05.04.2021 P & Z MinutesCity of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
May 4, 2021
The meeting of the Planning & Zoning Commission was called to order on Tuesday, May 4, 2021 at 6:30
p.m. by Chairman Krzyminski. Members present were: Joe Gustafson, Max Krzyminski, Jane McAllister,
Vincent Niemiec, Lavonte Rogers, and Chuck Seaver. Member David Colby was absent. Also present for
City staff was City Attorney Dan Mantzaris, Planning & Development Director Curt Henschel, Planning
Manager John Kruse, and Senior Planner Regina McGruder.
MINUTES:
MOTION TO APPROVE the April 6, 2021 minutes of the Planning & Zoning Board made by
Commissioner McAllister. Motion was seconded by Commissioner Gustafson. Passed
unanimously.
REPORTS FROM THE ATTORNEY:
City Attorney Mantzaris explained the duties and goals of the Planning and Zoning Commission. He
stated that the decisions have to be based on facts. He explained that an appeals court will look at the
criteria was focused on if there is an appeal made by an applicant.
REPORTS FROM THE COMMISSION:
Commissioner Rogers thanked city staff for assisting him in his new role as a commissioner.
Commissioner Niemiec reported the Hartwood Marsh expansion project has been moved up from Tier 2
to a Tier 1 review to expedite the project due to traffic congestion.
Commissioner Gustafson reported that he contacted the city finance department to provide for the
commission what the benefit of the increased tax base would be if that applicant's request to annex their
property into the city limits is approved.
Chairman Krzyminski thanked Commissioner Niemiec for attending the road improvement meetings and
speaking up for the city's behalf. He thanked the public for attending and their involvement in the city
public meetings.
NEW BUSINESS
Item #1: Resolution No. 2021-027R — Rental Depot CUP
Request: Consider Conditional Use Permit (CUP) to allow outside storage and display of equipment for
vacant property located between US Highway 27 and south of the Irish Trails Farm and Pet Store.
Senior Planner McGruder presented the staff report as follows:
The applicant would like to construct an equipment rental business with an outdoor storage and display
area on property located in the C-2 General Commercial zoning district. Under Section 122- 224 of the
Land Development Code, a Conditional Use Permit for this type of use and the outside storage of
equipment is required. The subject property is located south of the Irish Trails Farm and Pet Supply
store, between Bloxom Avenue and US Highway 27. The Future Land Use is Commercial. The
applicant is proposing construction of a 7,000 square feet single -story building consisting of an office and
light warehouse uses.
The applicant has provided a conceptual site plan that indicates the layout of the proposed building,
landscape buffers, dumpsters, parking, and the outside storage and display areas for the project. The plan
identifies one access point off Bloxam Avenue and cross -access from US 27 through the Irish Trails Farm
Supply property. The proposed development will be required to provide an additional 30 percent plant
materials for the landscape buffers adjacent to the rights of way to ensure an opaque screening from the
streets. The applicant is not requesting any variances to the Land Development Codes and the building
will be required to comply with the Clermont Architectural Design Standards.
The proposed project will not be permitted storage or display of any large rental equipment or machines
adjacent to US Highway 27. The applicant has indicated the project traffic generation is insignificant and
the project traffic impact is de minimis because of the limited special services and products offered at this
location. The business hours of operation will be Monday through Saturday from 7:00 am to 6:00 pm,
and closed on Sundays to help minimize any noise and adverse impacts to the adjacent properties.
Staff has reviewed the application and proposed project in regards to Section 86-144 Review Criteria for a
Conditional Use Permit. The proposed use will not be detrimental to the health, safety and general
welfare of the community. The use of the site is not out of character with the existing neighborhoods or
adjacent properties. The Conditional Use Permit will not be in conflict to the Clermont Comprehensive
Plan goals, objective and policies for the current land use designation. The proposed use will comply
with the regulations and conditions specified in the codes and provisions of this resolution.
Staff recommends approval of Resolution No. 2021-027R.
Jim Kirk, 9069 Great Heron Circle, Orlando, stated that 30% of their customer base is to home owners,
however the rest is to small building contractors. He stated that they provide small booms for those who
prefer those to ladders. He stated that they will provide a rod iron fence along the main highway and 6-
foot black webbing fence around the rest of the property.
There were no public comments or questions.
Commissioner Seaver asked about the visibility of the property from Bloxam Avenue.
Senior Planner McGruder stated that they will be required to provide additional landscaping along
Bloxam Avenue and Highway 27. She stated that the outside storage will be stored towards the back of
the property.
Commissioner McAllister asked if there is a cross access agreement in place with Irish Trails.
Dale Ladd, 1135 East Avenue, Clermont, stated that he owns both properties and there is a cross access
agreement in place. He stated that there is also a retention pond along Bloxam Avenue in addition to the
landscaping.
Commissioner Gustafson stated that he hopes he succeeds. He stated that Bloxam Avenue isn't designed
for a lot of traffic.
Commissioner Niemiec asked if there will be access from Highway 27.
Mr. Ladd stated that there will be access to Highway 27 since they own the property down to Hunts Street
which is not paved. He said when they develop that property next to this property, it should connect to
Hunt Street that should connect to Highway 27.
Commissioner Niemiec asked if Mr. Ladd owned the parcel south of this property.
Mr. Ladd stated yes they do own that parcel.
Commissioner Niemiec asked the applicant his definition of large equipment.
Mr. Kirk stated that the largest equipment would compare to the size of a car.
Commissioner Rogers stated that he likes the landscape buffer that will be provided along Bloxam
Avenue. He asked if all the traffic would be coming through Irish Trails.
