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Minutes - 04.05.2022 - Planning & Zoning CommissionCity of Clermont MINUTES PLANNING AND ZONING COMMISSION April 5, 2022 The meeting of the Planning & Zoning Commission was called to order on Tuesday, April 5, 2022 at 6:30 p.m. by Chairman Krzyminski. Members present were: Chairman Max Krzyminski, Vincent Niemiec, David Colby, Michael Gonzalez, Chuck Seaver, and Jane McAllister. Lavonte Rogers was not present. Also present for City staff was City Attorney Dan Mantzaris, Curt Henschel, Planning Director, Planning Manager John Kruse, Senior Planner Regina McGruder, and Planning Coordinator Rae Chidlow. MINUTES: MOTION TO APPROVE the March 1, 2022 minutes of the Planning & Zoning Commission as amended made by Commissioner McAllister, and was seconded by Commissioner Colby. Passed unanimously. REPORTS FROM THE COMMISSION: There were no reports NEW BUSINESS Item #1: Ordinance No. 2022-010 — Chicone Large-scale CPA Request to table to May 3, 2022 Planning and Zoning Commission meeting. Action: MOTION TO TABLE Ordinance No. 2022-010 to the May 3, 2022 meeting was made by Commissioner McAllister, seconded by Commissioner Gonzalez. Passed unanimously. Item #2: Resolution No. 2022-005R — Mason Ridge Conditional Use Permit Senior Planner Regina McGruder presented as follows: The applicant is requesting a Conditional Use Permit (CUP) to allow a multi -family development consisting of 112 residential apartments; the parcel is located at the southwest corner of Pitt Street and Grand Highway. The 10.14 +/-acre parcel is zoned C-2 General Commercial and the Future Land Use designation is Residential/Office. The Land Development Code, Section 122- 224, allows a multi -family development in the C-2 zoning category with an approved Conditional Use Permit (CUP) and provided the development complies with the provisions of the R-3 (Residential/Professional) zoning district regulations. The Comprehensive Plan allows up to the maximum of 12 dwelling units per acre for the subject property. The City Council approved on August 23, 2016 a Conditional Use Permit (Resolution No. 2016- 30), to allow a multifamily development with 102 fee -simple townhomes units for the site. The City Council later revoked this Conditional Use Permit with (Resolution No. 2020-02R) and removed all previous development entitlements granted to the property. The existing project conditions failed to comply with the provisions of the Conditional Permit. The current site Page - 1 conditions have most of the major infrastructure and site utilities installed and complete. The applicant has also submitted a Traffic Impact Study (TIS), for review by the City's Traffic Consultant and any recommended traffic improvements will be the developer's responsibility. The applicant will be required to coordinate and comply with the requirements of Lake County Public Schools for School Concurrency. The applicant will also be requesting a variance to allow a front yard setback to be less than the minimum code requirements for the project. Staff has reviewed the application and proposed project in regards to compliance with the Clermont Codes of Ordinances and Comprehensive Plan. Staff recommends approval of Resolution 2022-05R to allow up to 112- multifamily dwelling units, not to exceed the maximum density allowed of 12 units per acre. The completion of this development will provide enhancement to the site and improvements to the neighborhoods character, valued by the community. Staff recommends approval of Resolution No 2022-005R Jimmy Crawford, 702 W. Montrose St. stated that he is representing the applicant and property owner. He stated that Robert Sherman and Spencer Brass who are the contract purchaser for the property 30 days after approval of the Conditional Use Permit. He stated that they are present to answer any questions. Commissioner Seaver stated that he is glad to see something moving forward. He asked if the four-way stop was part of the traffic study. Charlotte Davidson, Traffic and Mobility Consultants, 3101 Maguire Blvd., Orlando, stated that there is a traffic study currently under way and they are looking at the intersection at Grand Highway and Pitt St. Commissioner Seaver asked how many entrances are planned for this project. Mr. Crawford showed where the main entrance and an emergency entrance for the project. Commissioner McAllister asked what the land extending to Highway 27 will be used for. Mr. Crawford stated that portion of the site will be left vacant and possible put a park of some sort. Commissioner Gonzalez asked if Fire will be able to get to any building since there is only one way in and out except for the emergency entrance. Mr. Crawford stated that they added an emergency entrance from the recommendation of