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HomeMy WebLinkAboutMinutes - 04.01.2025 - Planning and ZoningCITY OF CLERMONT PLANNING AND ZONING COMMISSION MINUTES APRIL 1, 2025 CALL TO ORDER Chair Bain called the meeting of the Planning and Zoning Commission to order on Tuesday, April 1, 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 ALSO PRESENT: Planning Manager Kruse, City Attorney Waugh, and Planning Coordinator Heard PLEDGE OF ALLEGIANCE MINUTES MOTION TO APPROVE the March 4, 2025 Minutes of the Planning and Zoning Commission meeting made by Commissioner Cramer, seconded by Commissioner Hoisington. Motion passed 7-0. REPORTS Commissioner Tidona passed out a handout from the Florida League of Cities on Mobility Plans, Seminole County's Proposed Mobility Fee, and FDOT Application for Transportation Concurrency Determination within Adjacent Municipality Developments. He explained what Florida Department of Transportation (FDOT) manages after the Community Planning Act of 2011; and further, stated developers can be held responsible for the maintenance of roads that are affected by their development. He noted a couple of agencies that have approved mobility fees that are imposed on future developments. He concluded with stating he thinks Clermont should look into this as many other cities and counties in Florida have already approved it. Commissioner May stated she has been attending City Council meetings, and expressed she was happy to see the afternoon meeting had a big attendance. She noted she attended Pig on the Pond stating it was a great event. Commissioner Colby thanked Commissioner Tidona for the mobility fee research, and stated the City of Mascotte is also utilizing this type of plan as well. Vice -Chair Niemiec thanked Commissioner Tidona for doing some excellent research, and believes this is a very powerful tool. Commissioner Cramer stated he had no report; however, thanked Attorney Waugh for the board training at the last meeting. Page - 1 Planning & Zoning Commission April 1, 2025 Commissioner Hoisington thanked Commissioner Tidona for the information. She stated she attended Pig on the Pond, which was very well attended, and attended the luncheon for the former Chief of Police. Chair Bain stated the umbrellas on their seats are a gift from the City to recognize the members and say thank you for volunteering as April is National Volunteer Month. He noted an upcoming Safe Streets Meeting at the Tavares City Center this Thursday. NEW BUSINESS (Item Nos. I & 2 were heard concurrently.) Item Nos. 1 & 2 - Ordinance Nos. 2025-012 & 2025-013 963 Juniata Street Small Scale Comprehensive Plan Amendment (SSCPA) & Rezonine Planning Manager Kruse presented as follows: The applicant, Dr. Blair Handy, is requesting a small scale comprehensive plan amendment and rezoning for the subject property located at 963 West Juniata Street. The single-family home was constructed in 1954 and is approximately 1550 square feet of conditioned space. Dr. Handy would like to convert the home into a medical office for her audiology practice. She intends on using the existing footprint of the house with no plans for additions at this time. Dr. Handy will work onsite by herself and the hours of operation will be 10 AM to 2:30 PM, Tuesday through Thursday. She will only see one patient at a time. She would like to add a few parking spaces in the City's right- of-way in front of the property for her clients, similar to the adjacent dentist's office to the east. Public Services has reviewed her proposal and did not see any concerns based upon the submittal. More detailed engineering specifics would be required at the site plan approval stage. The size of the property is approximately a quarter (1/4) of an acre. The small scale comprehensive plan amendment would change the Future Land Use from Medium Density Residential to the Downtown Mixed Use designation. The Medium Density Residential Land Use is primarily designated for higher residential density around the downtown area. The requested medical office use is not a use designated in the Medium Density Residential Land Use. The medical office use would be more appropriate in the Downtown Mixed Use designation, especially since the adjoining property to the east is a dentist office and has the Downtown Mixed Use designation. Policy 1.7.3 Downtown Mixed Use is intended to provide for a mixture of residential and business uses. In addition, the subject property is within the City's Community Redevelopment Area (CRA) and the applicant intends to redevelop the property into a higher use. The current zoning is R-3 Residential/Professional with a request for a rezoning to Central Business District, which is compatible with the Downtown Mixed Use future land use. In addition, the combination of the Central