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08-07-2018 P & Z Minutes (Draft)City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 7, 2018 Page 1 The meeting of the Planning & Zoning Commission was called to order on August 7, 2018 at 6:30 p.m.by Chairman Cuqui Whitehead. Commissioners present were Herb Smith, Carol Thayer, David Colby, Julie Santos, Max Krzyminski and Tony Hubbard. Curt Henschel Planning Manager, John Kruse, Senior Planner, Regina McGruder, Senior Planner, Dan Mantzaris, Legal Counsel for the City, were also in attendance. MINUTES of Planning and Zoning Commission meeting held on June 5, 2018 required corrections. Page 4, 6 and 9 required grammatical corrections. Chairman Whitehead entertained motion for minute amendments. Commissioner Krzyminski moves to approve the requested motion; it was seconded by Commissioner Santos. The vote was unanimous for approval. Motion passed 7-0. REPORTS: Commissioner Thayer congratulated the City of Clermont for opening on Victory Pointe. Commissioner Smith congratulated the organizers of the July 4th event. Stated fireworks were great and best ever seen. REQUEST: Item # 5: Lake Felter Grant Presentation APPLICANT: Presentation City Engineer, Terry Dykehouse, presented the staff report as follows: The Florida Department of Environmental Protection provides funds through the Florida Recreational Development Assistance Program's competitive grants for the acquisition or development of outdoor recreational facilities. The program places a priority on projects that include facilities that enhance opportunities for children under the age of 12. There is a 100 percent match to the grant with a maximum grant amount of $ 250,000. No questions, no action needed. REQUEST: Item # 1: Consider Land Development Code changes to the parking requirements. APPLICANT: Parking Code Amendment Acting Development Services Director, Curt Henschel, presented the staff report as follows: The City staff has embarked on a comprehensive, citywide evaluation of parking and the relationship to the quality of life, economic development and environmental sustainability of the community. The city parking code has not been updated since the 1980's. The goals of the study were to: (1) identify parking issues, concerns and needs- both current, and to the extent possible, anticipated future needs; and (2) identify implementation strategies to address the stated issues, concerns and needs. For purposes of accomplishing the task, city staff inventoried and examined 661 acres of commercial parking within the city limits for its use and function. At the same time, a stakeholder group was formed to assist in gaining industry and subject matter insights, along with health equity information. An oversupply of vehicular use areas and parking can impact and shape community health experiences. The stakeholder group included commercial developers, commercial engineers, architects, and healthcare leaders, persons representing individuals with physical disability, Chamber of Commerce, citizens and property owners. City staff also benchmarked the parking current code against neighboring peer -cities of like size and function. Staff is proposing the following changes to the City Parking Code which reduce or modify parking requirements for several land use categories including, most notably, retail, commercial retail centers, warehousing and wholesaling uses. Staff conducted extensive research to arrive at the recommended parking requirements, including a comparison between other cities, discussions with the business community and testing the recommend requirements on existing commercial and industrial properties to gauge their level of impact. Staff also conducted several field surveys of existing commercial and industrial properties to verify actual parking demands. This amendment would provide meaningful regulatory relief to the business community by reducing the number of parking variance requests reviewed by the Planning Commission. The recommended amendment was carefully developed to meet and balance the needs of the business community while ensuring that the changes will not create detrimental parking shortages in the community. Chairman Whitehead opened the floor to the public. There was no one present to speak. Chairman Whitehead immediately closed to public portion of the hearing, and returned it to the Board. Commissioner Thayer is questioning the parking removal in downtown. Curt Henschel states no parking is being removed in downtown. They are taking one section in from the verbiage of the city and using it elsewhere. Chairman Whitehead entertained motion for minute amendments. Commissioner Thayer moves to approve the requested motion; it was seconded by Commissioner Krzyminski. Motion passed 7-0 REQUEST: Item #2: Consider ordinance to the Land Development Regulation to add a Special Overlay District that will regulate commercial uses along arterial roadways. APPLICANT: Special Overlay District LDC Acting Development Services Director, Curt Henschel, presented the staff report as follows: City staff has performed a comprehensive evaluation of the character, context, uses, form and function of the commercial development pattern on East SR50 from US27 to the eastern city limits, and on US27 north and south within the city limits. The development pattern in these areas is of particular importance given the high -visual impact of city residents, visitors and implications for future investment in the city. At the same time, these areas are being studied because of their impact on health equity, active transportation, economic activation and environmental components. Peer cities of the Town of Oakland, City of Winter Garden, City of Ocoee, City of Orlando and Orange County have all recently adopted Overlay Zoning Districts to provide for more uniform and quality development patterns to improve visual character