07.06.2021 P & Z MinutesCity of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
July 6, 2021
The meeting of the Planning & Zoning Commission was called to order on Tuesday, July 6, 2021 at 6:30
p.m. by Chairman Krzyminski. Members present were: David Colby, Jane McAllister, Joe Gustafson,
Max Krzyminski, Vincent Niemiec, Lavonte Rogers, and Chuck Seaver. Also present for City staff was
City Attorney Dan Mantzaris, Planning & Development Director Curt Henschel, Planning Manager John
Kruse, Senior Planner Regina McGruder, and Planning Coordinator Rae Chidlow.
MINUTES:
MOTION TO APPROVE the May.4, 2021 minutes of the Planning & Zoning Board made by
Commissioner McAllister. Motion was seconded by Commissioner Gustafson. Passed
unanimously.
MOTION TO APPROVE the June 1, 2021 minutes of the Planning & Zoning Board made by
Commissioner Rogers. Motion was seconded by Commissioner Seaver. Passed unanimously.
REPORTS FROM THE COMMISSION:
Commissioner Gustafson reported that he had an update for his request for the City to estimate the
revenue anytime a property is annexed into the City. He read part of the letter into the record stating that
the City is exploring his recommendations.
Commissioner Niemiec stated Lake County said the Winter Garden truck ban has been passed but they
are not putting it into effect. He stated that the County will try to expedite the funding for Hartwood
Marsh right-of-way and design process.
Commissioner Rogers mentioned having a workshop for the Planning and Zoning Commissioners and
City Council. He stated that being new on the commission he still has several questions.
Chairman Krzyminski stated that the name badge request was denied.
City Attorney Dan Mantzaris stated that City Council would like to have a joint meeting with Planning
and Zoning Commission to address some planning issues within the city and the roles of each member's
roles. He stated that they have selected three dates, August 3`d from 4:00-6:00 pm, August 4t1' early
evening, or August 31ti' from 6:30 to 8:30 pm. He asked what their consensus was towards the meeting
date.
The Planning Commissioners all agreed to the August 3' from 4:00-6:00 pm.
NEW BUSINESS
Item #1: Ordinance No. 2021-018 — Headquarter Honda Small-scale Comprehensive Plan
Amendment
Request: Consider a future land use amendment from Lake County Urban Low Density to Clermont
Commercial.
Item #2: Ordinance No. 2021-019 — Headquarter Honda Rezonin
Request: Consider a Rezoning amendment from Lake County C-P Commercial Planned to Clermont C-2
General Commercial.
Item #3: Resolution No. 2021-037R — Head uarter Honda CUP
Request: Consider Conditional Use Permit (CUP) to allow for construction of a vehicle storage/display
garage structure to be used ancillary to the existing Headquarter Honda dealership.
Senior Planner Regina McGruder presented the staff report for all three items as follows:
The applicant is requesting an annexation, small-scale comprehensive plan amendment, rezoning, and a
Conditional Use Permit (CUP) for the 3.12 acre+/- vacant parcel located on State Road 50 and the
southwest corner of Lake Boulevard. The requested Conditional Use Permit (CUP) will allow for the
construction of a four-story garage structure to be used in conjunction with the existing Headquarter
Honda Dealership. The conceptual site plan prepared by Tannath Design Group Inc, shows the layout of
the proposed structure and parking for the site.
The annexation petition to the City; also included a request to change the future land use from Lake
County Urban Low Density to Clermont Commercial designation. The proposed rezoning from Lake
County "C-P" Commercial Planned to Clermont "C-2" General Commercial, which requires a
Conditional Use Permit (CUP) to allow for any automotive sales, services, garages, dealerships, carwash,
boats, trucks, auto paint and body shops located in the "C-2" General Commercial zoning district, as
required by the Land Development Code, Section 122-224. The subject property is contiguous to
Clermont Boundaries and meet the requirements of Florida Statutes, Chapter 171 for Annexation.
The applicant indicates the proposed development will allow the existing Honda dealership the ability to
use the garage structure for expansion of automobile inventory, storage and display of new and used
vehicles at this location. The project will be required to provide cross access from the existing Honda
dealership, which shall be used as the primary access point for the public and any customers that utilize
the garage structure. The secondary emergency access point on Lake Boulevard will have a private and
gated access, to restrict and limit public use and to minimize any traffic impacts on Lake Boulevard.
The proposed development will be required to comply with Clermont Land Development Regulations and
Architectural Design Standards to allow for construction of the garage structure. The applicant has not
requested any variances to the code for construction. The adjacent parcel located to the west is within
Clermont boundaries and zoned C-2 General Commercial; and the current use is Headquarter Honda Auto
Sales and Services, the parcel located to the south and east of subject property is located in Lake County;
with an Urban Low zoning designation.
Staff recommends approval of Ordinance No. 2021-018, changing the future land use to Clermont
Commercial and approval of Ordinance No. 2021-019, and rezoning the subject parcel to C-2 General
Commercial zoning category. Staff also recommends approval of the Conditional Use Permit (CUP),
with the provisions and conditions contained in Resolution No. 2021-037R, to allow a garage structure to
be used ancillary to an existing automobile dealership located in the "C-2" General Commercial zoning
district.
