04.06.2021 P & Z MinutesCity of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
April 6, 2021
The meeting of the Planning & Zoning Commission was called to order on Tuesday, April 6, 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
Attorney Jack Morgeson, Planning & Development Director Curt Henschel, Planning Manager John
Kruse, Senior Planner Regina McGruder and Planning and Development Coordinator Nicholas Gonzalez.
MINUTES:
Commissioner McAllister asked for a revision to the minutes changing the motion from "motion to
approve" to "motion to table" for Ordinance 2021-010.
MOTION TO APPROVE the March 2, 2021 minutes of the Planning & Zoning Board with the
revision made by Commissioner McAllister. Motion was seconded by Commissioner Gustafson.
Passed unanimously.
REPORTS FROM THE COMMISSION:
Commissioner Niemiec updated the Commission regarding the Winter Garden truck ban with their
upcoming meeting. Commissioner Niemiec also inquired if the Commission is able to get business cards
and asked the Chairman to further look into it. Commissioner Gustafson supported this request due to
having some representation when meeting with applicants or citizens within the community.
Commissioner Gustafson reported that he met with staff to discuss the items on tonight's agenda.
NEW BUSINESS
Item #1: Resolution No. 2021-015 — Florida Discount Self Stora a CUP
Request: Consider Conditional Use Permit (CUP) to allow for the expansion of an existing self -storage
facility located at 2300 Hartwood Marsh Road.
Senior Planner McGruder presented the staff report as follows:
The applicant is requesting a Conditional Use Permit (CUP) to allow for the expansion of an existing self -
storage facility. The proposed expansion to the site would include four additional warehouse/storage
buildings and outside parking/storage for large vehicles including recreational vehicles, boats and other
commercial vehicles. The C-2 General Commercial zoning category, Section 122-224 of the Land
Development Code requires a Conditional Use Permit to allow a residential self -storage permitted use,
including any expansions to the site. The City Council approved a Utility Service Agreement in February
2005, as part of the JPA review process and the property was granted final approval for a development
permit in Lake County's jurisdiction. On July 25, 2006 the subject parcel was annexed into the City of
Clermont's boundaries (Ordinance No. 559) as approved and existing with Lake County development
entitlements.
The applicant is also requesting a variance to allow up to 20 feet of cut and fill because of the existing
topography grade changes on the parcel. The Land Development Code, Section 94-195, allows elevation
changes in topography shall be limited to a 15 feet maximum for commercial development, the applicant
has indicated the maximum cut and fill that exceed the code requirements will be approximately 18.7
percent of the overall total parcel. The request for a variance shall be presented concurrently with the
Conditional Use Permit at a meeting before the City Council.
The proposed project will be required to comply with Clermont Land Development Regulations and all
buildings shall be designed in accordance to Clermont Architectural Standards.
Staff has reviewed the application and proposed project in regards to Section 86-144 Review Criteria for a
Conditional Use Permit. The self -storage facility is existing and the proposed expansion to the site will
not be detrimental to the health, safety and general welfare of the community. The use of the site is not
changing and the proposed expansion will allow the maximum development intensity for the property.
The self -storage facility is considered a low traffic generator and because there are no request for a
change of use, any additional traffic impacts should provide a minimum increase to the existing traffic on
Hartwood Marsh Road. The Conditional Use Permit will not be in conflict to the Clermont
Comprehensive Plan and is consistent with the goals, objectives and policies for Commercial Land Use.
The property has access to major road networks and the applicant will be required to coordinate with
Lake County Public Works for the installation of future sidewalks along any right of ways. The City's
water and sewer service has sufficient capacity to serve the proposed expansion to the site.
Staff recommends approval of Resolution No. 2021-015R.
Chairman Krzyminski turned it over to the Applicant/Representative to present their request.
John Frith, 8811 Great Cove Drive, Orlando, engineer for the project was present to answer any questions
from the Commission.
The public was invited to comment on this item; no public chose to continent.
Chairman Krzyminski brought it back to the Board and entertained a motion.
Commissioner Seaver asked if there was any follow up from the City to make sure the project has
coordinated with Lake County regarding the sidewalk installation. Senior Planner McGruder explained
that the applicant, the City, and the County are all involved during the Site Review process but it is up to
the County for installation because of future roadway improvements that are planned. Commissioner
Seaver asked if the certificate of occupancy would be given before the County's follow up on the project.
Senior Planner McGruder explained that in some instances the certificate of occupancy is given before as
long as the County and applicant have made an agreement of when the sidewalks need to be done.
