08-06-2019 P&Z Minutes (Draft)City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
August 6, 2019
The meeting of the Planning & Zoning Commission was called to order on Tuesday, August 6, 2019 at
6:30 p.m. by Chairman Smith. Members present were: David Colby, Tony Hubbard, Herb Smith, Max
Krzyminski, Tim Murry and Ebo Entsuah. Absent was Julie Santos. Also present for City staff was John
Morgeson, Jr., Esq., Partner with the law firm of DSK Law appearing on behalf of City attorney Dan
Mantzaris, Development Services Director Curt Henschel, Planning Manager John Kruse, Senior Planner
Regina McGruder and acting recording secretary, Rosalee Cohen.
REPORTS FROM THE CITY: Development Services Director, Henschel introduced Tim Murry as a new
member of the Board and asked him to speak a bit about himself.
Mr. Murry gave a brief overview of his background and experience, stating that he was born and raised
in Clermont, retired from the Air Force and moved back to Clermont. He holds a Bachelor's Degree in
Management and a Master's Degree in Business Administration and has worked for the Post Office for
the past 20 years as an Administrator of Addressing and Growth Management. He previously served on
the Code Enforcement Board and is happy to be a part of the Planning & Zoning Commission and looking
forward to getting involved with and giving back to the City.
Attorney Morgeson advised that the election of a Chair and Vice Chair are listed on the Agenda. This
election will be for the remainder of the Commission term. The organizational meeting takes place at
the end of December, 2019 for the election of a Chair and Vice Chair term for 2020.
Chairperson Smith entertained a motion to elect a Chair. Commissioner Hubbard nominated Mr. Smith.
Seconded by Commissioner Colby. Vote was unanimous 6-0 to elect Herb Smith as Chair.
Chairman Smith entertained a motion to elect a Vice Chair. Commissioner Hubbard made a motion,
seconded by Commissioner Entsuah to elect Mr. David Colby. Vote was unanimous 6-0 to elect David
Colby as Vice Chair.
City Attorney Morgeson noted that there are no minutes in the packet. Chairman Smith advised that
the minutes were postponed until the next meeting in September.
Commissioner Entsuah mentioned that starting on Thursday, the City will be starting a new themed
event called "Alive After 5" in an effort to infuse new life and interest into the Downtown area and
invited everyone to come out and lend their support. He asked everyone to keep the Goodgame family
in their prayers in light of Councilman Ray Goodgame's recent passing.
Commissioner Murry echoed Commissioner Entsuah's remarks as it relates to the Goodgame family and
asked that everyone keep them in their prayers. He stated that he has had good interaction with him
over the years while he served on the City Council.
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NEW BUSINESS
ITEM #1- ORDINANCE 2019-28 — Vacation Rental License Regulations.
Development Services Director Henschel stated that Item 1 has been tabled to September 3, 2019.
Commissioner Colby made a motion to table ITEM #1- ORDINANCE 2019-28 to September 3, 2019.
Commissioner Krzyminski seconded the motion, all voting in favor. Vote passed 6-0.
ITEM #2 — Resolution No. 2019-19R — Action Gator Tire Conditional Use Permit
REQUEST: The Applicant has requested a Conditional Use Permit to allow a tire store with eight service
bays for vacant parcel located on the north side of Hammock Ridge Road and US Highway 27.
Applicant: RRB Partners
Senior Planner, Regina McGruder, presented the staff report.
The Applicant is requesting a Conditional Use Permit (CUP) to allow a tire store with eight service bays in
a PUD zoning district. The vacant parcel is located in the northeast corner of US Highway 27 on the
north side of Hammock Ridge Road. The property is part of the Tuscany Village PUD, Resolution No.
1532. The PUD allows C1 light commercial permitted uses. The land use designation is commercial. The
Land Development Code Section 122204 requires a Conditional Use Permit for any automotive service
business in the C1 Zoning District. The applicant is proposing a 6,800 square feet tire store with eight
service bays. The project will provide an access point on Hammock Ridge Road. The applicant has also
identified one variance to allow for a parking deficit of eight spaces instead of the thirty eight spaces
required by the Land Development Code Section 9814. The variance request will be presented
concurrently with the conditional use permit to the City Council. The proposed development design will
not have any bay doors facing Highway 27. When evaluating a request for a conditional use permit, the
Land Development Code, Section 86144 requires specific development standards be met for granting
the request.