and enhance property values. In accomplishing the study, City staff examined the current and future commercial development patterns, the Overlay Zoning Districts in adjacent towns and cities, pedestrian connectivity, and the visual character, design and context of the commercial land development. All of these elements were also examined as they relate to neighboring residential neighborhoods and the physical and visual impact commercial development patterns in the subject area may have on the physical and visual harmony with those neighborhoods. Staff also engaged property owners, developers, real-estate professionals and citizens in the development of the draft Overlay Zoning District to understand insights, challenges and opportunities, and to plan for more orderly and quality development of the SR50 and US27 Overlay Zoning District area. Staff has designed an East SR 50 and US Hwy 27 Overlay Zoning District to promote a more orderly, quality and cohesive development pattern for this high profile gateway into the City. It is intended to prevent the over -concentration and duplication of uses, such as of motor vehicle sales and leasing uses to avoid a continuous and repetitive pattern of land uses, and to encourage the location of motor vehicle parts, and service land uses be screened from Highway 50 and US27. It is also intended to further define certain uses based on function and visual impact so they are located in areas on the development site that are further separated from the Highway 50 and US27 frontage. Further, the East Highway 50 AND US27 Overlay District encourages subject areas to provide for a mix of uses that provides for all modes of active and motorized transportation for all modes and abilities. The proposed Overlay Zoning District also includes additional site design standards to enhance the physical and visual form and function of development and re -development within the area. Adoption of the proposed Overlay Zoning District would put landowners, developers, and the general public on notice that special opportunities exist for the development and re -development of the area and, concurrently, that special provisions or limitations may be placed on the development of land within the area. It will also identify specific standards to be followed in the development of the area, which standards shall supersede conflicting general standards of this Code and shall be consistent with the Comprehensive Plan, and encourage, but not require, the use of the PUD district to facilitate the achievement of the development objectives of the City outlined in the specific Special Overlay District defined below. The existence of a Special Overlay District on the official zoning map of the City signifies that the following may be applicable to development: 1) The Special Overlay District may amend, refine or restrict the allowable uses of the underlying zoning district, whether those uses are permitted by right or by conditional use; and 2) The Special Overlay District may include specific site and building design criteria that are in addition to those that are required by the underlying zoning district. These include, but are not limited to building setbacks, height, and FAR, vehicular access, landscaping, lighting, and signage. Permitted Uses The uses allowed under this overlay are those permitted within the underlying zoning district as further described in this Article, except as provided below: Prohibited uses within the SR50 Frontage Zone and US27 Motor Vehicle Sales and Leasing (including, but not limited to automobiles, motorcycles, boats and other motorized vehicles) Motor Vehicle Parts (including tire sales and service, but not limited to automobiles, motorcycles, boats and other motorized vehicles) Motor Vehicle Service (including quick lube/oil change facilities, but not limited to automobiles, motorcycles, boats and other motorized vehicles) Truck Rental or Leasing as a principal use Self -Storage facilities of any type Outside Storage as a principal or accessory use Prohibited Uses within the SR50 Core Zone and US27 Motor Vehicle Sales and Leasing (including, but not limited to automobiles, motorcycles, boats and other motorized vehicles) Non -climate controlled and/or drive -up self -storage facilities Outside Storage as a principal use Building — Street Relationship (10 min, 60 max) The building setback from East Highway 50 and US27 shall be as follows: Minimum 10, Maximum 60' Any commercial subdivision of two or more lots may allow buildings beyond the 60' maximum setback as long as 35 % of the linear width of the master tract contains linear building frontage. Chairman Whitehead opened the floor to the public. Jimmy Crawford, 1201 W. Hwy 50. Local attorneys and all businesses he represents are opposed due to bad planning. SR 50 is built; analysis shows that 95% of business are non -conforming. Planning perspective, city is built out. Turns existing business into outlaws. Business community will be swiped out. Overregulation and not needed. Lastly, believes it is a questionable legality. City has to allow all uses in the City. Cecilia Bonifay, 420 South Orange Ave, Orlando. Impact to client that bought an automobile dealership. States it is an inverse condemnation that will result in a legal action to the City. Current businesses that are currently established will be outlawed. Encourages City to vote no, as it is not in the best interest of the City. Jonathan Huels, 215 N. Eola Drive, Orlando, Lowndes Attorney. Working on Plaza Collina project. CUP allowed them the right to come back in and feel like the rug has been pulled out from under them. Needs to go back and re-evaluate how this change will affect Scott Glass, 300 S Orange Ave, Orlando, Shutts and Bowen Attorneys, state there are glitches in the ordinance that will affect the city. Urges city to go back and re-evaluate the issues, as it will cause legal