Bryan Potts, Tannath Design, 2494 Rose Spring Drive, Orlando, stated that they agree with staff s
recommendations and would like to respond to any comments from the public.
Patrick Finnigan, 13653 Lake Boulevard, stated that Lake Boulevard is the only access to the
neighborhood of 200-250 homes and a very active boat ramp. He stated that it's going to add a lot of
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traffic to Lake Boulevard if the access road is utilized. He stated that Headquarter Honda already has a
traffic light and should not need access from Lake Boulevard.
Commissioner Rogers asked if there is any vacant lots in the area that could potentially bring more
housing to that neighborhood.
Mr. Finnigan stated that there are vacant lots available in the neighborhood.
Senior Planner Regina McGruder stated the Headquarter Honda has already stated that they are willing to
remove the access road if it's an issue.
Mr. Potts stated that if the access road is an issue they can remove that from the plan if allowed due to
emergency access.
Commissioner Gustafson stated that he believes the access road is required for emergency access.
Mr. Finnigan stated they should not build the access road at all.
Ryan Crouso, 13643 1st Ave., stated that when Honda originally built they did not annex into the City and
wanted to know why it's being reversed.
City Attorney Dan Mantzaris stated that he did not believe there is any reason why, it's just the way it
worked from a timing perspective.
Mr. Crouso asked if St. John's Water Management will have any say in this development.
City Attorney Dan Mantzaris stated that they will to the extent that they need jurisdictional permits from
any other entity, they will have to obtain those permits.
Mr. Crouso asked if the council meeting on July 27 is a public meeting.
City Attorney Dan Mantzaris stated that all Council meetings are open to the public.
Mr. Crouso asked if once annexed into city limits if water and sewer will be available to the development.
City Attorney Dan Mantzaris stated that city water and sewer is available to the development, and doesn't
have anything to do with the annexation.
Mr. Crouso stated that the neighborhood has wells and septic systems. He asked if the annexation would
create an enclave.
City Attorney Dan Mantzaris stated that he would have to look at map to make that determination.
Mr. Crouso stated that in the area where the access road is proposed, there is a lot of rain run-off. He feels
that with more development the run-off will become greater. He asked what the allowance is for overflow
on the retention pond area. He asked about lighting and about fencing or wall.
Mike Leo, 13436 Lake Boulevard stated he had two issues, one is the access road and the other is
drainage. He stated that from a safety stand point, if the access road was a driveway it appears to be too
close to SR 50. He stated he believes it should be 150 feet from SR 50 and it appears to only be 80 feet.
He stated he would like to have the access road removed from the development. If they keep the access
road for emergency he asked that it states that in the resolution. He stated that the storm water bypasses an
inlet that was built on SR 50 and flows down Lake Boulevard and into the lake. He stated that he requests
that all storm water to be contained onto their property.
Tim Jenkins, 17706 Jefferson Street, stated he has been there 27 years. He stated that Honda said they
would take care of the property across from his property. He stated the property has not been maintained.
He stated that there is trash all along the back of the property where trash is thrown over the fence. He
stated the property needs to be used for additional parking for the boat ramp.
Commissioner Niemiec asked Mr. Jenkins where his house was located.
Mr. Jenkins showed on the map where his house is located.
Anya Kaleshefski Cox, 13630 1" Ave., stated that they were concerned about the noise from the
Headquarter Honda. She stated that they hear noise till 11:00 pm from the loud speaker. She asked when
the deliveries will take place. She stated that the drainage does not go where it should go. She stated that
the water runs down to her property. She stated that Lake Boulevard is not wide enough to pass vehicles
pulling boats let alone larger vehicles. She does not object to the building as long as it's done with taste
and the water run-off issues are addressed.
Jacob Stephenson, 13108 South Sunset Terrace, stated that he does not have the effects of the congestion
however he wants to back the other resident's concerns. He stated that the impact to the homeowners is
what the site plan doesn't show is the nature area and this garage can cause an impact to the wildlife.
Connie Kraft, 13622 1st Ave., stated that there are tortoises in that area. She asked who is going to protect
them.
Mary Solik, 121 S Orange Ave., Suite 1500, Orlando, stated that staff has recommended approval of the
conditional use permit. She stated that the applicant will have to follow all the development land code and
architectural design requirements and standards through site plan approval. She stated Honda had not
heard about the complaint of the landscape issues prior to tonight. She stated that they will be addressing
the landscape issues. She stated that a wall is required to be built on the rear of the property. She stated
that there was a noise study at the time of the approval through Lake County and they don't use a loud
speaker system. She stated that with the drainage area behind the building actually buffered the noise
from the dealership and Highway 50. She stated that they will have to address the drainage issue.
Mr. Potts stated that there is a pond on the property that goes to the culvert up by Highway 50 that goes
under Lake Boulevard directly to John's Lake. He stated that they are required to obtain a permit to
relocate the tortoises before they can develop the property.
Ms. Solik stated that they will modify the site plan to close the access drive on Lake Boulevard. She said
that if the fire department requires a second access, they will install a gate for emergency access only.
