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01-03-2018 P & Z Minutes (Corrected) (Draft)City of Clermont MINUTES PLANNING AND ZONING COMMISSION January 3, 2018 Page 1 The meeting of the Planning & Zoning Commission was called to order Wednesday, January 3rd, 2018 at 6:30 p.m. by Vice Chairman Cuqui Whitehead. Other members present were Herb Smith, Carol Thayer, David Colby, Julie Santos, and Tony Hubbard. Shannon Schmidt, Acting Development Service Director, John Kruse, Senior Planner, Regina McGruder, Senior Planner, Dan Mantzaris, Legal Counsel for the City, were also in attendance. Dan Mantzaris would like the commission to make nominations for Chairman and Vice Chairman since the Chairman position is vacant. Ms. Cuqui Whitehead was nominated for Chairman. The commission voted unanimously in favor of Ms. Cuqui Whitehead as Chairman. Mr. Herb Smith was nominated for Vice Chairman. The commission voted unanimously in favor of Mr. Herb Smith as Vice Chairman. Commissioner Whitehead moved to approve the minutes of the December 5, 2017 meeting as revised; seconded by Commissioner Hubbard. The revision included Mr. Smith in attendance and Mr. Martin and Ms. Proli as absent. REPORTS: Commissioner Whitehead thanked all new members that are joining the committee. Commissioner Colby asked for clarification on the memorandum from Mr. Mantzaris regarding the Planning and Zoning meetings and not being able to discuss what occurs outside of the meeting. Mr. Mantzaris explained the process and the Sunshine Laws. Shannon Schmidt, Economic Development Director and Acting Development Services Director, welcomed Julie Santos and David Colby to the Board. Jack Martin has resigned from this position. The City Council will be making a re -appointment for the vacant position during the Council Meeting taking place on January 9, 2018. Ms. Schmidt shared that at the upcoming Council Workshop taking place on January 16, 2018, Robert Chandler with Lake County will be providing an update regarding the Wellness Way Area Plan. The CEMEX Settlement has been approved by the Lake County Commissioners as of December 26, 2017. Lastly, on January 25, 2018 at 8 am in the Clermont City Center, the State of The City Meeting will be presented by the City Manager. REQUEST: Agenda Item #1: To consider update on three sections of the Land Development Code, which includes, updates to Chapter 122 Zoning, Chapter 86 Administration, Article IV Variances; and Chapter 34 Environment, Article II Noise. APPLICANT: City of Clermont Senior Planner, John Kruse, presented the staff report as follows: This request is staff initiated to update three sections of the Land Development Code. The proposal includes updates to Chapter 122 Zoning, Chapter 86 Administration, Article IV Variances; and Chapter 34 Environment, Article II Noise. The staff initiated amendment to Chapter 122 Zoning has been driven by the Downtown Master Plan and the desire to accomplish important goals identified in the plan. In order to develop at a higher density and to work within the existing site -specific characteristics, several inquiries have been made to rezone property to a Planned Unit Development (PUD). Staff has noted that many of the parcels downtown are less than one acre in size, and therefore are not able to rezone to a PUD due to the one acre size requirement. In order to facilitate this process, staff is recommending no minimal acreage requirement in the Downtown Mixed Use Category. The applicant would still come before council for approval of a rezoning to the Planned Unit Development. The change only applies to properties in the Downtown Mixed Use Future Land Use Category. The staff initiated amendment to Chapter 86 Administration, Article IV Variances reorganizes some of the layout of the chapter while also updating the review criteria in Section 86-174. The existing review criteria includes eight criteria an applicant and staff must address. Customers and stakeholders have shared this particular process is often onerous, dated in nature compared to peer cities and confusing. On many occasions, staff is unable to support a variance request due to one negative response of the eight criteria. In unique circumstances, staff believes that a variance could be granted that would continue to protect the public safety and welfare of the city and not conflict with the city's comprehensive plan. Staff benchmarked the current review criteria against peer cities, cities the City of Clermont often competes for in adding employment and economic activation. In addition, staff benchmarked language as to provide residents with clear process and reducing confusion delivering upon the city's mission to provide exceptional services. The revision will reduce the existing eight criteria to five criteria and provide for a more customer friendly experience with understandable language and format