Minutes - 05.03.2022 - Planning & ZoningCity of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
May 3, 2022
The meeting of the Planning & Zoning Commission was called to order on Tuesday, May 3,
2022 at 6:30 p.m. by Chairman Krzyminski. Members present were: Chairman Max Krzyminski,
Lavonte Rogers, Vincent Niemiec, David Colby, Michael Gonzalez, Chuck Seaver, and Jane
McAllister. 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 April 5, 2022 minutes of the Planning & Zoning
Commission made by Commissioner Niemiec as amended; seconded by Commissioner
Colby. Passed unanimously.
REPORTS FROM THE COMMISSION:
Commissioner Colby thanked Staff for setting up a training workshop.
Chairman Krzyminski also thanked Staff for the upcoming training workshop.
NEW BUSINESS
Item #1: Ordinance No. 2022-010 — Chicone Large-scale CPA
Request to table to June 7, 2022 Planning and Zoning Commission meeting.
Action:
MOTION TO TABLE Ordinance No. 2022-010 to the June 7, 2022 meeting was made
by Commissioner McAllister; seconded by Commissioner Gonzalez. Passed
unanimously.
Item #2: Resolution No. 2022-01OR — Clermont Yacht Club Conditional Use Permit
Senior Planner Regina McGruder presented as follows:
The applicant is requesting a Conditional Use Permit (CUP) to allow for the construction of the
remaining 108 condo units; previously approved by the by the City Council on November 24,
1998. The Master Development Plan, (Resolution No. 98-1029), allowed 205 multi -family units
and 266 condominium dwelling units, with various amenities such as a clubhouse, pools, tennis
courts, basketball courts, and other amenities for the development. The developer is requesting to
construct the remaining 108 units, previously approved but never constructed.
The applicant has submitted an updated Traffic Impact Study (TIS), which the City's Traffic
Consultant has reviewed and determined, the proposed project is not anticipated to have an adverse
impact on the surrounding roadways and intersections.
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The applicant will also be required to coordinate and comply with the requirements of
Lake County Public Schools for School Concurrency.
The proposed units shall be designed and constructed in a manner that reflects similar
styles, materials, colors and design features to unify and provide an aesthetically
compatible transition with the existing onsite condominium development.
Staff has reviewed the application and proposed project in regards to compliance with the
Clermont Codes of Ordinances and finds the proposed use is consistent with the intent of the
Comprehensive Plan goals, objectives and policies and Land Development Regulations.
Staff recommends approval of Resolution 2022-OIOR to allow for up to 108 condominiums as
approved with the original Master Development Plan.
Rick McCoy, 106 S. Palm Ave., Howey in the Hills, stated that this project was approved in 1998.
He stated that the townhomes were built, however the condos were brought before the City in
2006. He stated that the stormwater and utilities were stubbed out and ready to go, then the decline
in the housing market happened in 2008.
Brett Jones, 700 Almond St., stated that he is the attorney for the HOA and they do not oppose this
application as it mirrors what was previously approved.
Aaron Clark, 130 Harbour Cove Way, has concerns about the growth of the city and quality of
life.
Herb Smith, 224 Nautica Mile Drive, has concerns about where the stormwater will go.
Chris Brancato, 284 Nautica Mile Drive, has concerns about the traffic, new school and no
sidewalks.
Susan Brandt, 305 Nautica Mile Drive, has concerns about the charm of the community, number
of cars, not enough amenities.
Steve Bodzioch, 203 Riggings Way, has concerns about the view, look of the building, and
parking.
Richard Ferris, 135 Harbour Cove Way, has concerns about school over -crowding,
infrastructure, traffic, and market value.
Stacie Bethel, 191 Nautica Mile Drive, has concerns over the number of units, not enough
amenities, traffic, and keeping in line with what is existing.
Paul Svejada, with Masthead LLC, 535 Julie Lane, Winter Springs, stated that the property was
approved many years ago. He stated that they have already put in the utilities for the project. He
stated that the master HOA has approved the project.
