10-06-2015 P&Z Minutes City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
October 6, 2015
Page 1
The meeting of the Planning & Zoning Commission was called to order Tuesday October 6,
2015 at 6:30 p.m. by Chairman Nick Jones. Other members present were Carlos Solis, Herb
Smith, Judy Proli, and Tony Hubbard. Also in attendance were Barbara Hollerand, Development
Services Director, Curt Henschel, Planning Manager, John Kruse, Senior Planner, Dan
Mantzaris, City Attorney, and Rae Chidlow, Planning Specialist.
MINUTES of the Planning and Zoning Commission meeting held September 1, 2015 were
approved as written.
REPORTS
There were no reports.
1. REQUEST FOR LARGE-SCALE COMP PLAN AMENDMENT
REQUEST: To change the future land use from Lake County Urban Low Density to City of
Clermont Low Density Residential.
APPLICANT: Mattamy Homes
Senior Planner Kruse presented the staff report as follows:
The applicant, Mattamy Homes, is requesting a Future Land Use change on the parcels. This
request is being heard concurrently with requests for annexation and a Conditional Use Permit
for a Planned Unit Development (PUD). The property was previously mined and is now vacant.
The applicant desires to develop the property for residential use and has previously received
approval from Lake County. The applicant is requesting City services for the 540 acre project.
The proposed map amendment will change the future land use from Lake County's Urban Low
Density to the City's Low Density Residential. Lake County's Urban Low Density allows up to
4 dwelling units per acre. The City's Low Density allows up to 3 dwelling units per acre. The
change in future land use would decrease the total number of units by 1/4 if the project was built
at full capacity in the City. The applicant is requesting 950 units on 540 acres, which equates to
1.76 units per acre. This number is well below the 3 dwelling units per acre allowable under the
City's Low Density Future Land Use.
Upon approval by the City Council, the proposed amendment would be transmitted to the Florida
Department of Economic Opportunity (DEO) and the reviewing agencies for review. DEO
would then issue an Objections, Recommendations and Comments letter to the City, and the
amendment would then be scheduled for a final public hearing in December.
Staff recommends approval of the transmittal of the large scale comprehensive plan amendment
to change the future land use from Lake County Urban Low Density to Low Density Residential
in the City.
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PLANNING AND ZONING COMMISSION
October 6, 2015
Page 2
Attorney Cecelia Bonifay, 420 S. Orange Ave., Orlando, stated that this property was previously
known as the Jahna property. She stated that they moved forward with a comp plan amendment
in the county about a year ago. She stated that they updated an old planned unit development
with Lake County in 2008. She stated that the previous developers walked away from the
project. She stated that they now have a new developer and they know they will need to annex
into the city in order to gain utilities.
Jan James, 15845 Johns Lake Rd., asked if this will change her agricultural designation for her
property and will she be annexed into the city limits.
Mr. Kruse stated that her property is not included within the planned unit development so it
would not be annexed into the property and her property's land use would not be affected.
Mike Megler, 17341 Magnolia Island Blvd., has concerns that this is going to create an enclave
and asked how will it affect their services that they receive from the county.
City Attorney Dan Mantzaris stated that anyone who is located in the county will continue to
receive their services from the county. He stated the only change may be that the Clermont Fire
Department may respond due to the joint fire service agreement.
Mr. Megler said he wants to make sure the conservation area will not be changed with the
development.
Ms. Bonifay stated that there is an agreement in place by Nola Land, Island Bay and Magnolia
Island Homeowner Associations that includes a conservation easement that will follow the state
statutory requirements for conservation easements. She stated that the conservation easement is
recorded into the records of Lake County. She stated that nothing within the planned unit
development can modify the conservation easement. She stated that Island Bay Boulevard will
connect to Hartle Road.
Mr. Megler requested that all home owners be notified when the closing for the roadway hearing
comes up.
Mr. Mantzaris stated that the typical procedure is to notify the abutting property owners.
Ms. Bonifay stated that maybe the right thing to do is for the applicant to have a meeting with the
homeowners prior to the city council meeting.
