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Minutes - 09.06.2022 - Planning & Zoning CommissionCity of Clermont MINUTES PLANNING AND ZONING COMMISSION September 6, 2022 Chairman Krzyminski called the meeting of the Planning & Zoning Commission to order on Tuesday, September 6, 2022 at 6:30 p.m. Members present were: Chairman Max Krzyminski, Lavonte Rogers, Vincent Niemiec, Michael Gonzalez, and Jane McAllister. 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 August 2, 2022 minutes of the Planning & Zoning Commission as amended made by Commissioner McAllister; seconded by Commissioner Rogers. Passed unanimously. REPORTS FROM THE COMMISSION: There were no reports. NEW BUSINESS Item #1: Ordinance No. 2022-011— Chicone Rezoning Planning Manager John Kruse presented as follows: The applicant, VHB, is requesting a rezoning to a Planned Unit Development. The applicant is requesting up to 952 dwelling units and up to 198,000 square feet of non-residential use. The property is within the Wellness Way Area Plan. The subject site is 304 +/- acres in size. The property has historically been used for agricultural purposes. The applicant has four pending requests before the City of Clermont. These include: (1) Utility Agreement, (2) Annexation, (3) Comprehensive Plan Amendment, and (4) Rezoning to a Planned Unit Development (PUD). The project was reviewed under the recently adopted Wellness Way Comprehensive Plan Goal, Objectives and Policies. The project was originally allocated 711 dwelling units under the existing Wellness Way Area Plan in Lake County. The applicant will be donating 49.8 acres (Segment C) towards the right-of-way for the Wellness Way Road Network at no cost to Lake County. The applicant will receive two dwelling units per acre for the donation of right-of-way under Policy 2.9.1. This results in an increase of 99 dwelling units. The developer will be responsible for all costs and extensions of utilities to the project as well. The applicant will also be required to construct Wellness Way Boulevard (Segment C) from the Wellness Ridge Development (Lennar) to the Orange County line. This connection will offer an east -west connection into Orange County and this roadway will offer an alternative to Hartwood Marsh Road. In addition, the applicant will be entering into a community benefit agreement for offsite improvements. Under Policy 2.3.2, the applicant can receive up to a 20% increase in density over the original Wellness Way Area Plan designation. The applicant has agreed to contribute $15,000 per dwelling unit at 142 additional units for a total of $2,130,000 to be used for offsite Page - i improvements designated by the City of Clermont. The community benefit agreement will memorialize the terms and conditions of the contribution. With the addition of the right-of-way increase of 99 units and 142 units under the community benefit agreement, the total dwelling unit count will be capped at 952 dwelling units. The PUD Site Plan, prepared by VHB dated August 24, 2022, was also reviewed under the recently adopted Wellness Way Guidelines and Standards. The property has a designation of Wellness Way Neighborhood District. Under this designation, the property will be required to have a minimum of 5% of the net useable land for Center uses, 65% for Residential uses, and 30% for Open Space. This equates to approximately 15 acres of Center uses, 197 acres for Residential uses and 91 acres of Open Space. Below is a Conceptual Lotting Plan showing the general layout of the project. Under 2.1.1 (c) Neighborhood District Development Standards, the table indicates the minimum standards for Single-family Detached and Single-family Attached product types. The proposed lot configuration meets the development standards required for the Neighborhood District. At the time of drafting this staff report, one issue remains to be resolved. The project requires 30% open space (20% Wellness Space and 10% Green Space). The application is 6 acres shy of meeting the Green Space requirement. While the 6 acres has been identified, it currently does not meet the public access requirement. The applicant is working to resolve this matter prior to the Planning and Zoning Commission meeting. The staff will report on the status of this matter at the upcoming P & Z hearing. The project's Open Space is required to meet Section 4 of the Wellness Way Guidelines and Standards for Open Space and Parks. Part of the review was to verify if the project had Close -to - Home park amenities. Close -to -Home parks are intended to serve day-to-day park needs, provide for the spatial organization of the community, and link homes, offices, and workplaces with outdoor spaces. Each park amenity less than one acre has a maximum service area of 400 feet. Park amenities greater than one acre have an increased distance. On Sheet C-9, Park Plan of the Chicone PUD Plan, it is demonstrated through the park service area boundary that the proposed amenities will meet the requirements of Close -to -Home parks. These parks are owned