Commissioner McAllister asked staff where the new parking would be constructed. Senior Planner
McGruder pointed out the designated RV parking in the expansion plan. Commissioner McAllister stated
that she supports the project and is happy to not see more homes constructed on Hartwood Marsh Road.
Commissioner Niemiec asked what the current traffic that is being generated before the expansion. Mr.
Frith did not have an exact number but stated that this project is a low traffic generator. Commissioner
Niemiec asked if the parcel east of the project is owned by the applicant. Mr. Frith stated that the
applicant owns that property and is in discussion with the Fire Department for a temporary location while
improvements are made to the fire house on Hartwood Marsh. Commissioner Niemiec asked when the
expansion would be completed. Mr. Frith stated that they would want to be completed by the end of the
year.
Commissioner Rogers asked how long has this business been in that particular area. Senior Planner
McGruder stated that the project received annexation in 2006 and received the County's site plan
approval in 2005. Commissioner Rogers does not believe this project will bring additional traffic and is in
support of the expansion.
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Chairman Krzyminski disclosed he rents units from the existing project but has not discussed the project
with the applicant. Chairman Krzyminski stated that when he is at the location, there may be one other car
at the location as well.
Action:
MOTION TO APPROVE Resolution No. 2021-015R made by Commissioner McAllister.
Motion seconded by Commissioner Gustafson. Passed 7-0.
Item #2: Ordinance No. 2021-010 --Graff Buildinp, Rezonin
Request: Consider ordinance to change the zoning from Central Business District (CBD) to Planned Unit
Development (PUD) for a Mixed -use Residential and Office Project.
Planner Manager Kruse presented the staff report as follows:
The applicant, Mark Graff, is requesting a rezoning to a Planned Unit Development (PUD) to redevelop
the subject parcel into a three-story mixed -use project consisting of 10 residential apartments and office
use. The property is located at 872 West Minneola Avenue and is approximately 13,500 square feet in
size. Each floor in the building will be 4,540 square feet, for a total of 13,620 square feet in the building.
The applicant has provided a concept site plan showing the proposed building, parking, landscape area
and other aspects of the project.
The first floor will be office use and common use, such as elevator, electrical rooms, etc. The second and
third story will consist of five residential units on each floor, ranging from one -bedroom apartments
starting at 600 square feet up to two -bedroom apartments at 944 square feet. The proposed square footage
meets the minimum for dwelling unit size in the Central Business District.
The applicant is requesting the use of a density bonus in the Central Business District, as outlined in
Section 122-249 of the Land Development Code. The applicant is requesting three additional units
through the density bonus over the seven units permitted under the code. Bonus density may be awarded
to a project based upon successful compliance with one or more of the eight criteria listed in Section 122-
249 through a Community Benefit Agreement (CBA). The applicant, in his community benefit
agreement offer, has agreed to fully contribute to the cost and installation of nine public parking spaces
along Minneola Ave. The City's costs for these spaces has been calculated to be $29,286. The nine
spaces will not be reserved for the project and will be open to the public. The CBA is included in the
packet.
The applicant is requesting three waivers to the land development code. The waivers include a reduction
of five (5) on -site parking spaces, a reduction in the landscape buffer from ten feet to seven feet around
the parking area, and the ability to irrigate the landscape from the potable water system. The Staff
Analysis Report has a more in-depth review of the project and is attached.
Staff has reviewed the application and proposed project in regards to Section 122-315 Review Criteria for
a Planned Unit Development. The location is suitable for a mixed -use project consisting of residential
and office use since the future land use of Downtown Mixed Use allows this type of land use. The
property has access to major road networks and the trail system. The City's water and sewer service will
be required in order to develop the property and capacity is available to serve the project. The project is
located within walking distance to many of the amenities and services offered by downtown. School
concurrency shall be met as a requirement prior to site plan approval. The proposed project allows
redevelopment of an obsolete structure and site to an urban setting. Staff is able to support the request
and recommends approval of Ordinance 2021-010.
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Chairman Krzyminski turned it over to the Applicant/Representative to present their request.
Mark Graff, 1944 Brantley Circle, developer of the project. Mr. Graff gave a backstory of the City's
Master Plan and the investment that has been going downtown by the City and local developers. He stated
that one of the biggest needs was to include residential within the downtown because it was critical for a
downtown to thrive. Mr. Graff stated that the only 3-story building in downtown is City Hall that was
built in 2003 and this project would be the first 3-story building to be built in downtown by a private
developer and would be a great improvement to what is currently on the property. Mr. Graff also included
that they will be contributing to the parking by purchasing 9 spaces which would include the 4 spaces in
front of the building that was not included in the Master Plan. Mr. Graff showed a plan of all the added
parking spaces on Minneola and West Ave through the Master Plan and stated that in total there would be
77 street parking around the area. The parking lot would be a shared use between the tenants and business
owners.