Staff has reviewed the application as submitted in accordance with the development standards and
finds that the proposed use does meet the general criteria for granting a conditional use permit. The
proposed use would not be detrimental to the health, safety and welfare of the surrounding community.
Staff recommends approval of the conditional use permit with the conditions contained in Resolution
2019-19 R.
David Goree, 8360 Summmerdale Lane, Tallahassee, FL, Civil Engineer for the project appeared on
behalf of the applicant. Mr. Goree stated that he has handled the permitting and development of many
other Action Gator stores in the area and has worked on projects in the City. He has met with staff
regarding buffers and landscaping, etc. on this project and has worked to moved things along smoothly.
He explained that the major thing which makes this project a food fit for the location is the fact that
there is a substantial hill on the backside of the property which would make a great buffer for any
potential noise that would come out of the bays. He has met with the Church next to the property and
they were receptive to the project and thinks it's will be a good development for the site. There are
plans to add enough landscaping and architectural features to meet the requirements of the City's code
and to make the property attractive. He's available to answer any questions.
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Commissioner Murry stated that based on his observation of the site, he is concerned about the buffer
on the backside of the property and asked for clarification of the proximity of the project to the
apartments next door. Mr. Goree explained that there is adequate space between the site and the
apartments and the applicant will be required to meet landscaping requirements on the sides as well
and the hours of operation are very favorable in proximity to residential use. The business will close at
6:00 P.M., will not open too early and he has seen similar locations in downtown uses next to
apartments which has worked out well because of the hours. Commissioner Murry stated that he's
concerned because most residents of those apartments work different shifts throughout the day and
will need to sleep without disturbance.
Development Services Director, Henschel interjected that there is a vacant parcel between the proposed
location and the apartments so they will not be right next to each other.
Commissioner Entsuah asked if there will be tires stored outside in view. Mr. Goree explained that tires
are ordered from local warehouses and not stored on site due to more demand for higher end tires.
There will be a trash enclosure which is completely opaque for storing any old tires so new or old tires
will not be visible at the site. This lower volume model has worked really well.
Commissioner Colby asked how many days per week are proposed to operate. Mr. Goree responded six
or seven with some uncertainty.
Robert Blackerby, 10138 Grand Canal Drive, Windermere, FL, one of the owners of the project, clarified
that the store will be opened six days a week on a full day schedule and half day on Sunday, to close
around lunchtime.
Commissioner Entsuah asked for clarification on how the bays will be situated. Mr. Blackerby stated
that the bays will not face Highway 27 or Hammock Ridge Road, but rather will face the dirt. The
outside of the building will have Bahama shutters, stonework and other features to make it attractive.
Commissioner Murry asked about the parking. Mr. Goree stated the parking will be behind the building.
Commissioner Murry confirmed that there will be 30 parking spaces. Mr. Blackerby confirmed yes.
Commissioner Murry asked if they planned to close the Action Gator store currently located on Highway
50. Mr. Blackerby responded that they have nothing to do with that store, but that store has signed an
agreement with them to move all their operations to this new location once opened.
Commissioner Hubbard asked if they plan to offer any other services other than tire. Mr. Blackerby
stated that minor mechanic work will be done, oil changes, brakes, adjustments, etc. but just minor
work similar to Firestone. The project is owned by a local family in the Orlando area for more than 35
years and they've just decided to expand to upgrade their image and change the way the stores look in
an effort to compete with Goodyear and Firestone.
Commissioner Entsuah asked for confirmation that the store on Highway 50 will close and asked what
will happen to that property once the store closes. Mr. Blackerby stated they are not connected to that
store and doesn't know what will happen after it's closed.
Commissioner Murry stated that the Highway 50 store will close and all operations will move to the new
store. Mr. Blackerby confirmed yes.
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Commissioner Krzyminski asked if there will be any vehicles parked on the property overnight. Mr.
Blackerby explained that tires will be ordered and delivered daily but there may be occasions when a
delivery does not arrive the same day so vehicles could potentially be left at the location overnight. Mr.
Blackerby stated
Mr. Goree explained that he was involved with the Christian Brothers Automotive store and what
typically happens is that they do not want the liability of leaving cars in the parking lot overnight so if
vehicles are left there, they will be pulled into the bays.
