03.02.2021 P & Z MinutesCity of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
March 2, 2021
The meeting of the Planning & Zoning Commission was called to order on Tuesday, March 2, 2021 at
6:30 p.m. by Chairman Krzyminski. Members present were: David Colby, Joe Gustafson, Max
Krzyminski, Jane McAllister, Vincent Niemiec, Lavonte Rogers, and Chuck Seaver. Also present for City
staff was City Attorney Mantzaris, Planning & Development Director Curt Henschel, Planning Manager
John Kruse, Senior Planner Regina McGruder and Planning and Development Coordinator Nicholas
Gonzalez.
MINUTES:
Commissioner Colby asked for a revision to the minutes changing that he made the motion to approve
Chairman Krzyminski for Chair and that Commissioner Niemiec made the motion to approve
Commissioner Gustafson for Vice -Chair.
MOTION TO APPROVE the February 2, 2021 minutes of the Planning & Zoning Board with
the revision made by Commissioner Colby. Motion was seconded by Commissioner Niemiec.
Passed unanimously.
REPORTS FROM THE COMMISSION:
Commissioner Niemiec updated the commission with the Titan Sand Mine Company and Winter Garden
dilemma regarding the ban of trucks on Hartwood Marsh Road. He stated that Winter Garden City
Council approved the ordinance but has since removed the signs to enforce the ban. He expressed that this
will increase the traffic along Hartwood Marsh into the City of Clermont.
Commissioner Gustafson asked Mr. Mantzaris if the Sand Mine Company was filing an injunction and
whether Clermont will be joining. Mr. Mantzaris informed the commission that the ordinance will be
going for a final vote on March 11 and the City of Winter Garden has agreed not to enforce the ban until
the parties can come together and find an alternative solution to address the problem. He stated that there
are many parties involved and they are scheduling a time to get together.
NEW BUSINESS
Item #1: Ordinance No. 2021-005 — Hooks Street Medical Office CPA
Request: Consider request to change the future land use from Lake County Regional Commercial to
Clermont Commercial for vacant parcel located on Hooks Street and east of Sandhill View Road.
Senior Planner McGruder presented the staff report as follows:
The next two (2) agenda items will be present to together for the same project and will require a separate
motion for each item:
The applicant is requesting a small-scale comprehensive plan amendment and rezoning for the 9.31 +/-
acre vacant parcel located on Hooks Street, and east of Sandhill View Boulevard to allow for a
commercial and medical office development. The proposed project as designed will consist of two (2)
one-story buildings with each building containing approximately 17,000 square feet of office and
commercial space. The conceptual plan prepared by Germana Engineering, Inc, shows the layout of the
proposed buildings and parking for the site.
The request is to change the future land use from Lake County Regional Commercial to Clermont
Commercial designation. The proposed rezoning from Lake County "R-6" Urban Residential to
Clermont C-2 General Commercial, which allows office and commercial development as a permitted use.
The project will connect to City water and sewer, which has adequate capacity to service the
development. The primary point of transportation access will be from Hooks Street.
The proposed development will be required to comply with Clermont Land Development Regulations and
Architectural Design Standards to allow for construction of the project. The Commercial Land Use
allows a maximum development intensity of 0.25 Floor Area Ratio (FAR). The applicant has not
requested any variances to the code for construction of the project. The adjacent parcel located to the east
is within Clermont boundaries and zoned C-2 General Commercial, and located to the west is a parcel in
Lake County and the zoning is R-6 Urban Residential. Lake Wilma borders the property on the south and
Lowes is located to the north.
Staff has reviewed the application and proposed project in regards to compliance with the Clermont
Codes of Ordinances and Comprehensive Plan. The proposed use is consistent with the goals, objectives
and policies of the comprehensive plan and intent of the land development regulations for commercial
zoning.
Staff recommends approval of Ordinance No. 2021-05, changing the future land use to Clermont
Commercial and approval of Ordinance No. 2021-06, rezoning the subject parcel to C-2 General
Commercial zoning.
Chairman Krzyminski turned it over to the Applicant/Representative to present their request.
Christopher Germana, 1120 West Minneola St., engineer for the project agreed with staff s
recommendation for approval. Mr. Germana highlighted that the site has unique topography and the
project is closer to Hooks St. so that they can use the flattest part of the site and does not intend to use any
variances.
The public was invited to comment on this item; no public chose to comment.
Chairman Krzyminski brought it back to the Board and entertained a motion.
Commissioner Niemiec asked if the commission would be voting on the entire parcel. Director Henschel
confirmed that the entire parcel would be considered for the rezoning and comp plan amendment.
