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HomeMy WebLinkAboutMinutes - 07.01.2025 - Planning and ZoningCITY OF CLERMONT PLANNING AND ZONING COMMISSION MINUTES JULY 1, 2025 CALL TO ORDER Chair Bain called the meeting of the Planning and Zoning Commission to order on Tuesday, July 1, 2025, at 6:30 p.m. MEMBERS PRESENT: Chair Bain, Vice -Chair Niemiec, Commissioner Colby, Commissioner Cramer, Commissioner Hoisington, Commissioner May, Commissioner Tidona ALSO PRESENT: Planning Manager Kruse, City Attorney Waugh, Planning Coordinator Rae Chidlow PLEDGE OF ALLEGIANCE MINUTES MOTION TO APPROVE the June 3, 2025, Minutes of the Planning and Zoning Commission meeting as amended, made by Commissioner Colby, seconded by Vice -Chair May. Motion passed 7-0. REPORTS Commissioner Colby had no reports. Vice -Chair Niemiec had no reports. Commissioner Cramer reflected on the last meeting, expressing appreciation for respectful and thoughtful engagement among commissioners, even during disagreements. He thanked legal counsel Mr. Christian Waugh for his guidance and communication with the City Council. He emphasized that the commission's discussions impact on the city's future and expressed pride in serving with integrity. Commissioner Hoisington stated she attended two Board of County Commissioners meetings regarding charter counties and agriculture. She encouraged others to view the meetings online due to their informative nature. She stated that she hopes for future public meetings in various districts to broaden understanding. Commissioner Tidona stated he would be absent from the August meeting due to vacation. He reiterated commitment to three priorities: overdevelopment as a life safety issue, conservation, and historic preservation. He mentioned two community organizations, Clermont Woman's Club that focuses on education and local charities; their historic schoolhouse is nationally recognized. The other organization is Central Florida Plant Rescue Team who volunteers to work to preserve native plants before development occurs. He expressed concerns about the imbalance in how citizen comments were handled, concern that development is prioritized over traffic and safety issues, pointed out inconsistencies in how code changes are evaluated, legal insights that Florida laws favor developers, citing environmental law feedback, and overdevelopment -related flooding as an emerging life safety concern and stressed the need for shelter -in - place readiness. Commissioner May thanked Commissioner Cramer for fostering positive dynamics among members. She confirmed she was the Planning & Zoning Commissioner who was told to stop speaking during a council meeting. She referenced Section 101-282 of the code to affirm the commission's role in advising on rezoning and comp plan amendments. She requested the ability to submit a written summary of Page - 1 Planning & Zoning Commission July 1, 2025 commission findings to council to avoid repetitive questions and miscommunication, especially when minutes are not available. Chair Bain supported the summary report idea and offered to coordinate with the City Manager and Attorney to explore a solution. He stated that the July 4th Red, White, and Boom event will be at Waterfront Park (5-9:30 p.m.), with fireworks at 9:00 and free shuttle services from four locations. He mentioned the FY26 budget was expected to be released that day and encouraged commissioners to review it. He stated that the upcoming City Council budget workshops would be held July 8, 10, and 15 at 9:00 a.m. in council chambers. He talked about County Growth Management workshops, commending their collaborative nature and encouraging commissioners to watch replays and review the survey online. City Attorney Waugh gave an overview of Senate Bill 180, recently signed into law that temporarily restricts local governments from making more stringent changes to land development codes and comp plans (retroactive to August 2024 and in effect through 2027). He stated it was aimed at reducing post - hurricane regulatory burdens and may invalidate recent local code changes, such as added parking requirements. He stated that legal gray areas remain, especially regarding what constitutes "more burdensome" changes and further legal interpretation, or advisory opinions may be needed. NEW BUSINESS Chair Bain disclosed that the developer had emailed him after this project appeared before the Planning Commission previously. Item No. 1— Resolution No. 2025-013R — Clermont West Phase 2 Conditional Use Permit Planning Manager Kruse presented as follows: The applicant, Clermont West Investors, LLC is requesting to develop the southern portion of a C-2 General Commercial zoned parcel fronting on Hooks Street, located south of Portillo's, between Hobby Lobby and Ford of Clermont. The property is approximately 10 +/- acres in size. The applicant is proposing two (2) hotels in the interior portion of the property, up to five -story in height, with a maximum square footage of 70,000 square feet each and a total of 250 rooms collectively. The southernmost portion of the property will consist of a stormwater pond and a 12,500 square foot daycare facility. An interior vacant lot (1.12+/acres) will be available for C-2 General Commercial uses. No user has been identified by the applicant at this time for the vacant lot. The applicant is required to seek a conditional use permit due to the proposed hotel building sizes over 20,000 square feet, shared parking between the hotels, and two (2) special conditions: (1) to allow zero (0) foot internal landscape buffers between internal lot line and (2) to allow a maximum grade within the perimeter landscape buffer up to 25%. Last year, the applicant