issues in the future. States that no one would buy a business when it is non- conforming. Recommends it be tabled or taken back to staff. Sam Sebaali, 5127 S. Orange Ave, Orlando, Florida Engineering Group, states item number 9 that will be affect by this ordinance. All projects will require Conditional Use Permits. Encourages to consider to taking back to staff and reconsidering. Paul McNamara, 16005 SR 50. Stakeholder and partner of Reed Nissan Clermont who will be impacted by this ordinance. States car dealers provide service to the community, donate to charities. Believes they are big piece to City of Clermont and Lake county. Mike Deardoff, 1101 E Hwy 50, Clermont. Has owned a business for 50 years and believes future businesses that decide to sell will be impacted. They were never contacted on current issue. Rick McCoy, 552 S. Hwy 27, Clermont. Does not understand the philosophy of establishing a downtown like aesthetic. We should maintain City green. Chairman Whitehead closed to public portion of the hearing, and returned it to the Board. Commissioner Thayer believes that staff, or city needs to do more researching. Commissioner Smith has excused himself as it will result in conflict of interest. Mr. Henschel understand concerns and would gladly take to council. Mr. Mantzaris states this was a directive that came through council. Council is looking for recommendation from the City. Commissioner Krzyminski recommends denial Commissioner Hubbard recommends denial. Chairman Whitehead states we have to take residents consideration on not wanting anymore future car dealerships. Chairman Whitehead entertained motion for item 2. Commissioner Hubbard moves to Deny the requested motion; it was seconded by Commissioner Colby. Motioned passed 6-0 REQUEST: Item # 3: Consider amendment to the Land Development Code to review development standards for obtaining a density bonus to encourage affordable and mixed income housing opportunities where they may not otherwise be provided by the private marketplace. APPLICANT: Land Development Code Amendment Density Acting Development Services Director, Curt Henschel, presented the staff report as follows: This request is to Amend the Land Development Code to review development standards for obtaining a density bonus to encourage affordable and mixed income housing opportunities where they may not otherwise be provided by the private marketplace. According to the National Low Income Housing Coalitions annual report, the Orlando MSA, of which Clermont is in part, currently ties for second worst in the country for available affordable housing, offering only 17 available and affordable units per 100 renters. The predominant employment characteristic of Clermont, is hospitality and retail, whose average wage is minimum wage. To this end, many of the large employers in Clermont are sizable in nature, though offering part-time employment as the bevy of positions offered. 44% of area residents are "cost -burdened" which means they pay more than 30% of income toward housing costs. Federal and state housing subsidies alone do not provide the flexibility to increase the inventory of affordable housing in Clermont. Across the United States, many local jurisdictions have passed ordinances requiring inclusionary housing. Inclusionary housing means that each residential development must include a set -aside, or portion of housing units that are designated as affordable. The proposed amendment will provide an opportunity for greater availability of affordable housing inventory through a density bonus and set -aside of floating units. Specifically, this amendment proposes to: Allow for an increase in density along the Hooks Street Corridor, most proximate to major employment hubs and transit access. The increase in density would amend the current 12 du -acre and allow for a density bonus up to 20 du -acre with set aside of floating units for affordable housing. Allows for an increase in density along future annexed parcels within the Wellness Way area, excluding those properties fronting Hartwood Marsh. These properties are most proximate to future employment hubs and area of transit with access into the Orange County and Four Corners area. The increase in density would amend the current 12 du -acre and allow for a density bonus up to 25 du -acre with set asides of floating units for affordable housing. An administrative review is required to ensure that the proposed project and its intended occupants meet the standards and income requirements for affordable housing. All developers are required to schedule a pre -application meeting and complete an application for density bonus with the Economic Development Department. Annual verification of leased units as part of the density bonus is required from the date originally certified. The applicant must enter into a management agreement with the City, a community land trust, or other instrument mutually agreeable to the City and the applicant, to administer the affordable set -aside units. This agreement must address marketing, applicant screening, the process for establishing rental rates, monitoring, Fair Housing requirements, and other elements as determined by the Economic Development and Development Services Department. Projects may not pay a contribution in lieu of to attain a density bonus. Staff recommends approval of the Proposed LDR Density changes. Chairman Whitehead opened the floor to the public. Steve Smith, 1323 Brookhaven Dr., Clermont, asks what are the basis for the rental rates? Recommends approval of item. Mr. Henschel did not have the rates on what would be considered affordable. Chairman Whitehead closed to public portion of the hearing, and returned it to the Board. Commissioner Hubbard questions wellness way density increase. Mr. Henschel states that it is 20 per parcel. Chairman Whitehead entertained motion for item 3. Commissioner Hubbard