Craig Hildebrandt, 16520 Bay Ridge Dr., stated that his property abuts the property where the
relocated road will be. He asked that when his property abuts the city limits would he be forced
to annex into the city.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
October 6, 2015
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Mr. Mantzaris stated that the Planning and Zoning Commission has no authonty regarding
annexations so they could not respond as to whether there are any intentions to annex other
properties or not.
Steve Moras, 15845 Johns Lake Road. asked if Lost Lake Road will be opened due to this
annexation.
Mr. Kruse stated that Hartle Road is being handled through the county. He stated that he does not
know of any improvements to Lost Lake Road.
Chairman Jones stated that they should contact Lake County and talk to their road planners.
Mike Salvi, 15100 Lost Lake Road, asked about future plans for Lost Lake Road.
Ms. Bonifay stated that their plans only deal with Hartle Road, Hooks Street and Emil Jahna
Road off State Road 50. She stated that their development has nothing to do with Lost Lake
Road.
Alan Bellamy, 16101 Johns Lake Road, asked about the alignment of the future Hartle Road.
Mr. Kruse stated that the alignment is being designed by Lake County and they would have more
information about the alignment.
Katlin Musial, 2701 Pine Shadow Lane, asked what type of multi-family development is planned
for this area, where Hooks Street will extend to and how soon the construction will start.
Ms. Bonifay stated that these are questions are more for the conditional use permit. She stated
that they will do their part with dedicating Hooks Street right-of-way through their development.
She stated that as soon as they get through the development approval process, Mattamy will start
building. She stated that there will be 175 multi-family townhomes.
Craig Hildebrandt, 16520 Bayridge Dr., asked for a more specific start time for the development.
John Townsend, 2200 Park Ave., Winter Park, stated that construction will begin just as soon as
they can get through permitting. He stated that once the conditional use permit is approved they
will begin site review and permitting which will take four to six months for that process.
Commissioner Hubbard moved to recommend approval of the large-scale comp plan
amendment; seconded by Commissioner Smith. The vote was unanimous to recommend
approval.
City of Clermont
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PLANNING AND ZONING COMMISSION
October 6, 2015
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2. REQUEST FOR CONDITIONAL USE PERMIT
REQUEST: To allow for a planned unit development to allow for single and multi-family
residential in the UE Urban Estate zoning district.
APPLICANT: Mattamy Homes
Senior Planner Kruse presented the staff report as follows:
The applicant, Mattamy Homes, is requesting a conditional use permit for a planned unit
development consisting of 950 residential units. The development will be comprised of a
majority of single family dwelling units with multifamily units also being offered. The applicant
has received approval from Lake County for 894 dwelling units under PUD Ordinance#2014-80.
The applicant desires to increase the number of dwelling units by 56 (6 percent) to offset the
additional easements and rights-of-way that will be required for road improvements/re-
alignment.
City staff, the applicant, their representatives, and Lake County staff have met to work through
the current ordinance and to incorporate the conditions into the City's conditional use permit.
The applicant has requested additional changes that are not included in the approved Lake
County ordinance. These changes have necessitated the applicant requesting waivers to the
City's code. Upon discussion and review, staff was able to support six of the requested waivers.
These-,staff-supported waivers are contained in the conditional use permit and include the
following:
1. Allow private streets within the subdivision with gated entry/exits. Section 110-192(1).
2. Allow construction of Emil Jahna Road without bikeways and incorporate a 10-foot trail on
the west side instead. Section 110-194(3) and (4).
3. Allow construction of 20-foot wide, one-way alleys with 12 feet of pavement as long as 20
feet of unobstructed emergency access is maintained. Section 110-195(b).
4. Allow cut and fill of up to 20 feet in the construction of Hartle Road to accommodate required
road grades. Section 94-195(b)(3).
5. Allow street trees within the frontage of a residential lot to count toward the minimum number
of required trees on the lot and to allow such trees to be less than 6 feet from curbs and
sidewalks as long as a minimum of 5 feet of clearance is provided between the tree and any
public potable water, wastewater or reclaimed water main. Section 118-71(1).
