09-09-2019 P&Z Minutes (Draft)City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
September 9, 2019
NOTE: The regular meeting scheduled for Tuesday, September 3, 2019 was postponed to Monday,
September 9, 2019 due to Hurricane Dorian.
The meeting of the Planning & Zoning Commission was called to order on Monday, September 9, 2019
at 6:30 p.m. by Vice Chairman, David Colby. Members present were: David Colby, Tony Hubbard, Max
Krzyminski, Tim Murry, Julie Santos and Ebo Entsuah. Absent was Chairman, Herb Smith. Also present
for City staff was City Attorney, Daniel Mantzaris, Esq., Development Services Director Curt Henschel,
Planning Manager John Kruse, Senior Planner Regina McGruder and acting recording secretary, Rosalee
Cohen.
REPORTS FROM THE COMMISSION:
Commissioner Krzyminski stated that he's glad to see everyone made it through the hurricane safely.
Vice Chairman, Colby entertained a motion to approve the Minutes of the August meeting. A motion
was made by Ebo Entsuah, seconded by Max Krzyminski to approve the Minutes as written. Minutes
were approved unanimously.
NEW BUSINESS
ITEM #1 - ORDINANCE 2019-28 —Vacation Rental License Regulations.
Motion entertained by Vice Chairman Colby to table until November 5, 2019. A Motion was made by
Max Krzyminski, seconded by Tim Murry, to table ORDINANCE 2019-28 until November 5, 2019. All
voting in favor. Vote passed 6-0.
ITEM #2 — Ordinance 2019-06 South Lake Crossings PUD
Motion entertained by Vice Chairman Colby to table until October 1, 2019 at the request of City staff.
Motion made by Max Krzyminski seconded by Julie Santos to table Ordinance 2019-06 until
October 1, 2019. All voting in favor. Vote passed 6-0.
ITEM #3 - Resolution No. 201921R - Walmart Conditional Use Permit
REQUEST: Consider request to amend a Conditional Use Permit to allow for an expansion to the existing
Walmart Store located at 1450 Johns Lake Road.
Senior Planner, Regina McGruder, presented the staff report.
The applicant, CPH Inc. is requesting an amendment to the Conditional Use Permit (Resolution 1316 and
Resolution 2016-12) to allow for an increase to the building square footage. The property is located at
1450 Johns Lake Rd. The zoning is zoned (PUD) Planned Unit Development with permitted uses that
includes general retail, grocery sales, liquor store, garden center, professional offices, personal services,
restaurants, gas station, and a Tire and Lube Express Center.
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The City Council approved on June 14, 2016 a request to amend the Conditional Use Permit (Resolution
No. 1316) to allow a 3,905 square foot addition for a liquor store (Resolution 2016-12) and on July 23,
2019, approval was granted to allow an automated Budget Truck Rental use at this location. Currently,
the existing Walmart Store is limited to 222,590 square feet. The applicant is proposing to build a 3,112
square -foot office expansion to the east side of the building. The proposed office space is for employee
training and development and only accessible from inside the main building. The existing Conditional
Use Permit has a maximum allowable square footage of 222,590 and the proposed addition of 3,112
square feet, the new proposed maximum allowable building size will be limited to 230,000 square feet.
Staff has reviewed the application as submitted and finds the proposed use will not be detrimental to
the health, safety or general welfare of persons residing or working in the vicinity and the proposed use
will comply with the regulations and provisions specified. Therefore, staff recommends approval of the
Conditional Use Permit with the conditions contained in Resolution No. 2019-21R.
Darren Walsh, 500 W. Fulton Street, Sanford, FL 32771, appeared on behalf of the Applicant and stated
he's happy to answer any questions the Board may have.
Vice Chairman Colby opened it up to the audience. There was no one in the audience to speak and
Vice Chairman Colby brought it back to the Board.
Commissioner Entsuah asked about the existing trash compactor and asked if there will be anything else
added to the area. Mr. Walsh stated that there will be nothing else added, and they're making
allowances for landscaping. The addition will only be used for employee training for new hires.
Commissioner Murry asked for confirmation of the total allowable square footage.
Senior Planner McGruder confirmed that there is wiggle room which allows the Applicant to add
additional square footage up to the maximum allowable amount without having to come back to the
Board for approval.
Commissioner Krzyminski asked if this addition will have any impact on the current signage. Senior
Planner McGruder confirmed that this request does not include any changes to the signage as no change
is necessary.
Vice Chairman Colby entertained a motion. A motion was made by Commissioner Entsuah to approve
Resolution No. 2019-21R. Motion was seconded by Commissioner Santos. All voted in favor. Vote
passed 6-0.
ITEM 4 - Resolution No. 2019-22R - Conditional Use Permit
REQUEST: The Applicant is requesting a Conditional Use Permit (CUP) to allow a church use in the C-2
General Commercial zoning district, The Land Development Code, Section 122-224 requires a
Conditional Use Permit. The subject property is located in the South Lake Plaza, a multi -tenant shopping
center with retail, office, restaurants and other commercial use.
