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HomeMy WebLinkAboutMinutes - 3-3-26 Planning & Zoning - CITY OF CLERMONT PLANNING AND ZONING COMMISSION MINUTES MARCH 3,2026 CALL TO ORDER Cbair Colby called the meeting of the Planning and Zoning Commission to order on Tuesday, March 3, 2026, at 6:30 p-m. MEMBERS PRESENT: Chair Colby, Vice-Chair Niemiec, Commissioner Tidona, Commissioner Entsuah, Commissioner May Eby phone)o, and Commissioner Cramer MEMBERS ABSENT: Commissioner Hoisington ALSO PRESENT: Development Services Director Cur[Henschel, Planning Manager John Kruse, Planner Nicholas Gonzalez, City Attorney Christian Waugh, and Planning Coordinator Rae Cbidlow PLEDGE OF ALLEGIANCE MINUTES MOTION TO APPROVE the February 3, 2026, Minutes of the Planning and Zoning Commission meeting,made by Commissioner Cramer, seconded by Commissioner Entsual-h. Motion passed 6-0- REPO14VTS Commissioner Cramer opens by acknowledging recent community engagement efforts, including attending a meeting led by Chief Graczyk and bis team to gatber input£or a five-year strategic plan, highlighting appreciation for the police department's proactive outreach and commitment to public safety. He expresses regret at not attending a recent charrette in person but noted he followed discussions online, emphasizing the importance of accessibility and transparency in City meetings. He reaffirms strong support for form-based planning as a way to guide growth wbile preserving community character and concludes by expressing optimism for constructive and productive discussions ahead. Vice-Cbair Niemiec expresses hope that the council will continue to support the police department. He asked about a requested report discussed at a recent City Council meeting and questioned whether stafrplanned to present or discuss the report, noting that the council had aslced for input from the Planning Commission. Commissioner Entsuah had no report. Commissioner Tidona shares materials with the group as part of his report and reflects on attending DPZ meetings, noting that while some planning ideas are promising,he is uncertain how much can be applied given existing development in Clermont. He then presented bis own research using historical Google Earth images to highligbt significant deforestation in Lake County, criticizing the lack of meaningful tree replacement. He cited sources and statistics, Page-1 Planning&Zoning Commission March 3, 2026 pertaining to the imbalance between carbon emissions from a growing number of vehicles and the limited capacity of trees to offset that pollution. He concluded by arguing that rapid overdevelopment is contributing to local climate impacts, emphasizing that the effects of climate change are already being experienced in the community. Commissioner May shared that she also attended all the charrette meetings and found the information valuable, expressing optimism that the City is moving in a positive direction. She voiced support for advancing new policies and form-based code to improve the community and concluded by thanking staff for enabling her participation in the meeting via phone. Chair Colby shared that he attended several DPZ meetings and commended the City for moving in a positive, collaborative direction. He discussed efforts to create a concise report or memo based on a template previously developed by Councilman Bain that will summarize commission discussions and votes for the City council ahead of formal meeting minutes, noting he will work with staff to prepare this promptly. He explained he is using an established template for meeting procedures, including required disclosures, and reminded commissioners the importance of transparency regarding any communications or investigations related to agenda items. He then read the disclosures for the record. NEW BUSINESS Item No. 1 —Resolution No.2026-005R—Salt Shack on the Lake Conditional Use Permit Planner Nicholas Gonzalez presented as follows: The applicant,Jimmy Crawford, Esq., is requesting a Conditional Use Permit(CUP) amendment to revise the site plan in Resolution 2023-011 R to include the expansion of the restaurant deck and an additional outdoor seating area on the north side of the Salt Shack on the Lake restaurant, located in the CBD Central Business District. The property is located at 846 West Osceola Street, formerly known as Lilly's on the Lake. The proposed amendment includes an enlarged deck footprint and the addition of new outdoor seating to accommodate increased dining capacity. With the addition of seating, staff has included an updated condition in the revised resolution requiring that any additional parking demand generated by the expanded seating area be satisfied through payment into the City's Parking Fund, as allowed under 115-14 (c)(2) of the Land Development Code. This payment must be made prior to approval of the Site Review application. The current cost per space in the parking fund is $3,000, as approved by City Council. If this is increased prior to the time of site plan approval, then the applicant would be responsible for paying the new fee. Based upon the anticipated additional seating of 104 seats, the parking requirements would be one space for every 8 seats. This would equate to 13 spaces and a payment of$39,000 into the parking fund at the current rate. The project does not require approval from the City regarding lakefront impacts. The applicant has already secured permit approval for the proposed improvements from the St. Johns River Water Management District (SJRWMD). Page-2 Planning&Zoning Commission March 3, 2026 The conditional use permit amendment does not alter the approved use but modifies the configuration of the outdoor dining area to improve functionality and enhance customer experience. All other conditions of Resolution 2023-011 R remain in effect. The proposed increase in seating does not appear to be detrimental to the health, safety and welfare of the surrounding community. The City did receive a noise complaint in May of 2024. An investigation was conducted and it was found that the sound was a result of the mechanical equipment at the site. Sound compression blankets were installed on the exhaust fans and HVAC equipment in July of 2024. This reduced the sound decibels well below the City's sound decibel limits and no further complaints have been received. 