Business District and the Downtown Mixed Use would allow Dr. Handy to proceed with the project. With the recent adoption of parking changes under Ordinance 2025-002, projects within the Central Business District have the option to either pay into the City's parking fund or provide spaces. The parking ratio under the Central Business District is one (1) space per 400 square feet of office use. The conditioned area of the house that will be converted to medical office is approximately 1550 square feet; therefore, four (4) parking Page - 2 Planning & Zoning Commission April 1, 2025 spaces would be required based upon the Central Business District parking requirements. The applicant is proposing five (5) parking spaces. With the current placement of the structure and the lot dimensions, adding spaces under the current zoning designation is impossible due to the Land Development Code requirements. Due to the nature of Dr. Handy's practice of having a one-on- one patient setting, the parking demand does not appear to be an issue. As for solid waste disposal, the City can offer can garbage pickup as it is currently offering the single-family residence since it is a small medical office. With the redevelopment of the property and the development pattern of the surrounding area moving outward from the core of downtown, staff is in support of the small scale comprehensive plan amendment to change the future land use from Medium Density Residential to Downtown Mixed Use; and further, staff has no evidence the rezoning to the Central Business District at this location would be incompatible with the uses in the area. Staff recommends approval of Ordinances 2025-012 and 2025-013. Robert Walker, Representing Applicant, Burkett Engineering, 105 E. Robinson Street, Orlando, stated the Applicant, Dr. Handy, is in agreement with staff s findings, and she is present to answer any questions. The floor was opened for public comments. With no speakers present, the floor was closed. Vice -Chair Niemiec asked Dr. Handy if medical wastes will be included in her practice and asked what type of equipment she uses. Dr. Handy stated no medical wastes will be used, and she uses audiological equipment, which includes a computer and probes. She will be performing new -born hearing screenings, which is not currently available in Clermont. Vice -Chair Niemiec asked staff whether one handicap parking spot is enough per ADA. Planning Manager Kruse answered in the affirmative. Commissioner Cramer stated he thinks this is a good use in this area, and really would love to see this type of service be local for the residents. He noted they have met all of the requirements, and he is very favorable for this and hopes the rest of the board is as well. Commissioner Hoisington stated she concurs as well and did not see anything that raised an alarm. She thanked the applicant for bringing this service to the city. Commissioner Tidona asked whether anyone will be living at the property, or is this only a commercial property open from Tuesday through Thursday 10:00 am to 2:30 pm. Dr. Handy stated no one will be living on site, and it will be a professional commercial property. Commissioner Tidona wished her the best of luck and stated this community needs this service. Commissioner May stated she is in support of a medical office on this street; however, she does not support rezoning this property to a larger floor area ratio (FAR) and believes a Conditional Use Permit with a variance for the parking is better suited. Commissioner Colby stated he generally approves of this type of rezoning, but is concerned about how the medical office will transition with the adjacent residential neighborhood. There is a buffer with the neighbor to the east, but no buffer to the west, and asked the applicant if they are planning Page - 3 Planning & Zoning Commission April 1, 2025 to do something in that area. Mr. Walker answered the buffering and landscaping will meet City Code through the site plan review process. Planning Manager Kruse stated there is room around the parking spaces for landscaping. Commissioner Colby stated leaving the trash receptacles visible would also make this parcel look commercial. Mr. Walker confirmed there is an existing fence where the receptacles would be stored behind. Commissioner May asked how it was determined to propose this change through a rezoning instead of going through as a conditional use permit. Mr. Walker explained staff suggested the rezoning because of the parking. Planning Manager Kruse confirmed and expressed the Future Land Use does not allow office use; and further, staff considers adjacent land uses, which the adjacent parcel to the east is zoned downtown mixed -use. Vice -Chair Niemiec asked the applicant whether the same type five-foot bushes would be