Minutes - 09.05.2023 - Planning and ZoningCity of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
September 5, 2023
CALL TO ORDER
Chairman Krzyminski called the meeting of the Planning and Zoning Commission to order on
Tuesday, September 5, 2023 at 6:30 p.m.
MEMBERS PRESENT: Chairman Krzyminski, Vice -Chair Niemiec, Member Grube, Member
Guerrero, Member McAllister, and Member Matthew Norton
MEMBER ABSENT: Member Colby
ALSO PRESENT: City Attorney Mantzaris, Development Services Director Henschel, Planning
Manager Kruse, Senior Planner McGruder, and Planning Coordinator Heard
PLEDGE OF ALLEGIANCE
MINUTES - None
REPORTS FROM THE COMMISSION
No reports from the Commissioners.
Development Services Director Henschel welcomed new Planning Coordinator Heard to the team.
NEW BUSINESS
Item 1- Resolution 2023-023R Volkswagen of Clermont Conditional Use Permit (CUP)
Planning Manager Kruse presented as follows:
The applicant, Merideth Nagel, Esq., is requesting a Conditional Use Permit (CUP) to allow for
automotive services and sales use and a building over 20,000 square feet in the C-2 General
Commercial District. The property is located northwest of the US 27 and SR 50 intersection,
adjacent to the Crown Lounge, south of Highland Avenue. The future land use is Commercial and
the property consists of 8.6 +/- acres. The site is currently vacant and it used to have direct access
to US 27 from Highland Avenue, which was closed due to the construction of the improved
interchange at US 27 and SR 50. The primary access points to the site are Millholland Street and
Almond Street, with a secondary access point from the frontage road via Highland Avenue. The
property was formerly the site of the Clermont Motor Lodge and EMS station. This area has been
undergoing a transformation from residential uses to commercial uses over the last several years.
The applicant is requesting the site to be used for a Volkswagen dealership. The dealership will
utilize approximately six (6) acres of the southern portion of the site and the northern 1.9 acres
will be donated to the City. In addition, the applicant has acquired the %Z acre site adjacent to
Wendy's and would like to use this site for a display area that fronts on SR 50.
Planning & Zoning Commission
September 5, 2023
Planning Manager Kruse advised a handout was provided to the Board witli revisions to the
proposed resolution and explained the revisions as outlined below.
SECTION 2: LAND USE
1. This permit is for up to a single 33,000 square foot building to be used for automotive
services and sales use. The site may also consist of a car wash building. Supporting
ancillary uses to the car dealership may include and is not limited to; delivery, display and
storage of new and pre -owned automobiles, vehicle charging stations and energy products,
related parts and accessories, and for related general office purposes. The parcel located
on SR 50 may have a glass display unit, no larger than 300 sauare feet. along with u� to 3
additional display pads as shown in Exhibit B. No more than 4 vehicles mav_ be dishlaved
on the outnarcel at one time. The pr-epefty may a4se be developed with my etheF Pefffli
uses-a4lewed in th3 . The outnarcel mav have one
monument sign no larger than 8 feet high by 8 feet wide. with a maximum conv area of 32
square feet per side.
10. Anv form of non -permitted advertisement consisting_ of. but not limited to flags. banners.
inflatables or lighting is prohibited.
11. The use of the outnarcel. adiacent to SR 50. shall only be used for a disnlav area for the
automotive dealership that is on the main parcel. If the dealership ceases to remain in
operation for a period longer than 180 days. then the outnarcel will no longer be available
for disvlav and will onlv be permitted for C-2 General Commercial uses.
Planning Manager Kruse further explained the applicant has conducted a Traffic Impact Analysis
(TIA) that indicated traffic from the proposed use would generate less than 100 peak hour two-
way next trips. The current road access points were studied through field investigations as well for
physical load demands placed upon the existing road network, and it was concluded that several
of the roads needed additional improvements. The applicant has agreed to fully fund and improve
these road segments, consisting of a partial rebuild of Bloxam Avenue and Almond Street along
with overlays of Millholland Street and Almond Street. These improvements will provide the
necessary road support for the dealership operation along with users in the vicinity.
