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08.03.2021 P & Z MinutesCity of Clermont MINUTES PLANNING AND ZONING COMMISSION August 3, 2021 The meeting of the Planning & Zoning Commission was called to order on Tuesday, August 3, 2021 at 6:30 p.m. by Chairman Krzyminski. Members present were: Chairman Max Krzyminski, Lavonte Rogers, Vincent Niemiec, David Colby, Joe Gustafson, Jane McAllister, 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 April 6, 2021 minutes of the Planning & Zoning Board made by Commissioner McAllister. Motion was seconded by Commissioner Colby. Passed unanimously. MOTION TO APPROVE the July 6, 2021 minutes of the Planning & Zoning Board made by Commissioner Rogers. Motion was seconded by Commissioner Colby. Passed unanimously. REPORTS FROM THE COMMISSION: Commissioner Rogers stated that he appreciated the joint workshop meeting with City Council. Commissioner Niemiec stated that he also felt the meeting was very informative. He stated that construction is starting on Hartwood Marsh Road. Commissioner Colby stated that he felt the workshop was good. He stated that he would like to see that more often. Commissioner Gustafson stated that he also appreciated the workshop and would also like to see more of these kinds of joint meetings. Commissioner McAllister stated she also appreciated the workshop. Commissioner Seaver stated that the workshop provided good information. Chairman Krzyminski stated that he concurs with other Commissioners. NEW BUSINESS Item #1: Ordinance No. 2021-020 — Realty Professionals of Florida Rezonins Request: A request for a rezoning from "C-2" General Commercial to Planned Unit Development (PUD) to allow for the installation of a barbed wire fence in a commercial district. Senior Planner Regina McGruder presented the staff report for all three items as follows: The applicant is requesting for rezoning of the subject property from "C-2" General Commercial to Planned Unit Development (PUD), to allow for the installation of barbed-wire fence materials for a commercial property instead of the requirements of the Land Development Code, Section 122-343, which prohibits any barbed wire and razor wire fence materials in residential and commercial districts. The current use is commercial office. The use of barbed-wire fencing is only permitted for M-1 Industrial zoning and uses. The code permits fences and walls up to a six (6) foot height for any commercial development. The applicant indicates the reason for the request is to prevent theft and property vandalism at this location. The Planned Unit Development (PUD) zoning allows waivers and variances to the Land development regulations as part of the standards for the development plan, without the requirement of any additional public hearings. Staff finds the PUD rezoning request to allow barbed wire fencing is out of character with the surrounding area and existing development patterns. The proposed use of barbed-wire fencing at this location; may be considered as undesirable and unconventional for the use of commercial property. The State Road 50 Corridor is the primary east -west thoroughfare through the City and the gateway to the Clermont Downtown District, which is designed to create and provide an attractive and viable physical environment to retain and attract commercial businesses along the corridor. The City, along with private development has invested resources and revitalization efforts in the area to promote and encourage a cohesive and aesthetically pleasing commercial gateway along Highway 50. The barbed-wire fence at this location is inconsistent with those redevelopment initiatives and efforts. Staff acknowledges the need to protect all business in the City from any type of criminal activity and violations, but no other businesses in the area have reported any problems. The applicant may have the option of securing items inside the buildings or a secured storage facility to prevent this type of criminal element. The use of barbed-wire fencing along the corridor is extreme and out of character with the existing business and commercial office uses in the area. The applicant does have the ability to install a commercial wall up to six foot high to provide for additional privacy and protection for the property. STAFF RECOMMENDATION: Staff has reviewed the application and proposed use in regards to the purpose and intent for Planned Unit Development (PUD) zoning and the requirements for 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. Particularly, the proposed use Is inconsistent with Section 122-315 (2) (c) in which the use would be considered as undesirable at this location. Therefore, Staff recommends denial of Ordinance No. 2021-020, rezoning request of the subject property from "C-2" General Commercial to Planned Unit Development (PUD) to allow for the use of barbed-wire fence materials for a commercial property Staff recommends denial of Ordinance No. 2021-020. 