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07-02-2019 P&Z Minutes (Draft)City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 2, 2019 Page 1 The meeting of the Planning & Zoning Commission was called to order on Tuesday, July 2, 2019 at 6:30 p.m. by Chairwoman Cuqui Whitehead. Members present were: Julie Santos, Tony Hubbard, Herb Smith, Max Krzyminski, and Ebo Entsuah. Absent was David Colby. Also present for City staff was City attorney Dan Mantzaris, Development Services Director Curt Henschel, Planning Manager John Kruse, Senior Planner Regina McGruder and acting recording secretary, Rosalee Cohen. MINUTES of the Planning and Zoning Commission meeting held June 4, 2019 were approved as written in favor by vote of all members. Commissioner Hubbard made the motion and Commissioner Smith seconded. Vote passed 6-0. REPORTS: Commissioner Entsuah stated that the 41" of July is coming up, cautioned everyone to be safe while out celebrating and added that the City will be hosting its Red, White and Boom event. Chairwoman Whitehead stated that on a personal note, this will be her last meeting after ten plus years as she will be resigning from the Board. She wished everyone good luck, and stated that she has enjoyed serving and will be still be around. REPORTS FROM THE CITY: None NEW BUSINESS ITEM #1- ORDINANCE 2019-28 — Vacation Rental License Regulations. Commissioner Entsuah made a motion to table to August 6, 2019. Commissioner Santos seconded the motion, all voting in favor. Vote passed 6-0. ITEM #2 — Ordinance No. 2019-03 — Clonts Groves Comprehensive Plan Amendment REQUEST: The Applicant has requested an amendment to the future land use map. The amendment application is associated with an annexation application and a Developer's Agreement that has been filed with the City. The Applicant is requesting the City to designate the property with a future land use category of Master Planned Development. The subject site is 55 +/- acres, located east of US Highway 27 and Lake Louisa Road near Schofield Road. Applicant: Clonts Groves Page 2 Planning Manager Kruse presented the staff report. Applicant envisions that this project will incorporate multifamily, commercial, retail and office space with frontage along US Highway 27 with an existing median opening providing access along Schofield Road. Property is currently non -active orange grove with signs of citrus greening. Upon approval, the proposed Amendment will 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 September. The Applicant has not applied for a rezoning request and would be assigned a default zoning of urban transition district upon annexation. The current future land use designation is unincorporated Lake County Wellness Area 1. Staff has reviewed the application and supports Applicant's request. Planning Manager Kruse stated that this project is located entirely within the City of Clermont's Utility Service Area and also within the Interlocal Service Boundary Agreement (ISBA) and the Joint Planning Area (JPA) Agreements with Lake County. Since the project is located within the City's JPA and ISBA boundary and the City can provide adequate public facilities and services, it is logical to support this future land use amendment along with the associated annexation request. The project is adjacent to the recently annexed Olympus Sports and Entertainment project which incorporates multifamily, commercial, retail and office uses and has the same master planned development future land use category of planned unit development. Therefore, staff recommends approval of the Applicant's request. Cecelia Bonifay, attorney with the law firm of Akerman LLP, 420 South Orange Avenue, Orlando, FL 32801 spoke on behalf of the Applicant and agrees with staff's report. She stated that this property was originally used as a citrus grove, but declined over the years due to citrus greening. The property is a significant corner, is consistent and compatible and would work really well for the City and stated that she's available to answer any questions. Chairperson Whitehead asked if the plan is to sell the property to a developer and Attorney Bonifay said absolutely and reiterated that the Applicant is not a developer. Chairperson Whitehead asked City Attorney, Mantzaris if legally this would transfer over to a new owner. Attorney Mantzaris confirmed yes, and explained that whatever happens to the property would be an entitlement on the property and would transfer over to any subsequent owners. Attorney Bonifay stated that the new owner would be advised of any restrictions and requirements that affect the property. Chairperson Whitehead opened up the floor to the audience. There was no one in the audience to speak. Chairperson Whitehead closed the public portion of the hearing and returned it to the Board. Page 3 Commissioner Smith asked if they will be able to build up to 600 multi -family houses plus 152,500 square feet of commercial space if they wanted to. Planning Manager Kruse responded yes, that would be the cap. Commissioner Smith asked what if the Applicant decides later on to add more houses on the property? Planning Manager Kruse responded that the City would have to reassess that in terms of set- backs and that's where the PUD would come in, in terms of lot sizes. Commissioner