Fire. Ms. McGruder stated that staff along with Fire will review this project through site review at a later date to ensure they meet the code. Commissioner Gonzalez asked about how long the project will take to complete. Mr. Crawford stated they plan to be under construction in 6 months with a completion date in 18 months. Page - 2 Commissioner Gonzalez asked if the traffic study will be completed by this time. Mr. Crawford stated that the traffic study should be submitted tomorrow. Commissioner Colby asked if they took into consideration the new school that will be coming that will have access to Pitt St. Ms. Davidson clarified that the traffic study has not been submitted to the city at this time. She stated that what has been submitted is the methodology which defines how the study will be borne. She stated that the study will be submitted in the next day or two. Commissioner Colby asked about the traffic study process. Ms. Davidson stated that they do a methodology which defines what they are studying which includes the intersection at Pitt St. and Grand Highway and project access. She stated that the site will not generate that much traffic during peak hours so they will be doing a de minimis traffic study. She stated that they take into consideration the current traffic that is in the area today and they apply growth which is about 2% in that area historically. Mr. Crawford stated that the traffic numbers they have used is from when Clermont Middle School was open. He stated that the City's traffic consultant will review what is submitted. Commissioner Colby asked if they reached out to the neighbors. Mr. Crawford stated they have not reached out to anyone other than the mailings and postings the City sent out. Commissioner Niemiec asked if the property owner was present. Mr. Crawford stated that the owner is not present. Commissioner Niemiec asked if the new owner will take over the liens on the property. Mr. Crawford stated there is a request for a lien reduction but yes the new owners will assume the liens. Commissioner Niemiec asked what the level of service is for the cross section. Ms. Davidson stated that the intersection is working at level service C a couple of weeks ago. Commissioner Niemiec asked if these are condos or apartments. Mr. Crawford stated they are townhomes. Commission Niemiec asked if these will be rented. Mr. Crawford stated that they will be rented. Page - 3 Commissioner Niemiec stated that he would approve this if it was homeownership. He asked what the rental cost will be. Mr. Crawford stated that they will be market rate but the rent has not been determined. Commissioner Niemiec asked if there was accurate room for fire trucks to turn around. Katherine Felter, Kimley Horn, 189 S. Orange Ave., Orlando stated that this is a very large round about and they will be required to submit a truck turn analysis. She stated that for proximity to building the fire code makes all access within 250 feet from the road to farthest point of the building which is compliant with this project. Commissioner Niemiec asked about the buffer. Mr. Crawford stated that the right -a -way was not correct on the 2016 survey and the improvements based on this survey and it was five feet off. In lieu of taking out utilities they are requesting a variance for the buffer. Chairman Krzyminski stated that he likes the project. He asked that if the owners could separate the parcel and develop that portions. Ms. McGruder stated that the parcel is all part of the project and it is included in the Conditional Use Permit that the portion near Highway 27 will be required to leave that portion as open space. City Attorney Dan Mantzaris stated that should they want to develop that property in the future they will be required to come back before the Commission. Action: MOTION TO RECOMMEND APPROVAL Resolution No. 2021-005R was made by Commissioner McAllister, seconded by Commissioner Colby. Motion passes 5-1, with Commissioner Niemiec opposing. Item #3: Resolution No. 2022-009R — Johnson Conditional Use Permit Senior Planner Regina McGruder presented as follows: The applicant is requesting a Conditional Use Permit (CUP) to allow a 4,000 square foot detached garage accessory structure for property located at 1730 Nita Place. The property zoning is R-IA Single Family Low Density Residential and the Future Land Use is Low Density Residential. The Land Development Code Section 122-342 requires any detached garage or accessory building must be located behind the front yard building setback line; and must be able to meet the setbacks of the primary structure. The accessory building should be secondary in area or size, extent and purpose of the principle structure. The existing primary residence is approximately 1,884 square foot of living space and the proposed