used on the west side of the parcel like there is on the eastern side. Mr. Walker explained they will adhere to city code. Commissioner Cramer noted no one is present from the public who has concerns about this parcel rezoning from residential to commercial; and further, the business will only be open three (3) days a week, which will be less traffic than a residential use. He expressed he is still in support of this proposed rezoning and with the expansion of downtown. Vice -Chair Niemiec expressed his concerns regarding the aesthetic view with five parking spots in front of the home and how it flows with the neighboring residential homes. He believes tall bushes on the west side of the parcel could alleviate the aesthetic flow from commercial to residential. Commissioner May restated she has no issues with this business; however, up -zoning this parcel could give a future business an opportunity to build up to 55 feet, which would definitely change the make-up of this area. Chair Bain shared his concerns with commercial expanding into residential, but stated this block already has made that transition adjacent to this parcel, which already makes this street a mixed - use. He asked staff how far the public notices went out to adjacent neighbors. Planning Manager Kruse stated public notices were mailed out 200 feet from this parcel. Chair Bain stated he appreciates the fact that the right-of-way parking in the front would not be owned or controlled by this parcel and would increase general parking in the downtown area. Commissioner May asked staff to display the R-3 Residential/Professional District code for the board. Chair Bain stated he is familiar with the code. Planning Manager Kruse restated the Future Land Use (FLU) would have to be amended regardless, because it does not allow office use in the medium density. Commissioner May noted this proposed amendment is rezoning the parcel from medium density to mixed -use instead of professional office which is a lower density. Planning Manager Kruse agreed the professional office is a lower density than the mixed -use; however, there are space limitations with a parcel this size, which will not allow too high of a density. Commissioner May stated for the record that professional offices is permitted under the Page - 4 Planning & Zoning Commission April 1, 2025 current zoning R-3 Residential/Professional District with a Conditional Use Permit, and a waiver or variance may be approved for the additional parking. Chair Bain shared a concern regarding the City impeding small businesses doing business adjacent to an already established business in the downtown CBD zoning. He stated the applicants initially applied with the parking behind the house, and Fire said it was not possible; therefore, city staff worked with the applicant on this proposed solution, which he believes is appropriate as it provides sufficient parking and supports small business. MOTION TO RECOMMEND APPROVAL of Ordinance No. 2025-012, 963 Juniata Street Small Scale Comprehensive Plan Amendment, Moved by Commissioner Cramer, Seconded by Commissioner Hoisington. Motion passed 6-1 with Commissioner Mayopposing. MOTION TO RECOMMEND APPROVAL of Ordinance No. 2025-013, 963 Juniata Street Rezoning; Moved by Commissioner Cramer, Seconded by Commissioner Hoisington. Motion passed 6-1 with Commissioner May opposing_ Item No. 3 - Resolution No. 2025-01OR Sprouts Farmers Market Conditional Use Permit (CUP) Planning Manager Kruse presented as follows: The applicant, Franklin Land Associates, LLC, is requesting amendments to a Conditional Use Permit (CUP) for an existing Planned Unit Development (PUD) known as the Shoppes at Hammock Ridge Crossing. The development is located south and southwest of the Hammock Ridge Road and US 27 intersection. The existing businesses within this PUD are Chick-fil-A and 7 Brew Coffee; along with current construction sites of Staybridge Suites hotel, a micro -hospital and a daycare. The development was originally approved in 2005 under Resolution 1442, and is currently governed by Resolution 1532. The applicant is requesting three (3) changes to Resolution 1532. The first one is an amendment to an existing condition. Sprouts Farmers Market is being proposed on Lot 14 within the development. As part of their business plan, the store displays merchandise outside of their building. Section 8, Item 1 within the Resolution under Outdoor display states "Outdoor display of merchandise is prohibited." The applicant would like to add language to this item to state an exception is allowed on Lot 14. This would allow Sprouts to display merchandise outdoors. Staff is not opposed to this amendment request and would support this change with the stipulation that outdoor display of merchandise shall be limited along the front