Entsuah asked what was the main reason for the hold; why did the Applicant wait? Attorney Bonifay stated that one may have the greatest vision of what they want now, but it will come down to market realities of what people want to see in the area and what's economically feasible. Things will probably change and the best guess isn't always totally right. The Applicant wanted to be honest when prospecting this property in being able to say this would be the range of maximum entitlements, however, the owner would have to come back to the City with a Planned Unit Development with a specific plan that works for what they want to do. At that time, it may be that there's more demand for commercial than multi -family, or as Olympus evolves, it may be that there are complimentary uses that are not now anticipated. They may want more housing for athletes, etc. We are trying to come up with a framework as to what may work best. Commissioner Smith asked if the property is currently zoned agriculture. Attorney Bonifay confirmed yes. Commissioner Smith asked why the Applicant didn't bring all of the property in at the same time. Attorney Bonifay explained they've been trying to do this for quite some time, but the City was not receptive. There were a lot of steps to getting this done and the property is situated within two different geographic areas so it was best to do it in stages. Chairperson Whitehead entertained a motion for Item 2. Commissioner Hubbard moved to approve; Commissioner Santos seconded. All voted in favor. Motion passed 6-0. ITEM 3 — Ordinance No. 2019-05 — South Lake Crossing LLC Comprehensive Plan Amendment REQUEST: The Applicant is requesting a large-scale comprehensive change on 743 +/- acres located 1.75 miles south of Hartwood Marsh Road and East of US Highway 27. The proposed change will be from Lake County Wellness Way 1 to City of Clermont Planned Unit Development. Applicant: South Lake Crossing LLC Planning Manger Kruse presented the staff report. The Applicant is requesting an amendment to the future land use map and is requesting the City to designate the property with a future land use category of master planned development. The subject site is approximately 743 acres in size. The property is 1.75 miles south of Hartwood Marsh Road, east of US Highway 27, adjacent to the Olympus Sports and Entertainment project and has been historically used for agricultural purposes. The amendment application is associated with an annexation application and a Planned Unit Development rezoning has been filed with the City. Upon approval, the proposed Page 4 Amendment will 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 September. Staff has reviewed the application and supports Applicant's request. Planning Manager Kruse stated that the current future land use designation in unincorporated Lake County is Wellness Way Area Plan 1. The comprehensive plan designation in the City would be Master Planned Development. The residential density employer ratio caps in the Master Planned Development future land designation are consistent with the Wellness Area Plan designations. The Applicant has requested a rezoning to a Planned Unit Development with up to 1,850 dwelling units and up to 800,000 square feet of commercial uses. The PUD will be considered by City Council during the adoption phase of the Comprehensive Plan Amendment to ensure that the project is capped at the proposed development density. The subject property is located entirely within the City of Clermont utility service area and within the ISBA and the Joint Planning Agreement with the Lake County. The Applicant intends to create a Master Planned community that promotes economic development while encouraging a well-balanced development pattern that minimizes environmental impacts. The Applicant's request for a Comprehensive Plan Amendment to Master Planned Development future land use category provides for the long-range designation for the use of the property and is not the detailed development approval. The future land use designation establishes the future character and urban form for the City in this area. Since the project is located within the City's JPA and ISBA boundaries and the City can provide adequate public facilities and services, it is logical to support this future land use amendment along with the associated annexation request. The property is adjacent to the recently annexed Olympus Sports and Entertainment project which is now designated Master Planned Development on the adopted future land use map. 