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10-06-2020 P & Z MinutesCity of Clermont MINUTES PLANNING AND ZONING COMMISSION October 6, 2020 The meeting of the Planning & Zoning Commission was called to order on Tuesday, October 6, 2020 at 6:30 p.m. by Chairman Herb Smith. Members present were: Herb Smith, David Colby, Joe Gustafson, Max Krzyminski, Tim Murry, Jane McAllister and Ebo Entsuah. Also present for City staff was City Attorney Mantzaris, Planning Manager John Kruse, Senior Planner Regina McGruder and Deputy City Clerk Lueth. MINUTES: MOTION TO APPROVE the August 4, 2020 minutes of the Planning & Zoning Board made by Board Member Entsuah. Motion was seconded by Board Member Colby. Passed unanimously. REPORTS FROM THE COMMISSION: There were no reports of the Commission. NEW BUSINESS Item #1: Ordinance No. 2020-30 Request: Encompass Health PUD Rezoning Planner Kruse explained that the item was being tabled due to legal advertising. Action: MOTION TO TABLE until November 3, 2020 consideration of Ordinance No. 2020-30 made by Board Member McAllister. Motion seconded by Board Member Murry. Passed unanimously. Item #2: Ordinance No. 2020-37 Request: Hooks Street/Skorman Multifamily Rezoning Planner Kruse introduced the item and the request to table. Action: MOTION TO TABLE until November 3, 2020 consideration of Ordinance No. 2020-37 made by Board Member McAllister. Motion seconded by Board Member Murry. Passed unanimously. Item #3: FRDAP Grant Public Hearin= Request: Hancock Park Playground Planner Kruse introduced Public Services Manager Joe McMahon to discuss the item. Mr. McMahon explained that the $50,000 funding would be used for new playground equipment. The current equipment is outdated and needs updating. The public was invited to comment on this item; no public chose to comment. Action: No Action Taken October 6, 2020 P&Z Meeting Minutes Page - 1 Item #4: FRDAP Grant Public Hearin Request: Kehlor Recreation Center Public Services Manager Joe McMahon informed the board that this is a $50,000 grant that will be used for the repairs and resurfacing of the tennis courts and to improve lining for pickle ball. This is a non -matching grant. Board Member Entsuah asked if this was for the park and not the building. Mr. McMahon confirmed that the money would be spent on the park only. Board Member Murry asked if there would be any money used for the shuffle board area. Mr. McMahon said that it was not currently in the plan, but that they are looking for opportunities to resurface and update that area. There may be an opportunity out of this grant funding. Board Member Gustafson asked for clarity if both grants were for $50,000 or just one. Mr. McMahon stated that each grant is for $50,000. The public was invited to comment on this item; no public chose to comment. Action: No Action Taken Item #5: Ordinance No. 2020-05 Request: CarMax Rezoning Senior Planner Regina McGruder presented the staff report as follows: This administrative request is being heard concurrently with requests for annexation and a large-scale comprehensive plan amendment. The City is requesting annexation of the subject parcel as authorized by the utility agreement with the property owner. The Notice of Encumbrance to Annex was executed on August 13, 2019. Lake County has approved and granted development entitlements for the property, which will be receiving water and sewer services from the City. The property, approximately 19.8+/- acres, has been approved for an automobile dealership, CarMax. City Staff has reviewed the proposed development as part of the JPA Agreement. The City will accept this development as approved with Lake County and as amended. The proposed rezoning is from Lake County Planned Unit Development (PUD) to Clermont Planned Unit Development (PUD), the related request for a comprehensive plan amendment would change the future land use from Lake County's Regional Commercial to the City's Commercial designation. Staff recommends approval of the rezoning to Planned Unit Development (PUD) with the conditions contained in Ordinance No. 2020-05.the item and staff report for the board. An updated ordinance was supplied the board members. The proposed rezoning from Lake County PUD to Clermont PUD. Staff recommends approval. Jimmy Crawford, 702 W. Montrose. — Applicants Representative. Mr. Crawford was present to answer questions on behalf of his client. Board Member Entsuah stated for the record that he has an issue with rezoning, but understands why it is being done. Board Member Gustafson asked that planning staff provide what the tax benefits to the City of Clermont is for annexation rezoning(s). Ms. McGruder stated that they currently do not have that information. October 6, 2020 P&Z Meeting Minutes Page - 2 Board Member Colby asked about business signage. Ms. McGruder stated that the any signage would have to comply with the conditions set for in the PUD or city code if the PUD is silent. She added that the business could also apply for a variance as other dealerships have done. The public was invited to comment on this item; no public chose to comment. Action: MOTION TO RECOMMEND APPROVAL to the City Council made by Board Member Gustafson. Motion seconded by Board Member Colby. Passed unanimously. Item #6: Resolution No. 2020-54R Request: Beloved Church Office CUP Senior Planner Regina McGruder presented the staff report as follows: The applicant is requesting a Conditional Use Permit (CUP) to allow for a church administrative office use, with ancillary support services for counseling and bible study in the CBD — Central Business District zoning district. The Land Development Code, Section 122-244 requires a Conditional Use Permit for the proposed use. The subject property is located at 705 West Avenue. The applicant proposes to occupy the building for a church administrative office