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HomeMy WebLinkAboutMinutes - 1-6-26 Planning & Zoning CITY OF CLERMONT PLANNING AND ZONING COMMISSION MINUTES JANUARY 6,2026 CALL TO ORDER Vice-Chair Niemiec called the meeting of the Planning and Zoning Cor*+mission to order on Tuesday, January 6, 2026, at 6:30 p.m. MEMBERS PRESENT= Vice-Chair Niemiec,Commissioner Tidona,Commissioner May, Commissioner Colby,Commissioner Entsuah, Commissioner Cramer,and Commissioner Hoisington ALSO PRESENT: Development Services Director Curt Henschel,Planning Manager John Kruse, Planner I Justine Day,City Attorney Waugh, and Planning Coordinator Rae Chidlow PLEDGE OF ALLEGIANCE Commissioner May made a motion to nominate Commissioner Colby as Chair, seconded by Commissioner Cramer_ Motion passed 7-0. Commissioner Cramer made a motion to nominate Commissioner Niemiec as Vice-Chair, seconded by Commissioner Hoisington_ Motion passed 7-0_ MINUTES MOTION TO APPROVE the November 4,2025,Minutes of the Plar.rvi�g and Zoning Commission meeting,made by Commissioner Niemiec, seconded by Commissioner Tidona. Motion passed 7-0. REPORTS Commissioner Hoisington stated she had no reports and wished everyone a Happy New Year_ Commissioner Cramer congratulated newly elected Chairman David Colby and expressing confidence in the experience of the Commission_ He acknowledged the strength and value of the returning Commissioners,emphasizing the importance of their institutional knowledge and understanding of the Clermont community. Reflecting on the new year,he reaffirmed his commitment to public service and gratitude for the opportunity to serve alongside dedicated volunteers_ He expressed pride in the city and the Commission's work,coupled with humility about the responsibility of public service,and respectful deliberation, and acting in the best interests of the community moving forward_ Vice-Chair Niemiec extended New Year's greetings and expressed appreciation for fellow commissioners_ He echoed Commissioner Cramer's remarks by noting that the P1ar+r.il V,and Zoning Commission is working intelligently and collaboratively,emphasizing that the current Commission futzctions well together_ Commissioner Entsuah introduced himself for those unfamiliar,noting his previous service on the Conmzission and past collaboration with fellow Commissioners_ He reflected on returning to the Commission and emphasized the importance of having a dedicated Commission who care deeply about the city_ He mentioned his subsequent experience o£the City Council. He stated he looked Page-1 Planning&Zoning Commission January 6, 2026 forward to continued involvement and working collaboratively with the board to do meaningful work for the community. Commissioner May welcomed the returning Commissioner and their experience. She provided a brief report on the Live Local Act. She highlighted the release of the 2025 Shimberg Center for Housing Studies report,noting that the Orlando region, including Lake County, faces a significant workforce housing deficit for households earning up to 120%of area median income. She explained that the study is important because it determines whether local taxing authorities can opt out of the Live Local Act's middle-market tax exemption,which offers a substantial ad valorem tax reduction for qualifying workforce housing developments. She emphasized the need for continued education and awareness on housing policy impacts at the county and city level and offered to share the referenced article and closed with well wishes to the group. Commissioner Tidona distributed informational handouts and presented a report focused on public safety, infrastructure, and growth management concerns in Clermont. He cited a Clermont Sun article highlighting fire department response times exceeding ten minutes and warned that the city may be facing a life-safety issue that should be weighed when considering new development. He noted potential impacts on residents' insurance costs. He reviewed Florida Highway Safety data showing a significant increase in traffic,bicycle,and pedestrian fatalities in Lake County from 2024 to 2025, stating the need for improved roadway and bicycle safety. The speaker shared insights from discussions with FDOT, and planning officials from Groveland, Highlands County, and Oviedo, explaining how other jurisdictions are using mobility fees, impact fees,design codes, and developer- funded guarantees to manage growth,reduce legal risk, and protect public resources. He pointed to examples of reduced development intensity and more walkable,mixed-use neighborhoods as models that Clermont could consider, and urged city and county leaders to pursue proactive measures and negotiations with developers while design code updates are underway to better safeguard public safety and community interests. Chair Colby had no reports. NEW BUSINESS Item No. 1 —Resolution No. 2026-001 R—Crab Cakes on the Lake Conditional Use Permit Planner Justine Day presented as follows: The applicant and property owner, Rick Richardson, is requesting a Conditional Use Permit to allow for a food truck to operate on a vacant parcel designated with the C-I Light Commercial Zoning District. The property is located at the northeast corner of Lake Ave. and W. Highway 50 intersection and is approximately .34+/-acres. The applicant is proposing to operate a single food truck as a take-out only service on the property. Operating hours would be two to three days a week.The applicant is also requesting a waiver for a reduction to the landscape buffer required by LDC Section 123-43(e)(1).This would allow for a ten (10)foot landscape buffer in place of the minimum twenty(20) foot buffer required along West Highway 