Commissioner Niemiec asked would the applicant be required to put retaining walls. Director Henschel
answered that the retaining walls would not be a requirement but may likely be done to work with the
topography as long as it works within the allowance in the City code. Commissioner Niemiec asked the
applicant if there would be offices on the side and also in the rear facing the lake. Mr. Germana stated the
offices would be in the front and back of the building. Commissioner Niemiec asked how many entrances
would be on the buildings. Mr. Germana explained that the plans presented are preliminary and that level
of detail wouldn't be done at this time. Commissioner Niemiec asked if the building would be strictly
medical. Mr. Germana stated the building would be zoned C-2 with the proposed zoning for medical,
office, or commercial uses. Commissioner Rogers asked if the applicant would operate the building as
well. Mr. Germana stated the applicant would own and operate the building.
Commissioner Seaver asked staff if there was a typo in the Ordinance presented. Staff acknowledged the
mistake and stated that the ordinance will be revised. Commissioner Seaver asked if there would be any
road improvement with the project. Mr. Germana stated that at this time there is no plan for
improvements but plans would have to be submitted to Lake County during site review process, who
maintains Hooks St. Commissioner Seaver asked staff who's jurisdiction would respond to accidents on
Hooks St. and whether the City would input on adding a deceleration road. Director Henschel stated that
it is a county road but he does believe the City would respond to an accident and since it is a county road,
Lake County would have final input on whether the project would have to add a deceleration road.
Commissioner Niemiec observed that there is two entry points but would not final until Lake County
approves plans. Director Henschel confirms that Lake County would have final input on alignment of
entry points which is done during the site review process. Commissioner Niemiec asked the applicant if
he currently owns the property. Amit Pandey, 8824 Elliot's Court Orlando, stated the land is under
contract.
Commissioner Rogers stated that across the street is a vacant medical building and he expressed concern
building another medical office. Mr. Pandey stated they have approached the vacant building owners to
buy or lease and the owners expressed no interest.
Action:
MOTION TO APPROVE Ordinance No. 2021-005 made by Commissioner McAllister. Motion
seconded by Commissioner Colby. Passed 5-2. Commissioner Niemiec and Commissioner
Rogers voting in denial.
Item #2: Ordinance No. 2021-006 — Hooks Street Medical Office Rezonin
Request: Consider request to change the zoning from Lake County R-6 Urban Residential to Clermont
C-2 General Commercial for vacant property located on Hooks Street and just east of Sandhill View
Road.
Senior Planner McGruder presented the staff report.
Action:
MOTION TO APPROVE Ordinance No. 2021-006 made by Commissioner Colby. Motion
seconded by Commissioner McAllister. Passed 6-1. Commissioner Niemiec voting in denial.
Item #3: Resolution No. 2021-014R — Greater Horizons Academe CUP
Request: Consider a conditional use permit in the C-2 General Commercial zoning district for a private
school for children with intellectual and developmental disabilities located in Suite A of the Emerald
Lakes Shipping Plaza located at 1203 West Highway 50.
Planning Manager Kruse presented the staff report as follows:
The applicant is requesting a conditional use permit to allow a private school in the C-2 General
Commercial zoning district. The Land Development Code, Section 122-224, allows a private school with
a Conditional Use Permit. The applicant is interested in renting Suite A within the Emerald Lakes
Shopping Plaza located at 1203 West Highway 50. The Suite is approximately 3,600 square feet. The
previous tenant was a church, Redemption Worship Center, which operated under Conditional Use Permit
2016-20. The church had a congregation of approximately 30 people that used the facility for a house of
worship. The private school is expected to have up to 35 students and 15 staff members, not to exceed
50 people at the facility. The age range will be from kindergarten through 8" grade. The school is
specifically for students with intellectual and developmental disabilities.
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The applicant has indicated that the school will be operated similar to the traditional public school
calendar and hours of operation, closed on the weekends and observed holidays and breaks. The students
will be transported by their parents and they will have to park and walk the student in and pick them up at
the end of the day. No drop off or pickup line will be allowed. The school hours of operation will be
from 8:30 am to 2:00 pm. After school options will be available until 4 pm. A majority of the businesses
in the area do not open until 10 am so parking should be available. Staff will be required to park on the
north side of the plaza, facing Highway 50.
The proposed interior layout shows five classrooms, recreation room, offices, stage and cafeteria. The
applicant will be required to obtain all local, state, and federal permits relating to the private school.
