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Minutes - 08.02.2022 - Planning & ZoningCity of Clermont MINUTES PLANNING AND ZONING COMMISSION August 2, 2022 Chairman Krzyminski called the meeting of the Planning & Zoning Commission to order on Tuesday, August 2, 2022 at 6:30 p.m. 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 July 5, 2022 minutes of the Planning & Zoning Commission as amended made by Commissioner McAllister; seconded by Commissioner Colby. Passed unanimously. REPORTS FROM THE COMMISSION: Commissioner Rogers thanked Chris Dudeck. He stated that he just found out that he was leaving and wanted to thank him for all he has done with their partnership. Commissioner Niemiec apologized for missing last month due to illness. Commissioner Colby stated that he also thanks Chris Dudeck for doing a great job for the City. Commissioner Gonzalez also thanked Chris Dudeck. He stated that he did another ride along. with Clermont's Police Department. He stated that he also visited the City's Environmental Services and did a tour, which was eye opening. Chairman Krzyminski stated that August 5, 2022 will be the First Friday Food Trucks and August 6, 2022 will be the AdventHealth TriKidz Triathlon. NEW BUSINESS Item #4: Ordinance No. 2022-011— Chicone Rezoning Request to table to September 6, 2022. Action: MOTION TO RECOMMEND TABLE Ordinance No. 2022-011 made by Commissioner McAllister; seconded by Commissioner Rogers. Passed unanimously 7-0. Item #5: Ordinance No. 2022-032 — The Vue Rezoning Request to table to September 6, 2022. Page - I Action: MOTION TO RECOMMEND TABLE Ordinance No. 2022-032 made by Commissioner McAllister; seconded by Commissioner Rogers. Passed unanimously, 7-0. Item #1: Resolution No. 2022-016R — APC Roofine Conditional Use Permit Senior Planner Regina McGruder presented as follows: The applicant is requesting a Conditional Use Permit to allow for the development and construction of a roofing and warehouse building to be located in the C-1 Light Commercial zoning district. The vacant parcel is approximately 0.51 acres and is located on West Broome Street, between Second Street and East Avenue. The Land Development Regulations, Section 122-204 requires a Conditional Use Permit for warehouse use. The applicant would like to develop the site and construct an 8,000 square foot warehouse building with a small office. The C-1 Light Commercial zoning district intent and purpose is to provide light retail and office uses that are compatible and less intrusive to the adjacent neighborhood's character. The proposed roof warehouse business, which will include the delivery of large quantities of roofing products and materials via semi -trucks and large vehicles, is inconsistent with the intent of the C- 1 Light Commercial zoning district. The City's Public Works Department has reviewed the access points identified in the conceptual plan and made the determination that West Broome Street, a local street, cannot handle constant heavy truck traffic. Staff has reviewed the Conditional Use Permit application and finds the proposed warehouse use located in the C-1 Light Commercial zoning district is out of character and not consistent with the existing development patterns. The proposed use does not meet the general intent and purpose of the C-1 zoning district. Staff recommends denial of the requested Conditional Use Permit to allow for the development of a warehouse building and use in the C-1 Light Commercial zoning district. Rick McCoy, 106 S. Palm Ave., Howey in the Hills, stated that the owners have done a wonderful job cleaning up this property, from when it was Willis Hardware. He stated that there is a misconception for the warehouse. He stated that the roofing material will be delivered to the job site and the only the excess will be stored. He stated that the owner bought the property because he needs the extra parking and needs storage area. The owner was told he could not store anything on the property without a building. He stated that if the City wants to put stipulations on the property such as delivery limits, right turn only from the exit in the rear to East Avenue. He stated that the City should work with the property owner to make this work for him. Barry Rubenstein, 1000 East Ave., stated that he is in the building to the east of APC Roofing property. He stated he needs clarification about the site plan. He asked about the number of parking spaces that are required for this facility. He stated that his second concern is the large delivery trucks not seeing the school children who will be walking down East Avenue and Broome Street. Commissioner Niemiec