garage structure would be 4,000 square foot, and larger than the existing home, which would be in direct conflict to the Land Development Codes. In addition, the applicant has a secondary unit on the parcel as well, consisting of a 520 square feet living space with an additional 660 square foot garage. The property consists of two lots that was combine recently into one large lot through a unity of title. Page - 4 The 4,000 square foot garage does not meet the intent and purpose of the code for accessory structures permitted on residential lots. The proposed garage would be larger than the primary residence, but held to less restrictive accessory structure standards. The proposed garage structure is the size equivalent to a very large house and will provide the same visual impact, but without the code regulations for construction of a single-family residential home. The large garage structure may have an adverse impact to adjacent property owners and would be inconsistent and out of character with the exiting character of the neighborhood. The structure will also increase the impervious surface ratio lot coverage permitted for residential lots in the R-lA zoning district. Because of the size, the visual effect would be comparable to allowing two residential homes on a single-family lot, and that is not permitted in the Land Development Regulations. Staff has reviewed the application and proposed project in regards to compliance with the Clermont Codes of Ordinances and Comprehensive Plan. The proposed 4,000 square feet garage structure would be in conflict with the intent and purpose of the code provisions that regulate accessory structures and buildings located on single-family residential lots. Staff recommends denial of Resolution No. 2022-009R. Carl Wagner, 153 Ricky Way, stated that he was here to represent the owner. He stated that a neighbor didn't like the color so they agreed to go with another color. He stated that the garage would be covered with bamboo to shield the garage. Michael English, 1728 Nita Place, stated they are in approval of the project. He stated that 3 out of 4 of the residents were present in approval of the garage. He stated that at one time there were two homes on the lot at one time. Commissioner Niemiec asked where Mr. English lived from the applicant's property. Mr. English stated directly across street from the Johnson's. Marcia English, 1728 Nita Place, stated that she is in favor of the project. Brian Elliston, 1732 Nita Place, stated he lived right across the street and is in favor of the project. He stated that the Johnson's have improved their neighborhood since they moved in. He stated that he did not like the color, but they agreed to change the color. Commissioner Niemiec asked what color he was changing to. Todd Johnson stated that he has agreed to a muted earth tone color and something that will blend in with the neighborhood. Commissioner Niemiec asked if he will have a color picked out before City Council. Mr. Johnson stated that it will depend on what colors are available at the time he is ready to construct the building since building materials are so scarce right now. Commissioner Niemiec asked what kind of plants he will plant. Page - 5 Mr. Johnson stated that he will probably go with bamboo since it grows quick and tall. Commissioner Niemiec if he will be using the garage to store construction equipment. Mr. Johnson stated that it will be for storage and hobbies. Commissioner Colby stated that he feels it is so far out of code to support the garage. Planning Manager John Kruse read the code and stated that what he is proposing can't be supported by staff because it does not seem to be a customary accessory building. Commissioner Gonzalez asked would he entertain something smaller and would there be utilities. Mr. Johnson stated that if that's an option then yes. He stated that they will build the building then later come back to pull permit for power. Commissioner Gonzalez asked why the large garage doors. Mr. Johnson stated that he has a dually and a car hauler and he would like to just pull straight through. He stated that he would rather have and not need than to need and not have. Commissioner McAllister stated she does not agree with the size of the building in an R-1-A residential area. Commissioner Seaver stated he does not see a way around it the way it is presented. Chairman Krzyminski stated that he understands what the applicant is trying to do, however rules are rules. He stated that even though the applicant has support from the neighbors, he cannot support the size of the garage. Action: MOTION TO RECOMMEND DENIAL Resolution No. 2022-009R was made by Commissioner McAllister, seconded by Commissioner Colby. Passed unanimously. Item #4: Ordinance No. 2022-012 — New