Staff has reviewed the application and finds 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 for a private school facility in the C-2 General Commercial zoning district with the
conditions contained in Resolution No. 2021-014R.
Chairman Krzyminski turned it over to the Applicant/Representative to present their request.
Naisha and Eric Delgado, 465 Blue Cypress Dr., Groveland, owners of Greater Horizons Academy of
Excellence explained that they are K-8 private school for students with intellectual and developmental
disabilities and agreed with staffs recommendation of approval.
The public was invited to comment on this item; no public chose to comment.
Chairman Krzyminski brought it back to the Board and entertained a motion.
Commissioner Niemiec asked the applicant to tell more information about the proposed school. Mrs.
Delgado stated that school will specialize in applied behavioral analysis. Commissioner Niemiec asked if
there would be recreation time for the students. Mr. Delgado confirmed that there would be a 484 sq. ft.
area for recreation time within the building. Commissioner Niemiec asked if there would only be five
classrooms for K-8. Mrs. Delgado explained that the school believes in individualized learning with 5
students to every instructor based on their master criteria from their assessment with different levels of
learning in each classrooms.
Commissioner Rogers asked how many students they currently have. Mrs. Delgado stated enrollment has
not started and is contingent on their approval of the conditional use permit. Commissioner Rogers asked
if they would have 15 staff members. Mrs. Delgado explained the 15 staff members would be long-term
but would initially start with 4 classrooms so that would include 4 instructors, admin, and themselves for
staff members. Commissioner Rogers asked staff if the parking would be sufficient for the project.
Planning Manager Kruse stated that there is ample amount of parking in the parking lot for the proposed
project. Commissioner Rogers asked if they would be constructing the classrooms in the building and
whether it would be reviewed by staff. Mrs. Delgado confirmed that they have Webber Construction
performing the build out and would go through the building permit process.
Commissioner Niemiec asked if the entering and exiting of students would be safe for students with
wheelchairs and how they would enforce drop-offs. Mrs. Delgado stated that the parents would be
responsible to park in the parking lot and drop off and pick up students.
Commissioner Colby stated his only concern would be the safety of the location and asked if the hours of
operation would be Monday to Friday with no weekend activity. Mrs. Delgado confirmed that those were
the hours and of operation.
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Commissioner Gustafson complimented the project and applauds the safety measures of having the
parents walk the students from the parking lot.
Chairman Krzyminski asked if they have any plans of bus transportation for the students and where they
found the need for this specific project. Mr. Delgado stated there are no plans for bus transportation. Mrs.
Delgado explained that through her experience as a behavior analyst there are many options in Orlando
but very few local and wanted to provide a service with correct procedures and practices.
Commissioner Niemiec asked if they had any affiliations with any other companies. Mrs. Delgado stated
they own Greater Horizons Academy and that there are no affiliations.
Action:
MOTION TO APPROVE Resolution No. 2021-014R made by Commissioner Niemiec. Motion
seconded by Commissioner McAllister. Passed unanimously.
Item #4: Ordinance No. 2021-007 — CBD Code Amendment
Request: Consider text amendments to the codes of ordinances, Chapter 50, Solid Waste Collections and
Disposal for the Clermont Downtown and Central Business District (CBD).
Planning and Development Director Henschel presented the staff report as follows:
City staff is proposing a land development code change to address the increase of solid waste within the
Central Business District.
The Master Plan investment in the Historic Downtown has created a wave of redevelopment. This
redevelopment has created a surge of new restaurants and businesses that are in need of larger volume
solid waste and recycling collection. Current City operations cannot provide the correct and timely
collection of the new volume demands.
Staff is proposing a modification to the solid waste ordinance that will define and specify what amount of
weekly solid waste will be collected by City forces and what amount will require a dumpster or multiple
dumpsters. Owners of higher volume solid waste and recycling businesses will be required to contract
with a private service to receive the proper collection. Smaller volume businesses will still be collected by
City forces once per week in line with current operations.
During the site review process, any new business will be required to provide a plan for solid waste and
recycling that will indicate expected volumes. Staff will then be able to provide guidance as to how the
modified ordinance will apply and what requirements the businesses will need to follow.
This proposed ordinance modification only applies to the downtown Central Business District area.
Staff recommends approval of Ordinance No. 2021-007
The public was invited to comment on this item; no public chose to comment.
Chairman Krzyminski brought it back to the Board and entertained a motion.
Commissioner Seaver stated he understands the reasoning for the amendment having seen debris in the
alley behind Hank's but asked if the City is willing to work with the businesses with a limited entryway
for a dumpster truck to access. Director Henschel stated that they would have to contract a private
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company that has smaller trucks to pick up the dumpsters and this would apply to new developments in
the downtown.
