Loading...
12-09-2014 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING December 9, 2014 The Clermont City Council met in a regular meeting on Tuesday, December 9, 2014 in the Council Chambers at City Hall. Mayor Ash called the meeting to order at 6 00 pm with the following Council Members present: Council Members Goodgame, Mullins, Bates and Travis. Other City officials present were City Manager Gray,City Attorney Mantzans and City Clerk Ackroyd INVOCATION Pastor Ramirez gave the invocation followed by the Pledge of Allegiance REPORTS City Manager Gray thanked the community for attending the Light Up Clermont events over the weekend with the symphony on Thursday, the Light Up ceremony on Fnday, and parade on Saturday He announced City Hall would ,be closed Christmas Day and on Friday, December 26 A City Council Retreat is scheduled for January 26 with the location to be determined. City Attorney Mantzans reported there were certain lease agreements with the State of Flonda related to the floating docks the-City maintains The City needs to expand the lease agreements associated with the use of the floating dock to accommodate the Boathouse and requested a motion to modify the lease agreements. Council Member Mullins moved to make the necessary modifications; seconded by Council Member Goodgame.The motion passed with all members present voting aye. Council Member Bates thanked staff for the Light Up Clermont events and commented he enjoyed having the Christmas tree at City Hall Park Council Member Goodgame commented the Montverde Academy chorus will participate in Light Up Clermont every year Kings Ridge held a Light Up Kings Ridge event with the proceeds given to the Community Foundation of South Lake for the Faith Neighborhood Center He commented it was suggested the City record and video City Council meetings and maintain the recordings for seven years. He requested City Manager Gray follow up on the suggestion. Council Member Mullins encouraged the public to continue supporting local events Council Member Travis thanked the South Lake Histoncal Society for their 5K event and congratulated Chief Broadway on his record time She requested adding a discussion regarding the curve on East Avenue where it connects with Lakeshore Dnve on the next agenda, and to add a discussion regarding changing the Council meeting start time. Mayor Ash suggested adding the items to the Council Retreat agenda Council Member Goodgame suggested a solar-operated red blinking light at the intersection of East Avenue and Lakeshore Dnve Mayor Ash reported she attended all the Light Up Clermont activities and commented on the public's appreciation and enjoyment of the events 2 1 City of Clermont MINUTES REGULAR COUNCIL MEETING December 9, 2014 FIRST ORDER OF BUSINESS Item No. 1—Board Appointments Code Enforcement Board There were two expinng 3-year terms Dave Holt and Ken Forte have requested re-appointment. City Manager Gray stated the City did not receive additional requests for appointment. Council Member Goodgame moved to re-appoint Dave Holt and Ken Forte, seconded by Council Member Mullins. The motion passed with all members present voting aye. Planning and Zoning Commission There were four expinng 2-year terms. Development Services Director Hollerand commented Harry Mason had requested re-appointment; however he was unable to attend the Council Meeting. City Manager Gray stated there were four positions on the Planning and Zoning Commission which will expire. Harry Mason; Herb Smith, and Carlos Solis have requested re-appointment. Requests for appointment were received from Linda Brown,Jack Martin,Otis Taylor,and Cuqui Whitehead. Herb Smith and Carlos Solis provided their background and history of serving on the Planning and Zoning Commission. Jack Martin,Otis Taylor,and Linda Brown provided their background. Cuqui Whitehead provided her history of service with the City Council Member Mullins moved to re-appoint Herb Smith and Carlos Solis to the Planning& Zoning Comimssion,'seconded by Council Member Goodgame. The motion passed with all members present voting aye. Council Member Mullins requested an Arts and Recreation Citizens Advisory Board. City Manager Gray will research his request and bring back to Council. Council Member Goodgame moved to nominate Cuqui Whitehead and Jack Martin to the Planning & Zoning Commission, seconded by Council Member Mullins. The motion passed with all members present voting-aye. Outside Agency Appointments Council Member Mullins moved to re-appoint Suzy Gibson to the MPO Citizens Advisory Council; seconded by Council Member Goodgame The motion passed with all members present voting aye. Council Member Goodgame moved to re-appoint Bnan Davis to the MPO Bicycle & Pedestnan Advisory Council, seconded by Council Member Mullins. The motion passed with all memberspresent voting aye. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING December 9, 2014 Council Member Goodgame moved to re-appoint Ann Dupee to the Lake Apopka Natural Gas Board; seconded by Council Member Mullins. The.motion passed with all members present voting aye. The Council appointments to outside agencies were discussed. Mayor Ash announced Rick VanWagner had served as the South Lake Chamber of Commerce Representative and inquired if Council Member Travis was interested in serving. Council Member Travis agreed to serve as representative. Council supported Council Member Travis serving as the South Lake Chamber of Commerce Representative. Mayor Ash commented,she would like a water liaison with the St Johns River Water Management District and asked Council Member Goodgame to serve. Council Member Goodgame agreed to serve as the water liaison. Council supported Council Member Goodgame serving as the water liaison with the St Johns River Water Management Distnct. Mayor Ash stated the Mayor typically serves as the Lake Community Action Agency Representative and requested nomination. Council supported Mayor Ash serving as the Lake Community Action Agency Representative. Council Member Bates served on theLake County League of Cities Board of Directors in the past and Mayor Ash inquired if he wished to continue. Council Member Bates agreed to continue Council supported Council Member Bates serving on the Lake County League of Cities Board of Directors.. Mayor Ash commented Council Member Goodgame has represented the City on the Metropolitan Planning Organization Governing Board. Council Member Goodgame requested he remain on the Board as he was elected Chairman by the Metropolitan Planning Organization. Mayor Ash stated she previously served on the Metropolitan Planning Organization Governing Board and expressed an interest in becoming involved and would like to serve as the alternate. Council supported Council Member Goodgame remaining on the Metropolitan Planning Organization_Governing Board_ and Mayor Ash serving as an alternate on the Metropolitan Planning Organization Governing Board. Council Member Goodgame stated he was stepping down from the Lake County Tounsm Council. Council Member Mullins inquired when the Lake County Tounsm Council met. Council Member Goodgame stated they met three to four times a year. Council Member Mullins expressed interest in serving The term is for four years and expires in 2018. Council Member Bates expressed interest in serving as an alternate 3 s , City of Clermont MINUTES REGULAR COUNCIL MEETING December 9, 2014 Council supported Council Member Mullins serving on the Lake County Tourism Council and Council Member Bates serving as an alternate on the Lake County Tounsm Council. Council Member Mullins moved to approve all outside agency appointments; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 2—Johns Lake Landing Planning Manager Henschel reported Johns Lake Landing was a proposed mixed-use development which would be constructed within the Joint Planning Area just east of the City limits. A utility service agreement was approved for 845 age-restricted homes and commercial property. The developer requested changes through Lake County in 2012; however never updated the utility service agreement with the City. The developer has requested additional changes to the development. The Planned Unit Development amendment includes a total of 832 single family residential units and 274,000 square feet of commercial property adjacent to Highway 50 The Lake County Board of County Commissioners has requested comments from the City Council. The applicant will be required to return to Council to amend the utility service agreement Mayor Ash expressed concern regarding allowed uses and inquired if any of the 2005 prohibited uses remained in the proposed plan. Planning Manager Henschel stated any prohibited uses were removed. Council Member Goodgame commented the Interlocal Service Boundary Agreement was approved by Lake County and the City could annex the property. He suggested the applicant consider moving forward with annexation Council expressed concerns regarding the entrance and suggested aligning the entrance with Tiny Morse Boulevard and mstalling a traffic signal. Ben Shoemaker; KB Homes Vice President of Land Acquisition Development, stated he was not aware of the concerns regarding the project and requested Council table to a later date Council Member Mullins moved to table to January 13, seconded by Council Member Goodgame The'motion passed with all members present voting aye. Mayor Ash recessed the meeting at 7:04pm Mayor Ash reconvened the meeting at 7:12pm. PROCLAMATIONS City Clerk Ackroyd read the Flonda Lakes Symphony Orchestra proclamation and Mayor Ash presented the proclamation to Audrey Sanders CONSENT AGENDA Mayor Ash advised the next item on the Agenda for consideration was the Consent Agenda and requested anyone wishing to have any item pulled for discussion to please come forward at this time. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING December 9, 2014 Item No.3-Council Meeting Minutes Consider request to approve minutes of the August 26, 2014 and September 9, 2014 Regular Council meeting, and the November 18, 2014 Special Council Meeting. Item No.4-2015 Council Meeting Schedule Consider request to approve City Council meeting calendar. Item No. 5 -Purchase and Equipment Surplus Consider request to purchase two Life Approval Pak 15 cardiac monitor defibrillators and have two Life Pak 12 cardiac monitor defibrillators declared surplus. Item No.6-Bid Award Consider request to award to five engineenng firms to provide on-call professional engineer services Item No.7-Bid Award and Budget Amendment Consider request to award bid to Jordan Brothers Construction,LLC to provide construction of Lake Hiawatha Phase 1B in the amount of$1,044,072.93 and a budget amendment in the amount of$244,072.93 Item No.8-Facility Use Agreement Consider request of Kingdom Revelation Mimstnes'Facility Use Agreement. Item No.9-Management Agreement Consider request of Lake County Rowing Associations Management Agreement for the Clermont Boathouse. Item No. 10-Resolution No 2014-41 and Budget Consider request to approve Resolution Amendment 2014-41 settlement agreement and a budget amendment in the amount of $100,000. Item No. 11 -Fine Reduction and Lien Release Consider request for a fine reduction and Request release of lien Item No. 12-Plat Approval Consider request to approve Highland Ranch-Esplanade Phase I plat. Council Member Goodgame pulled Consent Agenda Item 7. Council Member Mullins pulled Consent Agenda Item 8. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING December 9, 2014 Council Member Travis pulled Consent Agenda Item 9 Mayor Ash pulled Consent Agenda Item 11 Council Member Bates moved to approve Consent Agenda Items 3, 4, 5, 6, 10 and 12; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Council Member Goodgame addressed Item 7 and commented the Lake Hiawatha Phase 1B project may not be completed in the current fiscal year He suggested awarding a contract for the current fiscal year and a separate contract for the following fiscal year. City Manager Gray stated the contract could be approved and budgeted in two separate fiscal years, and the requested budget amendment would no longer be required. Council Member Mullins moved to accept Consent Agenda Item 7 as amended; seconded by Council Member Bates. The motion passed with all members present voting aye City Manager Gray explained Item 8 was a facility use agreement with Kingdom Revelation Mimstnes; formerly Celebration of Praise church, to use the performance hall at the Arts and Recreation Center for $800 a week until May 31, 2015. Council Member Mullins moved to approve Consent Agenda Item 8, seconded by Council Member Goodgame. The motion passed with all members present voting aye. Council Member Travis addressed Item 9 and commented the management agreement with the Lake County Rowing Association was $500 per month to cover overhead expenses such as electric and water. She inquired what occurred if the monthly expenses exceeded $500. City Manager Gray stated the City would cover the excess expenses. Council Member Travis stated the five year agreement did not include an escalation clause Mayor Ash expressed concerns with deferring payments until October 1. Council Member Mullins suggested changing the contract to state security system telephone line instead of telephone line. Mayor Ash suggested including a statement to re-evaluate costs after six months. City Attorney Mantzans stated the agreement contains a termination for convenience clause, enabling the City to terminate and renegotiate the agreement. Council Member Goodgame moved to approve Consent Agenda Item 9; seconded by Council Member Mullins. The motion passed with all members present voting aye. Mayor Ash addressed Item 11 and spoke in opposition to reduce the Code Enforcement fine to $3,000. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING December 9,2014 City Attorney Mantzans stated most fines are resolved at the Code Enforcement Board level before a lien was created. Historically the position of the City regarding the code enforcement process was the process was designed to motivate compliance and not to punish property owners. The owner worked slowly to bnng the property into compliance and the City felt a significant reduction was appropriate Mayor Ash commented a more substantial fine was in order Council Member Mullins inquired why the process of bnnging the lien reduction request before Council was lengthy. City Attorney Mantzans stated the process involved negotiations with the property owner's attorney and the City seeking possible foreclosure. The owner was not slow to respond; he was slow coming into compliance. Council Member Mullins stated a fine of$5,000 would be more appropnate; however the owner agreed to $3,000 and the City would risk not receiving the higher amount Council Member Travis moved to approve Consent Agenda Item 11 as wntten; seconded by Council Member Bates The motion passed 4 to 1 with Mayor Ash opposed PUBLIC COMMENTS Helmut Michelson complimented the City for funding the