previously applied for a similar project with hotel use, three-story self -storage, and daycare use that was not approved by the City Council along with 6 special conditions. The applicant has revised the site plan with removing the self -storage component, reduction the number of special conditions and shifted the stormwater around within the site. Access to the site will be from the existing western driveway access point on Hooks Street, serving the Ford of Clermont and this development. In addition, the site will be accessed from the existing SR 50 entrance and the Sandy Grove access point to the east. The secondary access point on Hooks Street between the stormwater pond and the proposed daycare site has been acknowledged by Lake County and will warrant improvements along Hooks Street, as indicated in the traffic impact analysis review memo. Staff have reviewed the CUP application in accordance with Sec. 101-212 of the Land Development Page - 2 Planning & Zoning Commission July 1, 2025 Code. With the revised changes, the project does not appear to conflict with the Comprehensive Plan. The future land use is Commercial and the proposed uses, particularly the hotel use, is supported by Policy 1.9.3. The applicant has made some revisions to the original proposal to lessen the intensity along with other site changes that alleviate staff s concerns about the compatibility of the development in the area. In addition, with the revision of parking areas within the development, pedestrian safety appears to have been improved. Staff recommends approval of Resolution 2025-013R. The floor was opened for public comments. With no speakers present, the floor was closed. Commissioner Colby expressed appreciation for the revised plans and sought clarification about pedestrian connectivity and grade changes between development phases. He asked whether the trails would be steep or require stairs. He also asked about the landscaping. Cory Sider, 630 South Maitland Ave., Maitland, clarified that the grade change between phases is minimal and ADA-compliant sidewalks would ensure accessibility. He stated the plan includes walkable paths connecting hotels to nearby restaurants, which enhances the site's marketability. He confirmed there would be enhanced greenery around the hotel buildings, tailored to tenant standards. Commissioner Niemiec also expressed appreciation for the revised plans. He questioned staff on how to prevent an extended stay hotel. He asked for clarification about the dumpster location, pedestrian access, landscaping and the grade changes between the parcels. He asked about the drop-off/pick-up for the daycare. His concerns were about steep grading, and stormwater management. He questioned the ownership of the easement near the Ford dealership. John Kruse confirmed the hotel is not intended to be an extended stay and any change would require council approval due to conditions in the conditional use permit. Cory Sider stated a daycare tenant hasn't been finalized yet. He confirmed there would be fencing between the daycare and stormwater ponds and that there would be no drive -through drop-off. He stated the parents must park and walk their children into the daycare. He confirmed the location of the dumpster. Ryan Stahl, 630 South Maitland Ave., Maitland, confirmed that there is an easement in place. Commissioner Cramer concerns included the zero internal landscape buffers, steep grading and maintenance, shared parking, the daycare, and the unassigned parcel. John Kruse confirmed that similar zero internal landscape waivers had been granted in other developments. He noted that similar site grading allowances have been made in previously altered sites. He stated that any changes or expansion to the sites would require new approvals. Cory Sider explained the zero internal landscape waiver was to allow for a more cohesive and space - efficient design for the site. He confirmed the property owners' association would be responsible for the maintenance of the site. He said the unassigned parcel would be subject to the current C-2 General Commercial zoning regulations. He confirmed that there would be fencing and retaining walls in place that would separate the daycare from nearby stormwater ponds. Ryan Stahl confirmed that a CC&R agreement exists and would be extended to new parcels to ensure shared maintenance, access, and shared parking. Commissioner Hoisington stated that her concern is approving a site plan with an undesignated parcel, impacts on traffic, site cohesion, and possible requests for special conditions. Page - 3 Planning & Zoning Commission July 1, 2025 Commissioner Tidona is concerned with safety, traffic, infrastructure strain, and project compatibility related to the proposed mixed -use development. He stated with the uncertainty of the undesignated parcel and its impact on traffic. He emphasized concerns over life safety and overburdened infrastructure, particularly around Hook Street and other nearby developments. Commissioner May showed concerns with traffic flow, pedestrian safety, landscaping, and site compatibility. She expressed concern over inadequate access to roads. She noted that traffic flows through parking lots, lacking dedicated roadways for vehicles, leading to potential congestion and safety hazards. She questioned whether the planned pedestrian elements were sufficient. She regarded Winter Garden Village's landscaped walkways as a better model. She criticized the location of the daycare near hotels, citing privacy and safety concerns. She highlighted the lack of a drop-off lane. She questioned the mitigation of the trees that were previously on the site. She is requesting a tree survey and the enforcement of Section 123 which governs