asked if his business was adjacent to this parcel. Page - 2 Mr. Rubenstein stated yes and three other businesses as well. Richard Mulvany, 308 W. Dupont Circle, Howey in the Hills, stated that he had a conversation with Mr. Rubenstein when they built APC Roofing and his concern was people using his parking so they installed a fence so that no one could get from the APC Roofing to his parking lot. He stated that there would be enough parking on the additional parcel. Mr. McCoy stated that there are 12 spaces and they are not asking for any variance for parking. Commissioner Seaver asked if this will add additional employees. Mr. McCoy stated that there would not be additional employees. Alberto Contreras, 150 SR 50, stated that he has 14 offices in his current location. He stated that he is not using the warehouse for additional offices. The warehouse will be used for storing additional material such as tarps and extra items he needs for hurricane purposes. Commissioner Seaver asked about modifying the entrance. Mr. Contreras stated that the trucks would come in off SR 50 through his existing property and pull forward to the warehouse to deliver material and exit to W. Broome Street. He stated that the trucks would not be semi 18 wheel trucks. He stated that it would be trucks with flatbeds to bring material in. Commissioner McAllister asked if this is a storage shed or a warehouse. Mr. Contreras stated that they are open to a smaller warehouse if it needs to be smaller. He stated they are asking for the maximum but can go smaller. Commissioner McAllister mentioned that the Conditional Use Permit states that large trucks and semis are prohibited from accessing W. Broome Street and other local streets so they will not be allowed to enter from SR 50 and exit onto W. Broome Street. Mr. McCoy stated they are good with that condition because there will not be having large semi - trucks deliver. He stated that smaller trucks with flatbed trailers would do the deliveries. Commissioner McAllister is concerned about the size of the warehouse. She asked what the height of the warehouse would be. Ms. McGruder stated that the height meets the code. Chairman Krzyminski asked if the warehouse were less than 5000 square feet, would the applicant need a conditional use permit. Ms. McGruder stated that the fact that it is a warehouse and over 5000 square feet is the reason they require a conditional use permit. Page - 3 Commissioner Gonzalez asked if the applicant would entertain a 5000 square foot warehouse. Mr. Contreras stated he would entertain a smaller warehouse if that works. He stated he just needs storage space. Commissioner Gonzalez asked what size truck would be delivering supplies. Mr. Contreras stated that probably 20 to 30-foot flatbed trailers. Commissioner Gonzalez stated he was concerned about the ball field. He asked if he would be having deliveries one or two days a week. Mr. Contreras stated that he would not have that many deliveries. Commissioner Colby stated that we should try work with the property owner. He stated that he does feel the warehouse would be too large. Commissioner Rogers asked about parking space in the loading zone. Mr. McCoy stated that it would be a dedicated parking space for anyone that is working over in the warehouse. He stated that the loading and unloading is a requirement but there will not always be someone parked there so it would be accessible. Chairman Krzyminski asked about the growth of his business. Mr. Contreras stated that he does not believe he will get much bigger. He stated that as he grows he will open offices in other locations. Chairman Krzyminski asked about they could enter and exit at SR 50 rather than onto W. Broome Street. Ms. McGruder stated that an exit onto W. Broome Street would probably be required. Mr. McCoy stated that as shown on the site plan there would be a one way in and out. Commissioner McAllister asked about the gutter business. Mr. Contreras stated that he is going to be doing gutters. He stated that the gutter material would stay on the trucks. Action: MOTION TO APPROVE Resolution No. 2022-016R made by Commissioner Colby with entrance from 50, exit only on W. Broome Street, no semi -trucks, right turn only off of Broome St., seconded by Commissioner Niemiec. Motion failed, 1-6. MOTION TO DENIAL Resolution No. 2022-016R made by Commissioner Rogers, seconded by Commissioner McAllister. Motion passed, 6-1. Page - 4 Item #2: Resolution No. 2022-022R — Cross Ridge Exchange Conditional Use Permit Senior Planner Regina McGruder presented as follows: The applicant is requesting a Conditional Use Permit to allow for a mixed -use