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. Daniel O'keefe, attorney with the law firm of Shutts & Bowen, 300 S. Orange Avenue, Suite 1600, Orlando, FL spoke on behalf of the Applicant. He agreed with staffs presentation and advised that they have a team present with Planners, Engineers and a representative of the owner and are available to answer any questions the Board may have. Chairperson Whitehead opened up the floor to the audience. There was no one in the audience to speak. Chairperson Whitehead closed the public portion of the hearing and returned it to the Board. Commissioner Smith asked if this property is where the blueberry farm is located. Planning Manager Kruse confirmed no. Chairperson Whitehead entertained a motion for Item 3. Commissioner Smith moved to approve; Commissioner Hubbard seconded. All voted in favor. Motion passed 6-0. Page 5 ITEM 4- Resolution No. 2019-18R - Art District LLC Conditional Use Permit REQUEST: The Applicant is requesting a Conditional Use Permit (CUP) to allow a building to occupy more than 3,000 square feet of total floor area in the Central Business District (CBD). Applicant: Art District LLC Planning Manger Kruse presented the staff report. The Applicant is requesting a Conditional Use Permit (CUP) to allow a building to occupy more than 3,000 square feet of total floor area in the Central Business District (CBD). Under Sec. 122-243 of the Land Development Code, the CBD zoning district allows a variety of uses, but buildings over 3,000 square feet require a CUP. The applicant desires to construct a new retail building, approximately 4,800 square feet with uses such as restaurants, retail sales and an art walk. Staff has reviewed the application and recommends approval of the Applicant's request. Planning Manager Kruse stated that the proposed uses are permitted within the CBD zoning district. The proposed location is a vacant piece mid -block between W. Minneola Avenue and W. Montrose Street. The proposed uses are consistent with the area as a whole and would provide the Applicant with an opportunity to redevelop the site. Staff has found no evidence that approval of this CUP would be detrimental to the health, safety or general welfare of persons working or residing in the vicinity and would not adversely affect the City's Comprehensive Plan. He stated that staff has placed a cap of 5,000 square feet on the building since the final engineering of the site may change the requested size slightly. Therefore, staff supports the Applicant's request for a CUP. Alex Stringfellow with Art District, LLC, 2735 Woodside Avenue, Winter Park, FL 32789 spoke on behalf of the Applicant and agrees with staff's recommendation. Mr. Stringfellow stated that this project is a retail business in Downtown that fits in with the City's Master Plan which has been in the works for several years. He believes that it will draw good attention to the Downtown and is excited about the project. He thanked the staff for working with them and advised that he's available to answer any questions. Chairperson Whitehead opened up the floor to the audience. Jim Hanks, owner of Hanks Electric Company, 757 W. Montrose Street, Clermont, FL 34711 stated that he has operated a business since 1974 directly across the street from the proposed location and has served the community well over the period and would like to continue to do so. He expressed concern with the lack of parking Downtown and implored the City to be mindful of this fact. He stated that parking is crucial to his and other businesses in the area and has heard that parking is available on the other side of Minneola Avenue, which is approximately 1,000 feet away but has yet to see anyone using that parking area. He stated that every consideration needs to be made for accessible parking, as parking on Montrose Street is very limited and his primary concern is for the elderly and the handicapped and those who cannot walk the distance. He asked that the Board consider the impact to the existing businesses when making this decision. Page 6 Chris Ballard, owner of Ballard Financial located across the street from the proposed site echoed the same concerns as Mr. Hanks. He stated that the majority of his clients are over 60 years old. Currently there is no parking, customers park by the Suncreek Brewery and try to walk across the parking lot to his location, which proves difficult especially in the heat. He stated that everyone is pushing to develop this site but believes it would be best suited for a parking garage in the future or a parking lot. He stated that businesses are being squeezed out of the area and several businesses have already gone down. He expressed further concern with the need for additional parking in light of the planned opening of the marketplace on the corner of 8t" and Montrose, plus several other small businesses which are coming in as this will also require parking for employees and fears that there will not be ample parking in the area to accommodate this. He stated that it would be nice to have another restaurant, but that is prime real estate for parking. Parking is available early in the morning, but by the time the businesses open up, the parking spaces are all taken. He has witnessed customers parking in the back alley behind his business and walking through the pathways to get to the new Clermont Brewery. He stated that a decision to convert this valuable real estate into a business, which will eliminate parking spaces, will negatively impact business overall and will result in a loss of some of those businesses. Jayson Stringfellow, 1455 W. Lakeshore Drive, Clermont, FL 34711 spoke on behalf of the Applicant and the public. He responded to the concerns expressed and stated that the City would be better able to speak to the parking issue Downtown. He doesn't believe there is an issue with parking but an issue with walking and that there is more than ample parking Downtown right now. He stated that the City has done extensive parking studies and they can comment further on that. This