and maintained by an HOA or other non -City entity. Staff has reviewed the application and proposed project in regards to Section 122-315 Review Criteria for a Planned Unit Development. The proposed project is in conformance with the Neighborhood Future Land Use of the Wellness Way Goal, Objectives and Policies in the City's Comprehensive Plan. The project meets the requirements of the Wellness Way Guidelines and Standards in the City's Land Development Code. The project has the necessary percentages of Center, Residential, and Open Space incorporated into the project. The property, with the developer's construction of Wellness Way Boulevard, will have access to a major road network. The City's water and sewer service will be required in order to develop the property and capacity is available to serve the project. These utilities shall be installed at the developer's expense. School concurrency shall be met as a requirement prior to site plan approval. The developer is offering a community benefit agreement for offsite improvements that will be used by the City for public facilities within the Wellness Way area. The project will have the mix of uses and residential types that are envisioned in the Wellness Way Area and is in conformance of the code. Staff is able to support the request and recommends approval of Ordinance 2022-011. Page - 2 Erika Hughes, with VHB, 225 E. Robinson Street, Orlando, presented the plans for the Chicone property. Commissioner Gonzalez asked when they plan to begin the project. Ms. Hughes stated that construction would begin in 2023 along with the improvements of Wellness Way Boulevard. Aaron Struckmeyer, Pulte Homes, 4901 Vineland Road, Orlando, stated that they are working through the design phase and hope to begin construction in the first quarter of 2023. He stated that it would be approximately 12 months to begin building model homes. He stated it would depend on supply accessibility. Commissioner Niemiec asked where the road on segment C goes. Mr. Kruse stated that it would run into New Independence Parkway. Chairman Krzyminski asked about the traffic study. Mr. Kruse stated that CR 455 will be modeled since the roads are not currently there and they will need to add the roads to the plans. Chairman Krzyminski asked who would be responsible for the red light should one be required. Mr. Kruse stated that would be determined through Lake County with the proportionate fair share. Ms. Hughes thanked staff for working with them on this project. Action: MOTION TO APPROVE Ordinance No. 2022-011 made by Commissioner McAllister, seconded by Commissioner Niemiec. Motion passed unanimously, 5-0. Item #2: Ordinance No. 2022-032 — The Vue Rezoning Planning Manager John Kruse presented as follows: The applicant is requesting a PUD amendment to develop on Lots 7 through 13. An updated site plan prepared by Highland Engineering shows the project consisting of seven (7) commercial lots along SR 50 and one larger lot for the multi -family use. The updated site plan consists of eight lots total. The multi -family project will be constructed on the former lots 7 through 13, with the retaining wall shifting a bit to the north to assist in grading and parking of the multi- family project. This change reduced the retaining wall height from 13 feet to 10 feet and removed the ability of having one commercial retailer greater than 20,000 square feet within the project on lots 1-4 and 6-8. The retaining wall will be terraced with landscaping to break up the hardscape. Page - 3 Several waivers that were previously approved under Ordinance 2017-24 are still applicable to develop the site and the applicant is not requesting any additional waivers or increases in the current approved waivers. The multi -family project will consist of four-story split buildings to transition the grade with three-story on the upper half and four-story on the lower half. The apartment buildings will have elevators for the residents. The overall project area is 30.90 acres. The multi -family proposal will consist of 289 total units on 24.13 acres, which is a density of 11.98 dwelling units per acre. The remaining acreage adjacent to SR 50 will be developed as C-2 General Commercial uses. The waivers previously approved under Ordinance 2017-24 and still being valid in this amendment include: Elevation changes of up to 28 feet in height over the project site through the use of cut and up to 19 feet of fill. Retaining wall heights up to 13 feet in height are allowed to deal with the extreme grades on the site. This will be reduced to 10 feet. Parking space dimensions shall be allowed at a minimum nine feet wide by 18 feet deep for 30 percent of the parking requirements. A reduced landscape buffer along Highway 50 is requested due to the presence of a large berm. The landscape buffer shall be a minimum of 10 feet in width and shall have the 30 percent more landscape required for Multi -family and C-2 uses. Shopping center signs shall be allowed to extend 15 feet above the adjacent D.O.T berm (the D.O.T. berm