commercial development with up to the maximum of 115,000 total building square footage in the Lost Lake PUD zoning district. The Planned Unit Development allows C-2 General Commercial permitted use. The vacant parcel is approximately 12.17 acres and located between the Walmart and BJ Wholesale Club Retail Stores. The parcel was part of the Lost Lake Master Development Plan and one of the last remaining vacant properties in the PUD. The property's Future Land Use Designation is Master Planned Development. The overall Master Development Plan allows specific and designated permitted uses and developments for the overall approved Master Plan. The subject parcel is located within the assigned Commercial Village. The Conditional Use Permit will allow for the mixed -use development of up to 115,000 maximum total building square footage, which includes retail establishments, commercial offices, restaurants and other permitted uses allowed in the PUD Master Development Plan. The Conditional Use Permit is only required because of the proposed 115,000 total building square feet, the Land Development Regulations, Section 122-224, Conditional Use Permits are required for any commercial space and establishments over 20,000 square feet. The Master Planned Development Land Use allows a maximum Floor Area Ratio of 0.25. The proposed development shall be required to comply with the Clermont Codes and the PUD Development Standards and Conditions. The project design layout is proposing access points on US Highway 27 and Cross Ridge Road. When evaluating a request for a Conditional Use Permit, Section 86-144 of the Land Development Code requires specific development standards and provisions have been met. The staff has reviewed the submitted application and supporting documents and finds the proposed use does meet the general criteria for granting a Conditional Use Permit. The proposed development is compatible with the current development patterns and general character of the surrounding areas. The project is consistent with the Clermont Comprehensive Plan goals, objectives and policies. Therefore, staff recommends approval of the Conditional Use Permit with the conditions contained in Resolution No. 2022-022R. John Schmid, 15690 W. Colonial Drive, stated that this is part of the Lost Lake Reserve DRI. He stated that there is still 282,000 square feet of commercial left on that DRI, so their 115,000 square feet falls short of that. Commissioner Gonzalez asked if there are any end users in mind. Mr. Schmid stated that they are talking to prospects for restaurant, retail and medical use in the back portion of the property. Page - 5 Action: MOTION TO APPROVE Resolution No. 2022-022R made by Commissioner McAllister, seconded by Commissioner Gonzalez. Passed unanimously, 7-0. Item #3: Resolution No. 2022-023R — Headquarter Honda Conditional Use Permit Senior Planner Regina McGruder presented as follows: The applicant is requesting a Conditional Use Permit (CUP) to allow for the expansion of the existing automotive services building located in the C-2 General Commercial zoning district. The Land Development Regulations, Section 122-224, requires a Conditional Use Permit (CUP) for any type of automotive sales, services, garages, carwash, boats, paint and body shops, which also includes any expansions and building additions for the current auto dealerships. The property Land Use designation is Commercial. The requested Conditional Use Permit will allow for the construction of up to the maximum 9,000 total square feet service building addition at this location. The proposed development will be required to comply with Clermont Land Development Regulations and Architectural Design Standards for development of the proposed building expansion. The project will also be required to provide additional customer parking if necessary in conformance to the Clermont parking codes. Staff has reviewed the application and proposed project in regards to 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. Staff recommends approval of the Conditional Use Permit (CUP), with the provisions and conditions contained in Resolution No. 2022-023R, to allow for the expansion of the existing automotive services building located in the "C-2" General Commercial zoning district. Mary Doty Solik, 121 S. Orange Avenue, Orlando, stated that she is Legal Council for Headquarter Honda. She stated that this is a straightforward addition to the existing Headquarter Honda. Commissioner Niemiec asked what the hours of operations. Judy Serra, 3807 Pine Lake Drive, Weston, stated that the hours of operations vary due to difficulty of staffing but is 9 