for the applicant, staff and City Council collectively. In addition, it provides staff the opportunity to review variances objectively with context to the public safety and welfare of the city and comprehensive plan. The staff initiated amendment to Chapter 34 Environment, Article II Noise, Section 34-35 Prohibited Acts and Section 34-38 Exceptions is mainly due to clarify when construction activities can occur. Currently, there is a conflict in the code that in one section, 34-35, that specifically mentions days and times of construction activity. The other section, 34-38 (5), only states hours and does not mention days. This has caused confusion since it has been interpreted that every day, even Sunday, construction activity can occur. The removal of this portion of the code is still addressed in Section 34-61 (5) Noises — all unnecessary or unauthorized noises and annoying vibrations, including animal noises. An addition has been added to Section 34-38 to allow the city manager or authorized designee to allow construction equipment and activity outside of the stated timeframe on a case by case basis with performance conditions in place. Staff recommends approval of Ordinance 2018-1, which includes updates to the Land Development Code dealing with no minimum acreage requirement for a PUD in the Downtown Mixed Future Land Use, changes to the review criteria for variances, and clarification of construction activity times and days. Chairman Whitehead asked if this was just to change the ordinance. Mr. Kruse responded by stating that the codes were packaged together in one ordinance. Ms. Schmidt informed the audience of the City's codes ancestry establishments and this was an attempt to update the codes to better serve the customers. Chairman Whitehead opened the floor to the audience for public input. No one commented. Chairman Whitehead closed the public portion of the hearing, and returned it to the Board. Commissioner Smith questioned Chapter 122 Zoning and its density. Ms. Schmidt thoroughly explained the benefits of including 1 acre properties and its density to the PUD. She also explained the introduction of the Community Benefit Agreement, in which a developer has to come into agreement with the City of Clermont prior to their development approval from the city council that they meet certain criteria. Commissioner Hubbard is concerned that there will be an increase of clutter in the downtown area. Ms. Schmidt responded by stating that downtowns thrive when there is an aggregate of people, whether it is people living downtown or working downtown. She proceeded by comparing Clermont to other surrounding cities, and they being 50 units per acre for mixed use. Commissioner Smith agreed with the expansion of the future growth of the City of Clermont's Downtown. He is curious on knowing if there is any intention of possibly expanding City of Clermont's future land use for the Downtown Mixed Use. Ms. Schmidt is examining the idea of expanding the use alongside the CBD along with the Community Redevelopment Area borders. Commissioner Smith gave input on the possibly being space on the east side of the Downtown area to make this expansion possible and brining people downtown. Ms. Schmidt agreed to this statement. Mark Graff, 1944 Brantley Circle, Clermont, FL 34711. Mr. Graff participated in the public process in the development of the Master Plan and stated that Chapter 122 Zoning amendment is a piece of that Master Plan. He stated he spoke against his pocket book, and explained the Winter Park construction and the vast amount of maintenance that goes into those developments that are 40 units per acre. He recommended to the City that they build the best type of quality buildings. He also stated for any City Center to thrive, there must be people living near the center. Chairman Whitehead asked if they could do construction activity on Sunday with the Chapter 34 Environment changes. Ms. Schmidt said that they cannot and would require City Manager approval. Commissioner Smith made the motion for approval seconded by Commissioner Thayer. The vote in favor was unanimous. 6-0 Commissioner Hubbard has a question for Mr. Mantzaris on the upcoming agenda item. Commissioner Hubbard owns the property to the south of the property being considered in agenda item #2. He would like to know if he should voice his concerns and can vote. Mr. Mantzaris stated Mr. Hubbard has a conflict of interest with the vote, but is able to voice his CK63114NOW REQUEST: City of Clermont Item 2: To consider Conditional Use Permit to allow for outdoor sales and storage in the M-1 Industrial zoning district for property located at the Southeast corner of Hooks St. and Highway 27 off ramp. APPLICANT: JHL Landscape Supply / Luis Silva Senior Planner, Regina McGruder, presented the staff report as follows: The applicant, is requesting a conditional use