varies in height depending on location.) Access to the multi -family portion will be from two access points from Hooks Street. There will be no interconnectivity between the commercial use and multi -family use due to the elevation change. The access points on Hooks Street are existing and the applicant intends to use these points for ingress and egress. The applicant has submitted the required traffic study and the City's transportation consultant has concurred with the proposed recommendations for improvements. Project access improvements (turn lanes) will be warranted at the SR 50 connections and a possible proportionate fair share payment to provide widening towards the Hancock Road corridor between SR 50 and Hartwood Marsh Road may be expected. The proportionate fair share will be discussed and coordinated between the applicant and Lake County prior to site plan approval. The applicant has provided an amenity package that was reviewed using the recently adopted Wellness Way Close -to -Home Parks analysis within Section 4.2 of the Wellness Way Design Guidelines. The project is not within the Wellness Way Area Plan, but the applicant offered to provide these types of park amenities. The Close -to -Home Park service area is required within 400 feet of all residential uses. Amenities within this distance ensures they are walkable and provide for a sustainable neighborhood. The applicant has provided an amenity type within the 400-foot distance within each residential building, as shown in the graphic below. The details of the amenities are contained in Attachment A of the PUD. There is also a condition that has been added to the PUD to ensure development of these amenities. Page - 4 Staff has reviewed the submitted proposal and the updated site plan. The proposed multi -family use on parcels 7-13 is allowable under the Commercial Future Land Use with a conditional use permit or through a planned unit development (PUD). The maximum density is 12 dwelling units per acre and the applicant is not exceeding this density. The commercial use along SR 50 is the highest and best use along this arterial roadway and the multi -family allows a transition to the single-family residential further to the south. The project is within walking distance to East Ridge Middle School and East Ridge High School, which would serve the project. The applicant has provided amenities that exceed current standards. Staff has reviewed the application and proposed project in regards to Section 122-315 Review Criteria for a Planned Unit Development. The location is suitable for multi -family use since the future land use of Commercial allows this type of land use. The property has access to major road networks. The City's water and sewer service will be required in order to develop the property and capacity is available to serve the multi -family project. The project is located within walking distance of the assigned high school and middle school. School concurrency shall be met as a requirement prior to site plan approval. The western portion of this project was identified in the City's "Strategic Economic Development Plan" as having topography challenges that make development difficult. The applicant has reduced the retaining wall height request from 13 feet to 10 feet by working with the extensive grade on the site. In addition, the applicant intends to offset some of the grading through the construction of split-level buildings. Staff is able to support the request and recommends approval of Ordinance 2022-032. Jimmy Crawford, 702 W. Montrose St., stated that he is representing the owner of the property. He stated that they saw a similar project back in December, which was denied. He stated that they made some significant changes to the plan. He stated that they removed the multi -family portion that was on the southern parcel of Hooks Street. He stated that they limited the internal retaining walls to ten feet and there will not be any retaining walls along Hooks Street above six feet. He stated that they limited the area of the cut and fill. He stated that they reduced the fill limit from 28 feet to 19 feet. He stated that they were able to work with staff and receive a recommendation of approval. Commissioner Niemiec asked what the maximum height of the building. Mr. Kruse stated it would be 55 feet. Commissioner Niemiec asked about page 52 of the traffic study stating Hancock Road is operating above service and should be widened to four lanes Mr. Crawford stated that you cannot charge the new development for a segment or intersection that is already failing. He stated that they would be probably have to pay into a proportionate fair share for both schools and roads. Commissioner Gonzalez asked how many units were included in the previous proposal. Mr. Crawford stated that the northern portion had less units but when they lost the southern parcel that was included in the previous proposal, they added the number of units that were included in the original proposal. Page - 5 Commissioner McAllister asked about