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11-05-2019 P&Z MinutesCITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION November 5, 2019 The meeting of the Planning & Zoning Commission was called to order on Tuesday, November 5, 2019 at 6:30 p.m. by Chairman, Herb Smith. Members present were: Herb Smith, David Colby, Tony Hubbard, Max Krzyminski, Tim Murry and Ebo Entsuah. Also present for City staff was City Attorney, Daniel Mantzaris, Esq., Development Services Director Curt Henschel, Planning Manager John Kruse and Senior Planner Regina McGruder. REPORT FROM THE COMMISSION: Chairman Smith entertained a motion to approve the Minutes of the October meeting. A motion was made by Commissioner Hubbard, seconded by Commissioner Colby to approve the Minutes as written. Minutes were approved unanimously. REPORT FROM THE CITY: Development Services Director, Curt Henschel, reported that Item No. 5 Ordinance No. 2020-04 — Carmax Comprehensive Plan Amendment and Item No. 6 Ordinance No, 2020-07 — 111 Residential Comprehensive Plan Amendment are staff -initiated transmittals and staff is requesting that Item No. 5 be tabled to December 3, 2019 and Applicant is requesting item No. 6 to be withdrawn/ removed. Chairman Smith entertained a motion to continue Item No. 5 on December 3' and to withdraw Item No. 6. An individual motion was made for each of these items by Commissioner Colby seconded by Commissioner Entsuah. All voted in favor, motions passed unanimously. Development Services Director Henschel advised that three members of the Commission are coming up for reappointment next year: Commissioners Colby, Sanchez and Hubbard. If anyone is interested in continuing to serve, he will need a Letter of Interest which will be passed onto the City Council on January 10, 2020 and the new term will begin in January. November 5, 2019 PW Meeting Minutes Page - 1 NEW BUSINESS ITEM #1 - Ordinance No. 2019-47 - Heritage Square Distillery Rezoning REQUEST: The applicant is requesting to change the zoning from M1 Industrial to Planned Unit Development (PUD) for property located at 901 12th Street. Development Services Director Henschel presented the staff report. The applicant is requesting a zoning change from M-1 Industrial to Planned Unit Development (PUD), to allow for the development of a Distillery with a tasting room, restaurants and retails shops. The vacant 5.9 +/- acre parcel is located at the corner of State Road 50 and 12th Street. The current Land Use is Commercial and Planned Unit Development (PUD) zoning will allow the developer more flexibility to create a Master Development Plan for the property. The subject property is located at the entrance and gateway of the City's Downtown Central Business District. The development of the property will promote and encourage more retail and mixed uses business opportunities in the area. The Master Development Plan includes development for up to six (6) buildings with up to a maximum 60,000 total square footage for all buildings. The permitted uses are commercial, office, retail, restaurants, bottling and warehouse, spirits and alcohol production, distillery, bars, and any other distribution associated with the distillery. The project shall be designed in substantial accordance with the Conceptual Development Plan prepared by McCoy and Associates. The project will be required to comply with the Land Development Regulations and all buildings must comply with Clermont Architectural Standards. The Applicant will be required to provide a Traffic Impact Study and comply with any identified traffic concurrency mitigation. Any Driveway Permits or Access points must be reviewed and approved by the City Engineer or his/her designee and by Lake County Public Works for any County Streets at the time of Site Plan Review. The Planned Unit Development (PUD) zoning allows some flexibility to the Land Development Code, defined as waivers to the code. The applicant is requesting the following waivers: 1. To allow shared parking spaces between the restaurants and retail/commercial facilities. 2. To allow up to a maximum of 14 parking spaces between parking landscape islands. 3. To allow nine feet width x 20 feet depth (9' x 20') for employee parking spaces. November 5, 2019 P&Z Meeting Minutes Page - 2 4. To allow the 1 l th Street Driveway Access within 35' of the Intersection. 5. To allow a 10 feet maximum height retaining wall instead of code requirements of 6 feet height. 6. To allow employee parking without internal terminal landscape islands. 7. To allow a 15 feet Building Setback for Building identified as (C) adjacent to 11 th Street. Staff has reviewed the application as submitted and finds the proposed project does meet the general requirements and standards for Section 122-315, Review Criteria for a PUD. The applicant is requesting several waivers to the Land Development Codes; the intent of PUD zoning is to allow more development flexibility by creating a development plan in accordance to the provisions of the land development code. Staff recommends approval of Ordinance No. 2019-47 to rezone subject parcel from M-1 Industrial to Planned Unit Development (PUD). Attorney Jimmy Crawford, 702 W Montrose Street, Clermont represented the contract purchaser, Heritage Square Florida, LLC, which is owned by the same family who is building the "50 West project" and spoke on their behalf. He stated that they are excited to bring this project to Clermont, it's a nationally affiliated distillery and tasting facility, the site is a previous industrial property zoned for heavy industrial, but that the owners think the distillery