Ron Milejezak, 205 Harbour Cove Way, has concerns about the size of the units proposed.
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Beth Calvacca, 102 Carrick Bend Way, has concerns about the growing community, traffic,
over- flow parking, lack of amenities, and market value.
Mike Cramer, 208 Nautica Mile Drive, stated the leadership does not oppose it, but they also
don't support this application.
Commissioner Niemiec asked if there is basketball and tennis courts, clubhouse, and pool.
Mr. Cramer stated there is a clubhouse and a small pool but no basketball or tennis courts.
Rhonda Ferris, 207 Summer Hill Court, Minneola, whose parents live at 135 Harbour Cove Way,
has concerns about over -flow parking, parking on the narrow streets, emergency vehicle access,
and lack of amenities.
Rene Hendryx, 207 Nautica Mile Drive, has concerns about more residents, more traffic, and
emergency vehicle access.
Mark Helton, 280 Nautica Mile Drive, has concerns about the look of the new units and parking
on the roads within the community.
Rebekka Byrnes, 141 Nautica Mile Drive, spoke of an article that was done in 2002 stating what
would be included in Clermont Yacht Club.
Ralph Hopkins, 200 Nautica Mile Drive, has concerns about the type of construction material
that will be used, the price of the new units, stormwater, traffic, and market value.
Jose Perez, 207 Summer Hill Court, has concerns about the left turn at Grand Highway and East
Avenue.
City Attorney Dan Mantzaris stated that the traffic study is available to the public.
Rick McCoy stated their application was delayed due to waiting on the traffic study. He stated
that all the infrastructure is already installed and they have the St. Johns Water Management
permit from 2002. He showed the elevations.
Commissioner Colby asked how the stormwater will flow.
Mr. McCoy stated that the stormwater will flow into the retention pond that was designed
according to the master plan. He stated that it meets all the requirements through St. John's River
Water Management.
Commissioner Niemiec asked if the retention pond will feed into the other retention pond.
Mr. McCoy stated that it will run from one pond down to the larger retention pond.
Commissioner Colby asked when the million and half investment for infrastructure occurred.
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Mr. McCoy stated that in 2007 is when the infrastructure was put in place. He stated the market
crashed after that so the project never got built.
Commissioner Colby asked if this infrastructure was put in for a project of this size.
Mr. McCoy stated yes, this is basically the same site plan that was previously submitted.
Paul Svejda stated that they were partners with Phil Edgington before he passed away. He stated
that after the market crashed they couldn't move forward with the project. He stated that the
retention issues are due to parking lots. He stated that most of the run off is going to be from the
roof that will be absorbed in the grass. He stated that the Florida Building Codes have been
improved since 2007 so the construction material will be better than it was in 2007. He stated
that it is required when someone purchases a condominium they receive the condominium
documents. He stated that the majority of the people who own property in Clermont Yacht Club
do not live in the community.
Commissioner Niemiec asked if the HOA granted permission for Clermont Police Department to
patrol their streets.
Mr. Svejda stated that they are private streets maintained by the HOA.
City Attorney Dan Mantzaris stated that Clermont has no agreements with any gated
communities for traffic or parking enforcement.
Commissioner McAllister asked where the garages are located.
Mr. McCoy stated that the garages will be at ground level under the condo and two parking
spaces per unit.
Commissioner McAllister asked if there was any room on this parcel for additional amenities.
Mr. McCoy stated not that he was aware of.
Commissioner McAllister asked about the garbage chute. She asked if there will be a compactor.
Mr. McCoy stated that a project of this size they will put in a compactor.
Commissioner McAllister asked if it's included within the gated community.
Mr. McCoy stated that it was always part of the gated community.
Commissioner Seaver asked about the wording regarding "shuffle a few trips around the
network".
City Attorney Dan Mantzaris stated that language is from the traffic study.
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Ms. McGruder stated that basically it means the traffic is de minimus.