symphony orchestra event. Ann Dupee mentioned the need for additional street lighting in the City and continuing with road striping maintenance. Jim Purvis thanked Council and staff for the recent events. UNFINISHED BUSINESS Item No. 13-Variance Request,Rickerds Withdrawn Items 14 and 15 were heard concurrently and voted on separately Item No. 14-Resolution No.2014-21,Woodwinds City Clerk Ackroyd read Resolution 2014-21 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Flonda,granting a Conditional Use Permit to allow for a Planned Umt Development for a proposed 104 unit apartment development. Item No. 15-Variance Request,Woodwinds Senior Planner Kruse presented the Woodwinds apartments request. The proposed project was a multi-family development consisting of 104 apartments with on-site amenities, including a community center and pool. A gated entry feature was requested. Revised plans included changes to the number of 2- and 3- bedroom units, reduced parking,building layout changes,and elimination of the variance requests 7 City of Clermont MINUTES REGULAR COUNCIL MEETING December 9,2014 The City received letters in opposition of the proposed project. The Planning and Zoning Commission recommended,denial of the Conditional Use Permit Staff recommended approval of the Conditional Use Permit with a gated entry feature Attorney Jimmy Crawford was present on behalf of the applicant, Charles Sharkus The request was a continuation from the August 26 heanng. Attorney Crawford reviewed the changes from the original plans for condominiums and the plans presented at the August 26 hearing Council Member Travis inquired if a turn-around outside of the gate was incorporated into the plans. Jeff Earhart; Civil Engineer,confirmed a turn-around was included in the plans Mayor Ash opened the public heanng and imposed a five-minute time limit. Edward Freeman, Catherine Razaitis, Mike Selewach, Gail Goehrmg, Edward Whitehead, Jerry Hams, Charlene Forth,Tom'Questell, Chuck Aaron, and Pamela Smith spoke in opposition of the proposed project citing concerns regarding the effect on the school system, preference for single-family housing, preference for condominiums, traffic speed, wildlife habitat, obstruction of view, noise, ground saturation, secunty, crime, decreased property values, and project location. Gail Springer spoke in favor of the proposed project, citing the need for additional workforce housing in the community. Mayor Ash closed the public hearing. Mayor Ash recessed the meetmg at 8 53pm. Mayor Ash reconvened the meeting at 9:05pm. Attorney Crawford responded to crime data presented, commenting the comparison of Osprey Ridge to Clermont Yacht Club was not a fair comparison. Osprey Ridge received a cnme-free housing community designation last year. He addressed the concerns regarding workforce income housing and noted it was a violation of both the Flonda and Federal Fair Housing Act to discnmmate against the proposed type of housing. Mr. Crawford introduced Sean Wilson, Blue Sky Communities Director. Mr. Wilson addressed several of the residents' concerns. The majority of the funding to construct the proposed project would come from federal money with a small amount of,conventional financing. Reserve money equal to $300 per unit is deposited each year; in addition to six months of operating expenses, six months debt service, and partnership fees. The transactions are closely monitored by state agencies. Council Member Mullins stated the project was referred to as a 30-year project and inquired what transpires after 30 years. Mr Wilson replied the property would be eligible every 15 years to apply for the federal subsidy Attorney Jimmy Crawford introduced Oliver King with the Osprey Ridge management company. Mr. King stated annual inspections are performed, the management company insures the property is taken care of, and prospective residents are carefully screened Attorney Crawford requested Council approve the proposed project Council Member Mullins disclosed Steve Smith showed him the new location of the lift station and the new building elevation 8 City of Clermont MINUTES REGULAR COUNCIL MEETING December 9, 2014 Council Member Travis stated she met with Mr Smith and walked the back of the property and through Northridge Council Member Goodgame noted he received electronic mail regarding the proposed Woodwinds apartments. Council Member Bates inquired why the gate was added. Attorney Crawford stated the gate was in response to concerns from the Northridge community. Council Member Bates expressed concern about the closeness of the gate to Grand Highway and buses stopping on the road Mayor Ash commented the proposed project needed an alternate egress. Council Member Goodgame inquired how the walls were sound-proofed. Jeff Powell; Architect, stated the walls would be firewalls. Council Member Goodgame requested improved sound-proofing. Council Member Goodgame asked if there was sufficient visitor and handicapped parking. Mr. Powell stated parking spaces are calculated