2 Harvey Rosenberg stated that one of the businesses is a landscaping business. He stated that he has been robbed 4 times in the last 8 months, costing over $20,000 in losses. He stated that his business backs up to Lincoln Park and there is crime in that area. He stated that he has been in touch with the police department. He stated that the barbed wire went up after the fourth robbery. He stated that he got hit one more time after the barbed wire and they have blood evidence. He stated they had no more crimes since. He stated that as an owner of property he has the right to protect his property. He stated that he also has security lights and cameras. Otis Taylor, 3686 Caladesi Road, stated that he takes offense that he points out that this property is backed to Lincoln Park as if Lincoln Park is creating the issue. He stated that the City should not set a precedence for barbed wire. Planning and Development Services Director Curt Henschel stated the applicant cannot move forward with a variance due to the fact the code does not allow barbed wired at all. Commissioner Seaver asked if the barb wire was still in place. Mr. Rosenberg stated that the barb wire is still in place and he has not been robbed since. He spoke to Mr. Taylor stating that he would like to apologize to him and did not mean it in any way shape or form. He stated he is not insinuating that it's a bad place but it does have high crime. Commissioner McAllister stated that she spoke to Clermont Police Department and they stated that he has been robbed two instances in the past year. She stated that there are other ways to secure their property. Mr. Rosenberg stated that you can't run a business if you take on additional expenses for security. He stated that it does not look bad. Commissioner Gustafson asked what type of property is being stolen. Mr. Rosenberg stated that they have landscaping equipment that is being stolen out of the locked trailers. He stated the last instance they jumped over the fence and the police chased them. He stated that the Cabbage Patch and The Fish House has also been robbed. Commissioner Gustafson asked how they are stealing the lawn mowers. Mr. Rosenberg stated that it's the hand tools such pole saws and weed eaters. Commissioner Gustafson stated that he does not want to create a precedence. Commissioner Colby asked what the size of the enclosure is. Mr. Rosenberg stated that it is about 40 x 60. Commissioner Colby asked about the screening being transparent. 3 Mr. Rosenberg stated that it is transparent due to the city requirements. He stated that the screening cannot be solid. He stated that it is a cloth screening. He stated that the screening looks worse than the barbed wire. He stated that he was required to put in landscaping that was just installed and will grow and eventually cover all of the fencing. Commissioner Niemiec asked if the building has been broken into. He stated that he also called Clermont Police Department and they also told him there were 2 instances. Mr. Rosenberg stated that the building has not been broken into. He stated that it might only be 2 instances in this year, but there has been 4 total instances. He stated that the barbed wire has deterred the crime. Commissioner Niemiec asked how many cameras are on the lot. Mr. Rosenberg stated that there are 4 cameras that covers every side of the fenced area. Commissioner Rogers asked if he's had any complaints from neighbors about the barbed wire. Mr. Rosenberg stated that he received more complaints when the landscape equipment was out in the open, but none since he has installed the fence and landscaping. Chairman Krzyminski stated that he sees he is doing everything he can to make things in order to not need the barbed wire. He asked when the lights and cameras get installed. Mr. Rosenberg stated that he started with the fence and within the month he put in the screening and landscaping. He stated that he installed flood lights and cameras immediately. He stated that he even has signs up stating that he has video surveillance. He stated that after the 3rd crime he had the barbed wire put up. He stated that he had his equipment at a storage facility and that is where the first robbery happened. At that time he moved the equipment to his property. He stated he has not been robbed since the barbed wire was installed. He stated he is going through the process and spending the money to change the zoning so that he can stay within the rules. Action: MOTION TO APPROVE Ordinance No. 2021-020 made by Commissioner David Colby. Motion seconded by Commissioner Lavonte Rogers. Passed 5-2, with Commissioners McAllister and Gustafson opposing. Item #2: Ordinance No. 2021-023 — Disston Duplexes Rezonin Request: Consider a Rezoning amendment from Lake County C-P Commercial Planned to Clermont C-2 General Commercial. Senior Planner Regina McGruder presented the staff report for all three items as follows: The applicant is requesting a rezoning to a Planned Unit Development (PUD) to allow up to six (6) two-family duplex styled Housing units, with a maximum, not to exceed 12 units for the entire site. The current property zoning is R-3 Residential Professional, C-1 Light Commercial and C-2 General Commercial with a Commercial Land Use designation. The 1.39 acres consist of several 4 lots, which will be combine to create one developable lot for the project. The Commercial Land Use requires densities higher than eight units shall require a Conditional Use Permit or certain housing types shall be allowed with a PUD consistent with the Land Development Regulations. The applicant has submitted a Conceptual Site Plan prepared by Germana