tree removal and mitigation. She questioned the difference in the acres listed on the site plan parking verses the ordinance. Cory Sitler stated that the property was previously used for utility purposes decades ago and the previous owner planted pine trees. He stated that they do have a landscape architect in house that can verify the species of the trees. He stated that they could add a condition that they provide a tree survey. He confirmed the discrepancy of the acreage on the parking verses the ordinance is a portion of a parcel that is technically in Phase 1, but it is included in the conditional use permit. Chair Bain questioned what is required for a survey and tree mitigation. He has concerns about the traffic flow within the site. He asked what would be on the south side of the playground and mentioned the playground being fenced. His concern with the undisclosed parcel is what is allowed in the C-2 General Commercial zoning. He stated that it could be a bar or other undesirable commercial entity. John Kruse stated that for tree mitigation a tree survey would be done on the site and identify the preferred trees. He stated that in this case the site was a mine. It was planted for agricultural purposes. He used an example, if there were 100 trees at 3 inches each, that would be 300 inches that they would have to replace. The way they estimate the cost is they must provide the city with a verifiable receipt from a landscaper showing the cost of the tree, the cost of installation, and a one-year warranty on the trees. Cory Sitler stated that the playground was shifted to the south and added walls. Ryan Stahl stated that with the CC&Rs that are in place, they restrict those types of uses such as a freestanding bar. MOTION TO RECOMMEND APPROVAL of Resolution No. 2025-013R Clermont West Phase 2, Conditional Use Permit; Moved by Commissioner May with a condition to provide a tree survey and follow Section 123, Seconded by Commissioner Colby. Motion passed 5-2, with Commissioners Tidona and Niemiec not approving. Item No. 2 - Ordinance No. 2025-026 — CarMax Expansion Small-scale Comprehensive Plan Amendment Item No. 3 - Ordinance No. 2025-027 — CarMax Expansion Rezoning Planning Manager Kruse presented as follows: The applicant, Thomas Dixon, is requesting annexation, a small-scale comprehensive plan amendment and rezoning of the subject property. The property is located east of County Road 455 and north of State Page - 4 Planning & Zoning Commission July 1, 2025 Road 50, adjacent to Auto Plex Lane, and is approximately 17.242 +/- Acres. The property meets the requirements for consideration of annexation under Florida Statues 171.044 by adjacency to the current City limits. The property is located within the JPA and ISBA service boundaries and the City issued a utility letter documenting intent to serve the property in September 2024. Lake County is in the final stages of approving the final site plan for development with an understanding the city will be providing water and sewer services. The property shall be developed as a continuation of the existing CarMax dealership to be used as an auto inventory, wholesale auction, and other accessory uses to the dealership The proposed site plan has been reviewed by the Clermont Site Review Committee as part of the JPA Agreement to ensure the proposed development complies with the Clermont Land Development Regulations (LDR). The current future land use in Lake County is Commercial. As part of the annexation process, the property will need a City of Clermont future land use designation. A similar designation in the city is Commercial and would be compatible with the proposed end development. Most of the existing future land uses in the area (East, South, and a portion to the West) are Commercial future land use. The applicant's request to change the future land use to the City's Commercial designation does not propose a conflict with the existing uses and land uses in the area. The proposed project and the existing Lake County future land use are commercial. Several parcels in the area are City of Clermont Commercial and this would be a continuation of that future land use. Staff recommend approval of the Small -Scale Comprehensive Plan amendment to change the future land use from Lake County Commercial to City of Clermont Commercial. Staff recommend approval of Ordinance 2025-026. Rezoning The applicant is requesting a rezoning from Lake County Planned Commercial (CP) to City of Clermont Planned Unit Development (PUD) as part of the annexation process. The property has an existing ordinance, Ordinance 2025-03, issued by Lake County that includes specific development requirements relating to the proposed end use as auto inventory, wholesale auction, and other accessory uses with the adjoining existing CarMax dealership. The property was previously used as an asphalt plant operating under Lake County Industrial zoning prior to the recent zoning change to Planned Commercial in Lake County. The requested City's PUD zoning would allow the transfer of the existing specific development requirements. As part of the PUD, the applicant would be required to develop the site in substantial accordance with a site plan. The proposed site plan as part of the City's Ordinance has been reviewed by the Clermont Site Review Committee as part of the JPA Agreement to ensure the proposed development complies with the Clermont Land Development Regulations (LDR). This site plan would replace the one currently in Lake County's Ordinance. The majority of the specific development requirements have been incorporated in the City's ordinance with a few changes to coincide with the City's Land Development Code or been eliminated since the