Commissioner Krzyminski asked if there will be a subterranean bay for oil changes. Mr. Blackerby stated
due to environmental issues, the cars will be lifted.
Commissioner Smith stated that it's a shame to see the Action Gator store on Highway 50 close as they
were one of the first tire stores to open in the City. Mr. Blackerby stated that the City exploded in
growth and most of the development went the other way due to demographics. This project is owned
by a small company and they need visibility in order to compete with the bigger stores.
Commissioner Murry asked if the City has approved another tire store right across the street on Highway
27 from this location. Development Services Director, Henschel confirmed no, that an application was
submitted, but was not approved.
Chairperson Smith opened up the floor to the audience. There was no one in the audience to speak.
Chairperson Smith closed the public portion of the hearing and returned it to the Board.
Commissioner Hubbard asked why staff would make a recommendation to approve this project since a
recommendation for denial was made on the other application as just discussed. Development Services
Director Henschel explained that the criteria for the project in that application was that it would front
on Highway 27. Generally the City looks to see if a business is fronting on Highway 27 or Highway 50
and this project is not. Because geographically this site has a hill behind it, it's a perfect location for this
type of business to act as a buffer to absorb the sound away from the residential area. The application
which was denied backed up to a residential area by a lake and the lake would carry the sound towards
the residences.
Commissioner Entsuah responded that the residents of that subdivision were up in arms about that
project. Development Services Director Henschel responded that this project went through the same
notification process and there was no negative feedback or complaints. He further pointed out as an FYI
for Commissioner Murry that staff does notify the P&Z Board about variances but the Board does not
vote on that.
A motion was made by Commissioner Krzyminski to approve Resolution 2019-19R, seconded by
Commissioner Colby. Motion was approved 5 to 1, with Commissioner Hubbard voting no.
ITEM #3 — Ordinance No. 2019-29 - Hartwood Properties Comprehensive Plan Amendment.
REQUEST: The Applicant has requested an amendment to the future land use map.
Applicant: Hartwood Properties CPA
Planning Manager, Kruse presented the staff report.
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The applicant is requesting the City to designate the property with a future land use category of master
planned development. The subject site is approximately 80 acres in size, situated a quarter mile south
of Hartwood Marsh Road east of Highway 27. A portion of the property has been historically used for
agricultural purposes. The current future land use designation is Lake County regional office which
provides a variety of office uses and limited commercial uses which support office uses. The applicant is
requesting master planned development. In addition, the applicant has requested a rezoning to a
planned unit development with up to 600 multifamily dwelling units and up to 120,500 square feet of
commercial uses. The PUD will be considered by the Planning & Zoning Commission at a later date but
prior to the adoption phase of the Comprehensive Plan Amendment to ensure that the project is capped
at the proposed development intensity. Since the project is located within the City's Joint Planning Area
("JPA") and interlocal service boundary agreement, the City can provide adequate public facilities and
services and the proposed master planned development land use is similar to the existing regional
office, it is logical to support this future land use amendment. The project incorporates residential,
commercial retail and office uses. With this mix of uses, the most appropriate future land use category
is the City's Master Planned Development designation. Therefore staff supports the Applicant's request
for a change to Master Planned Development.
Chris Dougherty with SM&E, 1615 Edgewater Drive, Orlando, FL spoke on behalf of the Applicant. He
stated that he appreciated the Staff's willingness to help them through the process and agrees with
staff's recommendation and is available to answer any questions.
Commissioner Entsuah pointed out that the Council had previously denied the final adoption for future
land use and asked if the applicant has made some changes and have now come back.
Mr. Dougherty explained that that the Wellness Way Sector plan was being developed and the Council
decided that was not the right time to adopt a future land use category for this property. Council also
advised the applicant to hold off and see what the results of the plan would like and that occurred and
so the applicant has come back.
Commissioner Entsuah posed the question to staff to clarify Lake County Regional Office designation, as
he's not familiar with the definition. Planning Manager Kruse explained that it's a designation that sets
forth very large office parks, with supporting commercial, and it encompasses commercial and office
components and the master planned community provides the flexibility to ask for those components as
well.
Commissioner Murry stated that he's concerned that there is a small pond behind the property and
asked if the pond is included in this piece of property.