The Applicant was not present. Vice Chairman Colby entertained a motion to table to the next meeting.
Motion was made by Commissioner Entsuah to table Resolution No. 2019-22R to the next meeting.
Motion seconded by Commissioner Santos. All voted in favor, vote passed 6-0.
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ITEM 5 - Ordinance No. 2019-38 Amendment to the Land Development Code, Chapter 122, Section 122-
358
Planning Manager, John Kruse, presented the staff report. The staff initiated update to Chapter 122
Zoning, Section 122-358; Affordable Housing Density Bonus will amend Ordinance No. 2018-30 to
provide the intent and qualifying criteria standards and regulations for affordable housing bonus density
units in certain areas. It is the intent of the City to provide opportunities for greater availability of
affordable housing inventory. The purpose of the Ordinance is to encourage affordable and mixed
income housing opportunities where it may not otherwise be provided by the private marketplace. The
Ordinance will determine the percentage of bonus units required to be set aside for affordable housing
based on qualifying criteria for each project. The major change is that affordability is calculated by the
actual family income, adjusted for family size then divided by 12 months to determine monthly income
and multiplied by 30% is the affordable rent range. The previous Ordinance did not take into account
family size or bedroom count. The Ordinance will also define the household income limits as calculated
in the relation to the Area Media Income (AMI) with adjustments for family size and housing cost to
income relationship. Affordability shall be determined on an annual basis as defined each year by the
U.S. Department of Housing and Urban Development (HUD) for the City of Clermont, which is in the
Orlando, Kissimmee Sanford MSA (Metropolitan Statistical Area). Staff recommends approval of
Ordinance No. 2019-38.
Vice Chairman opened the floor to the audience. There was no one in the audience to speak and Vice
Chairman Colby returned it to the Board.
Commissioner Murry stated that affordable housing is much needed in Clermont and asked for
clarification of what is currently in place versus this new structure. Planning Manager, Kruse explained
how the process works. If there's a three -person household, which would be a two -bedroom unit, they
would be at 50% of the area median income, the upper limit of that is $31,250.00, they could not make
more than this amount. If the income were $28,500.00, that is divided by 12 months, which is
$2,375.00, then 30% of that amount would go towards rent which would make the rent $712.50 per
month. Using 80 percent of the area median income, the cap would be $49,950.00; for a three -person
household, with an income of $45,000, the monthly rent would be $1,125.00. Staff looked at the area
rents to do a comparison. For example, at the Addison, the monthly rent for a two -bedroom, two bath
is $1,500 up to $1,750; the Vineyards is comparable; the Lofts is $1,639 - $1,709 and the Sundance is
$1,341— to $1,617.00 for the same size apartment. This new formula makes a big difference in the
rental amount and definitely creates the affordability that is well needed as the rent would be $712
versus $1,496.
Commissioner Murry stated that even with this proposed revised formula, it's still not affordable based
on some of the low incomes that people in the area make. Planning Manager Kruse stated that if we
use the extreme low level of $21,330 divided by 12, times 30%, that would be $533.25. It's up to the
developer to decide which one they're going to apply for regarding the bonus density. In the previous
Ordinance, it was not tied to the number of people in the family and the bedroom count. There is
someone interested in doing a project and when the City looked at the numbers, it became apparent
that these changes needed to be made.
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Commissioner Hubbard asked what percentage of the units have to be affordable. Planning Manager,
Kruse explained that if we use the extremely low income, it's 10 percent of the bonus units. If there are
eighty bonus units, eight of them would be at the extremely low income level. If we use the very low
income, then it would be 15 percent. And at the low income, it would be 20 percent. In the Ordinance,
the percentages vary based on location. Along the Hooks street area, we use these percentages, and in
the Wellness Way area, the percentages are slighter different. It's based on what is presented to us.
The application would be screened and the developer would tell us what units they are proposing and
what income levels, and we would review it to move forward with the project.
Commissioner Entsuah asked about the possibility of price gouging. Planning Manager Kruse said it all
depends on market demands and market rates. If a developer has 10 acres, they're allowed twelve
units per acre so they would be allowed 120 units potentially without any affordability index. If they did
the affordability component, there would be eighty bonus density units. Using the extremely low
income criteria, they would have to set aside eight units. The very low income, they would have to set
aside 12 units, and the low income they would have to set aside 16 units. They get a base pursuant to
the current code, this revision gives them the ability to have a higher density, but they still have to set
aside a portion of the units.
Vice Chairman Colby made a motion to approve Ordinance No. 2019-38. Motion was seconded by
Commissioner Hubbard. All voted in favor. Vote passed 6-0.
Meeting was adjourned at 6:52 P.M.
David Colby, Vice Chairman
ATTEST:
John E. Kruse, Planning Manager
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