Commissioner Seaver stated that his concerns about the access drive had been addressed.
Commissioner McAllister asked about the height of building and cut and fill for the property.
Ms. Solik stated the building height is 55 feet which meets code. She was not sure about the cut and fill.
City Attorney Dan Mantzaris stated that there were no variances requested so the applicant would meet
the cut and fill requirements.
Commissioner McAllister stated the property just south of the access drive doesn't seem to have a buffer
between it and the access drive.
Ms. Solik stated that this is just a conceptual plan and they are still required to go through the site review
approval process. She stated that one of the conditions is they are required to put up a wall and provide a
landscape buffer that is required by city code.
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Commissioner Gustafson stated there is a discrepancy on the number of stories and asked if it's a 3 story
or 4 story.
Ms. Solik stated that it is a 4 story building.
Commissioner Gustafson stated that the parking garage is going to be concrete which means there will be
more water running down Lake Boulevard.
Mr. Potts stated that they will be required to move the water from the parking area to the retention area.
He stated that he is not familiar with the current issue of water running down Lake Boulevard, but that
this project will remedy this issue.
Commissioner Gustafson asked about where the truck that delivers the inventory would enter and exit the
property.
Judy Farcus Serra, CFO Headquarter Automotive Group, 17700 SR 50, stated that they have an existing
ordinance stating where the deliveries are to be made and showed on the site plan. She stated that they are
not allowed to go behind the dealership.
Commissioner Gustafson asked what vehicles will be parked in the parking garage.
Ms. Serra stated that the vehicles that are part of the sales inventory will be parked in the parking garage.
Commissioner Gustafson asked how many vehicles a day would be moving in and out of the parking
garage.
Ms. Serra stated that they sell approximately 200 cars a month. She stated that it depends on the amount
of vehicles they sell per day. She stated they are not a 24 hour operation. She stated the parking garage
will protect their asset such as from a hail storm.
Commissioner Colby stated he is familiar with the area and his main concern is the access road. He stated
that is should be stated in the conditional use permit that it's for emergency vehicles only.
Commissioner Niemiec asked how many subdivisions/homes are in that area.
Senior Planner Regina McGruder stated that all the homes are in Lake County so she is not sure how
many are in that area.
Commissioner Niemiec asked who owns the parcel that they are discussing.
Ms. Serra stated that they are under contract with the current owners who are in bankruptcy.
Commissioner Niemiec asked what the length and width of the storm water pond.
Mr. Potts stated that this is just a conceptual plan. He stated that they have ordered the GEO tech and
topography so they can't design the storm water until they know where the water table is. He stated that if
they have to lose parking for a bigger pond that's what they will do.
Commissioner Niemiec asked what the hours of operation are. He asked if there will be cars parked on
the top level.
Ms. Serra stated that the hours is from 9 to 9 Monday through Friday. She stated that they would park on
the top level and would bring them in during storms. She stated she will have to pay a deductible for each
vehicle that is damaged.
Commissioner Niemiec asked how many parking spaces are inside the garage
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Mr. Potts stated 456 inside the garage and service parking.
Commissioner Niemiec asked if there will be lights on the roof of the parking garage.
Ms. Serra stated that they will minimize the amount of lighting that projects down onto the property.
Attorney Mantzaris stated that the lighting will addressed through site review.
Commissioner Rogers asked how long the building process will take.
Mr. Potts stated that if they get approved by City Council by the end of July, it will take about 4 months
for permitting so it will be in the last quarter or possibly beginning of the year before they start building.
Commissioner Rogers asked about storm water.
Mr. Potts stated that they will have to get topography and they are hoping that the required storm water
will fit in the area. He stated that they just won't know until they get the data.
Commissioner Rogers asked who will be parking in the outside area if employees aren't parking there.
Ms. Serra stated that parking area will be for additional inventory.
Chairman Krzyminski stated that this question is coming up due to on the plan the additional parking
states employee parking.
Ms. Serra stated that there is no need for employees to park in this area. She stated that she does not
foresee any need to add any additional employees.
Commissioner Niemiec asked about the height of the wall.
Commissioner Gustafson stated that there is a balancing act between developers and citizens. He stated
that maybe the applicant should meet with the citizens.
Action:
MOTION TO APPROVE Ordinance No. 2021-018 made by Commissioner David Colby.
Motion seconded by Commissioner Lavonte Rogers. Passed 6-1, with Commissioner Niemiec
opposing.
MOTION TO APPROVE Ordinance No. 2021-019 made by Commissioner David Colby.
Motion seconded by Commissioner Lavonte Rogers. Passed 6-1, with Commissioner Niemiec
opposing.
MOTION TO APPROVE Resolution No. 2021-037R amending the private gated access
driveway to state for emergency access vehicles only, made by Commissioner David Colby.
Motion seconded by Commissioner Jane McAllister. Passed 6-1, with Commissioner Niemiec
opposing.
With no further comments, Chairman Krzyminskead'o d the melting a 8:00 P.M.
hairman
1TTEST:
Rae Chidlow, Planning Coordinator
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