moves to approve the requested motion; it was seconded by Commissioner Santos. Motioned passed 7-0 REQUEST: Item # 4: Consider ordinance to change the text of the Future Land Use Element of the City's Comprehensive Plan to provide an opportunity to increase density for affordable housing units in the Commercial and Master Planned Development Land Use Categories. APPLICANT: L U Text Amendment Density Senior Planner, John Kruse, presented the staff report as follows: This is a staff initiated Future Land Use text amendment to encourage affordable and mixed income housing opportunities where they may not otherwise be provided by the private market place. The proposed text amendment is to allow a higher density through a density bonus program for a specific number of affordable housing units to be included in the overall project. The Commercial and Master Planned Development Future Land Use Category were the primary land use categories that would benefit directly with affordable housing locations in the City. The goal is to have housing stock close to employment areas, public transportation opportunities, walkable communities and from working, shopping, and entertainment venues. Some of the recent apartment communities and residential developers have asked about higher density in exchange for affordable housing units added to the overall project. This practice is known as inclusionary housing. Inclusionary housing means that each residential development will include a set -aside, or portion of housing units that are designated as affordable. The number of bonus units will be pro -rated to the number of units offered for a specific income level. The income levels will be extremely low income households, low income households, or moderate income households of the Clermont's Area Median Income (AMI). Land Development Regulations would address the affordable housing bonus density in greater detail and the requirements of the program. This proposed text amendment provides the framework for the consideration to allow an increase in density, if certain criteria is met, in the Commercial and Master Planned Development Future Land Use Category. The proposed text amendment would provide an increase from 12 units per acre up to 25 units per acre in the Commercial and Master Planned Development Future Land Use Category. Comprehensive Plan Objective and Policies from Chapter III in the Housing Element support the proposed text amendment. The evidence provided in the existing Housing Element of the Comprehensive Plan and the growing need for affordable housing in our community supports the requested text amendment. The text amendment sets the stage for future affordable housing opportunities that are currently non-existent due to high development costs and housing density limited to 12 units per acre. Therefore, staff recommends approval of the text amendment to change the density of Commercial and Master Planned Development Future Land Use Categories to encourage affordable housing opportunities in the City of Clermont. Chairman Whitehead opened the floor to the public. Steve Smith, 1323 Brookhaven Dr., Clermont. Questions if this is part of the Master Plan. Mr. Kruse clarifies the color coordination and stating the item is not part of the master plan and the red color is in the comprehensive plan component that will be taken to state for review and approval. Chairman Whitehead closed to public portion of the hearing, and returned it to the Board. No questions from commissioners. Chairman Whitehead entertained motion for item 4. Commissioner Krzyminski moves to approve the requested motion; it was seconded by Commissioner Hubbard. Motioned passed 7-0 REQUEST: Item # 6: Consider a Conditional Use Permit for a carwash facility located in the C2 General Commercial zoning district on 1.63 acres located at the southeast corner of Oakley Seaver and SR 50. APPLICANT: King's Car Wash CUP Item has been withdrawn. Chairman Whitehead entertained motion for item 6. Commissioner Kryzismki moves to approve the requested motion; it was seconded by Commissioner Smith. Motion passed 7-0 REQUEST: Item # 7: Consider a Conditional Use Permit to allow a 3,000 square foot convenience store with 8 fueling islands and 16 pump stations located at the southwest corner of State Road 50 and East Ave. APPLICANT: 7Eleven East Ave Senior Planner, John Kruse, presented the staff report as follows: The applicant, S&ME Inc., is requesting a conditional use permit for a convenience store with gas pumps in the C-1 Light Commercial district. Section 122-204 of the Land Development Code permits this type of use only through a conditional use permit. The property is located at the southwest corner of SR 50 and East Ave. The property is approximately one acre in size. The applicant is proposing a 3,000 square foot convenience store with 8 fueling islands and 16 fueling positions. The project will access from SR 50 (Right in entrance only) and entrance/exit on East Ave. The applicant has not identified any variance requests and will develop the site to meet the City's Architectural Standards and Land Development Code. The granting of the conditional use permit does not appear to adversely affect the City's Comprehensive Plan. The current zoning of the property is C-1 Light Commercial and the purpose of this district is to provide light retail sales and services that would not be detrimental to adjacent residential districts. An analysis of the current service stations along the Highway 50 corridor within a mile of the site revealed that they are substantially smaller in size relative to the number of fueling positions the applicant is proposing. The existing service stations range from four fueling positions up to eight fueling positions. The applicant is proposing 16 fueling positions, which is the same number as the WaWa service station and the existing 7-11 Mobil station at US 27 and