Commissioner McAllister asked if an existing business that does not require a dumpster move out where
would the new business conceal the required dumpster. Director Henschel stated that would be a part of
the site review process to indicate where the solid waste would be placed.
Commissioner Gustafson disclosed that he had met with staff getting some clarification and has no other
questions.
Commissioner Colby was approached by the owners of Montrose St. Market and has concerns regarding
the amendment and whether they would apply if new tenants were to come into the market as well as the
city increasing the pickup to twice a week to help with the current waste management issue. He stated that
the owners would appreciate a workshop to find a possible solution and encourages the commission not to
rush this through and have more downtown property owners involved in the process.
Commissioner Niemiec asked staff to explain # 3 on Sec. 50.41 on Ordinance No. 2021-007. Mr.
Mantzaris stated the requirements would apply to a new business or an existing business changing their
use and would then would need to obtain the required disposal system. Commissioner Niemiec pointed
out a typo of "CDB" instead of "CBD" on the ordinance. Staff acknowledged the typo and would revise
the ordinance. Commissioner Niemiec stated his concerns with the size of the dumpsters and the
frequency of pick up.
Commissioner Rogers also expressed the concern of rushing this ordinance without having the
involvement of the business owners and suggest a workshop and whether the frequency of trash pickup
will help resolve the solution. Director Henschel explained that the City has discussed the frequency but
could potentially lose money in solid waste collection becoming a commercial pickup business.
Chairman Krzyminski asked what the procedure would be to have a workshop done for this ordinance.
Mr. Mantzaris stated that they can move forward with voting for approval or denial with the
recommendation that City Council construct a workshop for the code amendment.
Commissioner Niemiec disclosed that he spoke with Director Henschel on the project and asked if the
commission has any authority to workshop the ordinance. Mr. Mantzaris stated that the commission has
to vote for the ordinance and a recommendation can be made to the council to workshop the ordinance.
Commissioner Colby stated that it would be a stronger message to council if the commission denies the
ordinance with the recommendation for a workshop.
Commissioner Gustafson asked if the legal advertisement is the only legal obligation for the City to
inform the community. Mr. Mantzaris confirmed that is the only obligation. Commissioner Gustafson
stated he would recommend for approval with the strong recommendation for a workshop.
Commissioner Rogers asked if this was an ongoing issue with the new businesses coming in to the
downtown and whether if the existing business will still contribute to the waste disposal issue. Director
Henschel confirmed that they cannot regulate an existing business to abide a new ordinance but the City
is working with the existing businesses to find a solution to the trash problem in downtown.
Commissioner Niemiec asked how many garbage containers can a business have and whether there is a
limit. Jim Maiworm, Assistant Director of Public Services, answered that there is no limitation and the
ordinance was designed to rationalize what the Downtown is doing with the limited space for the
management of waste disposal. Commissioner Niemiec asked if there is a requirement to clean the cans to
reduce the odor. Mr. Maiworm answered the code does not current require cans to be cleaned.
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Commissioner Niemiec asked if 1.5 cubic yard cans would be big enough. Mr. Maiworm stated there are
much larger dumpsters available but the Downtown has very limited space and anything larger than the
1.5 cubic yard would trigger the fire code in which the dumpster would have to be sprinkled and can
create a burden for a new or existing business. Commissioner Colby asked if existing businesses should
be prepared for an ordinance that would apply to them. Director Henschel answered that the City does not
plan on introducing an ordinance that would apply to existing businesses. Commissioner Colby stated he
did not understand the rush if the target would be to new businesses. Mr. Maiworm explained that the
City has been working on this for over 6 months and has examined neighboring cities on how they
regulate and control solid waste within their downtowns. Commissioner Colby stated he believes that the
downtown businesses should be involved in the process.
Chairman Krzyminski asked Director Henschel how many projects are currently in the works in the CBD.
Director Henschel stated there or at least four or five going through the approval process and those would
be the bigger projects in the downtown. Chairman Krzyminski asked if the new businesses would be able
to utilize both the public and private pickup. Director Henschel stated that it would be one or the other
and would be determined by their needs in site review.
Commissioner Gustafson asked how many new businesses would be attracted in coming to the downtown
with the proposed ordinance. Director Henschel stated he cannot predict how many businesses would
come into the downtown in the future.