Commissioner Seaver asked if there are any plans for the US 27 towards East Ave., Grand
Highway and Bloxam.
Planning Manager John Kruse stated that he is not aware of any improvements in that segment.
Commissioner Gonzalez asked if the designs were the same from when it was proposed in
November of 1998.
Mr. McCoy stated that the rezoning was approved in November of 1998. He stated the project
was done in phases and the condominiums was phase 3. He stated the condominium design was
done in 2006-2007.
Commissioner Gonzalez asked if these buildings will look like the existing buildings.
Mr. McCoy stated that it will look like the elevations in the packet.
Commissioner Gonzalez asked if the owners in the Clermont Yacht Club were aware of the
condominiums.
Mr. McCoy stated that this project was approved and permitted in 2006-2007. He stated that the
idea was planned in 1998 but the details designed until 2006-2007.
Commissioner Gonzalez asked about the overflow parking.
Mr. McCoy stated that they will provide two spaces per unit for parking and the overflow
parking is along Masthead Boulevard.
Commissioner Colby asked if they are supposed to look like the existing.
Mr. McCoy stated that it is a similar style to the existing units.
Commissioner Niemiec asked if the $1.5 million infrastructure was designed to include the
additional units being proposed.
Mr. McCoy stated that the infrastructure was added for the additional units.
Commissioner Niemiec asked if there was every any basketball, tennis courts and additional pool
included.
Mr. McCoy stated not on the condominium property.
Commissioner Rogers stated asked how long it would take to build the condominiums.
Mr. McCoy stated that he is the engineer but he believes 6 months to a year.
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Commissioner Rogers asked how many roads will be blocked during the building of the
condominiums.
Mr. McCoy stated that when they built Masthead Boulevard they made it wide enough so there
should not be any roads blocked during construction.
Commissioner Rogers asked if there has been any history of emergency vehicles not being able
to get down the roads in Clermont Yacht Club.
Ms. McGruder stated that not to their knowledge there hasn't been any issues.
Commissioner Niemiec asked if the traffic study engineer was present.
Chairman Krzyminski asked about school and bus traffic.
Ms. McGruder stated that is up to the school board to determine where school buses and pickups
are located.
Chairman Krzyminski asked when the first home was built in Clermont Yacht Club.
Mr. McCoy stated that the first home was probably built in 2002.
Action:
MOTION TO RECOMMEND DENIAL Resolution No. 2021-01 OR was made by
Commissioner Rogers, seconded by Commissioner Colby. Motion fails 3-4.
MOTION TO RECOMMEND APPROVAL Resolution No. 2021-01OR was made by
Commissioner McAllister, with no second.
Resolution 2021-01OR moves forward with no recommendation.
Chairman Krzyminski stated that they would take a break and return at 7:57.
Item #3: Resolution No. 2022-014R — Iidesia Betesda Conditional Use Permit
Senior Planner Regina McGruder presented as follows:
The applicant is requesting a Conditional Use Permit to allow a church use to be located in the
existing Sunnyside Plaza commercial building located at 305 State Road 50. The current zoning
is C-2 General Commercial and the Future Land Use is Commercial. The Land Development
Code, Section 122-204, requires a Conditional Use Permit for a church use in the C-2 General
Commercial zoning district.
The church proposes to utilize the existing building for services on Tuesday, and Thursday
7:OOpm to 9:OOpm and Sunday 10:00am to 12pm for worship services. The applicant indicates
the maximum seating capacity will not exceed 70 seats and the church operation will not be
conflict with the other businesses located in the Plaza.
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When evaluating a request for a Conditional Use Permit, Section 86-144 of the Land
Development Code requires specific development standards and provisions are met, Staff has
reviewed the application as submitted and finds the proposed use does meet the general criteria
for granting a Conditional Use Permit.
Therefore, staff recommends approval of the Conditional Use Permit with the conditions
contained in Resolution No. 2022-014R.
Amy Lopez, 1011 Marathon Key Way, Groveland, stated that she is here to represent the
Church. She stated that their hours are 7:30 to 9:00 pm in the evenings.
