Minutes - 06.07.2022 - Planning & ZoningCity of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
June 7, 2022
The meeting of the Planning & Zoning Commission was called to order on Tuesday, June 7,
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
Administrative Assistant Ellen Redmond.
MINUTES:
MOTION TO APPROVE the May 3, 2022 minutes of the Planning & Zoning
Commission made by Commissioner McAllister; seconded by Commissioner Colby.
Passed unanimously.
REPORTS FROM THE COMMISSION:
Commissioner Colby thanked staff for the training session.
Commissioner Rogers stated that the training session was very beneficial.
Director Curt Henschel introduced Ellen Redmond.
NEW BUSINESS
Item #1: Resolution No. 2022-016R — APC Roofing Conditional Use Permit
Applicant requested to table to July 5, 2022
Action:
MOTION TO TABLE Resolution No. 2022-016 to July 5, 2022 was made by
Commissioner Rogers, seconded by Commissioner Colby. Passed unanimously, 7-0.
Item #2: Ordinance No. 2022-025 — Lost Lake Assemblage CPA
Request to table to July 5, 2022 Planning and Zoning Commission meeting.
Action:
MOTION TO TABLE Ordinance No. 2022-025 to the July 5, 2022 meeting was made
by Commissioner McAllister; seconded by Commissioner Gonzalez. Passed
unanimously, 7-0.
Item #3: Ordinance No. 2022-026 — Lost Lake Assemblage Rezoning
Request to table to July 5, 2022 Planning and Zoning Commission meeting.
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Action:
MOTION TO TABLE Ordinance No. 2022-026 to the July 5, 2022 meeting was made
by Commissioner Gonzalez; seconded by Commissioner Rogers. Passed unanimously,
7-0.
Item #4: Ordinance No. 2022-028 — Rogers Place Commercial CPA
Item #5: Ordinance No. 2022-029 — Rogers Place Commercial Rezoning
Senior Planner Regina McGruder presented as follows:
The applicant is requesting annexation, small-scale land use change and rezoning for the 9.8-acre
parcel located on State Road 50 and west of Autoplex Lane. The existing land use in Lake
County is Regional Commercial and the current zoning is Lake County Planned Commercial
designation. The current use of the property is Heavy Industrial and Manufacturing. The
property is located within the Clermont Joint Planning Area (JPA) and Utility Services
Boundaries. The annexation request would allow for the connection to Clermont water and
sewer services for redevelopment of the subject property. The property boundaries are
contiguous to the city boundaries, as required by Florida Statues for annexation.
The Lake County Commissioners approved (Ordinance No. 2022-9) rezoning the property from
Planned Industrial (MP) to Planned Commercial (CP) to allow for commercial permitted
uses. The applicant is requesting Clermont Planned Unit Development (PUD) zoning, which is
consistent with the existing property zoning. The PUD will allow for the development of a new
automobile dealership with up to 75,000 maximum building square footage and any other
permitted uses in the C-2 General Commercial zoning district. The proposed commercial
development intensity shall not exceed the maximum allowed by the Clermont Comprehensive
Plan. All development must comply with Clermont Land Development Regulations and the
Comprehensive Plan goals, objectives and policies for commercial development. The proposed
land use and zoning is consistent with the adjacent properties and will not be out of character
with the surrounding development patterns and zoning classifications.
The project will be required to comply with any recommended traffic mitigation improvements
identified in the Traffic Impact Study conducted by the City's Traffic Engineer Consultant.
Staff recommends approval of Ordinance No. 2022-028, to change the current Future Land Use
Map designation from Lake County Regional Commercial to Clermont Commercial
designation.
Jimmy Crawford, 702 W. Montrose Street, stated that they are asking for what was submitted to
Lake County. He stated there was one waiver that was left out pertaining to the sign. He read into
the record the waiver being requested which is no setback shall be required from the FDOT pond
parcel west of Autoplex Lane provided all of the criteria is met. He stated they don't believe they
can meet the 5 foot setback. He stated that this property will be proposed to be a Tesla facility.
He stated that is the reason for the automobile language in the ordinance.
City Attorney Dan Mantzaris stated that this was the first he was hearing about this and did not
know staff s position on the waiver.
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Planning Manager John Kruse stated that Curt and he had a conversation with Mr. Crawford a
few days prior and due to the location of the sign, they did not have an issue with the waiver for
the sign in front of the FDOT parcel.
Commissioner Niemiec asked about staff not having issues pertaining to the waiver that was not
included in their packets.
Ms. McGruder stated that staff is good with adding the waiver to the ordinance.
Commissioner McAllister asked if there will be a left turn lane onto Autoplex Lane.
Mr. Crawford stated that there is already a left turn lane.
Chairman Krzyminski asked about the difference in the service bays for electric vehicle
dealership and regular dealership.
Mr. Crawford stated that they don't store a large inventory of vehicles. He stated they have
several models to choose from. He stated that most of the facility will used for service. He stated
that the disposal of the batteries is the main concern, for which there are both state and local
requirements for the disposal of these batteries that will be adhered to.