particular parcel is part of the Art District project which was discussed previously, but no one caught the fact that a CUP was required due to the size of the building. The project is public/private, the City owns the walkway and the Applicant owns the building to the right and that is the City's Art Walk. Phase 2 of the project in the Art District is likely one of the only projects Downtown that has its own internal parking. He reiterated that there is a walking problem, and people have gotten accustomed to convenience parking but once people get reoriented to the pockets of parking available, it'll be like any other City, i.e., Winter Park. He stated that this hearing is only about the CUP due to the size of the building and the parking issue is just kind of a rabbit trail. Chairperson Whitehead closed the public portion of the hearing and returned it to the Board. Commissioner Krzyminski commented that the project looks great, but the concern is parking. He asked if the City has another parking area in the vicinity. Planning Manager Kruse responded that the City has a parking area north of the subject location and is looking to make it more efficient in terms of spacing and layout. Commissioner Krzyminski mentioned that it brings to mind the Crooked Can in Winter Garden, which has very limited parking but that they have access to parking across the street and it seems to work out very well. Commissioner Entsuah asked for clarification on the exact site. Planning Manager Kruse verified the exact location. Commissioner Entsuah asked if the area behind will be used for parking and Planning Manager Kruse said based on his understanding, it's not a part of the building but that he doesn't know if it will be used for parking. Page 7 Jayson Stringfellow explained that when the Art District conceptual plan was done originally, this is part of Phase 1 of the Art District Program. The City currently leases one section of the location from the Applicant which is used for parking and that will remain as such until Phase 2. The other part is the City's future Art Walk (pedestrian art walk area), which will remain open for a while but will be developed eventually. Phase 2 will consist mainly of retail space and they will maintain the parking behind it. The project has been redesigned to capture the maximum amount of parking spaces to be maintained so the net loss will be minimal. Commissioner Entsuah questioned the visual of the renderings which appears to be turned backwards. Alex Stringfellow explained that they had to change the location of the Art Walk and that the rendering was done prior to additional negotiations with the City and there's a preference to have the walk on the other side. Commissioner Entsuah asked if the building is now on the left and the walk on the right. Alex Stringfellow clarified that the rendering is correct as is and elaborated on how the design will look. Chairperson Whitehead entertained a motion for Item 3. Commissioner Krzyminski moved to approve; Commissioner Santos seconded. All voted in favor. Motion passed 6-0. ITEM 5 - Resolution No. 2019-16R — Walmart/Avis Rental Conditional Use Permit REQUEST: The Applicant is requesting a Conditional Use Permit (CUP) to allow a vehicle/truck rental business at the existing Walmart Store located at 1450 Johns Lake Road, Clermont. Applicant: Avis Truck Rental Senior Planner, Regina McGruder, presented the staff report. The Applicant, Budget Truck Rental is requesting an amendment to the existing Walmart Conditional Use Permit to allow a self-service automotive/truck rental services business at the Walmart store. The property is located at 1450 Johns Lake Road, Clermont, FL. The zoning is PUD (Planned Unit Development) with permitted uses that includes general retail and grocery sales, a liquor store, a garden center, professional offices, personal services, restaurants, a gas station and a Tire and Lube Express Center. The proposed vehicle rental business will be allowed a maximum of (5) five designated parking spaces for rental vehicles. The rental vehicles may include pick- up trucks, cargo vans and one (1) 12-foot box truck parked on site. All rental services will be conducted via self-service kiosk and smart phone. No rental service representative will be located at the store. The business will not increase the existing square footage of the store. The Applicant indicates that the objective of the self-service rental business is to provide customers and residents the convenience of renting a large vehicle to transport big and bulky items. Staff has reviewed the existing onsite parking and finds the store has sufficient parking to accommodate the requested designated (5) five spaces and still meet the City's Parking Code, Chapter 98. Page 8 Staff has reviewed the application as submitted and finds 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 with the conditions contained in Resolution No. 2019-16R. Steven Odenheimer, 12638 Crown Point Circle, Clermont, FL, Southeast Regional Manager of Budget Truck Rental, spoke on behalf of the Applicant. Mr. Odenheimer stated that Walmart currently operates this type of service in five locations throughout the Orlando area and is currently looking to introduce it in approximately 200 additional locations. It was recently tested in