trash the pickup. Ryan Studzinski 2601 W. Horatio Street, Tampa, stated that there will be a stand-alone compactor on the property and they will offer valet trash service. Chairman Krzyminski asked what zoning would allow auto part stores. Mr. Kruse stated that C-2 General Commercial allows auto part stores but anything more substantial such as auto sales, would have to come back before the Commission with a Conditional Use Permit. Action: MOTION TO APPROVE Ordinance No. 2022-032 made by Commissioner Rogers, seconded by Commissioner Gonzalez. Passed unanimously, 5-0. Item #3: Ordinance No. 2022-035 —111 Apartments Comprehensive Plan Amendment Item #4: Ordinance No. 2022-036 —111 Apartments Rezoning Senior Planner Regina McGruder presented as follows: This is a Staff initiated request for approval of a small-scale comprehensive plan amendment to change the future land use from Lake County Urban High Density to Clermont High Density Residential and a request to rezone the property from Lake County Planned Unit Development (PUD) to Clermont PUD. The City is requesting annexation of the subject property as authorized by the Utility Agreement with the property owner. The Notice of Encumbrance to annex was executed on September 24, 2019. The subject parcel is located north of State Road 50 and east of County Road 455, adjacent to the CarMax Dealership, is approximately 22 +/- Acres. Lake County has approved to allow for the construction of a 296-multifamily housing project for the site, which is currently under construction. The City of Clermont has the capacity and will be providing water and sewer services for the development. The City will annex the property as approved with Lake County. The proposed High Density Residential Land Use allows up to the maximum of 12 units per acre, which is consistent with the intent of the Clermont Comprehensive Plan goals, objectives and policies. The property will also be rezoned from Lake County Planned Unit Development (PUD) to Clermont Planned Unit Development (PUD) zoning classification. Staff recommends approval of Ordinance No. 2022-035, to change the Future Land Use Designation and approval of Ordinance No. 2022-036 rezoning the property to PUD. Action: MOTION TO APPROVE Ordinance No. 2022-035 made by Commissioner Rogers, seconded by Commissioner Niemiec. Passed unanimously, 5-0. Action: MOTION TO RECOMMEND TABLE Ordinance No. 2022-036 made by Commissioner McAllister; seconded by Commissioner Gonzalez. Passed unanimously 5- 0. Page - 6 Item #5: Ordinance No. 2022-037 — LDC Amendment - Murals Development Services Director Curt Henschel presented as follows: City staff is proposing a sign code change regarding murals. This proposed change will remove the existing condition within the ordinance that requires final approval by city council. No other rules and regulations will be affected. Applicants will still be required to submit application documents for approval by city staff. Commissioner McAllister asked what staff would be approving. Mr. Henschel stated that staff would approve the artwork. Commissioner Niemiec stated that he thought City Council wanted to approve the murals. City Attorney Dan Mantzaris stated that when this was originally presented to City Council they wanted to make the approvals due to it being a new program. He stated that this program has been in place for over a year now. Chairman Krzyininski asked if in the advent that someone would like to contest an approval made by staff. Mr. Mantzaris stated that there is an appeal process should someone oppose a mural that was approved by staff. Mr. Henschel stated that murals are meant to have pictures and not a lot of words. Action: MOTION TO RECOMMEND TABLE Ordinance No. 2022-037 made by Commissioner Niemiec; seconded by Commissioner Rogers. Passed unanimously, 5-0. Item #6: Ordinance 2022-040 — Lakeview Preserve Comprehensive Plan Amendment Item #7: Ordinance 2022-041— Lakeview Preserve Rezoning Senior Planner Regina McGruder presented as follows: This is a staff initiated request for approval of a small-scale comprehensive plan amendment to change the future land use from Lake County Wellness Way North to Clermont Low Density Residential designation. The City is requesting annexation of the subject property as authorized by the Utility Agreement with the property owner. The Notice of Encumbrance to annex was executed on March 9, 2021. The subject parcel is located north of Hartwood Marsh Road and East of the Clermont Boundaries and is approximately 40.04 +/- Acres. Lake County has approved to allow for the development of 78 single-family residential homes on the site, which is currently under construction. The City of Clermont has the capacity and will be providing water and sewer services for the development. The City will annex the property as approved by Lake County. The proposed Low Density Residential Land Use designation allows up to the maximum of three (3) units per acre, which is consistent with the intent of the Comprehensive Plan goals, objectives and policies. The