Action:
MOTION TO RECOMMEND APPROVAL Ordinance No. 2022-028 was made by
Commissioner McAllister; seconded by Commissioner Niemiec. Passed unanimously,
7-0.
Action:
MOTION TO RECOMMEND APPROVAL Ordinance No. 2022-029 including the
sign waiver was made by Commissioner McAllister; seconded by Commissioner
Niemiec. Passed unanimously, 7-0.
Item #6: Ordinance 2022-019 Wellness Way Design Guidelines - LDC
Planning Manager John Kruse presented as follows:
This is a staff initiated Land Development Code change. On March 22, 2022, the City Council
approved the Wellness Way Comprehensive Plan Amendment that created a new Goal along
with Objectives and Policies exclusively for the Wellness Way Area. This adopted
comprehensive plan amendment sets the framework for the details in the Land Development
Code. City and County staff along with Dr. Richard Levey, landowners and many others have
worked on the proposed Wellness Way Community Design Guidelines and Standards, starting
with the first draft in May of 2020. This Land Development Code change provides the "nuts and
bolts" on how development shall occur in the Wellness Way Area with specific detail including,
but not limited to: Development Districts, Mobility and Connectivity, Open Space and Parks,
Landscape and Natural Resources, Public Facilities/Utilities and Signage. These Guidelines and
Standards will only be applicable to properties identified under the City's jurisdiction of the
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Wellness Way Area Plan, under Figure 1 of Objective 2.3 of the Comprehensive Plan.
These Guidelines and Standards set the development standards for form and design and
connectivity within the Wellness Way neighborhoods along with non-residential uses. In
addition, it also identifies permitted uses, architectural standards for centers, illustrated road
cross sections, open space and park standards, water conservation, dark skies, and signage. All
of these items are specific to the development within the entire Wellness Way Area Plan and
mirror Lake County's recently adopted Land Development Code amendment for Wellness
Way. These Guidelines and Standards will be referenced under a new Section, 122-295
Wellness Way Community Design Guidelines and Standards.
This Land Development Code change will complete the Wellness Way Area Plan regulations
that started many years ago. Staff recommends approval of Ordinance 2022-019.
Commissioner McAllister asked about page 97 on the bottom, table no. 2.1.3C Multi -use District
Standards, number 3 indicates that there can be a hospital or hotel 8-stories high, when
Clermont's code only allows 55 feet.
Mr. Kruse stated that this is only for the Wellness Way area plan so it will be specific for only
this area. He stated that they mirrored what was proposed in Lake County.
Commissioner McAllister stated that the wetland setbacks should be 25 feet if they can't make
the 50 feet that is proposed.
Commissioner Niemiec requested that they recommend to City Council that they change the
wetland setbacks to 25 feet.
Mr. Kruse stated that the City modeled the code against the Lake County code so that it looks
consistent in that area.
Commissioner Colby stated that if properties are developed in the County then annex into the
City then theoretically there could be the same issue that happens now where the properties don't
meet the City code.
City Attorney Dan Mantzaris stated that is not unusual but what is going on in this area is it is
being treated differently to other areas. He stated that if the Commission believes the wetland
setbacks should only go down to 25 feet rather than 15 feet, then it can be added to the motion.
Chairman Krzyminski stated that it's to the City's benefit to keep it the same as the County's
plan.
Action:
MOTION TO RECOMMEND APPROVAL Ordinance No. 2022-019 was made by
Commissioner Colby, as amended seconded by Commissioner McAllister. Passed
unanimously, 7-0. Commissioner McAllister amended the setback to 25 feet.
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Item #7: Ordinance No. 2022-010 — Chicone Property CPA
Planning Manager John Kruse presented as follows:
This application was originally advertised for March 1, 2022, but was tabled until this date for
consideration. The applicant, VHB, has requested an amendment to the Future Land Use Map.
The applicant is requesting the City to designate the property with a future land use category as
Master Planned Development upon annexation. The property is within the Wellness Way Area
Plan. The subject site is 304 +/- acres in size. The property has historically been used for
agricultural purposes. The applicant has four pending requests before the City of
Clermont. These include: (1) Utility Agreement, (2) Annexation, (3) Comprehensive Plan
Amendment, and (4) Rezoning to a Planned Unit Development (PUD).
Due to the required review by the State of Florida Department of Economic Opportunity (DEO)
for the amendment to the Comprehensive Plan, this application is being presented to the
Planning and Zoning Commission and the City Council to make a recommendation for
transmittal. If transmitted, then DEO and other State agencies will review and render their
comments prior to a public hearing on the adoption of this amendment. The anticipated adoption
hearing will be in August of 2022 before City Council.
The following City of Clermont Comprehensive Plan policy describes the intent of the Master
Planned Development Category, with emphasis on the underlining portion:
Policy 1.7.2: Planned Development.
The master planned development category is intended to provide for two existing approved
developments of regional impact (DRI), Kings Ridge DRI and Lost Lake Reserve DRI, the Black
West proposed mixed -use development subject to a utility and annexation agreement approved
by the City and new master planned, mixed -use projects that shall be applied only upon City
Council approval of a development agreement that specifies the allowable types and distribution
of land uses and the maximum number/density of residential units, and which demonstrates that
public facilities and services meet the requirements of the City s Concurrency Management
System. The maximum intensityfor office and commercial uses shall be 0.25 FAR; 1.0 FAR for
industrial uses; and 0.25 FAR for institutional uses. The FAR shall not be applied to the
residential portion of a mixed -use development.