Hwy 50 intersection area. These stations are located in the C-2 General Commercial zoning designation. The proposed use is one of the highest trip generators, according to the Institute of Traffic Engineers (ITE). The proposed convenience store will generate approximately 1,835 daily trips, 115 AM Peak Hour Trips, and 145 PM Peak Hour Trips. These numbers are not adjusted for pass -by trips, or vehicles that will stop on the way to a predetermined selected destination. With the proposed access points and current roadway configuration, all of the traffic will exit onto East Avenue. It is evident that the addition of this use at this location will generate more daily trips at the intersection and on the roads serving the proposed development. A previous Conditional Use Permit application, Resolution No. 1380, was submitted for a 7,000 square foot retail building in 2004. The City Council denied the request. The minutes cite concerns from property owners in the area and the City Council's concern with access to the property. Staff has reviewed the proposal and is very concerned about the current traffic situation at SR 50 and East Avenue. Staff has reviewed the application and has evidence that the proposed use will be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. The proposed use will have a significant impact on the existing transportation network, especially East Avenue. Staff understands that another use, such as a restaurant that may be permitted at this location could generate similar traffic volumes. Staff s main concern is that all of the traffic will exit onto East Avenue with no other form of egress from the site, which could dissipate the traffic flow. The proposed use with 16 fueling stations is not compatible in the C-1 Light Commercial zoning district. Therefore, staff recommends denial of the request for a convenience store with gas pumps in the C-1 Light Commercial zoning district. Tara Tedrow, 219 N. Eola Drive, Orlando, Lowndes Attorneys, representing client. Reviews presentation. Believe services and amenities need to be available to residents. Not requesting any variances and will be complying with all resolutions. No maximizing all developmental potential for this location. Removed the typical banding, tied in architectural features. Will have pedestrian accessibility if site were to be developed. Deletion of fuel canopy. Will have a pedestrian and cyclist only path. Traffic circulation was taken under consideration with engineers and staff recommendations. Functional cross access to 2nd street. Chairman Whitehead opened the floor to the public. Resident, Chase Forth, 955 W. Desoto, Clermont. States there is not a traffic study on the PowerPoint. From a personal stand -point he believes that road is not safe. Traffic study should be considered. Ms. Tedrow clarifies a traffic study was submitted on April 301h by MPO. Currently working with MPO on some issues. They have complied with MPO traffic concerns. There is no access to chestnut street, but will have access to 2nd street that will lead them to SR 50. Chairman Whitehead closed to public portion of the hearing, and returned it to the Board. Commissioner Hubbard has same concern on intersection. As AM traffic is bad. Believes that 50 is going to be a traffic issue. Commissioner Santos believes that it does present detrimental issues to the area. The school crossing guards are only present part-time. Believes that there should be other solutions to getting sidewalks rectified due to funding. Commissioner Colby asks what was determined as peak hours by Ms. Tedrow. Ms. Tedrow states 7 am to 9 am are considered peak hours. Commissioner Thayer is concerned with traffic. Commissioner Krzyminski is concerned on traffic issues as well as future business that will be built. Chairman Whitehead believes that it would be a reoccurring issue and business will not be conducive to traffic. Ms. Tedrow questions if there is an access that they could come into agreement with as far as traffic concerns. No suggestions or alternates were provided to Ms. Tedrow. Chairman Whitehead entertained motion for item 7. Commissioner Santos moves to deny the requested motion; it was seconded by Commissioner Thayer. Motioned passed 6-1 REQUEST: Item # 8: Consider request to amend a Conditional Use Permit to allow a six -foot -high fence instead of landscaping as required by the conditions contained in Resolution (201603) as granted for property located at 983 West Desoto Street. APPLICANT: South Lake Montessori School Conditional Use Permit Acting Development Services Director, Curt Henschel, presented the staff report as follows: The applicant is requesting to amend a Conditional Use Permit (Resolution No. 2016-03) to allow a six (6) foot high fence instead of the intensified landscaping along the south eastern property line where children play outside as required by the stated conditions of the Resolution as granted in the R-3 Residential/Professional zoning district. The property is located at 983 West Desoto Street and the current use is a Montessori School. The applicant has requested and has been granted several amendments to the original conditional use permit adopted by Resolution No. 1199 on May 22, 2001 to allow a school at 983 West Desoto Street. In 2010 an amendment (Resolution 2010-11) was granted for the school expansion with up to 50 students. The latest Conditional Use Permit amendment was adopted on February 23, 2016 by (Resolution No. 2016-03) to allow for a school facility expansion and maximum student population of 65 students at this location. As part of any Conditional Use Permit amendment request, updates to the site are normally required. The site update requirements may include landscaping improvements, drainage, impact fees, architecture and all pertinent codes. The approval conditions of Resolution No. 2016-03 (5) required landscaping be intensified along