Commissioner Rogers asked about the capacity of the church.
Ms. Lopez stated that they currently have 24 members of the church. She stated that 70 is the
maximum capacity at the location.
Commissioner Rogers asked about the alcohol sales stated in number 13 of the resolution.
Ms. McGruder stated that the 500-feet rule statement does not pertain to existing businesses.
Commissioner Colby asked if the hours would be set to the specific hours requested.
Ms. McGruder stated that those were the hours that were on the application and she wanted to
show that they would not be in conflict with the existing business for parking issues.
Commissioner Gonzalez asked if they have another location for services now.
Ms. Lopez stated they meet at their home in Groveland.
Commissioner McAllister would like to see something in conditional use permit that pertains to
the hours of operation.
Commissioner Seaver asked if this is included into the conditional use permit, then if they want
to change, they would need to come back before us. He asked why lock them into specific hours.
Planning Director Curt Henschel requested to edit the Conditional Use Permit by omitting
number 9.
Chairman Krzyminski asked how long they anticipate to grow to 70 members.
Ms. Lopez stated their lease is for two years so they are hoping to grow within that tune frame.
Action:
MOTION TO RECOMMEND APPROVAL Resolution No. 2022-014R was made by
Commissioner McAllister, with the removal of #9 under General Conditions in the
Conditional Use Permit; seconded by Commissioner Niemiec. Passed unanimously.
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Item #5: Resolution No. 2022-016R — APC Roofine Conditional Use Permit
Applicant requested to table to June 7, 2022
Action:
MOTION TO TABLE Resolution No. 2022-016 was made by Commissioner Rogers,
seconded by Commissioner Colby. Passed unanimously.
Item #4: Resolution No. 2022-015R — Kinetic Veterinary Conditional Use Permit
Planning Manager John Kruse presented as follows:
The applicant, Dr. Eric Herman, is requesting a Conditional Use Permit for a specialty veterinary
hospital to be established at 1600 S. Grand Highway, in the former Staples building. The
property is zoned C-2 General Commercial and this proposed use is required to obtain a
Conditional Use Permit, as required by section 122-224 of the Land Development Code. The
building is approximately 19,833 square feet and the applicant is planning to renovate the
building and the site to accompany the proposed veterinary hospital. The hospital's purpose is to
provide a state-of-the-art specialty hospital that will be open from 7 am — 7pm, Monday through
Friday that will exclusively serve dogs and cats.
No boarding will be allowed at the facility and on extreme occasions, overnight stays with the
patients may be necessary. If this occurs, onsite personnel will be present. There will be no
outside runs at the facility and will only consist of one outdoor relief/exercise area for the
animals to be taken out to for some limited exercise and relief. Most of the animals seen at this
facility will have mobility disorders, therefore any outdoor activity will be minimal. This area is
located at the rear of the building adjacent to the loading dock and next to US highway 27. The
location of this area would minimize any potential for noise and smell coming from the site. A
management and operation plan will be required for care and removal of the waste.
Exterior alterations include updating with new paint at the tops of the parapets as well as adding
some new doors and windows where it benefits the interior functioning of the space, along with
some new architectural features like sunshades. The interior alterations include the creation of
consultation rooms, surgical and treatment space, animal holding areas and interior runs, and
specialized medical equipment rooms for diagnostic and imaging purposes. The materials used
in this renovation process include using higher STC (Sound Transmission Class) walls and NRC
(Noise Reduction Coefficient) acoustical ceiling tiles. This helps in minimizing sound transfer
from one room to another as well as managing the amount of sound that can be heard from
outside the building. A good portion of the animal holding locations within the building also
occur in rooms that aren't directly on an exterior wall, which will help minimize sound. See the
staffs analysis report for more detailed information.