The public was invited to comment on this item;
Randy Evenden, 2430 Woodward Hill Court, stated he liked the commercial aspect of the project to bring
in new business in the downtown but would want the Commission to consider the apartments because of
the multiple apartment projects that are already in the process within the City.
Victor Berriel, VP Developments 752 W. Montrose St., stated that as a local developer in downtown he
believes that projects such as Mr. Graff s proposal is a need in order to have people come into the
downtown and will be helpful for more developers to invest into the downtown. He stated that these
luxury boutique apartments will be different than other apartments that are being developed and would be
a great addition to the downtown.
Chairman Krzyminski brought it back to the Board and entertained a motion.
Commissioner Seaver stated that he liked the building but parking is the issue and doesn't believe that it
would be relieved with the additional parking being added. He expressed the concern for growth in a
downtown is when parking becomes an issue and people would then not want to visit. Mr. Graff stated
that most city centers have a parking problem and that would suggest a downtown and businesses are
thriving. He stated a similar situation in parking problems in Winter Park and Winter Garden. He also
stated that the inquiries of a parking structure will alleviate the parking problem but should not deter
development within the downtown and should be open to the concept of shared spaces from day time and
night time traffic downtown. Commissioner Seaver shared that he is happy to see downtown thriving but
still shares his concern with overcrowding and a balance with development.
Commissioner McAllister stated that she has been an advocate for a parking structure downtown and
believes that having a parking problem is a good thing to have in a downtown and likes the project. Mr.
Graff stated that with the City hiring a consultant for developing a parking structure is a good sign.
Commissioner Gustafson stated the project aligns with the Master Plan objectives by bringing in
investment by private developers. He stated that the parking problem would be alleviated by a parking
structure but does not know how long that timeframe would be but has seen technology in cities that an
app that would locate any vacant spaces. Commissioner Gustafson asked if the building would be
sprinkler installed. Mr. Graff confirmed that the building would be sprinkled.
Commissioner Colby stated that this would be a great addition to the improving but not yet thriving
downtown. He also stated this project would be an improvement on what is existing on the property and is
in full support of the project.
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Commissioner Niemiec asked staff what the maximum height allowed for a 3-story building. Planning
Manager Kruse stated that in the Central Business District the maximum height allowed is 55 ft.
Commissioner asked the applicant what the height of the proposed building. Mr. Graff answered that it
would be less than 55 ft. Commissioner Niemiec expressed his concern for parking and asked if the
highlighted portion of parking diagram was already designated from the Victory Pointe Apartments.
Planner Manager Kruse explained that the Victory Pointe project received a variance on parking but the
spaces are not designated for that project. Mr. Graff also stated that the Victory Pointe project also added
additional parking along Victory Way. Commissioner Niemiec asked how many total cars 10 apartments
would have. Mr. Graff stated that the city code states 1.25 per 1-bedroom and 1.5 cars per 2-bedroom
apartment. Commissioner Niemiec asked how long it would take to complete the project. Mr. Graff
explained that approval, design, and construction process and can be completed 14-15 months.
Commissioner Niemiec asked how much would be the rent for the apartments. Mr. Graff stated that it was
premature in the process but approximately $1,500 for the 2-bedroom and $1,250 for the 1-bedroom.
Commissioner Rogers asked if the applicant has discussed the project with the neighboring properties and
the concerns with traffic during the construction process. Mr. Graff spoke with the owners of the nail
salon and wanted to buy the property but they weren't ready to sell but was excited about the project and
the increase in property value. Mr. Graff stated that he purchased excess land from the City and the
property values of downtown has increased and was able to sell it to another developer that is looking to
invest in downtown. Commissioner Rogers asked staff if they were aware of a timeframe of building a
parking structure. Planning Manager Kruse stated that it would be up to the council and contains many
variables but are moving in the right direction. Mr. Graff also stated that the current dilemma with trash
collection has an effect on the parking as well. Mr. Graff showed the original plan that was presented to
staff that included parking cans with 2 additional spaces instead of a dumpster that staff required. Mr.
Graff also stated that having a dumpster is unappealing to a project and causes a stench from improper use
of dumpster lids. He plans on creating a structure with a roof around the dumpster but has concerns with
the trash collection service tearing out the roof if they are not being careful in the disposal of the
dumpster. Commissioner Rogers also shared concern on the corner of West Ave with the multiple
projects that have been approved by Council and during the day has become difficult to find parking and
asked where he would plan to have his staff park. Mr. Graff stated that he plans to have his staff park
away from the building for customers to park in the parking lot. Commissioner Rogers asked what would
happen if tenants work from home and do not leave the parking lot. Mr. Graff believes they would have
sufficient amount of parking with the on -street inventory in the surrounding area.
