11-04-2014 Regular P & Z Meeting City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
November 4, 2014
Page 1
The meeting of the Planning & Zoning Commission was called to order Tuesday November 4,
2014 at 7:00 p.m. by Chairman Nick Jones. Other members present were Herb Smith, Bernadette
Dubuss, Harry Mason, and Tony Hubbard. Also in attendance were Barbara Hollerand,
Development Services Director, Curt Henschel, Planning Manager, Dan Mantzaris, City
Attorney, and Rae Chidlow, Planning Specialist.
MINUTES of the Planning and Zoning Commission meeting held October 7, 2014 were
approved as written.
REPORTS
Chairman Nick Jones stated that the 10th season for the Florida Lakes Symphony will open
Friday, November 14, 2014 at the Family Christian Center.
1. REQUEST FOR CONDITIONAL USE PERMITS
REQUEST: Heritage Hills Subdivision
APPLICANT: Lennar
Planning Manager Curt Henschel presented the staff report as follows:
The applicant is requesting to amend the existing conditional use permit (Resolution #2013-10)
to allow for adjustments to the roadway connection points and to allow for a non-age restricted
phase.
The existing resolution depicts road way connection points that connect the internal right-of-way
to the proposed Hartle Road extension, which is currently undeveloped. Because Hartle Road is
undeveloped and not programmed for construction, the applicant/developer is left with altering
the connection points to the right-of-way. Currently, the site plan shows access to Hartle Road
north of Hartwood Marsh Road. The new proposed plan shows the eastern portion on the project
accessing directly to Hartwood Marsh Rd.
The applicant is also requesting to create a separate non-age-restricted portion of the project with
67 units. Currently, Heritage Hills is designated as age-restricted by the original approved
Conditional Use Permit. Heritage Hills is also part of the Kings Ridge Development of Regional
Impact (DRI), which also includes Kings Ridge, Legends, and their associated office,
commercial and institutional use properties. Within this DRI development order, an equivalency
matrix was created and approved by the state that allows for substitutions of uses within the DRI
without further state and regional agency approval. This matrix allows for non-age-restricted
homes to be substituted for previously approved commercial and age-restricted homes.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
November 4, 2014
Page 2
Lennar has 106 approved age restricted units remaining of the 1,223 conditional use permit
maximum allowable units. Using the equivalency matrix table, Lennar proposes to convert 106
age restricted units to 29 SFR units. In order to obtain a total of 67 SFR units, they need an
additional 38 SFR units which can be obtained from 4,700 square feet of unused retail space.
This conversion and modification of the conditional use permit will allow Lennar to develop the
former Phase 7 of Heritage Hills as a stand-alone community that is separated from Heritage
Hills. Lennar has reassured the residents of Heritage Hills that Lennar does not plan to grant any
access from the proposed community to the existing amenities of Heritage Hills. The site plans
and related approvals have been revised in "Exhibit B and C" to eliminate any connections from
Hartle Road to Heritage Hills. All previously approved changes from the conditional use permit
amendments in 2009 and 2013 are included in the current proposed conditional use permit
amendment.
The applicant has stated the request is based on three physical site characteristics that make it
impractical for the new community area to be included in the age-restricted, gated community.
These include a 200- foot-wide Duke Energy easement, Hartle Road, and two isolated wetlands
all located between Phase 6 and the new community area. The applicant stated that these bamers
create 220 feet to 550 feet of separation between the two developments and make a connection
by an internal roadway system impractical to design.
Lennar held a community meeting with the residents on October 6, 2014 to address questions
and concerns raised by the residents.
Staff recommends approval of the conditional use permit.
Milton Andrade, Project Manager for Lennar Homes, stated that he was present to answer any
questions.
Commissioner Harry Mason asked if the 67 non-aged restricted lots will put Heritage Hills over
the 80/20 rules for age restrictions.
Mr. Milton stated that the 80/20 rule is determined on a community-by-community basis.
Commissioner Harry Mason asked about the Kings Ridge DRI as a whole, including all the
communities.
Mr. Milton stated that the 67 non-aged restricted lots would be 5% of non-age restricted for the
whole community. He stated that this would be considered a separate community so that rule
would not apply.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
November 4, 2014
Page 3
Mr. Henschel stated that the 80/20 rule is on a community-by-community basis. He stated that if
you were to add all the communities together they would already be at a third of non-age
restricted lots and would already be over the requirements for the DRI.
Chairman Nick Jones asked that if the Commission recommended approval of the conditional
use permit, would the non-age restnctions apply only to the eastern parcel.
Mr. Henschel stated that was correct.
City Attorney Dan Mantzaris stated that the 80/20 rule is calculated by each individual
community.
Commissioner Harry Mason stated that he would like to have more specific wording stating that
Heritage Hills shall not allow access for Phase 7.
Mr. Henschel suggested adding language to number 11 under section 1 of the conditional uses.
He stated that it relates to number 12.
Commissioner Harry Mason asked to add that Phase 7 shall not have access to the clubhouse.
Ed Barnhill, 3743 Sanibel St., stated that he is one of the residents who does not want the third
access into Heritage Hills from Hartle Road. He stated that a letter went out from Lennar that
they will be putting the wall up along Hartle Road. He stated that they also agreed to put street
lights at Heritage Hills Boulevard and Hartwood Marsh Road entrance.
Rob Bonin, Lennar Homes, stated that Lennar will provide a 6 foot pre-cast wall and 4 street
lights at the entrance.
Commissioner Harry Mason moved to recommend approval of the conditional use permit with
the additional language pertaining to the clubhouse access, wall, and street lights, seconded by
Commissioner Tony Hubbard. The vote was unanimous to recommend approval for the
conditional use permit.