is a much better use. They are exploring with the City ways to link the distillery to the downtown area to get people in since it's in close proximity but disconnected due to dissimilar uses. There will be 196 parking spaces. Clermont does not have a mixed use parking category wherein a facility with multiple businesses would each have self -parking; people will park in a parking area designated for a particular business but will go to other establishments, so to have each one park itself would result in excessive parking. We have consulted with our national partner and. City staff and they have all agreed that the parking is more than sufficient. Mr. Crawford discussed what is proposed with the variances being requested and turned it over to the owners and the Engineer, Rick Mccoy to answer any questions. Chairman Smith turned it over to the audience, there being no one in the audience to speak, he turned it over to the Board. Commissioner Murry stated it sounded like a great project and asked about truck traffic coming off of Juniata as although it's zoned industrial, there are a lot of November 5, 2019 P&Z Meeting Minutes Page - 3 residents in that area. Rick McCoy, of McCoy & Associates, 732 Fourth Street, Clermont, FL, confirmed that truck traffic will come through Juniata by 10th Street but they will limit the traffic keeping the employees away from the restaurant. Mr. Crawford stated they anticipate one truck a day with five to seven weekly at most. Keith Kovach, owner, stated that the facility will only be manufacturing, not distributing as they are not allowed to sell direct to the consumer by Florida law. The truck traffic will be nominal. Commissioner Colby said he thinks it'll be great for the area and asked about signage. Mr. Kovach explained that a directional sign will be by Desoto but the building itself will be the draw. Development Services Director Henschel said they are allowed to have a monument sign on Highway 50 and on Twelfth Street, in addition to their building sign. Mr. Crawford added that they want to the be the western edge in a very positive way. Commissioner Hubbard asked about the parking area used for the Catholic Church. Mr. Crawford said they've spoken to the church and asked Thomas Kovach to expand on that. Mr. Kovach said the church has no objection and supports it completely. Their operation hours are different from the church's and they will be able to use each other's parking when necessary and he doesn't anticipate any issues. Chairman Smith asked for clarification on how sales will be handled. Mr. Kovach explained that as a distillery, they can sell bottles in the distillery but cannot sell to their own restaurant without going through a distributor. You can come to the distillery for a tasting/sampling, but we cannot sell by the glass. This will be a tremendous attraction for Clermont, the goal is to create a destination venue for events and similar types of businesses do very well in other areas. Commissioner Krzyminski said he has some concerns with Waiver Number 4 with the ingress and egress off Eleventh Street and asked for clarification on that and plans to mitigate traffic since the main entrance is on Twelfth Street with a good amount of residences northeast of Highway 50 by the site and he thinks there could be a potential hazard with the amount of stacking coming through the back. Mr. McCoy said he does not see it being a problem as Eleventh Street is not heavily travelled and they'll work with staff to see how they can work things out. There's a long way to go and they'll have an opportunity to conduct traffic studies. Mr. Crawford said it's not a customer entrance, but only for employees and most people will come off Twelfth Street. November 5, 2019 P&Z Meeting Minutes Page - 4 Chairman Smith brought it back to the board and entertained a motion. Motion made by Commissioner Colby to approve Ordinance 2019-47, seconded by Commissioner Hubbard. Motion passed unanimously, everyone voting in favor. TEM #2 - Ordinance No. 2019-06 - South Lake Crossing PUD REQEUST: The owner, South Lake Crossings, is requesting a rezoning to a mixed use planned unit development (PUD) consisting of 1850 residential units, 300,000 square feet of commercial uses, and 500,000 square feet of office uses on 743 +/- acres in the Wellness Way area. The owner has applied for annexation and a large-scale comprehensive plan amendment change to Master Planned Development in the City of Clermont. The property is adjacent to the Olympus Sports & Entertainment (OSE) project. Planning Manager, John Kruse, presented the staff report The residential developer, Lennar, is planning on constructing 1850 dwelling units, consisting of duplexes, townhomes, and detached single-family homes. The Master Plan, Exhibit 2, shows the location of housing types, major roadways, and commercial and office uses. All of the residential development is arranged to be east of the Hancock Road extension. As indicated on the Master Plan, the total developable residential area is 469.21 acres, the employment district for office and commercial use is 101.88 acres, and the neighborhood centers are 18.80 acres. This doesn't include the additional preserved wetland buffers of 96.95 acres, wetland buffers of 12.30 acres, and 44.03 acres for right-of-way dedication. The lot widths range from 18 feet wide for the attached townhomes up to 70 feet wide for the detached single-family homes. On Exhibit 1, sheet C-8 of the Land Use Plan, a table has been provided to indicate the range of residential development standards for the development. The table is typical of the larger