Beginnings Small-scale CPA Planning Manager John Kruse presented as follows: The applicant, New Beginnings of Central Florida Inc., has two applications under consideration. The first application is for a Small Scale Comprehensive Plan Amendment and the second request is for a rezoning to a Planned Unit Development (PUD) to grant approval to construct six (6) small multi -family units and to continue to use the property for the New Beginnings thrift store and office. The applicant is requesting an amendment to the Future Land Use Map to change the property from Industrial to Commercial for a 2.3 acre site located south of the Hatteras Ave. and Citrus Page - 6 Tower Blvd. intersection. The property has historically been used for industrial uses since the mid-1980s. However, the property was converted to a commercial use in 2009, which is indicative to the area. The property and existing 11,470 square foot building is currently being used for retail/commercial use as the New Beginnings Thrift Store. The applicant desires to add a residential component to the project to offer people with the New Beginnings program an affordable place to live while receiving job training and employment re-establishment. New Beginnings is a non-profit organization. The applicant is requesting an amendment to the Future Land Use Map to change the property from Industrial to Commercial since residential uses are not allowed in Industrial, as directed under Policy 1.10.1 of the City's Future Land Use Element. The existing retail thrift store is an allowable use under the Industrial future land use. The applicant's request to change to the Commercial future land use allows residential uses along with continuing the commercial use, as directed under Policy 1.9.1 of the City's Future Land Use Element. The change in land use reduces the density of building area permissible from a floor area ratio of 1.0 down to 0.25. This change also reduces the opportunity of intensive industrial uses in an area that has transitioned to more commercial and residential uses over the past several decades. A more comprehensive review is in the attached staff analysis report. Staff has reviewed the applicant's request to change the future land use from Industrial to Commercial. The existing commercial use of the thrift store and proposed residential component is in conformance with the proposed Commercial future land use. The reduction in intensity of land uses in this area is consistent with the development activity over the past 20 years, which is supportive of the downgrade from Industrial to Commercial future land use. Therefore, staff recommends approval of Ordinance No. 2022-012. Item #5: Ordinance No. 2022-013 — New Be innin s Rezonin The applicant, New Beginnings of Central Florida Inc., has two applications under consideration. The first application is for a Small Scale Comprehensive Plan Amendment and the second request is for a rezoning to a Planned Unit Development (PUD) to grant approval to construct six (6) small multi -family units and to continue to use the property for the New Beginnings thrift store and office. The applicant is requesting a rezoning from Industrial to a Planned Unit Development zoning. The applicant desires to add an affordable housing option at the New Beginnings Thrift Store location. The current Industrial zoning does not permit residential use on the property. The property is a 2.3 acre site located south of the Hatteras Ave. and Citrus Tower Blvd. intersection. The property was originally developed in 1985 for an industrial use with 11,470 square foot building used for storage and office use. The area around the building was used for parking of heavy equipment and vehicles. The applicant is requesting the ability to construct a single building in the rear of the property consisting of six, 600 square feet living units. These units are planned to be used for people within the New Beginnings program to offer them a place to live while receiving job training and employment re-establishment with the goal of moving on to Woodwinds or another housing option once they regain financial independence. The applicant has indicated this is a need in our community and desires to offer this option. New Beginnings is a non-profit organization. Page - 7 The applicant desires to continue the thrift store use in the 11,470 square foot building along with adding some accessory structures. The applicant has indicated that they would like to add a 30 feet by 40 feet metal canopy structure adjacent to the rear of the existing building. The applicant has indicated that this is the receiving area of goods coming into the thrift store. In addition, the applicant is requesting to keep two 8 feet by 40 feet metal storage containers for goods as well along with two dumpsters. A 