The granting of this conditional use permit is consistent with the Commercial Future Land Use
designation in the comprehensive plan. The proposed use will not be detrimental to the health,
safety or general welfare of persons residing or working the vicinity. The applicant is improving
the current conditions of the road network, which would be an improvement to those residing or
working in the vicinity. The proposed use will comply with the regulations of the Land
Development Code, such as landscaping, architectural guidelines, and stormwater retention. This
particular location has experienced the loss of a direct US 27 access point via Highland Avenue,
in which has made it challenging for commercial projects to be viable at this location. The
proposed dealership would be a destination for specific users, and this particular location would
be considered desirable. Staff has reviewed the application and supporting material and
recommends approval of Resolution 2023-023R with added revisions as requested.
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Planning & Zoning Commission
September 5, 2023
Merideth Nagel, Esq., Merideth Nagel, PA, Applicant, stated this site has been vacant for some
time due to numerous challenges such as lack of access to and from the site. She explained various
surrounding road improvements the developer will be funding along with donating approximately
22 percent (1.9 acres) of the property to the City. She provided the economic impact this will have
in the city.
The floor was opened for public comments. With no speakers present, the floor was closed.
Commissioner Norton stated he is excited about this use on the parcels and appreciates the road
improvements that are being proposed. He questioned how this dealership would impact the
surrounding community with regards to buffering, lighting, road improvements, and the land
donation. Planning Manager Kruse explained the landscaping will be required according to the
LDC, photometric plans will be required, Public Works is working with the road improvements;
and further, Development Services Director Henschel stated the City does not currently have any
plans for the donated parcel.
Commissioner McAllister indicated she is happy to see this type of use on these parcels instead of
condominiums. She asked about the signage off of State Road 50 and whether it will be electronic.
Planning Manager Kruse confirmed the sign will not be electronic.
Commissioner Grube asked whether the stop sign at Almond Street and Bloxam Avenue will
remain as that is a recurring issue. Planning Manager Kruse indicated he is unable to answer,
because road improvements are handled by Public Works. Ms. Nagel promised that the developer
will do what is required by the traffic study.
Vice -Chair Niemiec asked for clarification on the sign and whether there will be lights on the sign,
because lights are electronic. Planning Manager Kruse explained lights are permissible on signage
and are not considered electronic signage. Vice -Chair Niemiec further asked if there will be a light
in the display. Ms. Nagel explained it will be lighted at night to show not only the display, but also
to light up the parking spaces. Vice -Chair Niemiec described current conditions on State Road 50
at this vicinity. He further inquired why road improvements were not part of the previous proposed
condominium project. Planning Manager Kruse explained the condominium project was a
residential use which would not have exceeded the weight limit. Vice -Chair Niemiec stated he is
very happy about this proposed project.
Commissioner Guerrero stated he is looking forward to this project and had no questions.
Chairman Krzyminski asked where the main entrance to the dealership will be. Ms. Nagel
explained traffic will likely turn onto Millholland Street north to Almond Street. Chairman
Krzyminski stated his concern of noise from the service department and asked where that is
located. Ms. Nagel indicated the service department will be inside with external landscape
buffering.
Vice -Chair Niemiec inquired of the hours of operation for the service department. Ms. Nagel stated
7amto6pm.
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Planning & Zoning Commission
September 5, 2023
MOTION TO RECOMMEND APPROVAL of Resolution 2023-023R Conditional Use
Permit (CUP) for Volkswagen of Clermont as presented by staff; Moved by Commissioner
McAllister, Seconded by Commissioner Guerrero. Motion passed 6-0 with Commissioner
Colby absent.
Item 2 - Resolution 2023-028R — Intuitive Emereencv Clinic Conditional Use Permit (CUPI
Senior Planner McGruder presented as follows:
The applicant is requesting a Conditional Use Permit (CUP) to allow a 24 hour emergency clinic
to be located in the vacant CVS Building, located at 4405 South US Highway 27, at the intersection
of Hartwood Marsh Road and US Highway 27. The future land use designation is Commercial
and the current zoning is C-2 General Commercial. The Land Development Code, Section 125-
337, requires a conditional use permit for a hospital based off campus emergency department that
provides emergency services and care. The property is currently developed with the existing
building, landscaping and infrastructure for the site.
The proposed facility provides emergency services that are distinct from a hospital under the
statutory definitions for the State of Florida. The clinic will be required to provide a detailed plan
to handle any emergency transfers requiring air and/or ground patient transport services. The
facility will be licensed as a Hospital -based off campus Emergency Department of the OF Health
Leesburg Hospital.