Planning Manager Kruse explained that when the Applicant comes in for the rezoning, they will produce
a site plan which will show that this pond is there and the applicant will not intrude upon or fill in that
pond, as that is a requirement of the City's Code.
Commissioner Krzyminski posed the question for staff regarding planting or replanting of trees once
they've been cut down. Planning Manager Kruse stated that it appears the majority of the trees are in
rows and look like planted pines, therefore they would not be required to replant any trees other than
hardwood species that fall on the City's tree list and consideration would be provided for that in the
PUD.
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Chairperson Smith opened up the floor to the audience. There was no one in the audience to speak.
Chairperson Smith closed the public portion of the hearing and returned it to the Board. Commissioner
Hubbard made a motion to approve Ordinance 2019-29, seconded by Commissioner Colby. All voted in
favor. Motion passed 6-0.
ITEM #4 — Ordinance No. 2019-32 - Bradshaw North Comprehensive Plan Amendment
REQUEST: The Applicant has requested an amendment to the future land use map.
Applicant: Bradshaw North
Planning Manager, Kruse presented the staff report.
The applicant is requesting the City to designate the property with a future land use category of
commercial. The subject site is approximately 16 acres located northeast of the intersection of US
Highway 27 and Schofield Road. This request is being heard concurrently with a request for annexation
and rezoning to C2 General Commercial. The property is located within the interlocal service boundary
agreement and the Joint Planning Area ("JPA"). A portion of the property has been historically used for
agricultural purposes. The current future land use designation in unincorporated Lake County is
Wellness Way Area Plan 1. The Comprehensive Plan Amendment in the City, if approved, would be
commercial. The Applicant desires to develop the property for commercial uses which include up to a
140-room hotel with up to 32,000 unit square foot commercial uses. The City's commercial future land
use allows up to 0.25 Floor Area Ratio and up to 12 units per acre. This is compatible with what is
permissible under Wellness Way 1 in Lake County. Staff is able to support the request for the
Comprehensive Plan and change since subject property meets the requirements for voluntary
annexation and the City is capable of serving the property and it's not in conflict with the City's
comprehensive plan. The property can be developed in a similar fashion under Lake County's Wellness
Way Area Plan 1. Therefore, staff recommends approval of the large scale comprehensive plan
amendment to change the future land use from Lake County Wellness Way Area Plan 1 to the City's
commercial.
Chris Dougherty with SM&E, 1615 Edgewater Drive, Orlando, FL spoke on behalf of the Applicant. He
stated that he appreciated the Staff's willingness to help them through the process and concurs with
staff's recommendation and is available to answer any questions.
Chairperson Smith opened up the floor to the audience. There was no one in the audience to speak.
Chairperson Smith closed the public portion of the hearing and returned it to the Board.
Commissioner Hubbard stated that he liked what is being proposed for the zoning and asked why not do
a reverse frontage and keep all the access points off of Highway 27.
Mr. Dougherty stated that is being done to preserve the access points on Highway 27. The conceptual
plan shows those access points, but it's also possible that FDOT may decide not to give that many
driveways because we don't meet the separation requirements. We believe that we meet those
requirements but that will depend on when we get into permitting and start asking for driveways.
There's certainly a possibility, but with the Master Plan Development behind us we're not entirely sure
what the fate of North Bradshaw Road is going to be.
August 6, 2019 PZ Meeting Minutes Page - 6
Commissioner Murry asked if the property has to be for commercial use.
Planning Manager Kruse confirmed yes, the future land use would be commercial especially since it's
located on the arterial roadway of US Highway 27.
Commissioner Smith asked how wide is the property.
Mr. Doughtery stated this is interesting, that some studies were done on properties North along US
Highway 27, and this is almost identical to some of the commercial pieces just north of Hartwood Marsh
Road on the west side. It looks really narrow because it's zoomed out but it meets commercial
dimensional standards. He stated he doesn't know the exact dimension.
Commissioner Hubbard made a motion to approve Ordinance No. 2019-32, seconded by Commissioner
Colby. All voted in favor. Motion passed 6-0.
Meeting was adjourned at 7:07 P.M.
Herb Smith, Chairperson
ATTEST:
John E. Kruse, Planning Manager
August 6, 2019 PZ Meeting Minutes Page - 7