the south eastern property line where children play outside. The applicant would like to amend this condition to allow a six (6) feet high fence instead of the required landscaping. In July of 2018 this parcel was brought in front of the Clermont Special Magistrate because of code compliance issues. The parcel was found to be out of compliance because the lack of a landscape buffer along the south property line and a curbing issue within the parking lot. The owner has agreed to install the required curbing, but is requesting to omit the required landscape buffer along the southern property line. When evaluating a request for a conditional use permit, Section 86-144 of the Land Development Code requires specific development standards that need to be met. Staff has reviewed the proposed amendment request as presented to amend the existing Conditional Use Permit (Resolution No. 2016-03) and finds that staff cannot support any further amendment request to the existing Conditional Use Permit as granted for this location. Jimmy Crawford, 1201 W. Hwy 50, Clermont, represents owners of South Lake Montessori. Presents the original CUP created in 2001. States they received site plan approval in 2001. States that 2014 ordinance minutes did not discuss the landscape buffers. Received another site plan approval from the county which does not show a landscape buffer. In 2018 a neighbor complained about the non-compliance of a CUP. They went before code enforcement of violation, who determined they were in violation. Code enforcement gave them until mid -October to comply. States buffer is a bad idea as the playground area is fairly small and completely utilized. The currently play area is about 5-feet from edge. States the buffer could cause harm to the children. Requesting that buffer be eliminated and a fence be placed. Chairman Whitehead opened the floor to the public. Tracy McCoy, 406 Nuestra Place, Groveland. Teacher believes that children could run the risk of children falling into the bushes and insects that could harm the children. Would request that the fence be adequate. Sheryl Parker, 14102 Greater Pines Blvd, Clermont, her son attends Montessori. Believes that one specific neighbor is having issues with the school and believes that it is a waste of tax payer money. School is a great asset to the community. Suggests that neighbor find another hobby. Believes that many complaints are unnecessary. Ms. Parker states she is highly annoyed with current complaints from neighbor. Resident, Chase Forth, 955 W. Desoto Street. Has spent 20 thousand dollars which has affected his property due to lack of curbing. States property owner did not do it right the first time which has affected his property with water damage. States there is a pattern of behavior in merits. Mr. Forth questions Mr. Mantzaris for clarification on the City Manager not have the arbitrary right to make this type of decision, under the City Code of Ordinances, Cup or site plan? Mr. Mantzaris clarifies that the city has already received the determination from the special magistrate that the Conditional Use Permit has not been met. Resident, Charlene Harrison Forth, 939 W. Desoto Street. States, Jan made many promises but did not keep any. States previous city manager did not follow proper protocol and continues to not follow proper protocol. Ms. Forth began to get agitated as she was speaking. Chairman Whitehead briefly told Ms. Forth that her statements were sounding a little malicious. Ms. Forth continuing stating that the current situation has caused damage to her son's house and has caused her stress meanwhile she is undergoing personal issues. States she has had enough and would like Jan to follow proper protocol as she promised a school playground would not be placed. Ronald Roger, 622 S Grand Hwy. States Jan is great a person. States there is vindictive manners on Ms. Sheldon. States that Ms. Sheldon runs a great business. Mr. Crawford, states a multitude of complaints have been filed against the city by Mrs. Forth. States Mrs. Forth has filed more than 50 complaints to the city of different occasions. Understand that City Manager does not set approvals and that is the reason they have applied for it. Mr. Crawford follows by presenting a visual of the property. Does not see what good bushes will do on the property. Chairman Whitehead closed to public portion of the hearing, and returned it to the Board. Commissioner Krzyminski states there is a process to follow and it should have been done right the first time. Commissioner Hubbard asks Mrs. Forth if the fence a better buffer than bushes? Mrs. Forth states that it's just a matter of them coming into compliance. Commissioner Colby requests clarification on what is being asked for approval. Mr. Mantzaris clarifies what should be considered. The curbing and all other matter do not take action tonight. Commissioner Santos agrees with Commissioner Krzyminski does not see landscape being an issue to the children. Commissioner Colby disagrees and believes that fence should stay and no unnecessary landscape be added. Commissioner Smith agrees that landscape should be added. Commissioner Thayer agrees that there should be landscaping. Chairman Whitehead make a suggestion on the possibility of the monkey bars be moved to comply with landscape. Chairman Whitehead entertained motion for item 8. Commissioner Santos moves to deny the requested motion; it was seconded by Commissioner Krzyminski. Motioned passed 4-3 REQUEST: Item # 9: Consider Conditional Use Permit to allow for a self -storage facility occupying more than 20,000 square feet of floor space for vacant property located at the southwest corner of Highway 27 and Bloxam Avenue. APPLICANT: Clermont Storage Conditional Use Permit Senior Planner, Regina McGruder, presented the staff report as follows: The applicant, is requesting a Conditional Use Permit for a self -storage