Staff has reviewed the application and proposed project in regards to Section 86-144, Review
Criteria for a Conditional Use Permit. The proposed use is consistent with the existing and
previous development patterns and character of the surrounding areas. The surrounding areas are
zoned C-2 General Commercial, with no adjacent residential uses. The property is in close
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proximity of two major arterial roadways, SR 50 and US 27, which offers accessibility to the site
and secondary, minimizes sound due to the background roadway noise associated with these
roadways. The proposed uses will not be detrimental to the health, safety and general welfare of
the community. The applicant is performing renovations and alterations to the site and building
that would ensure the operation would not have a negative impact on the community. The
proposed use would provide a service to the community that appears to be lacking. The
Conditional Use Permit will not be in conflict to the Clermont Comprehensive Plan for the
Commercial Future Land Use. Therefore, staff recommends approval of Resolution 2022-015R.
William Wenchell, 12322 Crystal Downs Road, Peyton Colorado, stated that they specialize in
animal hospitals. He stated that they understand some of the concerns that municipalities and
neighbors may have with these types of facilities. He stated that they are doing very minimal to
the exterior.
Dr. Mathew Lovett, 47 W. 4 h Ave., Columbus Ohio stated that he's co-owner and stated they
will help animals with mobility disorders. He stated that they will cover sports medicine and
rehabilitation. He stated that this is a unique opportunity for Clermont. He stated that the only
other facility similar to this is in Maitland.
Commissioner Rogers asked if the music store was still at this location.
Mr. Kruse stated they are no longer there.
Commissioner Gonzalez asked if the exercise and relief area would be fenced in.
Dr. Lovett stated that it would be fenced.
Commissioner McAllister stated that under number 5 of Land Use, it should state that the
animals should be leashed.
Chairman Krzyminski asked what kind of demand is there for the specialty veterinarian.
Dr. Lovett stated that their facility in Ohio served about 65,000 animals every year.
Action:
MOTION TO RECOMMEND APPROVAL Resolution No. 2022-014R was made by
Commissioner Gonzalez, as amended seconded by Commissioner McAllister. Passed
unanimously.
Item #6: Ordinance No. 2022-021 — Kia Small-scale Comp Plan Amendment
Item #7: Ordinance No. 2022-022 — Kia Rezoning
Senior Planner Regina McGruder presented as follows:
The City is requesting approval of a small-scale comprehensive plan amendment to change the
future land use from Lake County Regional Commercial to the Clermont Commercial
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designation. The annexation request of the subject property as authorized by the signed Utility
Agreement with the property owner. The Notice of Encumbrance to allow for annexation was
executed on August 13, 2019. The property is located on the south side of State Road 50 and
east of Magnolia Pointe Boulevard. The property is approximately 19.62 +/- Acres. The parcel
is located within the Clermont (JPA) Joint Planning Area and Utility Service Agreement
boundaries. The project has received site plan approval within Lake County's jurisdiction and is
currently under construction for a new KIA automobile sales and services dealership. The
project is receiving water and sewer services from the City, and the City has sufficient capacity
to provide services for the development.
The City will annex the property with the existing site conditions and development entitlements
approved with Lake County. Any future development changes or additions will require
compliance to the Clermont Land Development Regulations.
The subject property will be annexed into Clermont boundaries with the Future Land Use change
from Lake County Regional Commercial to Clermont Commercial designation. The rezoning of
the property will change the current zoning classification from Lake County "CP" Commercial
Planned to Clermont "C-2" General Commercial zoning.
Staff recommends approval of Ordinance No. 2022-021 to change the future land use designation
and Ordinance No. 2022-022 rezoning of the subject parcel.
Action:
MOTION TO APPROVE Ordinance No. 2022-021 was made by Commissioner
Rogers, seconded by Commissioner Colby. Passed unanimously.
Action:
MOTION TO APPROVE Ordinance No. 2022-022 was made by Commissioner
Rogers, seconded by Commissioner Gonzalez. Passed unanimously.
With no further comments, Chairman Krzyminski adjourned the meeting at 8:48 P.M.
pm
0
ATTEST:
Rae Chidlow, Planning Coordinator
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