Orlando and was a huge success. Everything is done via a smart phone through Walmart's website, and no personnel is involved in the operation. Customers are very receptive to the idea, the trucks are useful for transporting large TV's, mulch, etc., can be rented short term or longer and have different rates. The service is advertised in- store only in designated locations. Chairperson Whitehead opened up the floor to the audience. There was no one in the audience to speak. Chairperson Whitehead closed the public portion of the meeting and brought it back to the Board. Commissioner Krzyminski asked for clarification on the placement of signage and asked if this CUP is approved, will the Applicant be seeking permission in the future to put up signs. Mr. Odenheimer explained that Walmart designates where the signs are placed and the signs are placed so customers will know where to park the vehicles upon return. Commissioner Smith asked if someone rented a 30 foot truck, could they call to say they plan to return that truck to this location. Mr. Odenheimer confirmed no and explained that this is similar to what Home Depot offers and there will be no more than five trucks, rented on an hourly basis. The hope is that this will be helpful to the community and an additional option at a good rate, which has been tried and proven. Commissioner Krzyminski asked about offering specialty vehicles. Mr. Odenheimer confirmed there will only be five vehicles available for rent as that is the standard business model. Attorney Mantzaris asked if this CUP includes a request for additional signage. Senior Planner McGruder confirmed no, because the signage will be considered directional signage and will be done at another time under a separate Permit as it's not approved with the CUP. Chairperson Whitehead entertained a motion for Item 5. Commissioner Hubbard moved to approve; Commissioner Santos seconded. All voted in favor. Motion passed 6-0. Page 9 ITEM 6 - Resolution No. 2019-17R 901 12th Street Conditional Use Permit REQUEST: The Applicant is requesting an amendment of the Conditional Use Permit (CUP) for Blessed Sacrament Catholic Church to allow an overflow parking lot for property located at 901 12th Street, Clermont. Applicant: Orlando Diocese Senior Planner, Regina McGruder, presented the staff report. The Applicant is requesting a Conditional Use Permit to allow the Blessed Sacrament Catholic Church to construct an overflow parking lot at the vacant parcel located at 901 12th Street, Clermont, FL. The current zoning for the property is M-1 industrial and the entire parcel is approximately 5.73+/- acres. The church parking lot will utilize 1.03 acres of the site. The remaining parcel will be redeveloped at a later date, by someone other than the Applicant. Senior Planner McGruder stated that the church has grown in membership over the years and they would like to construct an overflow parking lot to be utilized by the church to ensure sufficient parking is available for the congregation and visitors. The proposed parking lot will be constructed to meet Clermont Development standards and will have a requirement to provide sufficient landscape buffers for screening of the parked cars from the surrounding properties and public view. There are other similar properties and uses in the City that utilize off site overflow parking to accommodate peak parking demands. There will also be a requirement to obtain a permit for a storm water system that allows for sufficient drainage and runoff for the proposed parking lot and any future development. The site will be developed substantially in accordance with the conceptual plan submitted by McCoy & Associates. Staff has reviewed the application and finds that the proposed use will not adversely affect the intent and purpose of the City's Comprehensive Plan, goals and policies. Therefore, staff recommends approval of the Conditional Use Permit with the conditions contained in Resolution 2019-17R. Scott Ferguson, representative of the Diocese of Orlando, 50 East Robinson Street, Orlando, FL spoke on behalf of the Applicant. Mr. Ferguson stated that he has nothing to add to the Staff's report but is available to answer any questions the Board may have. Chairperson Whitehead opened up the floor to the audience. There was no one in the audience to speak. Chairperson Whitehead closed the public portion of the meeting and brought it back to the Board. Commissioner Smith stated that it's nice to see this parcel finally getting developed as it's been sitting vacant for a very long time. Commissioner Entsuah asked if the church owns the entire parcel. Senior Planner McGruder stated they do not, and that the Applicant is only proposing to use a portion for overflow parking. The parcel is owned by someone else and that owner would seek to develop the remaining portion at a later date. Page 10 Commissioner Entsuah asked if the parking facility would be available for use during the week. Mr. Ferguson stated that it would only be used on weekends for church service. Chairperson Whitehead entertained a motion for Item 6. Commissioner Smith moved to approve; Commissioner Krzyminski seconded. All voted in favor. Motion passed 6-0. Meeting adjourned at 7:37 P.M. Cuqui Whitehead, Chairperson ATTEST: John E. Kruse, Planning Manager