16 feet by 20 feet tool shed is also being requested. The applicant has agreed to bring the site into conformance with majority of the Land Development Codes except for two waivers. The two waivers include: (1) to allow the existing crushed concrete in the rear portion of the property to be used for parking instead of improving to City standard and (2) to eliminate the perimeter landscape requirement along the property lines to the east, south and west. Landscaping will be install along the Citrus Tower right of way and in front of the proposed six-plex. A more comprehensive review is in the attached staff analysis report. Staff has reviewed the application and proposed project in regards to Section 122-315 Review Criteria for a Planned Unit Development. The proposed residential use does not appear to have an impact on traffic conditions that would be noticeable and would be considered De minimis. The property is currently being served by public utilities and the additional demand can be provided by the City. The addition of the residential component would be in a close proximity in relationship to the existing residential uses to the south. Since the applicant's request is unique for a commercial/residential project, the Planned Unit Development zoning offers the ability to consider the proposal as presented. Staff is supportive of the project if it develops according to the proposed site plan and the applicant manages the residential component as indicated. Staff has placed conditions within the ordinance to assist with the operation of the project. Therefore, staff recommends approval of Ordinance No. 2022-013. Steve Smith, 1323 Briarhaven Lane, stated that there are approximately 1200 students homeless according to Lake County. He stated that in order to get people to work here, they need to be able to afford to live here. He stated they will abide by the building codes. He stated that they are small, affordable and 2 bedrooms. He stated that most who will rent there will not be able to afford a car and these are located near enough to a variety of stores. He stated that most tenants will be one to two year lease. He stated that no one will pay no more than $500 for rent and it's based on a sliding scale. He stated that the goal is to get the tenants to work towards other apartments or home ownership. Otis Taylor, 3686 Caladesi Rd., stated that this is the energy we need in Clermont. Commissioner Seaver stated that he agrees with the project. He asked if they will remodel the fagade of the thrift store. Mr. Smith stated that they will match the front of the store with the apartments. Commissioner McAllister asked if it was water retention behind the proposed building. Mr. Kruse stated that it is water retention on the south side of the building. Commissioner McAllister asked that the area be paved for handicap purposes. Page - 8 Mr. Smith stated that there is a paved walkway to the street. He stated that they will pave the handicap parking space. Commissioner McAllister asked if he runs the program that teaches job skills. Mr. Smith stated that he brings in qualified personnel to provide the training classes. Commissioner Gonzalez asked if they offer job placement or is it just training. Mr. Smith stated that it is job preparedness. He stated that they do background checks. He stated that the tenants will be provided on a referral basis. Commissioner Gonzalez asked if he would sell the apartments later. Mr. Smith stated that he can put a deed restriction in to state that they cannot put these units on the market for a specified amount of time. Commissioner Colby stated that this is a good project. Commissioner Niemiec asked if there was any way to get to apartments from the thrift store without walking on gravel if the parking lot is not paved. Jeff Banker, 415 Citrus Tower Blvd., stated that there is a concrete sidewalk in front of the units as well as a sidewalk leading up to the thrift store, and the entire frontage of the thrift store is pavement. Chairman Krzyminski state that this is a good project. Action: MOTION TO RECOMMEND APPROVAL Ordinance No. 2022-012 was made by Commissioner Niemiec, seconded by Commissioner Colby. Passed unanimously. Action: MOTION TO RECOMMEND APPROVAL Ordinance No. 2022-013 was made by Commissioner McAllister, seconded by Commissioner Gonzalez. Passed unanimously. Chairman Krzyminski stated that they would take a break and return at 8:30. Item #6: Ordinance No. 2022-014 — Cityside Townhomes Rezonin Planning Manager John Kruse presented as follows: The applicant, Cecelia Bonifay with Akerman, is requesting a rezoning to a Planned Unit Development (PUD) to construct sixty-eight (68) single-family attached townhomes on an 8.05 +/- acre property. The property is located northwest of US 27 and SR 50 