residential PUD's, such as Waterbrooke and Highland Ranch, to allow a variety of housing types. Included in the ordinance under Exhibit 3 are sample architectural elevations. Staff is concerned over the 18 feet wide front loaded (garage on front) townhome product and is not supportive of this type of product. Two Neighborhood Centers are being planned adjacent to the residential uses that consist of primarily C-1 Light Commercial uses that complement the residential uses. The northern Neighborhood Center may include one grocery store up to 60,000 square feet with a maximum aggregate of 100,000 square feet for the total shopping center. The southern Neighborhood Center may have up to a maximum of 40,000 square feet with any building over 16,000 square feet requiring a Condition Use Permit. This November 5, 2019 P&Z Meeting Minutes Page - 5 square footage will count in the overall 300,000 square feet of commercial uses for the project. The remaining non-residential portion of the project, commercial and office uses will primarily be located on the western portion of the site between Hancock Road extension and US Hwy 27. Included in this area is a 15-acre charter school site and 1 '/Z-acre civic use site. The vision of this area is to develop jobs through office uses while providing supporting commercial uses. The requested office use is 500,000 square feet with 300,000 square feet of commercial use. The owner has included a land use conversion matrix that permits exchanging different types of land use based on traffic equivalents. The land use consists of single family, townhomes, retail, employment and multi -family. A land use may not be converted more than 50% with a limit of 350 dwelling units converted in the employment district. Staff has prohibited any conversions for multi -family in the Neighborhood Centers City staff, Lake County staff, the applicant, and their representatives have worked through the proposed project and waivers. Upon discussion and review, staff is able to support a majority of the requested waivers. These staff supported waivers are the following: 1. Allow private streets within the subdivision with gated entry/exits, as indicated on Exhibit 2. 2. Allow cut/fill exceeding 10 feet on a maximum of up to 10% of the site as indicated on sheet C-7, Exhibit 1. 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, as indicated on sheet C-9, Exhibit 1. 4. Allow individual phases of the PUD to exceed the overall density of the PUD and to allow individual phases of the PUD to be developed without providing common open space in proportion to that contained within the entire PUD. 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. 6. Allow private dead-end streets of less than one hundred fifty (150) feet in length to terminate without a cul-de-sac. November 5, 2019 P&Z Meeting Minutes Page - 6 7. Interior landscape buffers between abutting property boundaries may have a shared ten (10) foot wide landscape buffer with a five (5) foot wide buffer on each lot to achieve a minimum ten (10) foot wide buffer. Three additional requested waivers are not supported by staff. They include: (1) allow a minimum right-of-way width of fifty (50) feet for local streets instead of sixty (60) feet, (2) to allow off -site signage and (3) to allow signage design, height, and width exceeding code. Staff, specifically the utility department, has determined that the reduction of 10 feet in the right-of-way has posed challenges for utility maintenance. Staff also understands the desire to have signage and wayfinding on a project of this magnitude, but the specific details of the signage has not been provided. This can be further worked out and presented to City Council through a Master Sign package at a later date. The developer has incorporated many development standards into the project. These include open space in the form of usable parks, playgrounds, tot lots, community gardens, and pedestrian trails around stormwater ponds. In addition, a 10-acre amenity center is being set aside for the residential component. As for roadway impacts, the developer will enter into a Transportation Impact Fee Credit agreement with Lake County and the City of Clermont. This agreement shall require the developer to fund improvements for ConservII right-of-way, design and permitting of roadways and/or construction of roadways for Transportation impact fee credits. Prior to final plat or site plan approval for residential uses, school concurrency shall be met. Staff believes the proposal meets the standards in regards to Section 122-315, Review Criteria for a PUD. The applicant is requesting several waivers, however, a majority of the waivers have been requested before in other PUD developments. Therefore, staff recommends approval of Ordinance 2019-06 for a Planned Unit Development to be developed in substantial accordance with the Wellness Way PUD Master Plan, Exhibit 2, prepared by VHB with a date of October 18, 2019. Chairman Smith turned it over to the Applicant. Erica Hughes of VHB 225 East Robinson St., Orlando, FL 32801 FL, accompanied by John Prowell, Civil Engineer and Mike McDonald of Lennar Homes, spoke on behalf of the Applicant and are available to answer any questions. She talked about the proposed project, they are currently processing annexation comp plan and a future land use map amendment and have transmitted to DEO and are here for the proposed PUD. November 5, 2019 P&Z Meeting Minutes Page - 7 The Wellness Way project is committed to being a big part of the county's and City's vision to the roadway network in the region and will help facilitate the east - west connection from US Highway 27 to SR 429 in Orange County and also a big part in the expansion of utilities to serve the Wellness Way area. It will be pedestrian friendly, providing multi use connection to the parks which will be designed within the project and provide connection to the existing trails within the region. She stated that the Applicant would like to discuss the following conditions in the proposed PUD Ordinance and propose changes to be discussed tonight: First, to remove condition 1 C under Section 5 Land Uses and Specific Conditions which state that any front -loaded residential product on lot sizes less than 40 feet shall incorporate hardscape features such as a three-foot masonry wall along the front and side property lines. In lieu of this, we would like to provide additional landscaping such as hedge to soften the exterior sides of the buildings and propose that along the loop roads to put only rear loaded products. She showed architectural renderings of the proposed lot sizes within the PUD. The second change is the provision of adding back the waiver to provide a 50-foot right of way (Section 110-193 providing the 50-foot right of way in lieu of the 60 foot right of way). The Applicant believes that their 50-foot right of way will provide the same amount of area for the utilities as the 60 foot right of way, as this will only be for the internal roads. Applicant is requesting approval with the above two proposed changes. Attorney Mantzaris stated that staff is supporting the request as presented but not related to the sign and he wanted to make sure the Applicant understood that issue is not going to be addressed at tonight's meeting. Ms. Hughes said that is understood and they can come back at a later time to address that issue with the Master sign plan. Chairman Smith turned it over to the audience. There being no one in the audience to speak, he turned it over to the Board. Commissioner Krzyminski - concerned with the reduction of the streets from 60 to 50 feet as the roads in Clermont are getting smaller and there are more cars due to development, otherwise he likes the look of the project. Commissioner Hubbard asked to clarify if the Commission votes to approve the project, does it exclude the three items discussed earlier? November 5, 2019 P&Z Meeting Minutes Page - 8 Planning Manager Kruse explained that the way the Ordinance is written, it does not include those three items. Commissioner Colby asked for further clarification about connection to the trail. Ms. Hughes explained that they propose to have the trail running along the entire wellness way and a loop road outside the boundaries going towards the existing clay road and they propose to connect to that with paved bike paths and trails in their project area. Commissioner Murry stated his main concern is the width of the streets as the streets are getting narrower and emergency vehicles have difficulty getting through. Planning Manager Kruse clarified that the streets are the same width, the proposition is to reduce the right of way outside the pavement from 60 feet to 50 feet. The utility department has expressed issues with doing utility repairs so would prefer the additional ten foot width in order to have sufficient room to work in the area, keeping in mind that there are sidewalks, curb, roadway utilities and trees in the right of way as well. John Prowell stated that the driving width of the road will not change, regardless of the size of the right of way, they are proposing the 50 foot right of way and to grant a ten foot utility easement on each side of the right of way to allow utility access. This has worked in many developments in the Central Florida area, he has designed hundreds of miles of roadways with these 50-foot right of ways without any issues. When the right of way expands out, it impacts how many homes can be built in a neighborhood and thinks it's important for the City to understand that less lots generate less impact fees for road and utility improvements and for this project, it translates to about one hundred fewer lots with a reduction in impact fees of approximately $850,000 based on water, sewer and roadway impact fees. It makes a lot of financial sense for the City to compromise on the 50 foot right of way in this case as it would not adversely impact any utility work that will be done. Commissioner Krzyminski asked for further clarification as it relates to doing away with on -street parking where would visitors park. Mr. Prowell said they would park in the 24-foot pavement, keeping enough space for fire and safety. Chairman Smith asked about City water and sewer. Planning Manager Kruse stated those are not yet in the ground but are being worked out through utility agreements. November 5, 2019 P&Z Meeting Minutes Page - 9 Chairman Smith brought it back to the board and entertained a motion. Motion made by Commissioner Hubbard to approve Ordinance No. 2019-06, seconded by Commissioner Colby. Motion passed unanimously with everyone voting in favor. ITEM #3 — Ordinance No. 2019-46 - Hancock Commons Apartments REQUEST: The Applicant is requesting an Ordinance to allow 281 multifamily units on a 16.499 acre -parcel northeast of the Hooks Street and Hancock Road intersections. Planning Manager John Kruse presented the staff report. The owner, Clermont 15, LLC and Hancock Commons, LLC, is requesting an amendment to a PUD to allow 281 multifamily units on 16.49+/- acres located on vacant property northeast of the Hooks Street and Hancock Road intersection. The property is part of the original Hills of Clermont development that consisted of