Commissioner Niemiec stated that the City of Winter Garden does two pickups a week in their
downtown. Mr. Maiworm explained that Winter Garden owns their own dumpsters, has a commercial
operation and collects themselves, assigns new and existing businesses on where to dispose their waste
material, and have much larger dumpsters.
Action:
MOTION TO DENY Ordinance No. 2021-007 with the recommendation to City Council to
have a workshop made by Commissioner Colby. Motion seconded by Commissioner Gustafson.
Passed 6-1. Commissioner McAllister voting in denial.
Item #5: Ordinance No. 2021-009 — Victory Pointe CPA
Request: Consider request to change the future land use from Downtown Mixed Use and Low Density
Residential to Parks designation for property located at 851 Victory Way.
Senior Planner McGruder presented the staff report as follows:
The next two (2) agenda items will be present to together for the same project and will require a separate
motion for each item:
This request is staff initiated to change the Future Land Use designation of subject parcel from Downtown
Mixed Use and Low Density Residential to Parks Designation. This property is currently being used for
the Downtown Master Stonnwater Pond and Boat Ramp. The Parks Land Use designation will help to
ensure the zoning and land use is consistent with the intent and purpose of the property. The map
amendment will provide designated parcels of land to accommodate existing public parks and recreation
areas as committed public open space areas for the community. This requested land use map amendment
is being presented concurrently with a request to change the zoning from Central Business District (CBD)
to Parks and Recreation.
The Clermont Comprehensive Plan goals is to ensure that the character, magnitude and location of land
uses provide a system of orderly growth and development that achieves a balanced natural, physical and
economic environment and enhances the quality of life for all residents. The designated Land Use
Change would be in character with the overall intent of the Downtown Waterfront Redevelopment Master
Plan.
The Clermont Comprehensive Plan:
Ob'ective 1.4.1: Parks Land Use CateuorN-: The parks category is established to provide sufficient
space for public and private parks that are open to the public for active and passive recreation use.
The Future Land Use Map Amendment is consistent with the goals, objectives and policies of the
Clermont Comprehensive Plan.
Staff recommends approval of Ordinance No. 2021-009.
Commissioner Niemiec asked why there was a change in acreage. Ms. McGruder explained that the GIS
coordinator did not realize that a portion of the parcel was already designated Parks.
The public was invited to comment on this item; no public chose to comment.
Chairman Krzyminski brought it back to the Board and entertained a motion.
Action:
MOTION TO APPROVE Ordinance No. 2021-009 made by Commissioner Rogers. Motion
seconded by Commissioner Niemiec. Passed unanimously.
Item #6: Ordinance No. 2021-011— Victory Pointe Rezoning
Request: Consider request to change the zoning from Central Business District and C-1 Light
Commercial to Parks and Recreation for property located at 851 Victory Way.
Senior Planner McGruder presented the staff report as follows:
This request is staff initiated to change the Zoning of subject parcels from Central Business District, C-1
Light Commercial and R-3 Residential Professional to Parks and Recreation District. This property is
currently being used for the Downtown Master Stormwater Pond and Boat Ramp' and the rezoning of the
property is to provide an accurate reflection of the intent and future vision of the property. The provisions
of the Land Development Regulations, Section 122-28, classifies the Parks and Recreation zoning district
purpose and intent is to designate and ensure that publicly owned properties are preserved for parks and
open space for recreational purposes for the benefit of the residents and overall environment.
The rezoning request is consistent with the intent of the goals, objectives and policies of the Clermont
Comprehensive Plan. The availability of parks, open space and recreational facilities play a key role in
establishing the quality of life for a community. The designated zoning would identify and create specific
parcels of land that could only be used for active public or private recreational uses.
Staff recommends approval of Ordinance No. 2021-011.
Action:
MOTION TO APPROVE Ordinance No. 2021-011 made by Commissioner Rogers. Motion
seconded by Commissioner Colby. Passed unanimously.
Item #7: Ordinance No. 2021-010 — Graff Building PUD Rezonin
Request: Consider a request for a rezoning to Planned Unit Development (PUD) for a mixed -use
residential and office project located in the Central Business District at 872 West Minneola Avenue.
Planning and Development Director Henschel stated the Ordinance asked to be tabled to April 6, 2021.
Chairman Krzyminski entertained a motion.
Action:
MOTION TO TABLE Ordinance No. 2021-010 made by Commissioner McAllister. Motion
seconded by Commissioner Gustafson. Passed unanimously.
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With no further comments, Chairman Krzyminski adjourned the meeting at 8:09 P.M.
ATTEST:
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Curt Henschel, Planning & Development Director
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Max Kr airman