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HomeMy WebLinkAboutMinutes - 05.06.2025 - Planning and ZoningCITY OF CLERMONT PLANNING AND ZONING COMMISSION MINUTES MAY 69 2025 CALL TO ORDER Chair Bain called the meeting of the Planning and Zoning Commission to order on Tuesday. May 6, 2025 at 6:30 p.m. MEMBERS PRESENT: Chair Bain, Vice -Chair Niemiec, Commissioner Colby, Commissioner Cramer, Commissioner Hoisington, Commissioner May, Commissioner Tidona MEMBERS ABSENT: None Chair Bain stated that the cameras for dais is out so those watching online are not having technical difficulties, the City was having the technical difficulties with the camera. ALSO PRESENT: Development Services Director Henschel, Planning & Economic Development Officer Nicolas Gonzalez, City Attorney Waugh PLEDGE OF ALLEGIANCE MINUTES MOTION TO APPROVE the April 1, 2025 minutes of the Planning and Zoning Commission meetingmade by Commissioner Cramer, seconded by Commissioner Colby. Motion passed 7-0. REPORTS Commissioner Hoisington stated she attended the City Council meeting, Kiwanis Prayer Breakfast, and the lunch with the Mayor. Commissioner Tidona discussed the traffic concurrency and mobility fees and the impact of development. He stated that he started a class with Ohio State University that is a six week self - pace certification course. He mentioned other classes coming up in the fall. He discussed the issues with rats as new development is progressing. He stated that he has a link if anyone is interested in it for their green book. He stated that the Florida DOT offers a free six part 90- minute webinar that gives you an idea on how to look into the green book. He also mentioned his concern that he can't go visit a site that is brought before Planning and Zoning. Commissioner May discussed the Senate Bill 1730 which is also known as the Live Local Act. Commissioner Colby thanked the other Commissioners for their reports and stated it was good information. He stated he had not reports. Vice -Chair Niemiec stated that he wanted to also thank the other Commissioners and stated that he couldn't be more proud of the Planning and Zoning Commission right now. He stated he wanted to ask Attorney Waugh about visiting the site and surrounding areas at the appropriate time. PW-1 Planning & Zoning Commission May 6, 2025 City Attorney Waugh stated that when Chair feels it's appropriate for them to discuss the issue about visiting sites then that's when it will be discussed. Commissioner Cramer thanked Chairman Bain for his steady leadership and keeping everyone focused and productive. He stated that in their last meeting they worked through some really complex things and he appreciated the respect that they showed each other. Chair Bain stated that he too attended the Kiwanis breakfast. He liked hearing about the Building Blocks Ministries and the work they do for adults with disabilities in the community. He provided an update on the Wellness Way MSTU workshop. He stated that he would like to add the discussion about visiting sites on the next agenda Development Services Director Curt Henschel introduced Nicholas Gonzalez. NEW BUSINESS Item No. 1 - Ordinance No. 2025-011 Heritage Square Florida Rezoning Development Services Director Curt Henschel presented as follows: The applicant, Tom Kovatch, is requesting a rezoning to C-2 General Commercial zoning to remove the previously approved Planned Unit Development (PUD Ordinance No. 201947) for a distillery with tasting room, restaurants and retail shop. The vacant 6.01 +/- acre parcel, previously used as a steel fabrication site, is located at the northeast corner of SR 50 and 12th Street (CR 561). The property was rezoned from M-1 Industrial to the PUD in November of 2019 by City Council. As part of the PUD, the applicant requested seven special waivers to the Land Development Code in order for this development to be considered. The applicant is willing to remove these entitlements at this time and seeks to develop the property under the direction of permitted C-2 General Commercial uses since the distillery is no longer a viable option. The applicant also purchased a small portion of the adjoining property at the southeast point that is now incorporated into the request. This small pie shaped piece is currently zoned M-1 Industrial and the applicant wishes this piece to be rezoned to C-2 General Commercial as well. The property has a future land use of Commercial, which aligns with the C-2 General Commercial zoning. The applicant, at the time of securing users for the site, will be required to go through the site review process and meet the Land Development Code. If a variance is needed or if a use is a conditional use, then the applicant will be required to seek council approval. Staff recommends approval of Ordinance No. 2025-011. Keith Kovatch, 17304 Pesce Loop, Montverde, stated the original plan included a distillery, however due to legislation the plan fell through. He stated that he is to rezone to C2 Commercial but does not have any plans or contracts in place right now. He stated that the current zoning makes it more difficult for marketing. Charlene Forth, 939 W. Desoto Street, stated she wants in writing where it states that Commissioners cannot visit a site. She stated that she has pictures of what's going on in her neighborhood. She stated that the developers and investors are not here to protect their life or make it better. She stated that parked cars in the photos are from the American Legion. She Page - 2 Planning & Zoning Commission May 6, 2025 stated that this is a residential area. She showed a layout of the area showing the development and residential area. Commissioner Niemiec asked where the cars were parked. The floor was opened for public comments. With no speakers present, the floor was closed. Mrs. Forth showed on her drawing where they were parked on Desoto Street, down 10t' Street, W. Juniata Street, and around 1 