commercial, office, and residential use along Hooks Street and Hancock Road. A developer's agreement was signed between the developer and the Hills of Clermont Homeowners' Association in 2006 prohibiting multifamily development on this parcel. A modification of the developer's agreement was executed and recorded with the Lake County Clerk of the Courts on May 16, 2019 removing the prohibition of the multifamily development. The owner desires to develop an apartment complex on the property using the affordable housing bonus density process. The applicant has applied for 281 units on 16.49 acres. The base density of the parcel is 12 units per acre or 197 units. The bonus density request is for 84 units for a cumulative total of 281 units. This is a density of 17.1 units per acre. Under the Affordable Housing Density Bonus Ordinance 2018-30, applicants along the Hooks Street Corridor can request up to 20 units per acre through the provision of having affordable units based upon HUD standards and income limitations. The applicant has indicated 15 % of the bonus units would be provided for moderate -income households. This would be 0.15 x 84 bonus units = 13 affordable units. These units would remain as affordable units in perpetuity. The applicant has provided a conceptual site plan prepared by Kimley-Horn showing the four buildings, amenity area and associated parking. The multi -story buildings will have elevators since they may have a maximum height of 55 feet. The applicant has provided architectural elevations showing the proposed buildings along with sight lines. November 5, 2019 P&Z Meeting Minutes Page 10 The applicant has requested seven waivers to the code in order to develop the project. Upon discussion and review, staff is able to support a majority of the requested waivers. The waivers are: 1. Allow private streets within the project with gated entry/exits. 2. Allow cut/fill exceeding 10 feet but not more than 15 feet on up to 20% of the site except for the stormwater system that may have up to 35 feet of cut, as indicated on the cut/fill exhibit. 3. Allow individual retaining wall height up to a maximum of 12 feet as indicated on the conceptual site plan. 4. Allow roll out trash collection for each building. If additional trash collection is required, an onsite compactor will be provided. 5. Allow proposed buildings with a maximum height of 55 feet. 6. Allow a building setback of 7.5 feet building setback line from property lines adjacent to stormwater management facilities. This request has been removed because they've met the setback lines. 7. The final waiver requested by the applicant, is not to be responsible for the construction of Hooks Street along the southern border of the property. Staff is unable to support this request since the continuation of Hooks Street will provide an additional east/west corridor parallel to SR 50 in the near future, offering some relief from SR 50. A condition for the developer to construct Hooks Street has been included in the PUD ordinance along with providing an option to seek impact fee credit from Lake County. Staff believes the proposal meets the standards in regards to Section 122-315, Review Criteria for a PUD. The applicant is requesting six waivers. A majority of the waivers have been requested before in other Planned Unit Developments. With the amended developer's agreement, the applicant has been able to move forward with this request that was previously prohibited. The request for the affordable housing density bonus units allowable under Ordinance 2018-30 have provided a mechanism for the increased density from 197 units up to 281 units or 17.1 dwelling units per acre. Staff recommends approval of Ordinance 2019-46 for an amendment to a PUD to allow 281 multifamily units to be developed in substantial accordance with the Conceptual Sketch, Sheet SP-04, prepared by Kimley-Horn and Associates, Inc. with the addition of the removal of the waiver (Number 6 above) for the building setbacks. November 5, 2019 P&Z Meeting Minutes Page -11 Chairman Smith turned it over to the Applicant. Mr. Lee Chira of 9216 Bay Point Drive, Orlando, FL (Property Appraiser in the name of Lee Chira) spoke on behalf of the Applicant. Did a project on Hammock Ridge Road, very successful and this project is very similar in quality and style. Had several meetings with the Hills of Clermont community and 87% of the community supported the project, There is a development agreement with the Hills of Clermont which he presented to the Commission and which has been recorded with the County Clerk. They have no problem with five of the six waivers, however, they have a problem with the Hooks Street Extension due to the expected cost of the road at over $1.5 million which would make this project totally not feasible. They have had an analysis done by Kimley-Horn and Associates, Inc. which has proven that they have no need for access to the property via Hooks Street as there are already four access points to the property, with two on Hancock and two on Highway 50. The City has requested that they have access on Hooks Street for safety reasons, but the Applicant doesn't agree with that based on the existing four access points. They are willing to work with the County and City to have access from their property to Hooks Street once the road is built and have dedicated the right of way for that road in 2003 when the Hills of Clermont was platted and noted that this discussion has been ongoing since 1995. There have been talks with the County regarding building this road and are in the process of formulating a program which everyone has