AM to 6 PM. Commissioner Niemiec asked about noise. Ms. Serra stated that the garage addition would be enclosed and air-conditioned. She stated that the detail bay area would be in front of a wall. Page - 6 Action: MOTION TO APPROVE Resolution No. 2022-023R made by Commissioner Rogers, seconded by Commissioner Colby. Passed unanimously, 7-0. Item #6: Ordinance 2022-033 — Clonts Property Rezoninp_ Planning Manager John Kruse presented as follows: The applicant is requesting a rezoning to a Planned Unit Development (PUD) to construct a multi -family development consisting of 328 units. The site is approximately 27.5 acres and is located just east of US 27 and directly north of the Olympus Sports and Entertainment development. In October of 2019, the property owner obtained a Developers Agreement from the city that entitled the parent parcel (approx. 52 acres) to 12 units per acre and up to 152,000 square feet of commercial and retail use. The current applicant is only requesting to develop the eastern half of the development and will return to city council when ready to develop the western portion that is adjacent to Highway 27. The property is currently zoned Urban Transition with a Future Land Use of Master Planned Development. The applicant has provided a conceptual site plan, prepared by Poulos & Bennett dated July 15th 2022. The applicant is proposing 328 apartment units along with amenities consisting of a community pool, activity lawn, and promenade. The density of the project is at 12 dwelling units per acre, which is permitted by the Developers Agreement and the Future Land Use. As part of the design, the applicant is requesting relief from the city's grading code. For residential properties, the current code allows for a maximum cut or fill of 10 feet. In this case, because of the topography, the applicant is requesting up to a 35 foot cut over 17% of the site, and up to a 12 foot fill over .5 % of the site. Another request by the applicant is to allow retaining walls with a maximum height of 8 feet. Per city code, retaining walls shall have a maximum height of 6 feet. The proposed PUD is consistent with the Master Planned Development Future Land Use and the spirit of the Wellness Way Area Plan. The PUD ordinance has several specific conditions that the applicant will need to satisfy in order to continue to move forward on the development of the site, if approved by City Council. These conditions include the extension of utility lines to the area in a timely manner and entering into a Transportation Impact Fee Credit agreement with Lake County. Staff has reviewed the application and proposed project in regards to Section 122-315 Review Criteria for a Planned Unit Development, and recommends approval of Ordinance No. 2022-033. Josh Edmondson, Poulos & Bennett, presented a presentation. He stated this Planned Unit Development proposes to have 328 multi -family units. He stated there would be 8 acres dedicated to amenities. He stated that there would be a clubhouse, weight room, pool area, cabana area and outdoor grill area. He stated that they would make improvements to North Bradshaw Road to connect from property to Schofield Road. He stated that there would be temporary emergency access available during construction. Page - 7 Commissioner Niemiec asked about the 60-foot building height. Mr. Kruse stated that in Wellness Way Design area they allow to go up to 5-stories. He stated that they also allow the 500 square foot units per the Wellness Way Design. Commissioner Gonzalez asked how long the development would take to build. David McDaniel, 1525 International Pkwy, Lake Mary, stated that the clubhouse and first units will be available in about 14 months and finished in 22 months. Commissioner McAllister asked about the road on the southern portion. Mr. Kruse stated that the road to the south is Epic Drive that Olympus developers will construct. Chairman Krzyminski asked about the cut and fill. Mr. McDaniel stated that they are trying to balance the rolling topography. Commissioner McAllister asked if where the walls are if that is the cut and fill area. Mr. McDaniel stated that yes the low part of the site is on the north part new Wellness Way and then it comes up real steep where the clubhouse is. He stated in order to get all the stormwater to drain to the front they need to cut down the hill. Action: MOTION TO RECOMMEND APPROVAL Ordinance No. 2022-033 made by Commissioner McAllister, seconded by Commissioner Rogers. Passed unanimously, 7-0. With no further comments, Chairman Krzyminski adjourned the meeting at 7:39 P.M. ATTEST: 1k, k� Rae Chidlow, Planning Coordinator Page - 8