of the building. The second amendment is for special consideration of front wall signage on the Sprouts building. The applicant is requesting additional secondary wall signage along with an increase of overall square footage of wall signage on the front of the building. A total of six wall signs are being proposed on the Sprouts building with five (5) on the front and one (1) on the rear. The rear wall sign facing Hammock Ridge Road appears to meet the sign code and does not need special consideration. The five (5) wall signs on the front consists of a primary sign and four (4) secondary Page - 5 Planning & Zoning Commission April 1, 2025 signs. The total square footage requested for the front is 546 square feet, in which the primary sign will be 268 square feet. The allowable square footage is 200 square feet per City Code. In comparison to previously approved wall signage variance requests, in 2019 Target was approved for up to 525 square feet of wall signage with a maximum of five (5) wall signs. Recently this year, the new Dick's Sporting Goods was approved for wall signage up to 446 square feet. The applicant has indicated due to the placement of the lot in the interior of the development and the elevation change of approximately 28 feet up from US 27, the visibility from the major arterial roadway is challenging, along with having buildings between Sprouts and US 27 that impede visibility. Staff understands the challenges of the elevation change and interior lot location for visibility, and would support this request. The final requested amendment is for the installation of a multi -tenant monument sign with Sprouts listed as the anchor tenant. The applicant is requesting the ability to construct the monument sign on Lot 9, which is owned and controlled by the developer. The development has been platted with no consideration of a common parcel for a multi -tenant sign along US 27. Therefore, the sign would be considered as an off -site sign. The applicant is requesting this sign to be 20 feet in height and 18 feet in width with a maximum copy area of 203 feet per face. The Land Development Code limits this type of monument sign to 15 feet in height and 10 feet in width with a maximum copy area of 120 square feet per face. In reviewing the application, staff noticed the proposed monument sign within the Sprouts parcel, Lot 14, exceeds the City's Land Development requirements in height and copy area. The plan indicates an overall height of eight (8) feet; in which the City's code is limited to six (6) feet with a limitation of 32 square feet of copy area per face. The copy area per face is estimated to be 48 square feet. Due to the unique nature of the elevation changes in this development and the lot configuration, these requests may be considered within reason. Staff is not opposed to approving this amendment. Staff has reviewed the requested amendments for the Shoppes at Hammock Ridge Crossings development in conformance of Section 101-212 of the Land Development Code. The outdoor display of merchandise, if done appropriately in an organized and maintained manner, does not appear to cause undue noise, order, traffic and other nuisances and dangers to abutting property owners. The request of the larger multi -tenant monument sign on Lot 9 would be beneficial to not only Sprouts, but the other minor tenants as well to direct traffic flow in and out of the development. This may assist drivers to safely locate and navigate to the site. The increased wall signage request is similar in nature to other buildings on internal lots that sit back from arterial roadways, such as Dick's Sporting Goods and Target. The primary front wall sign of 268 square feet would be viewed from US 27 while the secondary wall signage would be seen from the private internal drive. Staff has no evidence that approving these amendments would be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. Therefore, staff recommends approval of Resolution 2025-01 OR. Tim Mondello, CDP, Applicant, GBT Realty, Brentwood, Tennessee, stated he is present on behalf of Sprouts Farmers Market, an organic grocer. They approve of staffs presentation and proposed amendments. Page - 6 Planning & Zoning Commission April 1, 2025 The floor was opened for public comments. With no speakers present, the floor was closed. Commissioner Cramer stated the wall signage is justifiable given the drop of elevation and the distance from the road; and further, stated his concern with the outdoor display area creeping outside of the allowable space and creating clutter. He concluded with recommending the multi - tenant sign be recorded with a shared -language agreement to avoid future conflict, and further, he stated he is in support of the larger sign which will assist with wayfinding. Commissioner