property will also be rezoned from Lake County Planned Page - 7 Unit Development (PUD) to Clermont Planned Unit Development (PUD) zoning classification. Staff recommends approval of the future land use change with Ordinance 2022- 040 and the rezoning with Ordinance No. 2022-041. Commissioner Rogers asked what the maximum number of homes approved for the subdivision. Ms. McGruder stated that they would look to see what was approved through Lake County. Commissioner Niemiec asked how emergency vehicles would access the subdivision. Ms. McGruder stated that the emergency vehicles would have to come through the existing portion of the subdivision. Commissioner Niemiec asked about Eddy Road. Mr. Kruse stated that there would be two gates due to an easement between the existing subdivision and phase three of the subdivision that is owned by the Lake County Water Authority. He stated that there is an emergency access on the west side of the development on phase one. He stated that they were approved for 323 units for phase one and two. Commissioner Gonzalez asked about impact fees for phase one and two. Mr. Kruse stated that the impact fees for phases one and two were paid to the City of Clermont. He stated the City was not interested in bringing in phase three at that time due to it not being adjacent to the City limits. He stated that the City has to service them since they are in our utility area so that is why it is being brought into the City limits now. He stated that once they start pulling permits the impact fees for phase three will be paid to the City of Clermont. Commissioner McAllister stated she is glad to see the City bring in the properties that the City is servicing before they are being built on. Chairman Krzyminski asked if any other subdivisions in the City that have a double gate. Mr. Kruse stated that he cannot think of any other subdivisions designed with double gates. Action: MOTION TO RECOMMEND APPROVAL Ordinance No. 2022-040 made by Commissioner Gonzalez, seconded by Commissioner McAllister. Passed unanimously, 5- 0. Action: MOTION TO RECOMMEND APPROVAL Ordinance No. 2022-041 made by Commissioner McAllister, seconded by Commissioner Gonzalez. Passed unanimously, 5- 0. Item #8: Ordinance No. 2022-042 — Clermont Hills Apartments Rezoning Planning Manager John Kruse presented as follows: Page - 8 The applicant is requesting an amendment to the current PUD Ordinance 2021-015 to add approximately 9 acres to the existing apartment project. The property is located adjacent to East Ridge Middle School and is currently vacant. With the addition of this parcel, the overall project will be 26 +/- acres. The applicant is requesting to construct 312 units, which is at a density of 12 dwelling units per acre. The previous project was approximately 17 acres and was approved for 204 units. The future land use of Residential/Office permits multifamily up to 12 dwelling units per acre and office uses at a floor area ratio of 0.25. Several conditions were placed in the PUD approval as an outcome of a special magistrate hearing that will continue to be in the amended project. The site shall be constructed in substantial accordance of the submitted conceptual site plan dated August 24, 2022 prepared by VHB, Inc. With the addition of this parcel, the site plan has been reconfigured. Previously, there was an access off Excalibur Road along with access off Hooks Street. The new plan has removed the access point off Excalibur Road and the primary access point will be provided from Hooks Street. An exclusive left turn lane will be constructed on Hooks Street to serve the primary access point. If required by Lake County, the developer shall participate in proportionate share mitigation for improvements to two roadway segments that are over capacity — SR 50 from Hancock Road to CR 455 and Hancock Road from Hooks Street to Johns Lake Road. A secured emergency access point shall be off Excalibur Road and will only be used by emergency personnel in emergencies. The applicant received one waiver for cut/fill for the previous project site that exceeds the Land Development Code, which is 10 feet for residential projects. The grading plan shows the area on the site that will have more than 10 feet of cut/fill. The maximum cut/fill will be up to 13 feet. The area is approximately 10% of the site. This waiver is not being requested on the additional acreage and the applicant can meet the code for developing this portion of the site. The project will also be gated and the internal roadway will be privately owned and maintained. Majority of the previous conditions contained in ordinance 2021-015 will be retained in this amendment with the exclusion of conditions that dealt with Excalibur Road. The apartment buildings will be a maximum of three -stories. The applicant has provided additional amenities and more open space is provided compared to the previous project. The amenity package was reviewed using the recently adopted Wellness Way Close -to -Home Parks analysis within Section 4.2 of the Wellness Way