09-01-2015 P & Z Minutes City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
September 1, 2015
Page 1
The meeting of the Planning & Zoning Commission was called to order Tuesday September 1,
2015 at 6:30 p.m. by Chairman Nick Jones. Other members present were Herb Smith, Judy Proh,
Tony Hubbard, and Jack Martin. Also in attendance were Barbara Hollerand, Development
Services Director, John Kruse, Senior Planner, Dan Mantzaris, City Attorney, and Rae Chidlow,
Planning Specialist.
MINUTES of the Planning and Zoning Commission meeting held August 4, 2015 were
approved as written.
REPORTS
There were no reports.
1. REQUEST FOR LDC AMENDMENT
REQUEST: To amend Article IV Planned Unit Developments; Chapter 122 Zoning, Section
122-311 through Section 122-318.
APPLICANT: City Staff
Senior Planner Kruse presented the staff report as follows:
Staff is initiating this proposed change to add a new zoning district, Planned Unit Development
(PUD). Section 122 of the Land Development Code has 14 zoning districts that a property may
be assigned for a zoning designation. Historically, a planned unit development has been
approved through a Conditional Use Permit with the specific conditions contained in the
document, but with an underlying zoning district such as Urban Estate. This has caused some
confusion when a planned unit development is processed and finally recorded after approval.
Additionally, processing annexations for properties under the Interlocal Service Boundary
Agreement (ISBA) process is also more complex if the existing zoning in Lake County is
planned unit'development. The City would typically process the related administrative requests
for rezoning and a future land use change at the time of the annexation hearings. However,
because the city is the applicant with ISBA annexations, the property owner would not sign the
related conditional use permit for a planned unit development. Because a rezoning to a planned
unit development would be by ordinance, it would be signed by city officials and not the
property owner.
A majority of other governmental jurisdictions have a planned unit development zoning district.
For the new planned unit development zoning, the application would still be processed the same
way, including the majority of the requirements as outlined in Article IV, Planned Unit
Developments, of Section 122. A few changes in this article have been proposed, such as
reducing the contiguous area of property from 10 acres down to one acre. This recommendation
recognizes that land costs have increased significantly, and there are fewer parcels containing 10
contiguous acres. This reduction also encourages redevelopment and infill on smaller sites with
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
September 1, 2015
Page 2
some flexibility. The planned unit development would still have to be presented to the Planning
and Zoning Commission and the City Council for review and approval.
Staff recommends approval of Ordinance No. 2015-75 to create a new zoning district, Planned
Unit Development(PUD).
Commissioner Proli asked why the acreage is being lowered from 10 acres to 1 acre.
Mr. Kruse stated that the 10 acres in the current code have to be contiguous. He stated that due to
the city's growth, the parcels that are being brought before the city are less than 10 acres.
Commissioner Proli asked if they approve this, does this mean the developer can add more units
on that acreage.
Mr. Kruse stated that the developer is limited to what is required in the comprehensive plan and
the city is not changing,that.
Commissioner Hubbard stated that he still has concerns that property can be annexed into the
city without being contiguous.
City Attorney Mantzaris stated that the County and City negotiated an agreement to allow the
annexations based on the encumbrances of the utility agreements, since they are going to become
part of the city anyway.
Commissioner Martin stated that he likes this planned unit development zoning, but he's not sure
he is ready to vote on it. He stated that he's concerned there are questions he hasn't thought
about to ask. He stated that he would like another month to think about this zoning designation.
Mr. Mantzaris stated,that any violation within the planned unit development can be enforced
through code enforcement or the city can seek an injunction through the court to enforce the
provisions of the city's codes.
Commissioner Martin asked if the wording pertaining to the performance bond should say"shall
be required" rather than "may be required." He also suggested changing the wording on page 8
of the document to say"schedule a public hearing"rather than"hold a public hearing."
Chairman Jones asked if there was an urgency to have the planned unit development zoning in
place.
Director Barbara Hollerand stated that if they need another month to look at this proposed
change, that would be fine.
Commissioner Martin stated that he would like to see this item tabled for another month.
i
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
September 1,2015
Page 3
Commissioner Martin moved to table the land development code amendment to the October
meeting; seconded by Commissioner Proli. The vote was 5-1 to table, with Commissioner
Hubbard opposing.
City Attorney Dan Mantzaris gave an explanation of the recent Supreme Court decision that
could affect zoning issues in the future.
Chairman Jones requested a follow-up on projects that have been brought before the
Commission and what the outcome was for these projects. He hopes this could help them make
better decisions based on previous outcomes.
There being no further business, the meeting was adjourned at 7:21 pm.
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Rae Chidlow—Planning Specialist