Hoisington asked for clarification on why outdoor displays are not permitted, which staff explained. Commissioner Tidona stated he is not adverse to outdoor display, but he is not in favor of increasing the signage; and further, that is the applicant's problem. He discussed the various approved businesses within this development such as the micro -hospital, 7-Brew, hotel, daycare, and is extremely concerned about the one -lane accessways, lack of turn lanes and parking; and further, called this site an abomination due to the traffic it may generate, and is concerned about the vehicles leaving the apartments adjacent to this site. He concluded with stating the amount of traffic this will generate will make Hartwood Marsh Road look like a walk in the park. Chair Bain explained this Board's role is to consider this application only for the proposed amendments and not various other adjacent lots. Commissioner Tidona stated he understood; however, this parcel is part of a larger development that is inundated with no stated parameters of traffic flow. Chair Bain explained there has been no evidence presented that the approved businesses should be a part of this review for a conditional use permit. City Attorney Waugh noted Chair Bain is correct as the Board cannot base their decisions on surrounding approved businesses, and Commissioner Tidona is partially correct as compatibility of developments is a parameter the Board can base their decisions on. Commissioner May stated she agrees with Commissioner Tidona. She asked the applicant what type of merchandise will be displayed outside and will it remain outside overnight, whether seating will be added, and the hours of operation. Mr. Mondello explained the typical type of merchandise placed outside under the canopies will be flowers, pumpkins, fresh vegetables, which will come in at the end of the day, no seating will be provided, and their hours are lam to 9pm. Commissioner May asked staff about size, aesthetics, and locations of the signs. Commissioner Colby thanked Commissioner Tidona for his comments; and further informed him that the micro -hospital did come before this Board and the City Council and went through a very deliberate process which is available to the public. Discussion ensued regarding the micro -hospital. Vice -Chair Niemiec assured Commissioner Tidona that Council asked every possible question and the Board did their due diligence with the micro -hospital. He complained that the map attached to this item shows vacant land instead of the current buildings adjacent to this parcel. He asked for more detailed and updated maps be placed with the projects going forward. He asked for clarification about the tenants, and whether they will have a tent in the parking lot during the holiday season to sell trees. Mr. Mondello stated the building adjacent to Sprouts is being built Page - 7 Planning & Zoning Commission April 1, 2025 concurrently with four storefronts. He clarified that their outside display will only be under the canopy, not in the parking lot. Vice -Chair Niemiec asked staff about parking, signage on the back of the building and whether it will be lighted. Planning Manager Kruse informed him no special requests were made for parking or lighting; therefore, they will meet code. Chair Bain asked the applicant if they would be willing to include language in the resolution limiting the outdoor display to only under the canopy; and further, asked whether the overall concept design of the store in their packet is the standard design for Sprouts. Mr. Mondello stated they are in agreement with the added language, and the attached concept is Sprouts' standard design. Chair Bain informed the Board there were some good questions; however, staff cannot anticipate and be ready to answer every question. He asked the Board to meet, email or call staff prior to the meeting so they are able to deliver a clear answer; and further, board members can let staff know they will be asking certain questions so staff can be prepared to answer. Chair Bain expressed he does not believe the requested changes detract or deter from this project; and further, he supports a grocery store that is in close proximity of an apartment complex and nearby residential homes. MOTION TO RECOMMEND APPROVAL of Resolution No. 2025-010R, Sprouts Farmers Market Conditional Use Permit (CUP), and further, add a condition that the language, under the canopy area" be incorRorated into Section 8 of Outdoor Display-, Moved by Vice -Chair Niemiec, Seconded by Commissioner May. Motion passed 5-2 with Vice -Chair Neimiec and Commissioner Tidona opposing. DISCUSSION OF NON -AGENDA ITEMS - None MOTION TO ADJOURN, Moved by Commissioner Cramer, Seconded by Vice -Chair Niemiec. Motion passed 7-0. ADJOURNMENT — 8:17 pm ATTEST: Page - 8