Mr. Ladd stated that he has another tenant interested in developing the other property which will allow
traffic to flow through there once developed.
Chairman Krzyminski brought it back to the Board and entertained a motion.
Action:
MOTION TO APPROVE Resolution No. 2021-027R made by Commissioner McAllister.
Motion seconded by Commissioner Gustafson. Passed 6-0.
Item #2: Resolution No. 2021-028R — Right at Home Health A2encv
Request: Consider Conditional Use Permit to allow for a professional office for property located at 792
Montrose Street.
Senior Planner McGruder presented the staff report as follows:
The applicant is requesting a Conditional Use Permit to allow for a professional/administrative office use
in the R-3 Residential/Professional zoning district. The Land Development Code, Section 122-183,
requires a Conditional Use Permit for a professional or medical office use. The subject property is
located at 792 East Montrose Street and the Future Land Use is Low Density Residential. The
Comprehensive Plan for Residential Land Use Categories allows support accessory services and uses with
a Conditional Use Permit. The CUP would allow the Right at Home Health Care Agency the ability to
operate a professional office use that provides administrative support services for the existing business.
The applicant indicates the business will utilize the existing building and since the previous use was
comparable, no major changes are required to operate the business. The Health Agency is a small
business operation with approximately seven (7) office staff members that will use the office to provide
administrative support services for the daily operation of the existing business. The company's
administrative support services may include employee/patients scheduling, payroll processing, human
resources, limited interviews and other various clerical support services at this location.
The home health agency provides at home and onsite patient care services, which does not require any
patients or customers to visit this location. Any proposed changes to the site will be required to comply
with Clermont Land Development Regulations, including any building and fire safety codes. The site
must provide sufficient onsite parking to accommodate the proposed professional office use.
Staff has reviewed the application and proposed project in regards to Section 86-144 Review Criteria for a
Conditional Use Permit. The proposed professional office use will not be detrimental to the health, safety
and general welfare of the community. The use of the site is not out of character with the existing
neighborhoods or adjacent properties. The Conditional Use Permit will not be in conflict to the Clermont
Comprehensive Plan goals, objective and policies for the current land use.
Staff recommends approval of Resolution No. 2021-028R.
Glenn Fechtenburg, 21701 Rollingwood Trail, Eustis, stated that they have a main office in Tavares
where they do in home care and assistance for the elderly. He stated that they have a Clermont office
located on Citrus Tower Blvd. in a shared office area. He stated that this property came available and
would like to move to this property.
Dale Mack, 540 E. Desoto Street, stated that he owns the vacant lot across the street. He stated his
concern is that this property is not sufficient enough for the use. He stated that the previous tenant of 792
Montrose Street used his vacant property as an overflow parking for their employees. He stated that he
put posts and cable wire to keep people off his property. He stated that the cables were cut and people
would continue to park and damage on his property. He stated that there is limited parking for this
property and it's not fair to him or the other residence.
Commissioner Gustafson asked how his property was accessed.
Mr. Mack stated that his property is directly across the street so people could drive from the applicant's
property over to his property.
City Attorney Dan Mantzaris stated that there is wording included in the conditional use permit so that
parking becomes inadequate the city can reopen the conditional use permit or even revoke the conditional
use permit as it relates to this property.
Mr. Fechtenburg stated that the previous tenant included a church, thrift store and collected and picked up
food at this location. He stated that at their location on Citrus Tower they currently have 3 parking spaces.
He stated that they have never parked beyond their allowed spaces at that location. He stated that they
have 7 employees, 3 at the most will be at this location. He stated that they do not have the volume as
previous tenants.
Commissioner Rogers asked that there will only be 3 to 4 employees.
Mr. Fechtenburg stated that there will be 1 to 2 employees at the property. He stated they may grow to
include a 3`d employee and there may be an applicant that will be there from periodically.
Commissioner Rogers asked what the business hours were going to be.
Mr. Fechtenburg stated from 8 a.m. to 5 p.m.
Commissioner Gustafson asked about the employees and confirmation that there will not be more than 3
employees at a time.
Mr. Fechtenburg stated that was correct and that the employees are dispatched from other locations to go
to client locations. He stated that they do not come to the office and then sent out to clients.
Commissioner McAllister asked how many parking spaces are on the property.
Mr. Fechtenburg stated that there are 3 concrete parking, one is handicap. He stated that there are 4 more
parking spaces that are marked and have wheel stops so 7 altogether. He stated that they probably could
park 10 vehicles but he does not see the need for additional parking.
4
Commissioner Niemiec asked what side of the building is narrow.
Mr. Fechtenburg stated the west side of the west side of the building is the narrow side. He stated that it
was used for parking by the previous tenant but it just wasn't enough. He stated that it is gravel and he
could park 6 cars.
Commissioner Niemiec asked if they provide training at this location and how many people would that
include.
Mr. Fechtenburg stated that they don't do large training sessions and the training would only include 1
person.
Commissioner Rogers asked if he would be renting out office space.
Mr. Fechtenburg stated he would not be renting out office space.
Chairman Krzyminski asked how many parking spaces are required as the building is now.
Senior Planner McGruder stated that the conditional use is for the use of the building, however one of the
conditions is they will have to provide sufficient parking based on the square footage of the building.
Action:
MOTION TO APPROVE Resolution No. 2021-028R made by Commissioner Gustafson.
Motion seconded by Commissioner McAllister. Passed 4-2.
With no further comments, Chairman Krzyminski adjourned the meeting at 7:21 P.M.
oMax4t airman
ATTEST -
Curt Henschel, Planning & Development Director