50 to the south. After careful review of the elevation contours, it is staff s determination that the reduced landscape buffer may still meet the intent of the code. The property currently has a berm along West Highway 50 that then decreases in grade continually towards the north side of the Page-2 Planning&Zoning Commission January 6, 2026 property.The berm limits visibility on the site,which would be enhanced by the proposed ten(10) foot landscape buffer. Since the land development codes do not identify the requested use as a permitted use, Section 125- 313 requires this type of use only through a Conditional Use Permit. The current zoning is C-1 Light Commercial District,which permits restaurants and food establishments provided the use is conducted within an enclosed building. Staff have reviewed the application and finds that the use would not be more obnoxious to the district due to the similarities in uses permitted. The owner is willing to make the necessary site improvements to accommodate access,parking and stormwater retention. It is of staff s opinion that this use makes the most of a smaller,constrained parcel while offering the property owner the ability to use their property. When evaluating a request for a Conditional Use Permit,the Land Development Code, Section 101- 212,requires specific development standards that are required to be met. Staff has reviewed the application as submitted in accordance with the development standards criteria and finds the proposed use can meet the general criteria for granting a Conditional Use Permit.The proposed use will not be detrimental to the health, safety and welfare of the surrounding community. Staff recommends approval of the Conditional Use Permit with the conditions contained in Resolution No. 2026-001 R. Chris Germana,Engineer, 1120 West Minneola Avenue, speaking on behalf of the property owners, provided an overview of a proposed food trailer operation. He explained that the use involves a removable food trailer,not a permanent food truck,which would be delivered by pickup truck to a designated pad and removed from the site daily,with all utilities and waste handled offsite and no water or sewer connections required. He requested a modification to allow the trailer to operate four days per week instead of the three noted in the packet. He stated the operation would be strictly take- out with no seating, limited grass parking aside from the designated accessible space,and an accessible sidewalk connection to State Road 50. Stormwater would be managed through a planned pond subject to geotechnical review, and vehicle circulation was described to ensure safe maneuvering and stabilized grass access for delivery and exit. Commissioner Niemiec questioned whether impact fees would be assessed. Planning Manager John Kruse informed him that impact fees are typically tied to building permits and utility connections,neither of which would apply in this case. He stated the operation requires only a zoning clearance and a site plan and will have no water or sewer hookups. Commissioner Niemiec questioned whether the applicant had a commissary agreement. Toxi Roane, 12819 Colonnade Circle, explained that the food trailer is fully self-sufficient,using onboard fresh and wastewater tanks, a generator for electricity, and prepackaged food preparation, which means a commissary agreement is not required under state regulations,though they remain open to inspection. Commissioner Niemiec addressed lighting and safety during evening hours. Ms. Roane stated that the trailer has its own lighting and that a light pole has been proposed. She clarified that their actual operating hours would be shorter than those listed in the resolution, ending by early evening. Page-3 Planning&Zoning Commission January 6, 2026 Commissioner Niemiec also raised concerns about restroom facilities. Rick Richardson, 12819 Colonnade Circle, confirmed the use of a portable toilet. He explained their limited hours and experience operating under similar conditions elsewhere. Commissioner Niemiec questioned the site layout, setbacks, and landscape buffers, with the commissioner expressing confusion over a reduced landscape buffer. Ms. Day clarified the difference between building setbacks and landscape buffer requirements, explaining that the proposed 10-foot landscape buffer complies with code and is appropriate given the property's configuration and visibility needs. Commissioner Niemiec referenced past food truck approvals and city council decisions to ensure consistent standards were being applied,expressed concern about health, safety, and welfare implications,and emphasized a desire to reach a workable compromise rather than delay or deny the application. Mr. Kruse clarified the difference between the building setback buffer and the landscape buffer. Commissioner Cramer asked staff to ensure the conditional use permit would not create unintended precedent for other parcels along Highway 50. Mr. Kruse confirmed that each application is evaluated independently based on site-specific factors and operational details. Commissioner Cramer asked the city's authority to respond if parking or traffic problems arise after approval. Mr. Kruse stated that standard conditions in the resolution allow the city to revisit and address such issues,particularly if impacts occur on nearby city roads. Commissioner Cramer also sought clarification on enforcement mechanisms if the operation deviates from approved conditions. City Attorney Christian Waugh informed that the city could pursue progressive enforcement ranging from informal discussions to formal code enforcement actions,potential hearings, and possible permit revocation. Commissioner