Engineering, showing the proposed buildings, parking, landscape areas and access points for the property. The City Council on June 8, 2021, denied (Ordinance No 2021-013) a Planned Unit Development (PUD) rezoning request to allow up to 12 two-family duplex style -housing units with several waivers and variances to the land development codes. The applicant has redesigned and made substantial changes to the conceptual layout for the proposed development. The concept plan identifies that each unit will be two bedrooms with an attached single car garage and provide approximately 1,200 square feet of living space. The Land Development Code, Section 98-14 requires two parking spaces for each two -bedroom residential unit. The plan has identified the garages and driveway parking for compliance of the parking requirements. The project as designed shows two additional onsite guest or visitor parking spaces for the development. The proposed project layout as submitted, does not request any variances or waivers to code, and will be required to comply with the Land Development Regulations, and any fire and building safety codes for development. The project will also be required to meet Clermont Architectural Design Standards for any buildings The project as designed has provided an onsite dumpsters with enclosures to meet the refuse and collection needs of the proposed housing development. The applicant will be responsible for the coordination and associated cost for any refuse and collection services needed for the community. In addition, the development conceptual plan has proposed the internal access streets and curbs are 24 feet wide, which complies with the requirements of the code. The code requirements for the minimum 24 feet streets width provides a safe traffic flow pattern, that allows emergency vehicles and pedestrians the ability to safely maneuver and exit the property. The project will be required to meet any fire safety and emergency vehicle accessibility requirements, which may include additional fire hydrants, sprinkling of buildings and other safety measures for compliance to the codes. STAFF RECOMMENDATION: Staff has reviewed the application and proposed project in regards to Section 122-315 Review Criteria for a Planned Unit Development. The proposed project does meet the requirements of the Land Development Regulations and general provisions for granting a Planned Unit Development (PUD). The Code requires all PUD Site Development Plans shall be designed in a manner that provides a complete living environment, with the intent to enhance and creates uniform development patterns, which complies with the general requirements and regulatory process for approval of the project. The proposed development is not in conflict to the Clermont Comprehensive Plan goals, objectives and policies for commercial land use. Staff recommends approval of Ordinance No. 2021-023. Robert Thompson 11905 Egret Bluff, stated they made the modifications to the parking space and dumpster area. Commissioner Rogers asked where the additional parking was going to be. 5 Mr. Thompson stated there will be 3 spaces per unit. One in the carport, one behind it and one beside the carport. Commissioner Rogers asking how the residents will access the dumpster area. Mr. Thompson stated that it would be a standard dumpster with block walls. He stated that there will be a side walk going to the dumpster area. Chairman Krzyminski stated that's a good point about the dumpster however, it's up to the renters to decide if they want to rent there and walk the trash to the dumpster where it's located. Commissioner Niemiec stated that he does not see how the fire trucks can turn around inside the property. Ms. McGruder stated that fire will require the buildings to have sprinklers and probably additional fire hydrants on the property. Chairman Krzyminski asked how often times the dumpsters will be dumped. Mr. Thompson stated that he will do as many as necessary, he said they can come every day if needed. He said with this property he can probably get by with 2 pick-ups a week. Commissioner Niemiec asked if the car in the photo is located in one of the parking spots available for one of the units. Chris Germana stated that the rendering was done by an architect. He stated that there is one space between the 2 buildings which is where the car is located in the drawing and each unit has a garage however, there is 16 feet space in front of the garage to allow for 2 vehicles to park. Commissioner Colby stated that he appreciates the applicant bringing back a better plan. He asked if the building is 35 feet high. Commissioner Gustafson stated that he also appreciated the applicant coming back with a better plan. Mr. Thompson stated that the building will be about 24 feet. Commissioner McAllister stated that she is glad to see the improvements. She stated she is good with the changes. Otis Taylor, 8636 Caladesi Road, asked if this is affordable housing. Mr. Thompson stated that the official rental offer will be about $1350 a month. 11 Action: MOTION TO APPROVE Ordinance No. 2021-023 made by Commissioner Rogers. Motion seconded by Commissioner Jane McAllister. Passed unanimously. With no further comments, Chairman Krzymmski adjourned the meeting at 7:50 P.M. ATTEST: Rae Chidlow, Planning Coordinator