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. 2026-005R. Jimmy Crawford, 702 W. Montrose St., explained that he represents Salt Shack in a request to expand its deck seating. He notes that the project has undergone a lengthy review process, particularly due to permitting requirements from the St. Johns authority, which required revisions to stormwater management, drainage, and structural elements. He confirms that they agree with all staff recommendations and conditions outlined in the report. He also introduces members of the restaurant's management team who are present to address business-related questions and expresses willingness to hear public input and respond accordingly. Charlene Forth, 939 W. Desoto St., voices strong opposition to the proposed expansion of the Salt Shack, drawing on decades of community involvement and advocacy for protecting local lakes. She expressed distrust toward the applicants and frustration with past developments, citing concerns about noise, overcrowding,parking shortages, and environmental impacts. She argued that similar establishments have already led to disruptive conditions, including loud music and large events, and fears the expansion will worsen these issues. She questioned the regulatory agencies and claims overdevelopment is harming the community's character and natural resources. She estimated that a large majority of a nearby public parking lots are being used by Salt Shack patrons, especially on weekends, further illustrating their concern about congestion and neighborhood impact. Evan Fracasso, 1844 12`h St.,raises concerns about the role and effectiveness of the St. John's River Water Management District, arguing that it spends heavily on chemical treatments that may harm native plant life while failing to fully consider additional environmental impacts, such as runoff from the proposed deck expansion. He criticized the financial contribution tied to the parking fund, suggesting it is insufficient to cover long-term parking lot maintenance costs. He questioned the accuracy of the site plan, implying that further unaccounted additions could occur in the future. He expressed skepticism about both environmental oversight and the adequacy of the project's planning and mitigation efforts. Page-3 Planning&Zoning Commission March 3, 2026 Jimmy Crawford emphasized that their operations comply with City code and are even more restrictive regarding outdoor music, which they state ends earlier than required and is limited in scale. He clarified that they never applied for a marina or boat dock and instead worked extensively with the St. John's River Water Management District to improve environmental conditions, including upgrading stormwater systems to better protect the lake. He argued that the business is simply a restaurant, not an event venue, and that increased activity reflects demand and benefits downtown. He acknowledged ongoing parking challenges, and noted these issues fall under broader city planning efforts and are not within the board's control, ultimately requesting approval of their application. Commission May raised a series of detailed questions and concerns regarding the proposed development, focusing primarily on environmental protections and compliance with regulations. She inquired about lakefront setback requirements,buffer, and whether the project adheres to shoreline protection ordinances, emphasizing the importance of preserving water quality and natural vegetation. She also questioned the parking calculations, specifically whether capacity accounts for both customers and staff. She pointed out a discrepancy in regulations regarding outdoor music hours that should be clarified in the resolution. She expressed her concerns about potential increases in boat activity and related uses along the shoreline, suggesting restrictions to better protect the area while acknowledging their familiarity with and patronage of the establishment. Mr. Crawford confirmed that the project meets all City and St. John's River Water Management District setback requirements and clarified that no additional employee parking is planned, though future staff increases could trigger contributions to a parking fund. He mentioned, regarding noise, that City code sets quiet hours from 11:00 p.m. to 7:00 a.m.,but the restaurant closes by 10:00 p.m., and they are open to including restrictions in the conditional use permit for clarity. He explained that the Lake County Water Authority has no jurisdiction or formal role in permitting, as all authority rests with St. John's River Water Management District. He clarified that Salt Shack functions primarily as a restaurant, not a public entertainment venue,but are open to including that designation in permits to avoid confusion. Commissioner Tidona raised detailed environmental and structural concerns about the proposed deck expansion and boat mooring. He questioned the definition of"shore,"ordinary high-water levels, and potential flooding under the deck. He also asked about tree preservation. Additional concerns include