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Minutes - 07.05.2022 - Planning & ZoningCity of Clermont MINUTES PLANNING AND ZONING COMMISSION July 5, 2022 Chairman Krzyminski called the meeting of the Planning & Zoning Commission to order on Tuesday, July 5, 2022 at 6:30 p.m. Members present were: Chairman Max Krzyminski, Lavonte Rogers, David Colby, Michael Gonzalez, Chuck Seaver, and Jane McAllister. Commissioner Vincent Niemiec was not present. Also, present for City staff was City Attorney Dan Mantzaris, Curt Henschel, Planning Director, Planning Manager John Kruse, Senior Planner Regina McGruder, and Planning Coordinator Rae Chidlow. MINUTES: MOTION TO APPROVE the June 7, 2022 minutes of the Planning & Zoning Commission made by Commissioner McAllister; seconded by Commissioner Colby. Passed unanimously. REPORTS FROM THE COMMISSION: Commissioner Gonzalez stated that he went on a ride along with Clermont Police Department. He stated that he recommends anyone who has not done a ride along should do it. Chairman Krzyminski stated that he ran in the 5k held by the Police Department. He stated that July 4 was a good day down at waterfront. NEW BUSINESS Item #1: Resolution No. 2022-016R — APC Roofing Conditional Use Permit Applicant requested to table to August 2, 2022 Action: MOTION TO TABLE Resolution No. 2022-016R to August 2, 2022 made by Commissioner McAllister, seconded by Commissioner Colby. Passed unanimously, 6-0. Item #2: Ordinance No. 2022-025 — Lost Lake Assemblage CPA Item #3: Ordinance No. 2022-026 — Lost Lake Assemblage Rezoning Planning Manager John Kruse presented as follows: The applicant, Major Stacy, P.E., is requesting a Small -Scale Comprehensive Plan Amendment and a PUD rezoning for property being voluntary annexed into the city. The property, approximately 48 acres collectively, is located 3/ mile west of the intersection of Johns Lake Road and Hancock Road, north of Grace Community Church. The property has been historically has been used for agricultural uses with a transition to 5-acre agricultural/residential type use. The proposal is an assemblage of seven (7) properties consisting Page - 1 of 5 and 10-acre tracts combined together for the proposed low -density housing development. The applicant is requesting City services for the project, in which the City can fully serve. The property currently has a Lake County future land use designation of Urban Low Density. This future land use allows up to four dwelling units per acre. The applicant is requesting a change to City of Clermont Low Density Residential future land use, which allows up to three dwelling units per acre. This land use change would reduce the dwelling units by one unit per acre. The surrounding County land use is Urban Low Density and the City's is Master Planned Development and Low Density Residential. The existing developments adjacent to the project currently are: Greater Pines with a FLU of Lake County Urban Low at 1.84 dwelling units per acre, Southern Pines with a FLU of City of Clermont Low Density at 3.00 dwelling units per acre, and The Reserve at Lost Lake with a FLU of City of Clermont Master Planned Development at 1.88 dwelling units per acre. The requested Low Density Residential future land use would provide for an appropriate transition and would be compatible with existing densities and intensities in the area. The City's Low Density Residential future land use is the most compatible future land use for a residential project when transiting from Lake County Urban Low Density. Staff is able to support the requested change and recommends approval of the comprehensive plan amendment to City of Clermont Low Density Residential future land use. The property is currently in Lake County and consists of the following zoning designations: Agriculture (A), Ranchette Agriculture (RA), and Urban Residential (R-6). The applicant is requesting a PUD for 99 single-family lots with a density of 2.70 dwelling units per net acre. The property is adjacent to three existing single-family subdivisions: Greater Pines with a density at 1.84 dwelling units per acre, Southern Pines with a density at 3.00 dwelling units per acre, and The Reserve at Lost Lake with a density of 1.88 dwelling units per acre. The applicant has provided a conceptual site plan, dated 6-23-22, showing the layout and specifics of the subdivision. The applicant is requesting sixty (60) foot wide lots with a minimum lot area of 7,500 square feet. The setbacks will be twenty-five (25) feet front yard, twenty (20) feet rear yard and side yard will be five (5) feet. The subdivision entry point will be from Johns Lake Road with an emergency access from Lost Lake Road. The portion of Lost Lake Road that crosses within the subdivision shall be upgraded to City. standards. Lost Lake Road from Hancock to the site will be required to be graded, leveled, and stabilized to support fire and emergency access vehicles. The Traffic Impact Analysis (TIA) indicated the project shall have an eastbound left turn lane on Johns Lake Road at the project access point. In addition, the project will be responsible for a 1.7% proportionate share cost to the widening of Hancock Road from Hooks Street to Johns Lake Road. The applicant is requesting several waivers to the code in order to develop the subdivision. The waivers include: 1. Exceed 10 feet of grade modification (cut/fill) on lot area for up to 10% of the site. 2. Reduction in lot size and setbacks to accommodate the specific Ashton Woods homes. 