Hoisington noted that most issues had already been addressed but focused on clarifying the request to operate four days per week,the proposed hours, and potential traffic impacts along Highway 50. Ms. Day explained that the project was classified as de minimis development,meaning it would generate minimal traffic under established transportation thresholds. Commissioner Hoisington also raised concerns about waste disposal, site compatibility, and the reduced landscape buffer. She also questioned whether the surrounding properties were notified of this application. Page-4 Planning&Zoning Commission January 6, 2026 Ms. Day addressed by reiterating that the operation is self-contained and that the buffer reduction is justified by existing berms, elevation changes, and land development code provisions allowing part of the required buffer to be met due to the berm. She also clarified that conditions in the resolution prohibit outdoor entertainment or amplified sound to protect nearby residential areas. City Attorney Christian Waugh explained that while surrounding property owners and businesses are notified of the application and given an opportunity to be heard,there is no requirement to provide detailed notice about competitive or operational impacts. Commissioner Tidona expressed concerns about the proposed food truck site,noting that the property's slope, limited level areas, and existing trees create significant challenges. He highlighted potential stormwater issues, as runoff from the pitched property could overwhelm the proposed drainage, especially during heavy rain or hurricane season. He questioned the feasibility of using stabilized grass for parking,the steepness and safety of the wheelchair-accessible path, and the visibility and signage of the food truck along Highway 50. He emphasized that the site's location below grade, limited walkability,and low surrounding foot traffic make it less practical for a takeout operation and raised concerns that the one-lane road leading to the property could be easily congested with cars attempting to stage or exit. He argued that the real-world impact on traffic, accessibility, and stormwater management would likely be greater than the de minimis assessments suggested. Commissioner May confirmed that it is a trailer, not a permanent food truck, and that it will be removed from the property nightly,with operations primarily three or four days per week. She questioned the material of the sidewalk, whether it would be concrete and meet ADA accessibility standards. She also questioned if the driveway will be an impervious surface, either concrete or asphalt, integrated into the stormwater management plan. Mr. Germana explained the sidewalk and the driveway apron will be concrete. He stated that the internal drive would be concrete, asphalt, or could be gravel,but would be some type of impervious surface. He explained that the sidewalk going up to Highway 50 would meet ADA regulations. He stated that the sidewalk would be five feet wide and 7 feet wide near the food trailer. Commissioner May questioned how the parking calculations were provided based on this use. Mr. Kruse explained parking was based on the pad size(350 sq. ft.)rather than the trailer size, resulting in four spaces, which exceeds code requirements for takeout-only operations. Commissioner May clarified that the utilities will be self-contained,with electricity from a generator, freshwater and wastewater tanks removed nightly, and no grease disposal needed since only broiled, prepackaged food will be prepared. Trash will also be removed at night. She also questioned the lighting, food deliveries and signage. Commissioner Entsuah thanked fellow commissioners and applicants for the thorough discussion, noting that many thoughtful questions were raised that addressed concerns they had not previously considered. He acknowledged that the proposal remains a work in progress and recognized that the upcoming City Council review will involve additional scrutiny and questions. He expressed that the applicants appear to have approached the project creatively and responsibly. Page-5 Planning&Zoning Commission January 6, 2026 Commissioner Niemiec asked about the distance from the roadway,potential debris blowing into traffic, and whether cooking methods could create steam or smoke that might affect roadway visibility. He also asked about trailer height,visibility from the road, lighting plans limited to the parking area, and reliance on professional guidance for any roadway-facing illumination. He has concerns about parking adequacy,vehicle maneuvering near the proposed stormwater pond, and the risk of cars entering the retention area. Mr. Richardson and Ms. Roane clarified that they broil food,produce no smoke or steam, and operate a self-contained trailer removed nightly. Mr. Germana explained that these details would be resolved at the site plan stage through engineered designs and vehicle turning analyses reviewed by staff after council approval. Chair Colby confirmed there would be no permanent trash facilities,with all trash removed daily. Mr. Richardson stated that all items would be removed each day. The floor was opened for public comments. With no other speakers present, the floor was closed. MOTION TO RECOMMEND APPROVAL of Resolution No. 2026-001 R Crab Cakes on the Lake Conditional Use Permit with amending to allow up to 4 operating days and to require proper site lighting if operating after dusk,Moved by Commissioner Cramer, Seconded by Commissioner Entsuah. Motion passed 4-3. DISCUSSION OF NON-AGENDA ITEMS There were no discussions about non-agenda items. ADJOURNMENT—8:07pm Chair Colby ATTEST: Qa_�' 01,U Flk.) Rae Chidlow Page-6