2. REQUEST FOR CONDITIONAL USE PERMITS
REQUEST: East Ridge Village
APPLICANT: David Stimmell
Planning Manager Curt Henschel presented the staff report as follows:
The East Ridge Village Apartments project is a proposed multi-family development consisting of 103
apartments located just off the north side of Hooks Street and just west of Hancock Rd
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
November 4, 2014
Page 4
The 11.5 acre parcel is part of the Hills of Clermont conditional use permit(Parcel#3)that was ongmally
approved in 2001. Since then, several parcels have had conditional use permit amendments and many
have never matenalized. The existing conditional use permit Resolution 1208 allowed for this parcel to
be converted from Single Family Residential to Commercial in July of 2001. The existing resolution
1208 specifically prohibits the use of multi-family on this parcel,along with several other prohibited uses.
The 11.5 acre parcel has had two parcels develop, one being a church facility on the corner of Hooks and
Hancock, and the other parcel originally developed as a bank This has left a 7 acre parcel in the middle
that has been undeveloped The applicant is proposing to change the allowable uses to include
multifamily on this remaining 7 acre parcel.
In the onginal Hills of Clermont conditional use permit, densities were given to individual parcels For
example, the onginal multi-family that was approved to the south (Parcel #4) had a maximum density of
6.5 units per acre. This parcel never developed as multifamily and was developed as single family units
(South Ridge Subdivision) equaling 2 dwelling units per acre. Parcel#2 was given a maximum density of
6 units per acre and remains undeveloped.
Since several parcels remain undeveloped and others were developed well under the maximum densities,
the applicant is requesting a higher density for the proposed parcel. Calculated alone, 103 units on 7 acres
equates to 14.7 units per acre, however, if calculated into the overall Hills of Clermont planned unit
development (including open spaces and retention area) the total acreage would equal 8 6 acres, and the
density would fall to 12 units per acre meeting the maximum allowable by the future land use.
Staff recommends approval of the conditional use penmt.
David Stimmell, 902 Johns Pointe, Oakland, stated that the Planned Unit Development ongmally called
for mixture of residential uses to go along with the commercial uses for this area. He stated that this
property was ongmally scheduled for 164 units but they have only built 54 units. He stated that water and
transportation improvements are in place, the site is to grade, and sidewalks are constructed. He stated
that multi-family is a transition from single family to commercial. He stated that there is a four-lane road
separating single family from this parcel. He stated that they plan to build workforce housing units. He
stated that the rent is restricted to 30%of the median income. He stated that are there are jobs, a bus stop,
two schools,and shopping near this location.
Commissioner Harry Mason asked if there are two public access points to this property.
Mr. Henschel stated that there are three public access points to this property.
Commissioner Harry Mason moved to recommend approval of the conditional use permit;
seconded by Commissioner Bernadette Dubuss. The vote was unanimous to recommend approval
for the conditional use permit
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
November 4, 2014
Page 5
3. REQUEST FOR CONDITIONAL USE PERMITS
REQUEST: Walmart
APPLICANT: Kimley-Horm and Associates, Inc.
Planning Manager Curt Henschel presented the staff report as follows:
The applicant is requesting an amendment to the existing Resolution #1316 to allow for an increase in
building square footage. Currently the existing Wal-Mart located at 1450 Johns Lake Rd is limited to
218,685 square feet(resolution 1316) The applicant is requesting to create 3,905 square foot expansion
to the east side of the building. The proposed expansion will be for liquor sales that will not be accessible
from inside the main building. Combining the existing allowable square footage of 218,685 and the
proposed addition of 3,905 square feet, the new proposed building size will be limited to 222,590 square
feet.
Staff recommends approval of the conditional use permit.
The applicant was not present.
Commissioner Harry Mason moved to postpone the Wal-mart application until the applicant is present
The motion failed due to lack of a second
Commissioner Tony Hubbard moved to recommend approval of the conditional use permit;
seconded by Commissioner Bernadette Dubuss. The vote was 4-1 to recommend approval for the
conditional use permit, with Commissioner Harry Mason opposing.
4. REQUEST FOR LAND DEVELOPMENT CODE AMENDMENT
APPLICANT: Staff
Planning Manager Curt Henschel presented the staff report as follows:
The Florida Right to Medical Marijuana Initiative; Amendment 2 is on the November 4, 2014
ballot in Florida as an initiated Constitutional Amendment. The measure, upon voter approval,
would legalize medical marijuana.
The City of Clermont has prepared an ordinance that would provide definitions in the City's
code for marijuana and manjuana dispensaries. The ordinance would regulate that a medical
marijuana dispensary could locate only on properties with M-1 Industrial zoning, and would
require a conditional use permit with restrictions as specified in the ordinance. The proposed
ordinance, upon introduction, would move forward to a final hearing on November 12, 2014.
City of Clermont
MINUTES
PLANNING'AND ZONING COMMISSION
November 4, 2014
Page 6
Commissioner Harry Mason moved to recommend approval of the land development code
amendment, seconded by Commissioner Bernadette Dubuss. The vote was unanimous to
recommend approval for the land development code amendment.
Development Services Director Barbara Hollerand asked the Commission's opinion of changing
the meeting start time from 7:00 pm to 6:00 pm.
Commissioner Harry Mason stated that 6:00 pm would be too early for the residents who work
outside of Clermont.
Chairman Nicic Jones, along with Commissioners Tony Hubbard and Bernadette Dubuss, prefer
6:00 pm. Commissioners Herb Smith and Harry Mason prefer the meeting to begin at 7:00 pm.
There being no further business, the meeting was adjourned at 8:05 pm.
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Rae Chidlow—Planning Specialist