as the primary use with limited counseling services and bible study for the church congregation. The maximum building occupancy shall not exceed 15 occupants at this location. The Land Development Code, Section 98-14 requires 0.5 spaces per four permanent seats, in the Central Business District. The proposed site can provide sufficient parking to accommodate this use. The proposed church office use will not be out of character with other business establishments in the surrounding areas. Staff has reviewed the application and finds the proposed use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity and the proposed use will comply with the regulations and provisions specified. Therefore, staff recommends approval of Resolution No. 2020-54R. Kevin Franklin, Beloved Church — Applicant. Mr. Franklin explained that this facility is for administrative office purposes and is not for worship services and is not to be used as a gathering space. Kristina Clark, 13221 Rainbow Lane - Ms. Clark Represents the owners of the building. They support the proposal. The public was invited to comment on this item; no public chose to comment. Board member Krzyminski asked the amount of parking spaces and if it would be enough for the amount of people in the congregation. Mr. Franklin answered that there would be public parking available and would only be used for meeting and admin uses and there gatherings generally happen outside of the buildings. Board Member Colby asked if this location's status as a church property would affect other zoning laws. Ms. McGruder replied that it would not affect any future buildings or businesses as this is being used for administrative offices. Action: MOTION TO RECOMMEND APPROVAL to the City Council made by Board Member Entsuah. Motion seconded by Board Member Murry. Passed unanimously. October 6, 2020 P&Z Meeting Minutes Page - 3 Item #7: Ordinance No. 2020-35 Request: Clermont Ridge Senior Villas CPA Senior Planner Regina McGruder presented the staff report as follows: The applicant, Provident Housing Solutions, is requesting a small-scale comprehensive plan amendment for the subject property located at 13625 North Jacks Lake Road. The parcel is approximately 7.75 +/- acres and is located north of Hunt Trace Boulevard and west of Oakley Seaver Drive. This request will be presented concurrently with the annexation and rezoning of subject property to a Planned Unit Development (PUD) for affordable senior housing. The applicant wishes to develop the property and utilize the City of Clermont utility services. The small-scale comprehensive plan amendment would change the Future Land Use from Lake County's Urban Medium to Clermont's High Density Residential designation. The Lake County's Urban Medium density allows up to seven (7) dwelling units per acre; and the Clermont High Density Residential Land Use allows up to twelve (12) units per acre. The applicant has indicated that because this project is for senior affordable housing with small one -bedroom units (approximately 400 square feet of living space), the increase of density of 12 units per acre; will allow construction of more units to increase the opportunity for more affordable housing in Clermont. The subject property is within 2,000 feet of the regional hospital (South Lake Hospital), medical offices, an assisted living facility, hotel, a public transportation network, and commercial shopping opportunities. In addition, within this vicinity are several other multi -family housing projects with up to 12 dwelling units per acre, such as the Madison of Clermont Apartments and the Lofts. The Future Land Use change is consistent with the goals, objectives and policies for the Clermont Comprehensive Plan and will not be out of character with the surrounding neighborhoods. Therefore, staff recommends approval of Ordinance No. 2020-35, to change the future land use from Lake County Urban Medium to Clermont High Density Residential. The public was invited to comment on this item; no public chose to comment. Action: MOTION TO RECOMMEND APPROVAL to the City Council made by Board Member Krzyminski. Motion seconded by Board Member Colby. Passed unanimously. Item #8: Ordinance No. 2020-36 Request: Clermont Ridge Senior Villas Rezoning Senior Planner Regina McGruder presented the staff report as follows: The applicant, Provident Housing Solutions, is requesting a rezoning of the subject property from Lake County Planned Unit Development (PUD) to Clermont Planned Unit Development (PUD), this request is being presented concurrently with requests for annexation and small scale comprehensive plan amendment. The applicant is requesting to annex into the City of Clermont and rezone to Planned Unit Development (PUD) to allow for development of the subject parcel as an age -restricted (62 and over) residential affordable housing project. The applicant is proposing 93 units on 7.75 +/- acres, located north of Hunt Trace Boulevard and west of Oakley Seaver Drive. The property is within 2,000 feet of the regional hospital (South Lake Hospital), October 6, 2020 P&Z Meeting Minutes Page - 4 medical offices, an assisted living facility, hotel, a public transportation network, and commercial shopping opportunities. The Clermont City Council on September 19, 2017, annexed the property located to the east of subject parcel and rezoned to a Planned Unit Development (PUD) to allow for construction of 70 affordable senior housing units, known as the Clermont Ridge Senior Villas, Phase 1. The proposed development will be similar in design and character to that development that is currently under review and construction. The Conceptual Site Plan, as designed, provides the layout of the buildings and parking on the site. The project will consist of up to 93 dwelling units, with a clubhouse and other amenities for the residents. The proposal is