Design Guidelines. The project is not within the Wellness Way Area Plan, but the applicant offered to provide these types of park amenities. The Close -to -Home Park service area is required within 400 feet of all residential uses. Amenities within this distance ensures they are walkable and provide for a sustainable neighborhood. The applicant has provided an amenity type within the 400-foot distance within each residential building except for building 14, as shown in the graphic below. There is also a condition that has been added to the PUD to ensure development of these amenities. Staff has reviewed the submitted proposal and the conceptual site plan. The proposed multi- family is allowable under the Residential/Office Future Land Use with a conditional use permit or through a planned unit development (PUD). The maximum density is 12 dwelling units per Page - 9 acre and the applicant is not exceeding this density. The project is within walking distance to East Ridge Middle School and East Ridge High School, which would serve the project. The primary access point has been moved to Hooks Street and the connection to Excalibur Road has been eliminated. The applicant has provided amenities that exceed current standards and more open space is provided. Staff has reviewed the application and proposed project in regards to Section 122-315 Review Criteria for a Planned Unit Development. The location is suitable for multi -family use since the future land use of Residential/Office allows this type of land use. The property has access to major road networks and the primary access point has been shifted from Excalibur Road to Hooks Street to minimize any concerns. The City's water and sewer service will be required in order to develop the property and capacity is available to serve the multi -family project. The project is located within walking distance of the assigned high school and middle school. School concurrency shall be met as a requirement prior to site plan approval. The proposed project, as presented in the conceptual plan, does preserve the natural topography of the site as much as possible and the previous cut/fill waiver for the project is not being requested on the additional acreage. The conceptual site plan has more open space than previously before and more amenities are being provided for the residents. Staff is able to support the request and recommends approval of Ordinance 2022-042. Tara Tedrow showed a presentation. She stated that it was a previously approved planned unit development. Jerrie Schuur, 13221 Paloma Road stated that she is not opposed to the project but was curious if they will be using Paloma Road, which is a dirt Lake County maintained road. Md. Tedrow stated that she provided Ms. Schuur her business card so that they can stay in contact with her. She stated that it is not meant for Paloma Road to be a full access road. Conunissioner Niemiec asked if that was a secondary emergency entrance. Ms. Tedrow stated that yes it is an emergency entrance, which is gated. She stated the Excalibur entrance has been removed. Commissioner Niemiec asked staff if two entrances are required. Mr. Kruse stated that the access from Paloma Road would be an entrance and exit for emergency only. Commissioner McAllister asked about trash collection. Ms. Tedrow stated it would be valet trash pickup. Chairman Krzyruinski stated that he would think a right in/right out on Excalibur would be needed. Ms. Tedrow stated that they used a different traffic consultant from the one The Vue used and the City's traffic consultant is a third consultant. They all came up with about the same number Page - 10 for capacity. She stated that the City's traffic consultant requested some changes to the methodology, which they did and results were sufficient to meet the requirements. Commissioner McAllister stated that between this project and The Vue, this is going to add a minimum of 600 vehicles on Clermont's roads. Commissioner Niemiec stated that he has left Lowe's at the time school is getting out and Hooks is backed -up past the only entrance in and out of Clermont Hills. Ms. Tedrow stated that her clients are open to have an off duty officer or equivalent there to monitor traffic at their cost. City Attorney Dan Mantzaris stated that it is a Planned Unit Development so they could put a condition stating that, however they meet the traffic standards. Chairman Krzyminski asked about the entrance being an issue. Mr. Kruse stated that there is a condition in the 2021 ordinance that the Excalibur entrance would be closed during peak school hours. Planning Director Curt Henschel stated that the entrance on Hooks Street east or west due to the location of the curb cut. Action: MOTION TO RECOMMEND APPROVAL Ordinance No. 2022-042 made by Commissioner McAllister with a right turn lane from Hooks Street, seconded by Commissioner Niemiec. Passed unanimously, 5-0. With no further comments, Chairman Krzyminski adjourned the meeting at 8:18 P.M. R Ar ATT EST: ��C�J Rae Chidlow, Planning Coordinator Page - 11