to agree to with concurrency with the City. Therefore, applicant is asking to remove the request from the Ordinance as it should not be their responsibility to build this road, it should be done by the County. The impact fees to the City for this project is $1.75 million with a transportation impact of $375,000 and annual real estate taxes of about $132,000, all based on similar projects they've done in the County and City. In sum, they cannot undertake the building of this road due to the prohibitive cost. He has his partner, Lance Chernow, and are available for any questions. Lance Chernow with Davis Development, Atlanta, GA stated that their goal is to bring best -in -class apartments to Clermont with a leasing facility and clubhouse incorporated into the building, more like an urban development similar to those in downtown Orlando with tenant friendly amenities and a mixed resident base. He showed examples with exterior elevations of several projects completed in Florida and what they propose to do with this project. November 5, 2019 P&Z Meeting Minutes Page - 12 Chairman Smith turned it over to the audience. The following audience members spoke against the project and echoed the same sentiments imploring the Commission to take all their concerns into consideration when making a decision: The concerns being:- Devaluation of their properties; having to look at a 55-foot building from the back patio; Hancock Road being already overcrowded and cannot handle any more traffic which will increase with the addition of 281 units and will be a disaster waiting to happen with the way people drive; the residents agreed to the development because otherwise it would have been zoned commercial with a Seven Eleven type facility which no one wanted and after fighting against that for years, the residents were told that they should vote for apartment complexes for the betterment of their community; the concept that is being presented tonight is not consistent with the plans and renderings they were shown in previous meetings with the developer; they were told it would be high - end luxury apartments not "urban apartments similar to downtown Orlando" and no mention was made about low income apartments; that the HOA approved this project after years of fighting against the development of a multi -unit structure on the property; the amount of space that will be allotted from the wall behind Pine Shadow Lane in Hills of Clermont to this new development if Hooks Street is not going to be built; a developer of a shopping center and 85 townhomes at Emil Jahna Road agreed to build two miles of Hooks Street, and if he was required to do that, why would an exception be made now for this project; the concern that an existing sewage problem on the south end of the community will likely get worse. Mr. Wayne Pae of 2694 Pine Shadow Lane, Clermont, FL Ms. Damaris Moraza of 2698 Pine Shadow Lane, Clermont, FL Robin Gerchman, of 2686 Pine Shadow Lane, Clermont, FL Patty Dooly, of 1043 Hidden Bluff, Clermont, FL Anastasia Matthess, of 2690 Pine Shadow Lane, Clermont, FL Misty Atkinson, 2751 Cedaridge Circle, Clermont, FL Wade McLemore, of 2675 Pine Shadow Lane, Clermont, FL Sean Kruckenberg, member of Board of Directors for Hills of Clermont — clarified what was stipulated between the developer and the Hills of Clermont HOA, residents were given an opportunity to vote for or against removing the restrictions which were placed on the property years ago and 75 residents participated, 68 voted for and seven voted against. Their greatest concern was the Hooks Street extension and how it would impact traffic flow as the alignment of Hooks Street lies directly by the wall behind the community with no buffer. In meetings with November S, 2019 P&Z Meeting Minute Page -13 developer, it was agreed that landscaping and sidewalks would be put in place in order to provide a buffer between the community and the proposed development so that the road would not land right by the exterior wall of the community. Attorney Mantzaris clarified that apparently what most of the residents are referring to is an agreement which was entered into between the developer and the Homeowner's Association back in 2006 whereby they agreed that there would be certain restrictions on the property. At that time, one of the restrictions was that multifamily units would be restricted on the property. In May of 2019, that agreement was modified and the restriction was removed from the deed restrictions for the property. He stated that when the residents say they did not agree to this project being presented tonight, he believes they agreed to the modification of this agreement. The agreement reads in part that the development will consist of an apartment community and he wants to make clear that the Commission understands what is before them tonight for a vote is that the Homeowners' Association agreed to the fact that this property could be developed with an apartment complex. The Commission should be voting on what was presented tonight, who's in favor and who's in opposition. Anastasia Matthess stated that she understands what Attorney Mantzaris is saying, however what they agreed to was to have the zoning changed to allow the developer to build multifamily units and that was based on a different project which was shown to the homeowners at that time. Chairman Smith turned it over to the Applicant. Mr. Chemow stated that site plans evolve but quality is unchanged. He discussed the amenities that will be provided such as a fitness center, clubhouse, resort -style pool, biking areas, club rooms, theater rooms, etc. and