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THE READINGmeeting record

City of Davenport Planning Commission — March 16, 2026

Meeting Overview

Type: Regular Meeting Quorum: Yes (4 of 5 members present) Duration: 25 minutes (6:30 PM – 6:55 PM)

Attendance

  • Present: Mayor Brynn Summerlin (chair); Vice-Mayor Jeremy Clark; Commissioners Tom Fellows, Donna Fellows-Coffey
  • Absent: Commissioner Linda Robinson (excused)
  • Staff Present: City Manager Kelly Callihan; City Attorney Elisabeth Crane; City Planner Raymond Perez

Agenda Items

Item 1: Ordinance No. 1442 — Pulte PUD Amendment (Short-Term Rental Community, ~1,050 Units)

  • Type: PUD Amendment (Amended Planned Unit Development)
  • Case Number: Ordinance No. 1442
  • Location: Parcel Nos. 27-26-25-000000-011000 (portion), 27-26-26-000000-011000 (portion), 27-26-23-000000-022000, 27-26-24-000000-022000 (portion), 27-26-25-000000-013000 (portion)
  • Applicant / Owner of record: Pulte Home Company, LLC — represented by Jessa Anderson, Pulte Homes (4901 Vineland Road, Suite 500, Orlando)
  • Request: Amend the existing City PUD to an Amended PUD to (a) add pools and (b) reduce the required setback from the pool water's edge to the property boundary below the current 10-ft standard, and (c) allow screen enclosures placed directly to the property line (vs. the 5-ft standard) because the homes are short-term rentals.
  • Current Zoning: City Planned Unit Development (PUD)
  • Proposed Zoning: City Amended Planned Unit Development (PUD)
  • Acreage: ~1,050 units planned (community scale)
  • Staff Recommendation: Approve (forward to City Commission)
  • Action: Recommended for approval
  • Vote: Unanimous (Clark moved, Fellows-Coffey seconded)
  • Conditions: None added at Planning Commission
  • Notable Discussion: This is the cycle's substantive item. Applicant Jessa Anderson confirmed the ~1,050-unit community is sold fee simple, primarily to investors who rent them out — not timeshares, but deed-restricted short-term rentals per a recorded Declaration of Restrictions (no mail delivery, no homestead exemption, the STR restriction runs with title). The setback reductions apply to townhomes only, not single-family homes; in tight conditions there would be 7 ft from property line to water's edge (14 ft between back-to-back pools) and 8 ft on the sides (16 ft between). Anderson admitted candidly "this was something that they hadn't placed in the initial PUD like they should have." Commissioner Fellows raised the strongest objection in the corpus from this board: he flagged that the property is in the city but utilities are serviced by the county, and said "with all the issues with water and every home and town home with a pool, he couldn't see how it was approved." He also warned against setting a precedent of amending setback requirements every time after the board had spent significant effort on the LDRs. Commissioner Fellows-Coffey countered on child-safety grounds — screen enclosures are a safety requirement, and while a proponent of green space, she was "a bigger proponent of child safety." The board approved unanimously despite Fellows' reservations.

Public Hearings Summary

  • Number of speakers: 2 (both raised concerns/questions on Ordinance 1442)
  • General sentiment: Opposed / concerned (the substantive opposition this cycle came from the public)
  • Key concerns:
    • Robert Allen (100 Fawn Court, Davenport): asked where pool pumps/equipment would sit (answer: rear, with buyer consent); confirmed the STR-restrictive nature.
    • Robert Allen (continued) — the cycle's signal speech: challenged how the amendment serves "public health, safety, morals, and welfare" when it allows larger homes, larger pools, increased building footprints, and reduced permeability at a time when Polk County and the city are actively searching for an alternative water source. He stated his community, Deer Run Estates, sits directly adjacent — 60+ homes each on private wells, no municipal water, no backup source. He warned construction vibration, deep stormwater ponds, and altered drainage could lower lake levels or cause wells to fail, and asked who would be responsible if wells ran dry. He invoked Florida Real Estate Disclosure Law on material-fact disclosure, citing the site's wetlands, floodplains, groundwater recharge zones, and Lake Wales Ridge sinkhole susceptibility as facts that must be disclosed to buyers.

Key Signals

  • A ~1,050-unit investor-owned short-term-rental community is being entitled on the Lake Wales Ridge — and the binding constraint is water, not traffic. Pulte's amended PUD is the single largest development in the recent Davenport corpus, and it crystallizes the regional thesis that water is the binding constraint. The applicant wants pools on essentially every unit; the adjacent neighborhood (Deer Run Estates) runs entirely on private wells with no municipal backup; Polk County and the city are openly hunting for an alternative water source. This is the Davenport/Polk analog to the Minneola wastewater-capacity wall — the development math and the water math are colliding, and the city approved the development side first.
  • The opposition this cycle came from the public, not the board — and it was the sharpest water-and-disclosure argument in the corpus. Robert Allen of Deer Run Estates delivered a structured public-health/material-disclosure challenge: groundwater recharge, sinkhole-susceptible Lake Wales Ridge land, well-failure liability, and Florida Real Estate Disclosure Law obligations. This is the kind of resident testimony that, in Lake County's northern-resistance cities, has driven denials. In Davenport it did not move the vote — the board recommended approval unanimously — but it is a documented, on-record water-and-disclosure objection a homebuyer in or near this Pulte community would want to know exists.
  • The short-term-rental-as-investment-product model is now explicit in the entitlement record. Anderson stated plainly the units sell fee simple to investors, are deed-restricted to STR use (no homestead, no mail), and the restriction runs with title. This is the Disney-adjacent / Polk County vacation-home economy showing up directly in the zoning record — and it's driving the unusual setback asks (pool-and-screen on every unit forces the line-to-water reductions). The city is amending its own LDRs to accommodate a rental-investment product type the original PUD didn't anticipate.
  • Commissioner Fellows is emerging as Davenport's lone fact-and-precedent skeptic. Two months running (wetland/access questions in February, now water/utilities/precedent here), Fellows is the board member who surfaces the hard constraints — and who explicitly warned against the slippery slope of amending setbacks "every time." Yet he votes with the unanimous majority each time. The pattern to watch: a board with one consistent skeptic whose objections are documented but not decisive. If a future application splits the vote, Fellows is the likely dissent anchor.
  • "Amend-the-PUD-to-relax-the-setback" is becoming a Davenport habit — exactly the precedent Fellows feared. This is the second consecutive month a PUD is being amended after the fact (February's Holly Hill carve-out, now Pulte's setback relaxation). The board spent real effort writing its LDRs, and developers are now systematically requesting amendments to those standards. The precedent question Fellows raised is the live one: each granted amendment makes the next ask easier.

Raw Notes

Meeting adjourned 6:55 PM (Fellows-Coffey moved).

Pulte parcels span sections 23, 24, 25, 26 of Township 27 / Range 26 — a multi-parcel assemblage, several entered only "in portion," indicating the amended PUD covers a sub-area of a larger holding. Total unit count cited by applicant: ~1,050.

The adjacent Deer Run Estates (60+ well-dependent homes) is the specific impacted community; Robert Allen of 100 Fawn Court is its spokesperson on record.

Property is inside city limits but on county utility service — a city/county jurisdictional-service split that Fellows flagged as a water-supply concern. This is a city-county-jurisdictional-friction exhibit at the service-provision layer (entitlement authority sits with the city, water service with the county).

The Pulte STR community sits on Lake Wales Ridge land — wetlands, floodplains, groundwater recharge zones, sinkhole-susceptible per the public testimony. No staff rebuttal to the environmental points is recorded; the board moved straight to motion and approval.