intersection, directly north of the Crown Lounge and south of Highland Avenue. A portion of the site was previously used for a motel site — Clermont Motor Lodge that was demolished in 2013. On the northeast corner of the site, an EMS station was operational until the closing of the Highland Avenue and Page - 9 SR 27 intersection. This was a result of the US 27 and SR 50 intersection improvements which permanently closed access to US 27 from this area. The property has been vacant since this time. The property is currently zoned C-2 General Commercial with a Commercial future land use designation. The Commercial future land use designation allows residential uses up to a density of 12 dwelling units per acre. The current zoning of C-2 General Commercial allows for the consideration of residential uses through a Conditional Use Permit, under section 122-223 of the Land Development Code. The applicant has decided to pursue the rezoning to a Planned Unit Development (PUD) due to the flexibility in design and waivers requested. The PUD zoning also provides a more site specific approach to the development of the property since a site plan is linked to the approval with specific conditions. The applicant has provided a conceptual site plan, prepared by Stringfellow Planning & Design, dated February 15, 2022. A more comprehensive review is in the attached staff analysis report. The applicant is proposing sixty-eight (68) attached single-family townhomes along with amenities consisting of a community pool, activity lawn, promenade, and dog walking trail. The density of the project is at 8.45 dwelling units per acre, which is under the 12 dwelling units per acre that can be considered under the Commercial future land use. The applicant is proposing the townhomes to be 24 feet wide by 50 feet deep, two-story in height with a two car garage. The applicant has demonstrated the ability to house two vehicles and trash receptacles within the garage. Each townhome lot will be a minimum of 24 feet by 100 feet or 2,400 square feet. This is a waiver to the code that requires a minimum of 3,500 square feet. As part of the design and to offer a rear loaded garage product, the applicant is requesting one way streets in a portion of the project with a reduced right-of-way width of 45 feet. This is a waiver request and staff has reviewed this request and does not oppose this request with the condition that the internal roads and alleyway will be privately maintained with an easement dedicated to the City. In addition, the applicant will be providing dedicated parallel parking spaces along these one-way streets. Staff has reviewed the application and proposed project in regards to Section 122-315 Review Criteria for a Planned Unit Development. The location of the project is within 1/8 of a mile of two arterial roadways, US 27 and SR 50 and within '/ mile of many services, which include grocery, restaurant, banking, etc., thus offering a greater walkability option for residents. The project has multiple access points that can distribute the traffic onto the existing transportation network. The site has City utilities available and the City can serve the proposed development. The property has been previously developed and the redevelopment opportunity would be supportive of Objective 1.15: Redevelopment and Renewal of Blighted Areas, in the City's Comprehensive Plan. Staff recommends approval of Ordinance No. 2022-014. Cecelia Bonifay, Akerman Law Firm, stated she is representing the Cityside development. She stated that previously the motor lodge was located on this property which was demolished. She stated that the access to Highway 27 has since then been closed. She stated that she feels this is a great project for this parcel. Alex Stringfellow, 2735 Woodside Ave., Winter Park, stated that he started the project on January 3rd. He stated that the reason for the lot size waivers is due to the code requesting a 35 Page - 10 foot wide product. He stated that current industry standard is 21-24 foot wide. He stated that the other waiver is a reduction of width for right-of-way. He stated that code is silent on the width for one-way right-of-way therefore they are required to ask for a waiver. Otis Taylor, 3686 Caladesi Rd., asked if they can see what the project looks like. Mr. Kruse showed the elevations. Lisa Saeger, 1560 51 St., asked what the price point is for the townhomes. Ms. Bonifay stated it will be based on the market but probably about $300,000. Commissioner Seaver stated that he likes the project. He asked if there will be any revisions to the intersection of Bloxam and Almond. Mr. Kruse stated that would be a question for Public Works. He stated that the traffic engineer was present and could possibly expand on that intersection. Charlotte Davidson