3. Serve the project with the existing reclaimed water stub out in lieu of installing a main reclaimed water line. 4. Possible elimination of left turn lane due to existing utilities and limited right of way. Page - 2 5. Fifty (50) foot right-of-way dedication for the Lost Lake crossing and additional 25 feet dedicated to the east. 6. Any additional non -substantial waivers to accommodate the proposed development plan during the development review process. Staff has reviewed the project and many concerns were noted. The concerns were expressed to the applicant and with the requested PUD rezoning request; the applicant has the right to seek approval. The applicant has made a few changes from the initial proposal, such as increasing the lot width from fifty (50) feet to sixty (60) feet and increasing the internal right-of-way width to sixty (60) feet from fifty (50) feet. As to the applicant's request to rezone the property to Planned Unit Development, Council shall act, as it deems appropriate. If Council does not support the applicant's request, staff recommends the property be designated with a zoning of R-2 Medium Density Residential since this is very similar with the characteristics of the surrounding subdivisions. Major Stacy, Appian Engineering, 2221 Lee Road, Winter Park, stated that he is representing the applicant. He stated that a lot of work has been completed to work with the different municipalities. He stated that they increased the right of way to 60 feet from 50. He stated that the density is comparable to the surrounding area. Cecelia Bonifay, Akerman Law firm, stated she is also representing the applicant, Ashton Homes. She stated that when this project first started they met with Lake County and City of Clermont since the property is located in the Lake County jurisdiction, but is also in the JPA for Clermont. She stated that they started the process through Lake County and developed a plan that met the County acquirements. She stated that they met with the City Manager Brian Bulthius and was told they would need to annex into the City in order for the City to provide utilities. She stated that the roads have been an issue between the City and County. She stated that they will be vacating and improve the existing right of way to create a better entrance to the property that is currently being used, including for a current resident that is not part of this project. She stated that they agree to the turning lane the traffic consultant is requiring. She stated that they would also have to pay their proportionate share. MaryAnn Ringwood, 1808 Nature Cove Lane, stated that she is speaking of the city codes and adhering to the codes. She stated that the surrounding community's lot widths are 75 feet or higher. She stated that Bella Terra has 85 foot widths. She stated the three communities near this proposed project are within walking distance of three public schools. She stated that the project should be required to meet the rear and side yards setbacks. Ronald Monk, 14319 Johns Lake Road, asked about the easements. He stated there is a 10- foot easement that is deeded to him. He asked if the easement would remain. Pam Molesky, 1820 Nature Cove Lane, stated that her home backs up to this property. She stated that she does not agree with the smaller lot sizes. She has concerns about the wildlife and native plants. She stated that she would like the Native Plant Society to have an opportunity to save these plants. Page - 3 Richard Achor, 14324 Johns Lake Road, asked if the turning lane would encroach into the existing right-of-way. He stated that on the south side there is a drop off and on the north side there is a retaining wall. Tania Mora, 14205 Lost Lake Road, stated that she read that the trashcans would be moved to on the closed road. She stated that the closed road would end at the corner of her lot. She asked what they were going to do with the trashcans. She stated that the landscaping would be along her property and it would be a concern that the lots would end at her property line and she has big dogs. David Harmon, 14121 Lost Lake Road, stated he owns 10 acres to the west of this development. He stated that he has $60,000480,000 of private road that they are talking about vacating. He stated that Lost Lake Road should be required to be completed prior to developing so that not all the traffic goes to Johns Lake Road. Ms. Bonifay stated that she has worked with Mary Ann and her HOA in the past. She stated that their original plan was to get zoning through the County; however, the City Manager put a stop to that. She stated that the variances are also within the City's code. She stated she was told that the City could work with 60' lot widths rather than the 50' lots that are allowed in the County. She stated that this consists of seven different property owners with varying land uses and zoning trying to bring a unified development to this area. She stated that in reference to the request of the extension of the improvement of Lost Lake Road. She stated that these decisions are made with the County and Cities. Ayman As-Saidi, Traffic and Mobility Consultant, 3101 Maguire Boulevard, Orlando, stated that his firm was hired to do the traffic analysis and they follow Lake -Sumter County MPOs guidelines. He stated that there is a methodology process, which is the basis of the traffic study. He stated that the City's traffic consultant then reviews it. He stated that they have addressed all the comments from the City's consultant. Mr. Stacy stated that that there is quite a bit of fiber and utilities in the turn lane area and they will need to look at that from an engineering perspective. He commented pertaining to the comment that they chose the number of units based on the trips for the traffic study and that his original plan was for 120 units so that was not case. He stated that one of the comments of the 10' easement is on the southern portion; it will become a 25 foot of right-of-way