permit to allow outdoor sales and storage of Sod and Landscape Materials in the M-1 Industrial zoning district. The Land Development Code, Section 122-263 (c) requires uses to be enclosed; outdoor storage; all manufacturing and commercial uses must be conducted within a completely enclosed building, except for outdoor storage, which must be completely screened from any public street and adjacent properties. The applicant is requesting to operate a distribution facility for sales and outside storage of Sod and Landscape Materials. The existing building will be used as the office and garage without any major renovations. Concrete bins will be constructed to store landscape materials like mulch and stone. The site shall be developed in substantial accordance with the conceptual plan prepared by McCoy and Associates. Staff has reviewed the application and believes that the proposed use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity and the proposed use will comply with the regulations and conditions specified. Therefore, staff recommends approval of the Conditional Use Permit to allow outdoor sales and storage of Sod and Landscape Materials in the M-1 Industrial zoning district with the conditions contained in Resolution No. 2018-01. Engineer Rick McCoy, McCoy and Associates, had nothing else to add as Ms. McGruder was thorough with the presentation of the item. Chairman Whitehead opened the floor to the audience for public input. No one spoke, Chairman Whitehead closed the public portion of the hearing, and returned it to the Board. Commissioner Hubbard asked if there were any rendering from the ground view. Mr. McCoy said there is none because there will not be much change and there will be a landscape buffer. Commissioner Smith asked if both driveways that are present will be used. Mr. McCoy said yes. Ms. McGruder confirmed that there is a sidewalk on the North side, as various commissioners are concerned of the existence of the sidewalk. Chairman Whitehead asked if there would be a retention pond for the lake. Mr. McCoy answered with a yes. They would have a St. Johns permit and make sure all city requirements are met. Chairman Whitehead recommended a motion. Commissioner Smith moved to approve item 2 seconded by Commissioner Thayer. The vote was 5-0 for approval with Commissioner Hubbard abstaining. REQUEST Item 3: To consider initiation to add a policy to the Commercial Land Use Category in the City's Comprehensive Plan. APPLICANT: Senior Planner, John Kruse, presented the staff report as follows: This request is staff initiated to add a policy to the Commercial Land Use Category in the City's Comprehensive Plan. Recently, the City has processed two residential storage facility requests, the Huber self -storage project and the Citrus Tower self -storage project. Both of the projects have the Industrial Future Land Use category with C-2 General Commercial zoning along with a conditional use permit. Staff believes that the Industrial future land use is not the most appropriate land use for this type of use. Staff believes the residential self -storage use is more compatible within the Commercial Future Land Use and the uses associated within the C-2 General Commercial zoning designation. Unfortunately, the Commercial Future Land Use only allows a floor area ratio (FAR) up to 0.25 (25%). This proposes a challenge with residential self - storage facilities since a majority of the site is buildings with very little required parking. Therefore, the sites are assigned an Industrial Future Land Use, which allows a floor area ratio up to 1.0, to allow the project to be in compliance with the comprehensive plan. The proposed addition of Policy 1.9.5 will allow residential self -storage facilities in the Commercial future land use. This type of use will still require C-2 General Commercial zoning along with a conditional use permit and is only applicable to residential storage facilities. Policy 1.9.5 states: "Residential storage facilities shall be allowed as a conditional use within the commercial land use category and shall be limited to a maximum intensity of 1.0 FAR. This shall not include the storage of manufacturing or commercial products." Staff recommends approval of Ordinance 2018-2. Chairman Whitehead opened the floor to the public. There were no comments, Chairman Whitehead closed the public portion of the hearing, and returned it to the Board. Commissioner Smith asked if the projects had already been passed. Mr. Kruse confirmed Commissioner Smith's question that the Huber Self Storage and Bob Thompson's Citrus Tower Storage Facility were passed, the City decided to add this policy to address issues of future land use. Chairman Whitehead recommended a motion. Commissioner Colby moved to approve agenda item 3. Vote was unanimous. 6-0 There being no further business, the meeting was adjourned at 7:22 p.m.