la' Street. With no further speakers present, the floor was closed. Commissioner Hoisington stated that she's trying to understand the potential harm to the area if they don't know what is going there. Commissioner Tidona stated that downtown Clermont is losing its cozy feeling with all the development. He stated that the way he sees Planned Unit Development means an area with a specified acreage with specific land development codes with single entity containing a system of structures but takes great care in open spaces, setbacks, buffer areas and so forth. He stated once you go to C2 General Commercial the intent if for a full scale retail sales and service needs of the community. He stated the C-2 General Commercial could include strip malls, restaurants, and lounges. He stated that 12' Street is also known as 561 that goes all the way up to Tavares so he can imagine that this is a major thoroughfare from Highway 50 to Tavares. Commissioner May stated that what she sees is she can see what is being built in the PUD because it's defined in the original PUD as up to six buildings with a maximum of 60,000 square feet with permitted uses being commercial, office, retail, restaurants, bottling and warehouse distillery bar. She stated that they cannot go backwards, and she understands the land use allows for commercial but she doesn't like doing a rezoning not knowing what will be built. Mr. Kovatch stated that originally they were going to do a distillery that allowed the community to come in and tour it. He stated that from a financial standpoint, the House had on the floor a legislation that would increase the amount of gallons that you could produce and would allow them to serve similar to a brewery or winery. He stated at this time Florida did not pass that legislation where you could charge by the glass, so you had to go through a third party distributor. He stated that when that fell through it would not be financially viable to go through with the distillery. Commissioner May asked if that is the reason the property is on the market. She asked if they change it to C-2 will he keep the property and building. Mr. Kovatch stated that if they get the C-2 they plan to develop it in some way but it is harder to market to potential prospects when they see it's a PUD for a distillery. He stated that whatever they do there, it will include adequate parking. Page - 3 Planning & Zoning Commission May 6, 2025 Commissioner May stated that he could potentially amend the PUD and not go through a rezoning. She stated that he already had the density of 60,000 square feet but if he goes to C-2 zoning that will downgrade the density. Mr. Henschel stated that was correct. He stated that in C-2 zoning, anything over 20.000 square feet would require a conditional use permit. Commissioner May asked if a traffic study had been completed for the property. Mr. Kovatch stated that there was a traffic study done for the PUD. Commissioner May stated that she would have liked to have seen that included in the packet. Commissioner Colby stated that he was on the Commission in 2019 when the distillery was approved. He feels this is a very important parcel as it is on part of the western gateway into the city. He stated that he too would like to see what would be going prior to the rezoning. Attorney Waugh stated that there are standards in the City's code that needs to be considered on rezoning applications. He stated that really there are three things, whether the proposed rezoning is justified by changed or changing conditions, whether adequate sites already exist for the proposed district, and whether specific requirements of the land development code are adequate to ensure compatibility with adjoining properties. He stated these items are in Section 101-284, subsection 3. Vice -Chair Niemiec stated that according to the application, are you Thomas or are you Keith? Mr. Kovatch stated that he is Keith, Thomas's son who is in New Jersey right now. Commissioner Niemiec asked how many owners are involved in the property. Mr. Kovatch stated that the owner is a family trust of which he is the beneficiary and his father is the trustee, so there are only two. Commissioner Niemiec stated that he attends the church across the street and when the church lets out there's a lot of traffic. He stated that when he leaves, he goes the opposite direction on 561 he sees a lot of coming soon signs. He stated that even though it doesn't pertain to this property it pertains to the area growing fast. He stated that he feels what is in the packet is not enough information. He stated that he would like to know what is going to be built there. Mr. Kovatch stated that at this time he has no contracts. He stated that if they looked at their previous projects the Commission would see they are not here to build anything ugly. He stated that they are here to build something that is a need for the community. He stated the rezoning would make the property more marketable and provide them more options to bring back to present to them. Commissioner Cramer asked what the zoning was prior to the PUD. Page - 4 Planning & Zoning Commission May 6, 2025 Mr. Henschel stated that it was M-1 Industrial. Commissioner Cramer stated that he would have more concern over parking issues with the current PUD than he would if they changed it to C-2 General Commercial. He stated that regardless if they pass this or not, the applicant would have to come back before the Commission. He stated that the pros of converting it to C-2 General Commercial it aligns with other parcels on Highway 50. Chair Bain stated that the comments made by Commissioner May and Commissioner Colby were very accurate. He stated that sometimes it's better to work with what is known verses what is unknown. He stated that he does not have an issue with the parcel being C-2 General Commercial as everything surrounding it is commercial or M-I Industrial. He stated maybe an amendment