showed samples of the units with high -end cabinetry and countertops. He addressed the bonus density component for affordable housing in that out of 281 units, only thirteen will be designated as such. The low end of the rent to meet the affordable housing component is anticipated to be $1,150 per month with a high range of $1,405 for a one -bedroom unit. The two -bedroom units will range between $1,530 and $1,580 and the three -bedroom units will range between $1,830. He reiterated that they're going for best -in -class for Clermont with top end project and amenities. Chairman Smith turned it over to the Board. Commissioner Murry asked about the space between the wall and the community. November 5, 2019 P&Z Meeting Minutes Page - 14 The Engineer with Kimley Horne explained that there will be 260 feet and at the corner 290 feet. Commissioner Murry voiced his concerns with the current traffic issues on Hancock, and without Hooks Street being extended, will get worse. The engineer stated that this project will not make traffic any worse, they are advocating for the Hooks Street extension by the City or County as the cost is prohibitive for the developer and he thinks Lake County has reached out for bids. Commissioner Colby asked about the affordable housing component if all the units will be one -bedroom. The Applicant explained that they don't have to be but based on prior experience in other jurisdictions, they typically are. He asked for confirmation if the Commission were to approve this project based on staff recommendation, would the requirement for the Hooks Street extension still be a requirement? Attorney Mantzaris confirmed yes. Commissioner Hubbard asked about the moratorium on multifamily the City had in place? Attorney Mantzaris explained that when the City implemented the ordinance for a six-month period, it included the effective date of the moratorium of October 111. Any application submitted prior to that date would not be affected because they were already in the works and it was deemed an undue hardship for those applicants as they had already gone through the development review process. This project had submitted its application prior to that date. Commissioner Krzyminski stated that he agrees with staff's recommendation to include the Hooks Street extension provision. He frequently travels on Hancock and sees how awful the traffic is already and the addition of 281 units with the potential of two vehicles each will make it worse and without the Hooks Street extension, he doesn't see him approving it. Chairman Smith stated that he's in agreement with staff s recommendation as presented but wanted clarification about the Hooks Street extension. Attorney Mantzaris clarified that the provision contained in the project states that the developer will build that portion of Hooks Street in exchange for credit of impact fees or other considerations based on agreement with the County. The City's position is that the developer should work with the County however he can to get that road built before any Certificate of Occupancy is issued, that is how the Ordinance is written and any agreement to build that portion of the road is between the developer and the County. Applicant is asking for that condition be removed. November 5, 2019 P&Z Meeting Minutes Page- 15 Chairman Smith brought it back to the Board and entertained a motion. A motion was made by Commissioner Hubbard to deny Ordinance No. 2019-46, seconded by Commissioner Colby. Motion passed 4-2, with Commissioners Entsuah and Murry voting yes. ITEM 4 — Ordinance No. 2019-44 - Rocky Mount Commercial Phase 2 Rezoning REQUEST: The applicant, Rocky Mount Development Co., has requested a rezoning change to the C-2 General Commercial zoning designation. Planning Manager Kruse presented the staff report. The subject site is 10.8 +/- acres in size. The vacant property fronts Hooks Street, between Ford of Clermont and Dicks Sporting Goods. This request is being heard concurrently with requests for annexation and a large-scale comprehensive plan amendment. The property is located within the Interlocal Service Boundary Agreement (ISBA) and the Joint Planning Area (JPA). The property has been previously mined and is currently used for agricultural purposes. The north portion of the property was annexed into the City in 2015 and the property is contiguous to the City limits on the north, east, and west boundary. The applicant desires to develop the property for commercial uses; however, no conceptual plans have been submitted at this time. The proposed rezoning request will change the zoning from Urban Estate (currently Agriculture District in Lake County) to the City's C-2 General Commercial zoning classification. The requested change is similar to the surrounding zoning and land use in the City. The property does have a curb cut and a dedicated left turn lane in place from Hooks Street to facilitate development in the future. Staff has reviewed the applicant's proposal and finds the proposed zoning at this location is compatible with the uses in the area. Staff is able to support the request for the rezoning change since the subject property meets the requirements for voluntary annexation, the City is capable of serving the property, it is not in conflict with the City's Comprehensive Plan, and the property can be developed in a similar fashion under Lake County's Regional Commercial designation. Therefore, staff recommends approval of the rezoning to the City's C-2 General Commercial zoning designation. Chairman Smith turned it over to the Applicant. November 5, 2019 P&Z Meeting Minutes Page - 16 Rick