to the public in addition to the 10-foot landscape buffer on the southern area. He stated they are also providing a 50 foot of right-of-way with a 10 foot landscape buffer which gets larger on the west side. He stated there would be a 60-foot easement coming through the project. Ms. Bonifay stated that she does not know where the resident got the information pertaining to the trashcans. She stated that they are providing a legal access to their properties. She stated that the County and City's requirements bind them. She stated that they are required to provide all the environment studies that are required that includes species. She stated they would have to meet Fish and Wildlife and St. John's Water Management District requirements as well. Page - 4 Tina Lee, 1064 Greenwood Blvd, Lake Mary, stated that there is either a right-of-way of 30 feet reserved for road or 15 feet depending on where you were on the edges of the plat. She stated that the road that runs from Lost Lake Road to Johns Lake Road there is an area designated for a road. She stated that they are providing more right-of-way than what is required along Lost Lake Road for when the road is built along the southern boundary. Ms. Bonifay stated that this is an old postal plat that goes back to the early 1900's. She stated that there is no dedication on the old plats like there is on the newer plats. She stated that no one who has legal access today would lose their legal access. Ms. Lee stated that the road that Mr. Monk already uses currently is on his parcel and not part of the development parcel so his portion of the road will not be impacted. Commissioner Gonzalez asked about the easement on the west. Ms. Lee stated the easement on the west would go away. She stated that there will be a paved right of way to come out and go down to Johns Lake Road or they can continue straight down Lost Lake Road to Hancock. Commissioner Seaver asked about the questions about right of ways being vacated. Ms. Bonifay stated that if the right of ways were within the area that Ashton Homes is purchasing then they would vacate during the plat phase through the City. Commissioner Seaver asked that if that could be a decision made by City Council. City Attorney Dan Mantzaris stated that it could be a decision made by City Council but not under the process of the applications that are before them now. Ms. Bonifay stated that when they plat a property it depends on the jurisdiction as to who would approve the plat and the roads as to whether they are public or private roads. Commissioner Seaver asked what the next step for the audience as to how they are affected by right of ways. Mr. Mantzaris stated that the platting process would not be before City Council for a while. He stated that a portion of the property involved in this application appears to have title exceptions. Ms. Bonifay stated that Ashton Homes would not move forward until the title exceptions are resolved. She stated that the title company would not insure that unless these people are provided appropriate legal access. Commissioner McAllister stated that the ordinance states the minimum lot size will be 7500 square feet, yet they are requesting a waiver to reduce the lot size. Ms. Bonifay stated that they are meeting the minimum lot square footage. Page - 5 Ms. Lee stated that the lots meet the 7500 square feet requirement. She stated they are requesting the lot width to be reduce to 60 foot wide. Commissioner McAllister asked about them using existing stub outs rather than installing main and reclaim water. Mr. Stacy stated that there is a 6-inch reclaim line onsite and they are extending the reclaim on their property. He stated they are not extending offsite but they will increasing the size of the line to 12 inch as the line comes down and east. Commissioner McAllister asked why they are requesting a Planned Unit Development rather than straight zoning of R-2 Medium Density zoning. Mr. Stacy stated that they are discussing lot size as well as cut and fill that is included in the Planned Unit Development. Commissioner Gonzalez asked about comparable lot widths of the surrounding subdivisions in the area. Mr. Stacy stated that he is not sure what the lot widths are of the surrounding subdivisions, but the density is comparable. He stated that the proposal is coming in at 2.65 units per acre. He stated that he less dense of the neighborhood to the southeast and a little denser than the neighborhoods to the west and northeast. Ms. Lee stated that the lot sizes are comparable, but they are a little more narrow and depth. Mr. Mantzaris stated that Commissioner Gonzalez is asking if any of the surrounding neighborhoods have 60-foot lots. Ms. Bonifay stated that what they are going by is the density. She stated that when they approached the City this is the density the City suggested they wanted. Commissioner Colby asked about Lost Lake Road to the west of the 60-foot right-of-way that will be coming in from Johns Lake Road. Mr. Stacy stated that portion of Lost Lake Road would be 50-foot right -of way with a 10-foot buffer on either side of the road. Commissioner Colby asked about the waiver for the elimination of left turn lane. Mr. Stacy stated that there are many utilities in the area so that geometry he still has not designed. Chairman Krzyminski asked where the County residents go to get the answers pertaining to their trash pick-up. Mr. Kruse stated that they would need to reach out to Lake County Solid Waste. Page - 6 Chairman Krzyminski asked about the amenities and preservation of green space. Ms. Bonifay stated that amenities have been included as well as access to the lake. Ms. Lee stated that majority of the land is timberland such as pine trees. She stated