stated that they did look into that and she is not aware of any improvements to that intersection. Commissioner Seaver stated that intersection is a very dangerous intersection. Commissioner McAllister stated that she agrees with Commissioner Seaver about the intersection. Commissioner Gonzalez stated he is also concerned about traffic as well. He asked if the roads within the project are one-way. Ms. Davidson stated that there are two accesses, one off Highland Ave. and the other on Almond. She stated that the traffic will disburse out to the least resistance. Mr. Stringfellow stated that it is a commercial use which is higher traffic generator than this project. He stated that the townhomes would create a lower traffic area. Commissioner Colby stated that he likes the neighborhood. He asked how many guest parking spaces available. Mr. Stringfellow stated that there are 28 guest parking. Commissioner Niemiec asked if Ms. Davidson knew the level of service for Highland Ave. and Almond St. He also asked if Highland Ave. was a one-way or two-way street. Ms. Davidson stated she did not know the level of service for the roads, she has intersections that were analyzed. She stated that she was unsure if Highland Ave. was one or two-way street. Commissioner Niemiec asked if there will be an HOA and will there be a rental clause. Page - 11 Ms. Bonifay stated that the developer will be the HOA until a certain phase at which point it will be turned over. She stated that the developer has not determined a rental clause at this time. Commissioner Niemiec asked if they would need a waiver of 45 feet if they didn't have 68 homes. Mr. Stringfellow stated they would lose the open space if they didn't ask for the waiver. Chairman Krzyminski asked about trash pickup. Mr. Stringfellow stated that they will each have their own containers. Action: MOTION TO RECOMMEND APPROVAL Ordinance No. 2022-014 was made by Commissioner Colby, there was no second so the motion fails. MOTION TO RECOMMEND DENIAL Ordinance No. 2022-014 was made by Commissioner Niemiec, seconded by Commissioner Seaver. The vote was 3-3 so there is no recommendation. MOTION TO RECOMMEND APPROVAL Ordinance No. 2022-014 was made by Commissioner Colby, there was no second so the motion fails. Item #7: Ordinance No. 2022-016 — USA Roller Chain Small-scale CPA Item #8: Ordinance No. 2022-017 — USA Roller Chain Rezoning Senior Planner Regina McGruder presented as follows: The applicant is requesting an annexation, small-scale comprehensive plan amendment, and rezoning of 2.35 acre+/- parcel located at 13610 Granville Avenue. The current site conditions contains an existing warehouse building and light manufacturing with associated parking for the business. The subject property is contiguous to Clermont Boundaries and meet the requirements of Florida Statutes, Chapter 171 for Annexation. The City of Clermont has sufficient capacity to provide water and sewer services for the development. The annexation request; also included a petition for a small-scale comprehensive plan amendment to change the existing land use map from Lake County Regional Office to Clermont Industrial designation. The proposed rezoning request would change the current zoning from Lake County "HM" Heavy Industrial to Clermont "M-l" Industrial designation. The Clermont Land Development Codes, Section 122-263, "M-1" Industrial zoning allows warehouse and light manufacturing as permitted uses. The applicant indicates that upon annexation of the property into the City's boundaries, any future development or expansions to the site will be required to comply with Clermont Land Development Regulations and Standards. Page - 12 Staff recommends approval of Ordinance No. 2022-016 and Ordinance No. 2022-017. Rick Hartenstein stated that he is representing the owner. He stated that it is preexisting building and business but they are requesting to annex into the city for future plans. There were no questions or concerns. Action: MOTION TO APPROVE Ordinance No. 2022-016 was made by Commissioner McAllister, seconded by Commissioner Niemiec. Passed unanimously. Action: MOTION TO APPROVE Ordinance No. 2022-017 was made by Commissioner McAllister, seconded by Commissioner Seaver. Passed unanimously. With no further comments, Chairman Krzyminski adjourned the meeting at 9:25 P.M. City Manager Brian Bulthuis entered the Council Chambers and asked if the Chair had closed the meeting. Chairman Krzyminski stated that he had closed the meeting. City Manager Brian Bulthuis asked to reopen the meeting. Chairman Krzyminski agreed to reopen the meeting. City Manager Brian Bulthuis stated that the Commission needs to be careful when having discussions. He stated that they have zero obligation to state why they are voting the way they are voting. He stating they