facility with more than 20,000 square feet of floor space. The Land Development Code, Section 122-223 requires a conditional use permit for any business establishment that occupies more than 20,000 square feet and Section 122-224 requires a Conditional Use Permit for any self -storage facility in the C-2 General Commercial zoning district. The subject property is located on the west side of Highway 27 and south of Hunt Street and Bloxam Avenue. The site is approximately 5.66 +/- acres and is currently vacant. The applicant is proposing construction of a mixed use project that will include a 98,245 square feet (3) story self -storage facility and 8,400 s.f. one story retail business on site. The proposed development as designed will provide direct access to U S Highway 27 and will be required to meet any traffic impact requirements for the FDOT permit process. The self -storage facility will be gated and secured. No outside storage will be allowed. The entire site will be required to comply with the Land Development Regulations for C-2 General Commercial zoning and meet the City's Architectural Design Standards. When evaluating a request for a conditional use permit, Section 86-144 of the Land Development Code requires specific development standards are met for granting a Conditional Use Permit. Staff has reviewed the CUP application as submitted and finds that the proposed self -storage facility use will be in direct conflict with the proposed amendment to the Land Development Code for the adoption of the State Road 50 and Highway 27 Overlay Ordinance that is on the agenda for recommendation tonight. City staff has worked with a consultant to create an Overlay Ordinance that will provide additional Land Development Standards for properties abutting the State Road 50 and Highway 27 commercial corridor. The purpose of the overlay is to establish development standards that limit certain types of uses and provides uniform design standard for properties adjacent to the commercial corridors. The intent of the Overlay district is to establish high quality development to improve visual character and enhance property values. The Overlay is designed to establish and promote orderly growth within the commercial corridor along with the achievement of the goals, objectives and policies of the city's comprehensive plan. The City would like to encourage the location of certain uses to avoid a continuous repetitive pattern of land uses and development projects. The proposed Zoning Overlay is consistent with other municipalities that have properties located on State Road 50; the City of Ocoee, Winter Garden and Orange County have adopted a similar Zoning Overlay to enhance the appearance of the corridor. Therefore, staff recommends denial of the Conditional Use Permit for a self -storage facility over 20,000 square feet in the C-2 Zoning District. Applicant, Sam Sebaali 5127 S Orange Ave, Orlando. States the building is internal and will not disrupt the outside environment. States it is not intrusive and generate one-third of the traffic from other businesses. They do not use many water and sewage. States building is not intrusive to the neighboring residential homes. Belies it would be an improvement to the existing conditions. Ted Bolan, 1190 Business Center Drive, Lake Mary, states self -storage is the smallest traffic impact to the neighborhood. States they have built similar building in more compact cities. Believes that there is a high demand for self -storage. Chairman Whitehead opened the floor to the public. Linda Wright, HOA President of residential community behind building. Requested clarification on a structural issue. And is verifying there is not an exit out to Bloxam. Mr. Sebaali answered Mrs. Wright's question stating the blue area in question is a single story building. Resident, Judith Sweaney, 656 Harbor Villa Court, states that current building will disrupt their current views at her home and 9 others face Bloxam Ave. States traffic would be increased at Bloxam. Resident, Geraldine Gordon, 658 Harbor Villa court, would like to know what their view would be from their patio or living areas. Mr. Sebaali agrees that the traffic movement will be affect. They are asking the storage be approved because any other use will affect the traffic at higher quantities. States that this project is a non -intense use. States they have placed a retention point and would have view to the back of the building. Mr. Bolan responds to residential issues in regards to the view for current homeowners. States that the back of the building is over two stories high which would not disrupt their view. Chairman Whitehead closed to public portion of the hearing, and returned it to the Board. Commissioner Krzyminski asked about the future development of retail. Mr. Sebaali clarifies that their current plans display what the whole intent of what the retail would look like if they had any future plans of building a retail location. Commissioner Krzyminski asked if the future retail would remain a self -storage? Mr. Sebaali states that there is a possibility to future restaurant all dependent on the future demands. Commissioner Hubbard asked if there is a possibility of there being future traffic increase when building out. Mr. Sebaali stated that there is not. His guesstimate includes the future development traffic flow. Does clarify that there is no future of it ever being a gas -station. Ms. McGruder clarifies that there would be a CUP would be required in the future, if a gas -station would like to me established. Mr. Mantzaris clarifies the current proposal for the size of the self -storage. Commissioner Colby believes that things would need to be thought out more thoroughly and is hesitant that this business would affect the future aesthetic of Clermont. Ms. McGruder states that anything over 20,000 square feet require a CUP. Commissioner Smith is