that the pine trees would be coming down. She stated that there would be green space. She stated that there is $1.5 million in mitigation plus $100,000 for the crop share. She stated that the lakefront will not be built on but would have amenities such as pavilions, barbeques, and trails. Commissioner Seaver asked if Lost Lake Road would be paved. Mr. Kruse stated that only the portion between the western and eastern boundaries of the subdivision. Commissioner Seaver asked about access off Hancock Road. Mr. Kruse stated that people could come down Lost Lake Road from Hancock Road. Action: MOTION TO RECOMMEND APPROVAL Ordinance No. 2022-025 made by Commissioner McAllister; seconded by Commissioner Gonzalez. Passed 5-1 with Commissioner Rogers opposing. Action: MOTION TO RECOMMEND APPROVAL Ordinance No. 2022-026 with Staffs recommendation of R-2 Medium Density zoning with no waivers made by Commissioner Gonzalez; seconded by Commissioner McAllister. Passed unanimously, 6-0. Item #6: Resolution 2022-021R Senninger Irrigation Conditional Use Permit Planning Manager John Kruse presented as follows: The owner, Senninger Irrigation, Inc., is requesting a conditional use permit for a building addition at their current location. The property, 19 +/- acres, is located at 13505 Granville Avenue and was acquired by Senninger Irrigation in 1991. The site has been historically used for irrigation manufacturing and distribution with the development of several buildings on the site over the years. The City annexed the property in 2015 and designated the Industrial Future Land Use and a zoning district of Industrial (M-1). The existing buildings were constructed prior to annexation into the City; therefore, a conditional use permit was not required. The proposed 123,000 +/- square foot building addition under the existing M-1 Industrial zoning district would require a conditional use permit at this time since they are in the City. The existing building square footage of the overall site is approximately 135,311 square feet. The proposed addition of 122,880 square feet for administrative office, manufacturing and warehouse use would bring the total gross floor area to 258,191 square feet for the 19-acre site. The proposed development would also include 10 truck -loading doors, truck loading/unloading area, Page - 7 vehicular circulation drive aisle, and other site improvements. The expansion is expected to increase the number of new employees by 16. The majority of the building will be used for manufacturing and warehousing. As part of the conditional use permit, a condition has been added that the Hooks Street Extension right-of-way be dedicated without compensation. The City and Lake County have been working with property owners along this corridor for many years to secure the necessary right-of-way to construct the Hooks Street extension. Majority of the properties along this corridor have either made the commitment to dedicate right-of-way for Hooks Street and/or construct a segment of Hooks Street. The completion of this extension is critical to assist with the East-West traffic flow in order to provide relief on SR 50. The applicant would benefit with this improvement by providing traffic movements to a signalized intersection. Staff has reviewed the application for the proposed project in regards to Section 86-144, Review Criteria for a Conditional Use Permit. The proposed use is consistent to the existing and previous development patterns and character of the surrounding areas. The use will not be detrimental to the health, safety and general welfare of the community. The Conditional Use Permit will not be in conflict to the Clermont Comprehensive Plan goals, objective and policies for Industrial land use. The property has access to major road networks, especially with the future construction of Hooks Street, and will be required to comply with all Land Development Regulations for development. Staff recommends approval of Resolution 2022-021 R. Cecelia Bonifay, Akerman Law Firm, stated that the only purpose of the conditional use permit is due to the size of the building. Cas Suvongse, S K Consortium, 1053 N. Orlando Ave., representing Senninger Irrigation stated that they are just asking to expand the facility. He stated the use would remain the same. He stated that there is parking on the east side of the facility. He stated the building addition will be added to the south and they will improve the west side of the facility. Cecelia Bonifay stated that this is a straightforward Conditional Use Permit. She stated that Senninger Irrigation began as a locally owned business that has been acquired and now they are an international business. She stated that they have chosen to keep their headquarters here in Clermont. She stated that they are asking for the approval of the conditional use permit with the understanding that Senninger Irrigation will continue to work with Lake County separately pertaining the Hooks Street right of way. Commissioner Seaver asked if Hooks Street is a county road. Ms. Bonifay stated that it is a county road. Chairman Krzyminski stated that he saw the anticipated completion date for the Hooks Street extension is December 2023. Mr. Kruse stated that it is best to reach out to Lake County for an update. Chairman Krzyminski asked about the addition of employees. Page - 8 Scott Skeen, 13505 Granville Avenue, stated that they would be adding operator, handler, and engineer positions. Action: MOTION TO RECOMMEND APPROVAL Resolution No. 2022-021R made by Commissioner Colby, seconded by Commissioner Rogers. Passed unanimously, 6-0. With no further comments, Chairman Krzyminski adjourned the meeting at 8:44 P.M. ATTEST: -Q-Qu �" Rae Chidlow, Planning Coordinator Page - 9