based on City Code; however there were no designated visitor parking spaces Attorney Jimmy Crawford commented Council requested maximizing the green space and minimizing the parking spaces. Council Member Mullins inquired if the southern wall would contain landscaping. City Manager Gray stated the wall and landscaping would be discussed dunng the site review process. Mayor Ash asked about the federal funding process Attorney Crawford replied the process was a two-stage process. The first stage,was pre-approval of the site and the site has received approval The second stage is the application for the funding. Council Member Travis moved to approve Resolution 2014-21 as presented by staff, which does not include the gate; seconded by Council Member Mullins. The motion passed 4 to 1 with Mayor Ash opposing. Items 16, 17, 18 and 19 were heard concurrently and voted on separately. Item No. 16-Ordinance No.2014-30; Final,Hartwood Marsh Subdivision City Clerk Ackroyd read Ordinance 2014-30 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, providing for the annexation of a certain parcel of land contiguous to the present City boundaries; providing for an effective date, severability,recording,and publication. Item No. 17-Ordinance No.2014-31; Final,Hartwood Marsh Subdivision City Clerk Ackroyd read Ordinance 2014-31 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, adopting the Large Scale Comprehensive Plan Amendment for the City of Clermont, Flonda, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes, setting forth the authonty for adoption of the Large Scale Comprehensive Plan Amendment; setting forth 9 City of Clermont MINUTES REGULAR COUNCIL MEETING December 9,2014 the purpose and intent of the Large Scale Comprehensive Plan Amendment, providing for the adoption of the Large Scale Comprehensive Plan Amendment; establishing the legal status of the Large Scale Comprehensive Plan Amendment; providing a severability clause and providing an effective date. Item No. 18-Ordinance No. 2014-32; Final,Hartwood Marsh Subdivision City Clerk Ackroyd read Ordinance 2014-32 aloud by title only An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida amending the Official Zoning Map of the City of Clermont referred to in Chapter 122 of Ordinance No 289-C, Code of Ordinances, rezoning the real properties described herein as shown below; providing for severability, effective date,and publication. Item No. 19-Variance Request,Hartwood Marsh Subdivision Senior Planner Kruse presented the Hartwood Marsh subdivision request to annex a 20-acre parcel located on the south side of Hartwood Marsh Road. Staff recommended approval of the annexation request. The applicant requested a Large Scale Comprehensive Plan Amendment to change the future land use map from Lake County Urban Low Density to City of Clermont Low Density Residential. The Planning and Zoning Commission recommended approval of the Large Scale Comprehensive Plan Amendment. Staff recommended approval'of the Large Scale Comprehensive Plan Amendment. The applicant requested a rezoning from Urban Estate Low Density Residential to Medium Density Residential. The Planning and Zoning Commission recommended approval of the rezoning request. Staff recommended approval of the rezoiung request. The applicant requested a variance to allow for a gated entry feature into a subdivision with private streets. The proposed gated entry is off of Hartwood Marsh Road. Staff recommended denial of the variance request. Matt Young; Civil Engineer, requested approval of the applicant's requests Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Goodgame commented a sidewalk beginning at the Regency Hills subdivision and ending near Hartwood Marsh Road had two sidewalk connections requiring completion. Senior Planner Kruse stated when the project is built out, the applicant's portion would be constructed. Council Member Goodgame requested City Manager Gray contact the remaining property owner to complete the remaining portion of the sidewalk. Council Member Mullins moved to approve Ordinance 2014-30; seconded by Council Member Bates.The motion passed 5 to 0 on a roll call vote. Council Member Mullins"moved to approve Ordinance 2014-31; seconded by Council Member Bates.The motion passed 5 to 0 on a roll call vote. Council Member Mullins moved to approve Ordinance 2014-32, seconded by Council Member Bates The motion passed 5 to 0 on a roll call vote. Council Member Mullins moved to grant the variance; seconded by Council Member Goodgame. The motion passed'with all members present voting aye. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING December 9, 2014 Item No. 20-Resolution No.2014-35,Heritage Hills City Clerk Ackroyd read Resolution 2014-35 aloud by title only A Resolution of the City Council of the City of Clermont, Lake County, Flonda, granting an amendment to a Conditional Use Permit to allow an adjustment to the road-way connection points and to allow for a non-age restncted portion of the site. Planning Manager Henschel presented the Resolution to allow for adjustments to roadway connection points and to allow for a non-age restncted phase. The request was tabled to the December 9,2015 Council meeting to allow the Planning and Zoning Commission the opportunity to reconsider the request The Planning and Zoning Commission recommended approval of the vanance request. Staff recommended approval of the vanance request Terne Boling; Lennar Homes,was present to address any questions. Mayor Ash opened the public heanng. Stephen Cluney requested the Lennar Homes Conditional Use Permit section disallowing access to the amenities of Hentage Hills include the roads in Hentage Hills. City Attorney Mantzans stated the roads in Hentage Hills are pnvate roads and the City does not have junsdiction. Council Member Mullins inquired if the City had the authonty to force the developer to exclude people from the clubhouse. City Attorney Mantzans stated the property was part of a Development of Regional Impact and designed as one integrated large development. The developer has requested to change the existing approvals for a particular portion of the development and the applicant has agreed to include the "no access" clause in the Conditional Use Permit. Jim Purvis expressed concerns regarding the request. Mayor Ash closed the public heanng Council Member Mullins moved to approve Resolution 2014-35; seconded by Council Member Bates. The motion passed with all members voting aye. Item No.21 -Ordinance No. 2014-34; Final,Landscape Code City Clerk Ackroyd read Ordinance 2014-34 aloud by title only. An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 118 Vegetation, Section 118-35 Maintenance and Pruning;providing for codification; severability; effective date, and publication. Planning Manager Henschel presented the proposed language to clanfy issues regarding canopy trees damaged by severe pruning; for example, when the remaining canopy trees meet mimmum code requirements The proposed amendment would not require the removal of the damaged tree. The Planning and Zoning Commission recommended approval of the Land Development Code amendment. Staff requested approval of the proposed amendment. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING December 9, 2014 Mayor Ash opened the public heanng. Jim Purvis spoke in opposition of the amended language Mayor Ash closed the public heanng Council Member Goodgame moved to approve Resolution 2014-34; seconded by Council Member Mullins The motion passed 5 to 0 on a roll call vote. Item No.22-Ordinance No.2014-38,Final,Garbage Franchise City Clerk Ackroyd read Ordinance 2014-38 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, under the Code of Ordinances of the City of Clermont, granting a garbage collection franchise to WCA Waste Corporation; providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont City Clerk Ackroyd reported the Ordinance was a standard non-exclusive garbage franchise agreement Mayor Ash opened the public heanng. There were no comments Mayor Ash closed the public hearing. Council Member Goodgame moved to approve Ordinance 2014-35, seconded by Council Member Mullins.The motion passed 5 to 0 on a roll call vote NEW BUSINESS Item No.23-Resolution No. 2014-36,East Ridge Village City Clerk Ackroyd read Resolution 2014-36 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow for a multi-family complex with more than 12 units. Planning Manager Henschel presented the Conditional Use Permit request for a 103 multi-family apartment development located north of Hooks Street and west of Hancock Road The parcel is part of the Hills of Clermont Planned Unit Development approved in 2001. The existing Conditional Use Permit; Resolution 1208, allowed the parcel to be converted to Commercial in July 2001 and specifically prohibited multi-family use. The Planning and Zoning Commission recommended approval of the Conditional Use Permit. Staff recommended approval of the Conditional Use Permit David Stimmell; applicant,was present and available to address any questions Mayor Ash opened the public hearing. David Hooper, Bishop Bill Edwards, Pastor Sandy Edwards,Janet McKenzie,Natalie Kooma, Sam Durrance,Mr. Ellis, and Anita Kumar spoke in opposition of the request citing increased crime rates, traffic, and preference for commercial zoning. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING December 9, 2014 Mayor Ash closed the public heanng. Mr. Stimmell commented the apartments would be work force housing in a location where jobs, shopping, and schools were available. He requested Council approve the request Council Member Goodgame stated the surrounding properties were zoned commercial and was opposed to the request. Council Member Mullins preferred the location remain commercial. Council Member Bates concurred. Council Member Mullins moved to deny the request; seconded by Council Member Goodgame The motion passed with all members present voting aye. Item No.24-Resolution No. 2014-38,Wal-mart City Clerk Ackroyd read Resolution 2014-38 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Flonda, granting an amendment to a Conditional Use Permit to allow an expansion to the existing Wal-mart Planning Manager Henschel presented the request to allow a 3,905 square foot expansion on the east side of building for liquor sales. The proposed expansion would not be accessible from the inside of the main building The Planning and Zoning Commission voted 4 to 1 to recommend approval of the amendment. Staff recommended approval of the amendment. The applicant was not present. Mayor Ash opened the public hearing. Jim Purvis asked Council to deny the request Mayor Ash closed the public heanng. Council Member Mullins was not in support of the request. Council Member Goodgame was not in support of the request Council Member Goodgame moved to deny Resolution 2014-38; seconded by Council Member Bates. The motion passed with all members present voting aye Items 25 and 26 were heard concurrently and voted on separately 13 City of Clermont MINUTES REGULAR COUNCIL MEETING December 9, 2014 Item No.25-Resolution No. 2014-40,Jesus Perez Dental Office City Clerk Ackroyd read Resolution 2014-40 aloud by title only A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow for a professional office greater than 3,000 square feet in the Central Business Distnct Item No. 26-Variance Request,Jesus Perez Dental Office Senior Planner Kruse presented the request to allow a professional office to occupy more than 3,000 square feet m the Central Business Distnct at 912 West Avenue. The Land Development Code allows a doctor's office in the Central Business District;.however a Conditional Use Permit is required due to the proposed building square footage. The Planning and Zoning Commission recommended approval of the Conditional Use Permit. Staff recommended approval of the Conditional Use Permit. The applicant requested a variance to allow an eight-foot landscape buffer instead of the required fifteen feet. Staff recommended denial of the variance request. Applicant Dr. Jesus Perez was present and requested approval Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public heanng. Council Member Goodgame requested Mr. Perez grant permission to use the parking lot for public parking dunng non-business hours Mr.Perez expressed concerns regarding property damage and increased maintenance costs. City Attorney Mantzans commented Council can request Mr. Perez speak with his neighbors regarding a shared parking arrangement. Council Member Mullins moved to adopt Resolution 2014-40; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Council Member Mullins moved to grant variance and pay extra attention to landscaping on the western parameter; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No.27—Variance Request,Panda Express Senior Planner Kruse presented the landscape buffer variance requests. The applicant requested a reduction in the number of canopy and understory trees in the northern landscape buffer, to allow a continuous row of shrubs and eliminate canopy and understory trees in the southern landscape buffer; to allow a western landscape buffer of less than 20 feet; and to allow a western buffer with a reduction in the number of canopy and understory trees. Staff recommended demal of the variance request. Matt Sistrunk; Project Engineer, represented Panda Express and commented granting the variances was withm the intent of the Landscape Code to develop aesthetically pleasing sites. Mayor Ash opened the public hearing There were no public comments. Mayor Ash closed the public hearing. 14 City of Clermont MINUTES REGULAR COUNCIL MEETING December 9,2014 Council Member Mullins moved to grant the variances; seconded by Council Member Bates The motion passed with all members present voting aye. Item No.28-Ordinance No.2015-01; Introduction, Sidewalk Cafés City Clerk Ackroyd read Ordinance 2015-01 aloud by title only. An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Florida, adding to the Code of Ordinances, Chapter 122 Zomng; Section 122-357 Sidewalk Café and amending Chapter 6 Alcoholic Beverages, Section 6-3 Consumption or Possession Upon Public Property; Penalty; providing for codification; severability; effective date; and publication Council Member Mullins moved to introduce Ordinance 2015-01; seconded by Council Member Goodgame.The motion passed with all members present voting aye. Item No.29-Ordinance No. 2015-02; Introduction,Changeable Copy Signs City Clerk Ackroyd read Ordinance 2015-02 aloud by title only An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 102 Signs; Section 102-23 Changeable Copy Signs; providing for codification; severability; effective date; and publication. Council Member Mullins moved to introduce Ordinance 2015-02; seconded by Council Member Goodgame.The motion passed with all members present voting aye. ADJOURN: With no further comments,this meetmg was adjourned at 12.09am •' ( .^7.7i -a ; APPROVED: f' ys, Gail L. Ash,Mayor %'�'Y '• },ATTEST: -," Al Algid t Tracy Ackroyd, City CI-' 15