Staff has reviewed the CUP application in accordance to Sec. 86-144 (d) of the Land Development
Code. The proposed intensity, character and type of development is in compliance with the
Clermont Comprehensive Plan goals, objective and policies for Commercial land use. A traffic
impact analysis has been completed, and it has been determined the proposed project would
provide a reduction in trip generation, therefore, would be considered a "de minimis" impact on
the transportation network. Staff recommends approval of Resolution 2023-028R.
Tara Tedrow, Esq., Lowndes Law, Applicant, explained numerous benefits of this proposed CUP
such as a significant decrease in traffic, location with the projected nearby growth, and situational
acuity care provided by the facility.
The floor was opened for public comments. With no speakers present, the floor was closed.
Commissioner Guerrero asked whether this is proposed as an emergency room or urgent care. Ms.
Tedrow explained it is called a Hospital Based Off -Campus Emergency Department, which
encompasses both and is tailored to the needs of the patients.
Vice -Chair Niemiec stated he is glad to see this vacant building may be of good use; and further,
indicated he is concerned with the location with regards to the surrounding roadways and
ambulances accessing the site. Ms. Tedrow explained a traffic study was not required because this
project shows a reduction in traffic.
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Planning & Zoning Commission
September 5, 2023
Commissioner Grube asked what the projected staffing would be. Ryan Solstice, LPG Urban &
Regional Planners LLC, stated currently this site is anticipated to have 14 beds with 16 employees.
He further explained pedestrian accesses will be provided with the expansion of Hartwood Marsh
Road.
Commissioner McAllister asked if there will be a triage for care, and stated she sees more
ambulances leaving for transport than arriving. Ms. Tedrow answered there is a proposed triage;
and further, confirmed ambulances will be transporting out more so than brining patients to the
facility. Discussion ensued regarding transporting of patients. Commissioner McAllister stated she
is happy to see the vacant building being used.
Commissioner Norton asked if the Conceptual Plan in the packet is the site plan and shared his
concerns regarding pedestrian accessibility and safety. Mr. Solstice explained those types of
pedestrian recommendations can be made from staff.
Chairman Krzyminski asked how air flight would work at this location and whether 24-hour
security guards are included in the 16 count employee number. Ms. Tedrow explained a patient
would be transported to a nearby area where air flight can land, and security is included in the 16
count employee number.
MOTION TO RECOMMEND APPROVAL of Resolution 2023-023R Conditional Use
Permit (CUP) for the Intuitive Emergency Clinic; and further, requested staff to work with
the applicant to incorporate pedestrian areas, crosswalks and traffic calming; Moved by
Commissioner Norton.
Senior Planner McGruder explained once this CUP is approved it will go back to staff for
site plan review, and staff will make sure that the pedestrian accesses are ADA compliant.
Seconded by Commissioner Guerrero. Motion passed 6-0 with Commissioner Colby
absent.
Item 3 — Ordinance 2023-027 Parkine Code Amendment, Section 115-14
Development Services Director Henschel presented as follows:
Staff is proposing an amendment to the city parking code. This amendment will clear up a
misconception regarding parking requirements within the Central Business District (CBD) zoning
district. Staff recommends removing an asterisk in Section 115-14 that indicates parking is not
required for multi -use developments within the Central Business District of Downtown. This was
never the intent of the code. It was placed in the Land Development Code (LDC) in 2018 as part
of an overall parking code amendment. The way it was implemented into the code has been
misleading. Removing the asterisk has also necessitated a few adjustments in the parking table as
well.
The floor was opened for public comments. With no speakers present, the floor was closed.
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Planning & Zoning Commission
September 5, 2023
Commissioner Norton asked for clarification regarding parking within the CBD. Development
Services Director Henschel explained this amendment is for new developments within the CBD.
MOTION TO RECOMMEND APPROVAL of Ordinance 2023-027 LDC Amendment
for Chapter 115 Parking Code; Moved by Commissioner McAllister, Seconded by Vice -
Chair Niemiec. Motion passed 6-0 with Commissioner Colby absent.
UNFINISHED BUSINESS - None
DISCUSSION OF NON -AGENDA ITEMS - None
ADJOURNMENT
Chairman Krzyminski adjourned the meeting at 7:22 p.m.
Max Krzyminski
ATTEST:
kithy lard, PlanningCoordinator
Pagc - 6