Chairman Krzyminski disclosed that he spoke with Mr. Graff regarding the project. Chairman
Krzyminski had some concerns with the water system but understands that staff is on board. Chairman
Krzyminski stated he appreciates the solution of paying for parking spaces and asked Mr. Graff if he has
had a demand for apartments. Mr. Graff stated that there is a demand in the downtown with an increase in
traffic but very little residential being offered at the moment. Chairman Krzyminski asked how the office
incubator would be operated. Mr. Graff stated that this would be an efficient design for people looking for
a single office space for either a law office, therapy, clients that are in a work from home setting, etc. with
shared spaces and conference room.
Action:
MOTION TO APPROVE Ordinance No. 2021-010 made by Commissioner McAllister. Motion
seconded by Commissioner Colby. Passed 6-1. Commissioner Niemiec voting in denial.
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Item #3: Ordinance No. 2021-013 — Disston Duplexes PUD Rezonin
Request: Consider ordinance to change the zoning from R-3 Residential/ C-1 Light Commercial and C-2
General Commercial to Planned Unit Development (PUD) for vacant parcels located at the corner of
Disston Avenue and Almond Street.
Senior Planner McGruder presented the staff report as follows:
The applicant is requesting a rezoning to a Planned Unit Development (PUD) to allow for development of
six (6) two-family styled housing units, with the maximum not to exceed 12 units for the entire site. The
applicant has provide a Conceptual Site Plan prepared by Germana Engineering, showing the proposed
buildings, parking, landscape areas and access points for the property.
The conceptual site plan identifies that each unit will be two bedrooms with an attached single car garage
and provide approximately 1,300 square feet of living space. The Land Development Code, Section 98-
14 requires two parking spaces for each two -bedroom residential unit. The applicant has identified the
garages and a driveway to meet the parking requirements. The proposed project layout as designed does
not comply with the Land Development Codes. The Future Land Use is Commercial, which allows the
maximum of 12 units per acre. The proposed project is similar in design and comparable to a smaller
apartment community, which is required to provide onsite dumpsters with enclosures to meet the refuse
and collection needs of the proposed housing development. The project as designed does not provide any
onsite dumpsters. The applicant is requesting the 12 units use curbside pickup from the adjacent streets,
therefore, each week the residents would be required to place City trash containers and recycling bins at
the curbside of the local streets for collection. The very large containers located curbside each week may
be considered a nuisance to adjacent property owners and the community.
In addition, the proposed development concept plan has proposed the internal access streets and curbs are
21 feet wide, and the code requires all internal access streets/egress points including the curb must be a
minimum of 24 feet wide. The proposed 21 feet width for the internal streets are less than the permitted
development standards and may not be able to accommodate large trucks and emergency vehicles in the
community. The code requirements for the minimum 24 feet width for streets and access points will
provide a safe traffic flow pattern, which allows vehicles the ability to safely maneuver and exit the
property.
Staff has reviewed the application and proposed project in regards to Section 122-315 Review Criteria for
a Planned Unit Development. The proposed project as designed does not comply with the Land
Development Regulations and general requirements for granting a Planned Unit Development (PUD).
The Code requires all PUD Site Development Plans be designed in a manner that provide a complete
living environment that is designed to provide quality development that will enhance and creates a
uniform development pattern that complies with the general requirements and regulatory process for
approval of the project.
Staff recommends denial of Ordinance No. 2021-013, or Staff can make a recommendation to approve the
PUD with the conditions contained in the PUD Ordinance which requires the proposed development shall
be constructed in compliance with all building and fire safety code requirements and all provision of the
Land Development Regulations.
Chairman Krzyminski turned it over to the Applicant/Representative to present their request.
Bob Thompson, 11905 Egret Bluff, developer of the project stated he developed similar projects nearby
such as Cherry Knoll and The Willows and it was done by a PUD. Mr. Thompson asked the commission
to not use a dumpster because it is not a commercial development but a residential community and
dumpsters can become difficult to maintain because they attract animals and most often have to pay
additional fees because people outside of the community would use it as a dump. Mr. Thompson stated
that his mentioned developments all have drive aisles of 20 ft. wide or under and doesn't believe that the
proposed 21 ft. would not be an issue for parking and is also willing to pour out slabs for the tenants to
bring out trash cans instead of having a dumpster. Mr. Thompson stated that Chris Germana is present for
any questions regarding the site and turn radius.