can voice their concerns during discussions. City Attorney Dan Mantzaris stated that every record of denial needs to have enough discussion to support their decisions. He stated that there was a lot of discussion about items that were not before them tonight and that can be a cause for litigation. City Manager Brian Bulthuis stated that the Commission needs to be careful what questions they ask the applicants, such as how much is something going to be. He stated that if you want to add recommendation, they can do so with in the motions. Chairman Krzyminski asked when a recommendation turns into speculation. City Manager Brian Bulthuis provided an example of adding a recommendation to a motion. Commissioner Niemiec stated that he hears a lot of questions pertaining to traffic and asking how much rent will be. City Manager Brian Bulthuis stated that they should never ask that question. Page - 13 Commissioner Colby stated that it seems they discuss business plans a lot and they shouldn't be discussing them. City Manager Brian Bulthuis stated that business plans isn't the Commission's concerns. He stated that he is discussing with them and will also follow up with City Council about the appropriate questions that they should be asking. He stated that they should ask their selves if this meets the intent of the zoning ordinance, does it meet what the neighborhood is, and is there a traffic concern. Commissioner Seaver stated that traffic is a hot topic right now. He stated that he may like a project but traffic will be an issue and we continue to build. City Manager Brian Bulthuis stated that what the Commission needs to look at is a property owner has a right to use their property. Then look at how it is currently zoned and what can they build there with no variances or anything. He stated to start there when looking at an application then compare it to what they are asking to do on that property. He stated that if they have a commercial zoning, what they are allowed to do there. Commissioner Niemiec stated that he studies traffic reports all the time and the problems we have with the roads in Clermont are a major problem. City Manager Brian Bulthuis stated that if they need additional information for staff then they should ask. City Attorney Dan Mantzaris stated that the way the law works is the applicant has a right to establish that what they are asking for that particular property that it meets Clermont's comprehensive plan the way it's written. He stated that once they show that then the burden is on staff to show that there is some overriding issue that would impact the development and not allow the change and recommend denial. He stated that overriding issue has to be based on substantial competent evidence. He stated that the substantial competent evidence for traffic will be the traffic impact analysis. He stated without different credible expert analysis, staff has no choice but to move forward with recommendation of approval. He stated that even if you ask staff for additional information, that information would have to come from a traffic engineer that would show that there is a negative traffic impact in order to use traffic as a reason to deny an application. He stated that the neighbors that live in the area can provide testimony about traffic impact but it doesn't carry the weight of a traffic expert. He stated that the City cannot hold the current traffic condition at the time the applicant applies against them. He stated that the law states that it is not that applicant's fault. He stated that they can state that this project is going to add additional traffic but they can't say I'm not going to approve your project because the traffic is bad. City Manager Brian Bulthuis asked the Commission if it would be beneficial to them if he asked the City's traffic consultant to come and talk to them about their process. Chairman Krzyminski stated that it would be beneficial to speak with the traffic engineer as a workshop. Page - 14 Commissioner Seaver asked if the applicant has a traffic study, does the City's consultant review their traffic study. Planning Manager John Kruse explained the process and requirements of an applicant's traffic study. Development Services Director Curt Henschel stated that the Commissioners also need to understand that what they are looking at in these applications are conceptual plans. He stated that these plans have not gone through their formal engineering until after they have received approval from City Council to move forward with their project. He stated at that time they will finalize their plans that will include all the required details such as emergency entrances, parking, etc. Chairman Krzyminski adjourned the meeting at 9:47. kaxr i L. an EST: Rae Chidlow, Planning Coordinator Page - 15