for residential use only with no commercial aspects are proposed. In addition, age -restricted residential development is exempt from Lake County School requirements for student capacity. The existing site is currently being used for a single family home. The purpose and intent of the Planned Unit Development (PUD) zoning district is to allow development standards flexibility that encourage complete living through creative designs and developments. The PUD zoning allows waivers for flexible development purposes. The applicant is requesting three (3) waivers/variances to the Land Development Code: (1) To allow for a minimum living space of 400 square feet per unit, the Code Section 122-183 requires a minimum of 600 square feet. (2) To allow for required parking spaces be calculated at 1.2 spaces for a 1 bedroom unit instead of the 1.5 spaces for a 1 bedroom unit as required by the Land Development Code Section 98.14. The project as designed will provide a minimum 143 parking spaces for the overall development. (3) To allow for retaining walls up to the maximum 10 feet height instead of the 6 foot height as required by the Land Development Code, Section 122.122.343. The applicant has indicated that they can serve the entire development with one central trash enclosure for solid waste collection. Staff has reviewed the application as submitted and finds the request does comply with the general requirements and special regulations for a Planned Unit Development (PUD) Staff finds the proposal meets the standards and provisions of Section 122-315, Review Criteria for a PUD. Therefore, staff recommends approval of Ordinance 2020-36. Steve Smith, 1323 Briarhaven Lane — Applicant. Mr. Smith explained the history of the project and the demand for Senior living rental properties. Mr. Smith explained that the land is surrounded by the city and would only make sense to annex into the city. The rental property would be age and income restricted to help the need of low income seniors. The public was invited to comment on this item: Sami Yakovetic, 4480 Powderhom Place Drive, asked if portions of the project are a 5010 and what precautions are being taken from the developers with safeguarding the air quality in the units. Mr. Smith stated they are a non-profit organization but the development would operate as a LLC and due to the challenges now presented by COVID, they are finding ways to create a safe way to put together activities and provide safety for its residents. Board Member Murry stated he was hesitant with 400 sq. ft. but was then satisfied with the increase in square footage in the ordinance. Mr. Murry mentioned he was also concerned with the amount of stairs to get to a residence with age of the residents. Mr. Smith explained that they will provide a lift for residents. Board Member Entsuah asked an estimated amount for rent for each unit. Mr. Smith estimated that rent would be around $700 but will be based on the average median income in Lake County. October 6, 2020 P&Z Meeting Minutes Page - 5 Chairman Smith asked the amount of handicapped bathrooms. Jim Arrington, Project Partner, explained that state law only requires 5% of units would have to be handicapped bathrooms and fair housing for ADA. Board Member Gustafson asked if the 5% is applicable to the age group or is universal. Mr. Arrington explained that the state does not require ADA units but ADA accessibility and the units would be convertible so that they may be able to provide it to those who may need more assistance. Board Member McAllister asked if the project is subsidized in any way and if utilities would be included. Mr. Smith explained that part of it will be subsidized and utilities would not be included. Board Member Colby asked for clarification on the facilities air quality. Mr. Smith explained that each unit would have its individual air unit as well as air filters used in shared amenity facilities. Board Member Krzyminski asked to confirm that this would be senior living and not assisted living. Mr. Smith confirmed that this would be senior living. Board Member Krzyminski asked if the management team would be living on -site and Mr. Smith confirmed. Action: MOTION TO RECOMMEND APPROVAL to the City Council made by Board Member Krzyminski. Motion seconded by Board Member Colby. Passed unanimously. Item #9: Ordinance No. 2020-33 Request: Land Development Code Amendment — Traffic Impact Study Planning Manager John Kruse presented the staff report as follows: This is a staff initiated code change to the Land Development Code to indicate an applicant's financial responsibility for the City's independent transportation consultant review of a Transportation Impact Study (TIS) when developing a project. This change also clarifies the Methodology and Guidelines for the three levels or tiers of review. In February of 2020, the City Council approved a bid award for transportation engineering consulting services with three firms. The submitted TIS by the applicant is rotated through these firms with a scope of services and a not to exceed amount for the review. The applications have been updated to reflect the cost of this review fee to the applicant. This code changes provides clarity in that the applicant will pay the review fee along with what tier level would be required for the study. Staff recommends approval of this change. The public was invited to comment on this item; no public chose to comment. Action: MOTION TO RECOMMEND APPROVAL to the City Council made by Board Member McAllister. Motion seconded by Board Member Gustafson. Passed unanimously. October 6, 2020 P&Z Meeting Minutes Page - 6 City of Clermont Minutes Planning & Zoning Commission October 6, 2020 With no further comments, Chairman Smith adjourned the meeting at 7:32 P.M. ATTEST: Q7A�- Q?)rnyruse, Planning Manager October 6, 2020 P&Z Meeting Minutes Page - 7