6. Allow community amenity buildings with a maximum building height of 55 feet. Section 122-
84(4).
Staff was not able to support the following two requested waivers and has not included them in
the conditional use permit:
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PLANNING AND ZONING COMMISSION
October 6, 2015
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1. Allow one single off-site ground sign identifying the subdivision at the southeast corner of the
intersection of Emil Jahna Road and SR 50. Section 102-15(e)(4).
2. Allow the one single off-site ground sign to have following standards: (a) Maximum sign area
= 50 square feet with a height of 15 feet, (b) Maximum height of sign's architectural feature,
consisting of tower/column, to be up to 30 feet with no more than 25% of the sign width and
(c) Sign setback of 20 feet from SR 50 and 20 feet from Emil Jahna Road. Section 102-
12(b)(1).
The applicant has agreed to remove these two waivers.
Additionally, the applicant has challenged several of the utilities provisions called out in the
conditional use permit. Staffs position is that these conditions are per code, and therefore, apply
to the proposed project. With this being stated, staff recommends approval of the conditional use
permit for a planned unit development as written.
Ms. Bonifay presented the preliminary drawings for the WaterBrooke conditional use permit.
Tom McCarthy, 1900 Summit Tower Blvd., Orlando, stated that Mattamy Homes is Canada's
largest home builder and they are located in four states. He stated that they have been building in
Orlando for the past 8 years. He stated that stated that they mix the multi- and single-family
homes together, rather than separating them. He stated that there will be an amenity center that
will include an activity center, media center, pool, and splash pad. He stated that there will be
trails around the lakes.
Frank Cervino, 16339 Meredrew Lane, asked about the egress from the subdivision.
Brent Lacy, Little John Associates, stated that they are the traffic planners. He stated there will
not be only a right-in and right-out for the subdivision. He stated you would be able to enter and
exit either direction.
Mr. Cervino stated that this will cause some safety issues.
Jan James asked if there will be a wall on the southern boundary along Lost Lake Road.
Mr. McCarthy stated that they have not made a decision on a wall.
Ms. James asked if Hartle Road will be four lanes with a grass medium with a bike lane.
Mr. McCarthy stated that it may get constructed as a two-lane road and add a lane as needed
later.
Mike Megler asked if there is a crash gate near Island Boulevard.
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MINUTES
PLANNING AND ZONING COMMISSION
October 6, 2015
Page 6
Mr. McCarthy stated that there is an intersection at Hartle Road in the future. He stated that if the
drawings show a crash gate, it would be for emergency access only.
Commissioner Smith asked about the home sizes.
Mr. McCarthy stated that the size of the homes will be between 1600 and 3800 square feet.
Commissioner Smith asked if the ponds are acidic.
Mr. McCarthy stated they have not recently tested the water but they will. He stated the lakes are
clear.
Commissioner Proli said she read that this area is a flood zone.
Mr. Townsend stated that they do not anticipate anyone being required to have flood insurance.
Commissioner Proli stated that she has concerns about the impact to the schools.
Ms. Bonifay stated that in March they received a concurrency letter from the Lake County
Schools, and that they met concurrency. She stated she was surprised to see the concurrency
report in the packet showing they would exceed capacity.
Commissioner Proli stated that she does not approve of multi-family being next to single-family.
Mr. McCarthy stated that they have several successful communities that have multi- and single-
family homes. He stated that they don't put single-family homes next to townhomes. He stated
that there will be a block of townhomes, then a block of single-family.
Commissioner Hubbard moved to recommend approval of the conditional use permit; seconded
by Commissioner Solis. The vote was 4-1 to recommend approval with Commissioner Proli
opposing.
3. 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
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
October 6, 2015
Page 7
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
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 Solis moved to recommend approval of the land development code amendment;
seconded by Commissioner Smith. The vote was unanimous to recommend approval.
There being no further business, the meeting was adjourned at 8:29 pm.
AN/ %dim
Nick ,/ -s, Chairman/
ATTEST:
Rae Chidlow—Planning Specialist