soil classification, permeability, and erosion control measures, given the static load from seating and structures. He questioned the deck material. He questioned the cleaning process under the deck. Mr. Crawford confirmed that boat mooring to the deck is prohibited but noted that boats can still approach the shore. He clarified that setbacks and deck placement comply with the 100-year floodplain and are measured from the ordinary high-water line. He confirmed that existing trees and native vegetation will remain, with mooring restricted to sandy areas. He indicated that soil tests were conducted, engineering plans were approved by St. John's River Water Management District, and stormwater management improvements were implemented, and documentation would be provided through the site review process. He stated that the deck material is wood. Page-4 Planning&Zoning Commission March 3, 2026 Katherine Horner, 16616 Sounding Shores Dr., Odessa, Chief Operating Officer of Salt Shack, explained that the deck's wood slats are tightly spaced to prevent items like napkins or utensils from falling through while allowing water to pass. She emphasized that the property is regularly monitored for cleanliness by staff both morning and night and committed to ensuring that trash from the deck or outdoor areas will not become a problem. She also highlighted the restaurant's dedication to maintaining a high standard of community hospitality and care. Commissioner Tidona noted that, according to the Florida Erosion and Sediment Control Designer and Reviewer Manual, a floating turbidity barrier is recommended during construction to prevent debris from entering the lake. He highlighted that the manual recommends using a brightly colored floating turbidity barrier to prevent boats from getting tangled and to control construction debris entering the lake. Mr. Crawford stated he is unsure of St. John's River Water Management District's specific floating barrier requirements but confirmed that a silt fence is installed 20 feet from the shoreline to capture debris before it reaches the water. Ms. Horner explained that they spent nearly a year working onsite with the St. John's River Water Management District team,the property owners, and their architect to ensure the project fully complies with St. John's River Water Management District's code. She stated the plan includes multiple safety measures, such as signage to prevent boats from tying to the dock, and a detailed architectural plan to meet all requirements. She stated that they have St. John's River Water Management District's commitment to inspecting the site to ensure compliance before the dock is used. She emphasized that her interactions with St. John's River Water Management District have been thorough and exacting regarding their expectations. Commissioner Tidona addressed concerns about soil stability and erosion around the dock, noting that although the area isn't directly underwater,measures like riprap and vegetation have been planned to prevent soil erosion over time. Ms. Horner confirmed that if any soil or vegetation is disturbed during construction,replanting and mitigation will occur, with inspections by St. John's River Water Management District before, during, and after construction to ensure compliance with permit requirements. Commissioner Tidona also raised a question about item 21 in the permit,which pertains to a fish and wildlife survey or protections for local species. Mr. Crawford clarified that the permit does not allow any harm or take away of protected species. They noted that the only potential species of concern, a gopher tortoise,but is not present on the site, and there are no protected species in the water. Commissioner Entsuah asked if the deck would be covered. He also asked if the deck would be uniform with what is currently there. Mr. Crawford stated that the deck would not be covered. Ms. Horner stated that the deck would match the current decking that is already in place. Page-5 Planning&Zoning Commission March 3, 2026 Commissioner Niemiec asked whether the applicants had consulted with the DPZ planners or the Meet Me in the Middle initiative regarding the project's alignment with Clermont's downtown plans. Ms. Horner clarified that they had not consulted with DPZ before submitting their plans. Commissioner Niemiec stated he had spoken with nearby neighbors about safety and parking concerns. Development Services Director Curt Henschel confirmed that the project location had been communicated to DPZ,but the deck extension itself had not been specifically discussed. Commissioner Niemiec questioned discrepancies between the online and physical packet materials, including deck dimensions and pillar placements. He noted that interactive Lake County maps showed property lines extending into the lake differently than the submitted plans. He questioned the number of seats that exist. Ms. Horner confirmed that there are 240 existing seats plus 104 proposed additional seats, with roughly 30 staff on a typical day. Commissioner Niemiec explained frustrations with Clermont's parking system and emphasized the residents' concern over the insufficient parking infrastructure. He expressed concerns about the sound system and entertainment. Ms. Horner confirmed that the existing speaker system would be used for the deck, including live music,with volume controlled to remain low and unobtrusive to surrounding areas. Jeremy Darden, 1076 Golden Dawn Loop, Minneola, stated that the music kept low so customers can enjoy their meal and conversation. Commissioner Cramer expressed appreciation for the applicant's investment in the downtown waterfront and the continued vitality of the central