City's code addresses the issue, such as noise and mass grading, or is no longer applicable, such as annexation requirements. The capturing of the existing zoning of Planned Commercial is most appropriately suited to the City's Planned Unit Development, since this allows an ordinance format and allows specific uses to be documented as conditions. Staff are in support of the rezoning request and recommends approval of Ordinance 2025-027. Jimmy Crawford, 702 W. Montrose St., stated that he is representing the applicant. He stated that the applicant has been working with Lake County and received their PUD approval. He stated that they applied for the site plan review and is required to supply a utility agreement. He stated that the agreement comes with a covenant to annex so that is their intent. Page - 5 Planning & Zoning Commission July 1, 2025 Cassidy Clemens, Denver, CO, showed her presentation. The floor was opened for public comments. With no speakers present, the floor was closed. Commissioner Colby stated that he is excited for the improvements to this site. Commissioner Niemiec had no comments. Commissioner Cramer expressed concerns about environmental conditions and increased delivery truck traffic. Cassidy Clemens stated that during the feasibility period of the research is completing phase one environmental site assessment and if need be, a phase two environmental site assessment is completed if phase one indicates the need. She stated that there are no outstanding environmental concerns. Jimmy Crawford stated that the previous site, Dewitt, was federally regulated that dealt with hazardous materials and therefore they were inspected and required to test frequently. Brent Lenzen, Kimley-Horn, explained that there is no off -site traffic improvements associated with the project. He stated that the trips generated would be less than what the current site generates. Commissioner Hoisington had no comments. Commissioner Tidona asked that they expand on how they will be improving Autoplex Lane. Brent Lenzen stated that the property was previously barricaded and fenced off so there was no access, except Toyota. When Tesla improved their site, they did the same resurfacing of the road to their northern limits. He stated that they will implement the same pavement restoration and resurface all the way to the north which gets to the County trail head. Commissioner May questioned Autoplex Lane connecting to the trail head. She asked how many people show up for the weekly auctions. Brent Lenzen explained the County's intention for the trail head. Steve Hudac, 12800 Tuckahoe Creek Pkwy, Manakin -Sabot, VA, stated that their target for an auction is between 200-400 customers. They would be licensed dealers in the State of Florida. He stated that how many shows up on site depends on market conditions. He stated it is limited on site participation because most bid online. Chair Bain mentioned four points, connection to the trail head, less traffic, improvement overall to physical, sound, environmental and quality of life. He also appreciates them annexing into the city. MOTION TO RECOMMEND APPROVAL of Ordinance No. 2025-026 CarMax Expansion Small-scale Comprehensive Plan Amendment; Moved by Commissioner Niemiec, Seconded by Commissioner Cramer. Motion passed 7-0. MOTION TO RECOMMEND APPROVAL of Ordinance No. 2025-027 CarMax Expansion Rezoning; Moved by Commissioner Niemiec, Seconded by Commissioner Cramer. Motion passed 7-0. Page - 6 Planning & Zoning Commission July 1, 2025 DISCUSSION OF PROPOSED RULES The city attorney presented a proposal to enable commissioners to engage in more flexible, transparent information -gathering practices for quasi-judicial matters. The discussion centered around Florida Statute 286.0115, which would allow: 1. Site visits, expert consultations, and communications with applicants or the public —so long as those interactions are disclosed and made part of the public record before any vote is taken. 2. Written communications (e.g., emails) and ex-parte discussions to be considered non -prejudicial if properly disclosed. 3. Ordinance or resolution adoption by the City Council as a prerequisite to enabling these new procedures. The city attorney clarified that while no directive had been issued by the City Council, a consensus from the Commission could prompt further action. Key points raised by Commissioners included: • Frustration with limited information in staff packets and the desire for more direct observation and input. • Clarification of what kinds of conversations with residents and business owners would be permissible under the proposed change. Informal chats would be allowed if disclosures were made, and the information becomes part of the official record. • Concerns about the Sunshine Law, especially unintentional violations at public events or online. The attorney emphasized that board members must avoid discussing agenda -related issues with one another outside of properly noticed meetings, even in casual or social settings. • Discussion about the credibility and weight of resident input versus expert testimony, with some commissioners expressing interest in being able to consult independent experts to challenge or support development claims. • Desire for parity between the commission and the City Council, noting that council members currently have more leeway in site visits and communications. Commissioners broadly supported moving forward with the proposal, with the city attorney agreeing to share the draft resolution for review and discussion with the city manager and council. DISCUSSION OF NON -AGENDA ITEMS There were no discussions of non -agenda items. ADJOURNMENT — 9:17 pm ChWulWnr ATTEST: �_klb�AX16 Rae Chidlow Page - 7