McCoy, of McCoy & Associates, 604 West Avenue, Clermont, FL represented the owner and stated he agrees with staff s recommendation and is available to answer any questions. Chairman Smith turned it over to the audience. There being no one in the audience to speak, he turned it back over to the Board. Chairman entertained a motion. Motion made by Commissioner Hubbard to approve Ordinance No. 2019-44, seconded by Commissioner Krzyminski. Motion passed unanimously, with everyone voting in favor. ITEM #5: Ordinance No. 2020-04 — Carmax Comprehensive Plan Amendment REQUEST: Applicant is requesting an Ordinance to change the future land use from Lake County High Density and Regional Commercial to Clermont Commercial for vacant parcel located east of CR 455 and north of SR 50, adjacent to the East Town Center Publix Plaza. Chairman Smith entertained motion to table. Motion made by Commissioner Colby, seconded by Commissioner Entsuah. Motion passed unanimously, with everyone voting in favor. Tabled to December 3, 2019 ITEM 6 — Ordinance No, 2020-07 — 111 Residential Comprehensive Plan Amendment REQUEST: Applicant is requesting an Ordinance to change the future land use from Lake County Urban High Density to Clermont High Density Residential for vacant parcel located '/a mile north of SR-50 and CR 455 intersection, east of CR 55 before the trail. Chairman Smith entertained motion to withdraw at request of City Staff. Motion made by Commissioner Colby, seconded by Commissioner Entsuah. Motion passed unanimously, with everyone voting in favor. Request withdrawn by Applicant. ITEM 7 — Ordinance No. 2019-28 — Vacation Rentals REQUEST: Applicant (City of Clermont) is requesting an Ordinance to amend the Code of Ordinances, Chapter 122 Zoning, Section 360 Vacation Rental Permit Regulations. Development Services Director Henschel presented the staff report. November 5, 2019 PW Meeting Minutes Page -17 City staff has drafted an ordinance for short term rentals. This is a staff -initiated Ordinance 2019-28 relating to short term vacation rentals; amending Chapter 122, Zoning Codes to provide standards and regulations for a Vacation Rental Permit Program. The City of Clermont currently does not have any regulations with regards to short term rentals. The proposed Ordinance will provide regulations and conditions for a Vacation Rental Permit Program to allow -short term vacation rentals for non -occupied residential homes (Whole House) rentals with proper management and compliance with permit requirements. Mr. Henschel summarized the Ordinance as follows: 1. A Vacation Rental Permit is for the short-term rental and use of entire house (Maximum Occupancy 2 persons per bedroom). 2. Permitted in all residential zoning districts 3. Duration/Time Frame (30 days' maximum) 4. Life Safety and Minimum Housing Standard Inspection Required. 5. Application Fee for Vacation Rental Permit - $350.00 1 st year and $150.00 annually. 6. Floor Plan and Site Plan Required 7. Current Registration with Department of Revenue required 8. City and County Tax Receipt Required 9. Name and Address on File of Vacation Rental Representative (must be able to respond within 60 minutes should there be an issue at the location). 10. Commercial Use of Property Prohibited 11. Code Compliance Inspection required 12. Any modification or changes to vacation rental property must be reported to update the permit. Chairman Smith turned it over to the audience. Marion Ringwood of 1808 Nature Cove Lane, Clermont, FL — Asked if this Ordinance will supersede any HOA restrictions, since HOA's don't allow rentals more than seven months. She recommends putting the community name on the Permit application if the property has an HOA so the City could see right away that November 5, 2019 P&Z Meeting Minutes Page -18 it's an HOA property. She stated it's sometimes difficult contacting owners' representatives for rental properties and mentioned Invitation Homes in particular in the Reserve Lost Lake community. She asked to consider Item 2. Attorney Mantzaris explained that similar to regulations that the City Council puts in place, and with regard to most regulations, specifically with regard to the one in question, City Ordinances cannot supersede an HOA Deed Restriction because HOA's are covenants of restrictions between the property owner and the HOA, therefore those can be more strict than the City Code. Therefore, this Ordinance would not essentially permit someone to have a short-term rental or vacation rental in a HOA community which prohibits rentals for less than seven months. Chairman Smith turned it over to the Board. Commissioner Murry asked if this Ordinance allows owners outside of an HOA community to do short term rentals. Attorney Mantzaris confirmed yes. Commissioner Colby said it's great to have this regulation, but it's appears a bit confusing. Attorney Mantzaris stated that it covers Airbnb's. This would not allow an individual to rent one bedroom in a house as short-term rental, it applies to rental of the entire house. After a lengthy and spirited discussion as to what the Ordinance covers, with several explanations by Attorney Mantzaris, Chairman Smith entertained a motion. Motion made by Commissioner Krzyminski to approve Ordinance No. 2019-28, seconded by Commissioner Murry. Motion passed unanimously, with all voting in favor. November 5, 2019 P&Z Meeting Minutes Page -19 City of Clermont Minutes Planning & Zoning Commission November 5, 2019 With no further comments, Chairman Smith adjourned the meeting at 8:45 P.M. ATTEST: a *E I E. Kruse, Planning Manager November 5, 2019 PU Meeting Minutes Page - 20