concerned with drop of the location. Chairman Whitehead entertained motion for item 2. Commissioner Santos moves to deny the requested motion; it was seconded by Commissioner Colby. The vote was unanimous for approval. Motioned passed 3-4 Chairman Whitehead entertained motion for item 2. Commissioner Hubbard moves to approve the requested motion; it was seconded by Commissioner Krzyminski. Motioned passed 4-3 REQUEST: Item # 10: Consider a Conditional Use Permit to allow for a commercial outdoor ice machine for property located at 492 Chestnut Street. APPLICANT: Childs Ice Machine Conditional Use Permit Senior Planner, Regina McGruder, presented the staff report as follows: The applicant, is requesting a Conditional Use Permit to allow a commercial ice machine in the C- 1 Light Commercial zoning district. The property is located at 492 Chestnut Street. The parcel currently has a single family home on lot that will be converted to a full service hair salon. The hair salon is a permitted use in the C-1 Light Commercial zoning district. The Land Development Code, Section 122-204 (b) requires a Conditional Use Permit for uses where classification is uncertain. The City Council approved a Conditional Use Permit on August 28, 2012 (Resolution No 2012-29) to allow a commercial ice machine at this site. The previous permit became null and void because substantial construction work did not begin within (2) years of the Conditional Use Permit approval. The applicant is proposing to convert the single family residential home to a full service hair salon and to allow a drive thru commercial ice vending machine at this location. The commercial ice vending machines as proposed will be located on the west side of the building; with the side facing Fifth Street. The entire property will be required to comply with C-1 Light Commercial Zoning setbacks and code regulations. Because this is a drive thru and pick-up ice machine, staff considers the stacking of a minimum of eight cars to be sufficient for the proposed use. The adjacent property to the North, East and West has C-1 Light Commercial Zoning and the current zoning of the property to the South is R-2 Medium Density. The site will be required to comply with the Land Development Codes for C-1 zoning including any parking, landscape improvements and/or building/fire codes requirements for proposed change of use. When evaluating a request for a Conditional Use Permit, Section 86-144 of the Land Development Code requires specific development standards be met; Staff has reviewed the CUP application as submitted and finds the proposed use does meet the general criteria and will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Therefore, Staff recommends approval of the Conditional Use Permit with the conditions contained in Resolution No. 2018-30R. Applicant, Rick McCoy, 552 S. Hwy 27. Believes current owner would like to establish future profits with ice machine. Chairman Whitehead opened the floor to the public. Chairman Whitehead closed to public portion of the hearing, and returned it to the Board. Chairman Whitehead stated the location could possibly impact the traffic entering the location. Chairman Whitehead entertained motion for item 10. Commissioner Santos moves to approve the requested motion; it was seconded by Commissioner Colby. Motioned passed 7-0 REQUEST: Item # 11: Consider a Conditional Use Permit to allow a 42,000 square foot K8 Charter School with an enrollment of up to 700 students on property located at the northwest corner of Steve's Road and Citrus Tower Boulevard. APPLICANT: Citrus Tower Charter School CUP Tabled to September 4, 2018 meeting. Chairman Whitehead entertained motion for item 11. Commissioner Thayer moves to approve the requested motion; it was seconded by Commissioner Krzyminski. Motion passed 7-0 REQUEST: Item # 12: Consider ordinance to rezone 6.96+/ acres from R2 Medium Density Residential to PR Parks and Recreation District at the northeast corner of Second Street and Palm Ave. for public boat ramp facility. APPLICANT: Bell Ceramics Rezoning Senior Planner, John Kruse, presented the staff report as follows: This request is an administrative request for the former Bell Ceramics Site that is approximately 6.96 +/- acres in size. The property is located between Second Street and East Ave, north of Palm Street. This property is owned by the City of Clermont and was acquired in November 2003. The property is zoned R-2 Medium Density Residential and was acquired with the current zoning in place. The Clermont City Council recently approved to move forward on designing and constructing a public boat ramp facility on the property. In order to have the use of the property match the zoning, it was determined that PR Parks and Recreation zoning designation would be the most appropriate. Section 122-280 of the Land Development Code indicates the purpose of a parks and recreation district is to designate and ensure that publicly owned areas of the city are preserved for park, open space, and recreational purposes for the benefit of the residents and the overall environment. The permitted uses include publicly owned recreational facilities that may include both active and passive facilities. The proposed public boat ramp facility would be a permitted use in this zoning designation. Therefore, staff recommends approval of the rezoning request from R-2 Medium Density Residential to PR Parks and Recreation zoning district. Chairman Whitehead opened the floor to the public. Chairman Whitehead closed to public portion of the hearing, and returned it to the Board. Commissioner Smith is disappointed with future use of Ceramic Bell location. Chairman Whitehead agrees with Smith. Chairman Whitehead entertained motion for item 12. Commissioner Hubbard moves to approve the requested motion; it was seconded by Commissioner Colby. Motioned passed 6-1 Meeting adjourned at 9:52 p.m.