The residential density and Floor Area Ratio (FAR) maximums in the Master Planned
Development FLU category are consistent with the Wellness Way Area 3 designation and the
Neighborhood District. The applicant has requested a rezoning to a Planned Unit Development
requesting up to 950 dwelling units and up to 75,000 square feet of commercial uses. The
applicant has provided a Conceptual Lotting Plan showing the general layout of the project. The
PUD will be considered by City Council during the adoption phase of the Comprehensive Plan
Amendment to ensure the project is limited at the proposed development intensity. In addition,
the development standards of the PUD will meet the Wellness Way Design Guidelines that are
driven by the Wellness Way Comprehensive Plan adopted by the City. The project will be
developed to the Neighborhood District, which will have 30% open space along with 65%
residential use and 5% center use, as required in Policy 2.3.2: Future Land Use Categories
Capacity Allocation.
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The subject property is located entirely within the City of Clermont Utility Service Area. The
property is located within the Interlocal Service Boundary Agreement (ISBA) and the Joint
Planning Area (JPA) Agreements with Lake County. The ISBA, through the utility agreement,
permits annexations that are not contiguous with the City limits. The City intends to annex this
property through the utility agreement provision and ISBA provision.
The Applicant intends to create a master planned community that promotes economic
development while encouraging a well-balanced development pattern that minimizes
environmental impacts. The applicant's request for a Comprehensive Plan Amendment to
Master Planned Development FLU category provides for the long range designation for the use
of the property and is not the detailed development approval. The future land use designation
establishes the future character and urban form of the city in this area. The developer will be
responsible for all costs and extensions of utilities to the project. In addition, the developer will
also be required to fund, design and construct a major roadway extension of the Wellness Way
Boulevard from the Lennar project, eastward to the Orange County line, which is segment C
above. Completion of this roadway will be accelerated and may assist in improving the level of
service (LOS) existing on Hartwood Marsh Road by offering another east/west connection
between Lake County and Orange County.
Since the project is located within the City's JPA and ISBA boundary and the City can provide
adequate public facilities and services, it is reasonable to support this future land use amendment.
The property is within the Wellness Way Area Plan and has been identified to be developed with
a mix of residential and non-residential programing, which the City's Master Planned
Development designation permits along with the future designation of
Neighborhood. Therefore, staff supports the applicant's request for a change to Master Planned
Development and recommends transmittal of the comprehensive plan amendment.
Erika Hughes, 225 E. Robinson St., Orlando, stated that their team is available for any questions.
Titi Herrera, 9945 Quiet Lane, stated that this change is a great concern for many of them in that
area. She stated that it is a rural area with lots of 5 acres. She stated that the urban sprawl is
coming at them hard. She stated that if this is approved she would like to ensure they have no
connection to Quiet Lane or Tower Pine Dr. to Orange County. She stated that we are running
out of green space in Central Florida.
Karen Schar, 9019 Tower Pine Dr., stated that her property is adjacent to the north end of this
proposed rezoning. She stated that she is also concerned about the buffers since she has horses,
goats, chickens, and donkeys and she would like to reserve that lifestyle when they moved there.
Jim Karr, West Lake Butler Road, Windermere, stated that he is one of the owner
representatives, and that they are aware of the homes to the north and they plan to put an extra
buffer in that area. He stated there are no plans to access the roads in the neighborhood.
Elizabeth Oberdick, 17314 Red Bird Road, stated their biggest concern is how the construction
crews will be accessing the property. She stated they are also concerned about the added traffic
due to the development.
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Commissioner McAllister asked about the multi -family and non-residential areas.
Ms. Hughes stated that they are not proposing any multi -family, only single family and
townhomes and the non-residential area will be located on the southwest corner of the property
because the Hartle Road extension that Lake County is proposing will bisect that area.
Commissioner McAllister stated that the plan shows the non-residential on the North West area.
Ms. Hughes stated that is a clerical error.
Commissioner Niemiec asked about the developer completing a major road way and expediting
it to assist in the level of service of Hartwood Marsh Road.
Mr. Kruse stated that if there is another east west connector that people have an opportunity to
use that can transmit traffic at a higher capacity that may increase the level of service on
Hartwood Marsh.
Chairman Krzyminski asked about the utilities.
Ms. Hughes stated that they are still working on the details for the utilities.
Chairman Krzyminski asked if the fire station being proposed be only for Olympus.
Mr. Kruse stated that it would service a regional area.
Action:
MOTION TO APPROVE Ordinance No. 2022-010 was made by Commissioner
McAllister; seconded by Commissioner Gonzalez. Passed 6-1 with Commissioner
Niemiec opposing.
With no further comments, Chairman Krzyminski adjourned the meeting at 7:25 P.M.
ATTEST:
Rae Chidlow, Planning Coordinator
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