to the current PUD or a change to C-2 General Commercial with some specific conditions in terms of compatibility. He stated that it is difficult to make a zoning changing without know what will go on the parcel. MOTION TO RECOMMEND APPROVAL of Ordinance No. 2025-011 Heritage Square Florida rezoning; moved by Commissioner Cramer. Seconded by Commissioner Niemiec. Motion failed 1-6. Item No. 2 - Ordinance No. 2025-017 Land Development Code Amendment Development Services Director Curt Henschel City Staff is proposing code changes to the Land Development Code regarding Landscaping. These changes are focused around water conservation within the city. Several sections of Chapter 123 are being amended to create these changes. The amendments involve definition changes for tree types, soil amendment requirements, and the removal of the "preferred tree list" to allow for a new updated "Landscape Materials list" that will be part of the next presented Ordinance 2025-18. City Staff has met on numerous occasions with industry leading experts that helped craft the changes. Staff recommends approval of Ordinance 2025-017. Item No. 3 - Ordinance No. 2025-018 Irrip-ation & Landscaping Regulations Development Services Director Curt Henschel City Staff is proposing code changes to the Land Development Code regarding Landscaping. These changes are focused around water conservation within the city. These changes include: 1. The requirement of soil amendments: this proposed change will require the addition of compost material to the top layer of soil before any new landscape material is to be introduced to the parcel. 2. The requirement of smart controllers. These are wif based irrigation controllers that operate more efficiently when detecting weather events in the area. 3. Limiting the amount of sod to be used: this limitation will limit the overall amount of non -drought tolerant sod from the current allowance of 60% to 25%. Page - 5 Planning & Zoning Commission May 6, 2025 4. Allowing additional Florida Friendly plants to be used within the landscape. The current plant list is being revamped to a referenced "Landscape Standards" which will include all approved species along with an option to utilize approved IFAS (Institute of Food and Agricultural Sciences) Florida Friendly plants. Reducing the annual water budget for each landscape customer from 35 inches per year to 28 inches. This is backed and supported by the St Johns River Water Management District. These changes collectively will substantially contribute to water conservation measures throughout the city, which is being driven by the St. Johns River Water Management District. The water conservation measures are a benefit to the City, the homeowner, and the residents. Staff recommends approval of Ordinance 2025-18. The floor was opened for public comments. With no speakers present, the floor was closed. Joe Fumasi, Wellness Way, stated that he issue with the landscaping and irrigation regulations. He stated that in his area they are required to dig three wells to create their own irrigation system. He stated that St. Johns Water Management said they need to save water but they agree with the City that they need to dig their own wells. He asked how many are on the City's water system for their irrigation, because they are being forced off of it. He stated that he asked that 2025-018 be amended to compel the City to look at reclaimed water and other resources because this just addresses residential, not commercial, so it seems the tax burden is on the residents. With no further speakers present, the floor was closed. Commissioner Tidona stated he had no questions. Commissioner May asked about Section 2 Applicability, if it singles out residential. Mr. Henschel stated that they did not single out residential. Commissioner May asked if there is going to be anything added pertaining the wells the gentleman mentioned. Mr. Henschel stated that's a separate issue and he could not answer that question at this time, but he knows that there is efforts being made to work on that issue. Commissioner Colby stated that he had no comments. Vice -Chair Niemiec asked about being able to replace a tree with two palm trees on Section 123-42. Mr. Henschel stated that as long as they meet the size requirements. Commissioner Cramer asked if there was a list that showed what the preferred trees were. Page - 6 Planning & Zoning Commission May 6, 2025 Mr. Henschel stated yes. Commissioner Hoisington stated that she had no questions. Chair Bain stated that it was his understanding that St. John's Water Management is revising the conditional use for the City mandating they change from the 35 inches a year to a 28 inches for irrigation purposes. He stated they will be making those adjustments to all users of the water. Mr. Henschel stated that was correct. Chair Bain stated that the new requirements would eliminate the amount of sod used for development and would require more Bahia grass because it is drought tolerant. He asked what kind of education would be provided to the community. Mr. Henschel stated that the City's PIO is currently working on a campaign to make sure everyone's aware of the change. Chair Bain asked how the City knows if somebody is irrigating against regulations. Mr. Henschel stated that there is software that can tell them what is going on. Chair Bain asked if a community was on a well, would they still have to follow the regulations. Mr. Henschel stated yes. MOTION TO RECOMMEND APPROVAL of Ordinance No. 2025-017 Land Development Code Amendment with the changes of understory wording changed to accent; moved by Commissioner May, Seconded by Commissioner Niemiec. Motion passed 7-0. MOTION TO RECOMMEND APPROVAL of Ordinance No. 2025-018 Land Development Code Amendment; moved by Commissioner Cramer, Seconded by Commissioner Hoisingion. Motion passed 7-0. DISCUSSION OF NON -AGENDA ITEMS ADJOURNMENT - 8: 42 pm C rBan ATTEST: Q-A-4— a4J� Page - 7