vote passed unanimously 6-0, with everyone voting in favor. ITEM #9 - Ordinance 2020-28 — School Concurrency Amendment REQUEST: Consider ordinance to amend Clermont Code of Ordinance, Chapter 90 Concurrency Management, and Section 90-31 School Concurrency. Senior Planner McGruder presented the staff report as follows: This is a staff initiated Ordinance to amend the Clermont Code of Ordinances, Chapter 90 Concurrency Management, Article III, Section 90-31. School Concurrency, The City of Clermont's Comprehensive Plan goals, objectives and policies for the Public School Facilities Element implemented an inter -local agreement between Lake County, Lake County Public School Board and Municipalities for School Facilities Planning and Siting. The agreement requires all final development orders with any residential uses to the extent that generate student July 7, 2020 P&Z Meeting Minutes Page - 15 seats for school capacity; must comply with concurrency management requirements to ensure the capacity of schools are sufficient to support student growth at the adopted level of service for each year of the long range planning period. Staff has amended this section of the code to provide clarification of when school concurrency shall be deemed vested with any residential project in the City. A capacity reservation shall be required before formal approval of the subdivision plat and/or before final site plans; or before approval for any other development orders with a residential use and not considered exempt from the requirements of school concurrency. This amendment is consistent with the requirements of Lake County Government, Lake County Public School Board and other surrounding jurisdictions. Staff recommends approval of Ordinance No. 2020-28. Vice Chairman Entsuah opened the floor to the public. No one from the public commented. Vice Chairman Entsuah brought it back to the Board for discussion. A motion was made by Commissioner Krzyminski to approve as presented Ordinance 2020-22, seconded by Commissioner Colby. Vote passed unanimously 6-0, with everyone voting in favor. July 7, 2020 P&Z Meeting Minutes Page - 16 City of Clermont Minutes Planning & Zoning Commission July 7, 2020 With no further comments, Vice Chairman Entsuah adjourned the meeting at 9:45 P.M. ATTEST: Zruse. Planning Manager July 7, 2020 P&Z Meeting Minutes Page - 17