The public was invited to comment on this item.
Otis Taylor, 3686 Caladesi Rd, stated that he would like to see the project reduce the number of units so
that it would be more spread out. He also asked where the sidewalks and amenities for children to play
and would like to see a project more family friendly. Mr. Taylor also expressed concern of access for the
large fire trucks the city now has.
Chairman Krzyminski brought it back to the Board and entertained a motion.
Commissioner Rogers asked if this community would be a 55 and up community. Mr. Thompson said it is
not and open to anybody but would want to qualify tenants that are single or a divorcee with one car that
are financially able to afford the units and the units would rent at $1,100 to $1,150 range. Commissioner
Rogers stated that these are 2 bedroom units with one parking spot in the garage and the other in the
driveway and asked where there would be overflow parking for a unit that would have 4 cars and
accommodation of guests. Mr. Thompson stated that based on experience guests are able to still park on
the drive aisle and traffic would still be able to go through. Commissioner Rogers asked where the trash
cans would be located for pickup. Mr. Thompson stated the pickup area would be off Disston. Chairman
Krzyminski asked if tenants were responsible to walking their cans onto Disston. Mr. Thompson
confirmed that would be the case. Commissioner Rogers asked how an Emergency vehicle would be able
to get in the project if cars were parked on the drive aisles. Mr. Thompson stated that they qualify there
tenants and half of the units would be rented by people with one car.
Commissioner Colby is concerned with the noncompliance with the developer and staff before it has
come to the commission. Commissioner Colby stated that seeing this many issues this early in the process
will deter him from supporting this project.
Commissioner Gustafson expressed his concern with the drive aisles, parking and access for a large
emergency vehicle. He also expressed his concern with residents walking out their garbage to Disston and
cannot support this project with the current design and would hope that the applicant can work further
with staff.
Commissioner McAllister agreed with the consensus expressing concern for emergency vehicle access.
Commissioner McAllister asked if there were any internal sidewalks and if there was any room for
widening the drive aisles. Mr. Thompson asked if he was able to widen the road would he be able to get
leniency on the dumpster. Mr. Morgeson advised the commission's primary role is to discuss and vote on
what has been presented by the applicant and staff and not to veer into negotiations at this current time.
Mr. Thompson stated he is willing to widen to 24 ft. drive aisles. Commissioner McAllister stated it is not
up to the commission to give the applicant leniency on the dumpster.
Commissioner Niemiec stated that his concern is the emergency vehicle access having previous
experience with a Fire truck not being able to access a house because a car was parked too far into drive
aisle. Commissioner Niemiec asked where they would get the room to widen the access to 24 feet. Mr.
Thompson stated they would take away 1.5 ft. from each building on both sides of the street.
Commissioner Niemiec stated that there would be 24 garbage cans including the recycling bins and is
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concerned with location of the bins. Commissioner Rogers asked if they are able to put a lock on the
dumpster. Mr. Thompson stated that people will still throw it over the fence and dumpsters has become a
nuisance.
Chairman Krzyminski stated that trash has become an issue in the city and asked if decreasing the number
of units would make sense so there wouldn't be a necessity for a dumpster. Mr. Thompson doesn't
believe the density is the problem and the previous project presented was a higher density. Chairman
Krzyminski mentioned that the previous project worked with staff in their presentation. Mr. Morgeson
advised the commission not to compare other projects with the current project that was presented. He
stated that commission's responsibility is to recommend the approval or denial on what has been
presented tonight so that Council will have a clean record from the Commission without negotiations.
Commissioner Gustafson recommends that the applicant continues to work with staff to find solutions
before presenting to the Council. Senior Planner McGruder stated that if the applicant is willing to abide
by the Land Development Regulation requirements then staff would be able to recommend approval to
Council.
Chairman Krzyminski asked if there was any affordable housing aspect and whether there would be any
association that would prohibit on -street parking. Mr. Thompson stated there is no affordable housing but
open to anyone to rent and the project would be privately owned so there would be no HOA. Chairman
Krzyminski asked how they intend to qualify tenants and cautioned the applicant because the Fair
Housing Act forbids to qualify a tenant based on marital status. Mr. Thompson stated that they have the
right to not rent out a unit with 3 cars or 4 children because his property does not support that capacity.
Mr. Morgeson advised the commission to stay on task regarding the zoning of the project.
Action:
MOTION TO DENY Ordinance No. 2021-013 made by Commissioner Colby. Motion seconded
by Commissioner Rogers. Passed unanimously.
With no further comments, Chairman Krzyminski adjourned the meeting at 8:23 P.M.
ATTEST:
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