business district(CBD). He noted that the proposed amendment does not expand the use category,just the seating. He asked about discrepancies between the site plans, which show approximately 92 seats, and the staff report, which uses 104 seats for parking calculations. Mr. Gonzalez clarified that 104 represents the maximum potential seating based on the request on the application and that final counts will be determined during the site plan approval process. Commissioner Cramer asked if there were any noise concerns. Mr. Gonzalez confirmed that no formal complaints about live music have been received in the past 12 months. City Attorney Waugh explained that the noise ordinance focuses on sound extending beyond property lines rather than time or decibel levels. Page-6 Planning&Zoning Commission March 3, 2026 Chair Colby asked for confirmation that no additional speakers will be added to the deck. Ms. Horner confirmed that no additional speakers will be added. Commissioner May asked if the parking next to the Salt Shack was owned by them or the City. Ms. Horner stated that it is owned by the Salt Shack. MOTION TO RECOMMEND TO TABLE Resolution No. 2026-005R Conditional Use Permit, to allow applicant time to speak to DPZ prior to City Council, and provide the letter from the Lake Water Authority;Moved by Commissioner Niemiec, Seconded by Commissioner Tidona. Motion failed 2-4, Commissioners were Cramer, Colby, Entsuah, and May opposed. MOTION TO RECOMMEND APPROVAL of Resolution No. 2026-005R Conditional Use Permit, with added conditions for the applicant to speak to DPZ prior to City Council,provide the letter from the Lake Water Authority, and for the addition of the signage stated in St. John's River Water Management District letter;Moved by Commissioner May, Seconded by Commissioner Entsuah. Motion passed 5-1, with Commissioner Niemiec opposing. Item No. 2—Ordinance No. 2026-013—Certified Recovery Residences Planning Manager John Kruse presented as follows: City staff is proposing an amendment to the Land Development Codes in order to align with new state laws regarding the review and approval processes for certified recovery residences. On June 25, 2025, Senate Bill 954 was signed by the Governor, amending Section 397.487, Florida Statutes, effective July 1, 2025. Section 397.487, of the Florida Statutes, was amended to require local governments in the State of Florida to formalize and streamline the review and approval process for applicants seeking reasonable accommodation from local land use regulations to establish certified recovery residences. If the amendment is approved, a new article under Chapter 125 of the City's Land Development Codes, entitled Zoning, would be created specifically for certified recovery residences to ensure consistency with the requirements in Section 397.487, Florida Statutes. One last minute clarification in the ordinance is where it states Department or Department Director, the wording will be changed to City Manager or City Manager's designee, at the direction of the City Attorney. These changes occur in 4 places within pages 56 and 57 of your packets. Staff recommends approval of Ordinance 2026-013 with this change. Commissioner Cramer emphasized that recovery housing supports individuals rebuilding their lives and that the City has both legal and moral obligations to treat certified recovery residences appropriately under state and federal law. He stated that the proposed ordinance aligns the zoning code with these requirements while maintaining standards. He mentioned that certified recovery residences must comply with state certification and remain subject to life safety, building,parking, and property maintenance codes, with enforcement authority retained if issues arise. He stated the amendment is intended to provide clarity, consistency, and legal compliance, Page-7 ME >:. r Planning&Zoning Commission March 3, 2026 balancing support for individuals in recovery with neighborhood stability, and the speaker expressed support for it. Commissioner Niemiec had no questions or concerns. Commissioner Entsuah had no questions or concerns. Commissioner Tidona briefly shared additional resources for further understanding of recovery housing, directing others to the Florida Association of Recovery Residences (FARR)website. He noted that the site includes more detailed information, including a spreadsheet listing counties with existing recovery residences, and offered it as optional background material for those interested in exploring the topic further. Commissioner May inquired as to whether new parking requirements will be included, noting that needs may vary by level of care, particularly for Level 4 residences. She questioned whether clinical services are allowed under Level 4 and suggested that if such services are permitted, they may need to be treated more like institutional or medical uses with location restrictions. She raised concerns about oversight, suggesting that the City's Planning Division may be more appropriate than the City Manager alone for review and approval. She referenced how other cities handle similar ordinances, suggesting more specific zoning language and recommending that proof of state certification be required as part of the application process. Chair Colby asked if it was critical to pass this ordinance now. City Attorney Waugh stated that it is critical to pass this ordinance. MOTION TO RECOMMEND APPROVAL of Ordinance No. 2026-013 Certified Recovery Residences;Moved by Commissioner Entsuah, Seconded by Commissioner Niemiec. Motion passed 6-0. DISCUSSION OF NON-AGENDA ITEMS There were no discussions about non-agenda items. ADJOURNMENT—8:47 pm Chair Colby ATTEST: Rae Chidlow Page-8