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06-28-2016 Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING June 28, 2016 The Clermont City Council met in a regular meeting on Tuesday, June 28, 2016 in the Clermont City Council Chambers. Mayor Ash called the meeting to order at 6:30pm with the following Council Members present: Council Members Mullins, Bates, Goodgame, and Travis Other City officials present were City Manager Gray, City Attorney Mantzans, Deputy City Clerk Noak, and City Clerk Ackroyd Howe. INVOCATION Pastor Jose Elias-Gonzalez gave the invocation followed by the Pledge of Allegiance. PROCLAMATIONS Mayor Ash read aloud the Stanley Almodovar III Day proclamation and presented the family with the proclamation. Rosalie Ramos, Jordan Casiano, Johnathan Casiano, Natalie Santiago, Edwin Perez, Noemy Ramos, Yolanda Cartagena, Genesis Gomez, and Adnan Gomez accepted the proclamation. City Clerk Ackroyd Howe read aloud the Parks and Recreation Month proclamation. Mayor Ash presented Parks and Recreation Director Davidoff with the proclamation PUBLIC COMMENTS Shannon Schmidt-Hidalgo commended Council, City Manager Gray, and staff for all their efforts and compassion following the tragedy of Stanley Almodovar and his family. Jim Harrison thanked Council and commended the City of Clermont for supporting Water Safety Day held at Waterfront Park. This year over 65 children and their families participated in the event and during the year 450 swim scholarships were issued to under-pnvileged children in Lake County. Jim Purvis expressed appreciation to the City for all which was done to help the Almodovar family Mayor Ash noted Item 17, Pinecrest Lakes Academy Conditional Use Permit, was withdrawn REPORTS City Manager Gray reported Clermont's 2' Annual July 4th event will be held on Monday, July 4, 2016 from 6 to 10pm at Waterfront Park, with the fireworks display beginning at 9:15pm. Election qualifying closed on June 24, 2016 for seats 1, 3 and 5 Timothy Bates, Gail Ash, and Diane Travis; the incumbents, did not have opposition, so there will not be an election. Mr. Gray congratulated Council Member Travis on winning a silver medal in her category at the recent national duathlon competition held in Oregon City Attorney Mantzans—No report. Council Member Bates—No report Council Member Goodgame announced there would not be a bear hunt in Flonda this year and thanked Hope Lamb for her efforts The Clermont Fire Department held a ceremony promoting three firefighters to the rank of Lieutenant. The Police Department swore in a new officer, Bnttany Wegner,whose 1 City of Clermont MINUTES REGULAR COUNCIL MEETING June 28,2016 grandmother was a former Minneola Police Chief Communications Director Bloodsworth was thanked for recruiting the author of several children's books; Kate DiCanvllo, who read a chapter from her new book at Cooper Memonal Library on June 23, 2016. Council Member Mullins reported the Lake County Tounsm Tax receipts are 17 percent more than the previous year The visitors are coming for the vanous tournaments and events in the area The Tounsm Tax assists in funding recreational activities. Music on Montrose and the food trucks will be at City Hall Park on July 1, 2016 from 5 30pm to 9.00pm Council Member Travis thanked the Public Works Department and Parks and Recreation Department for maintaining the trail and parks. Mayor Ash reported she attended a prayer service at Better Life Church for the victims of the shooting, held Coffee with the Mayor at the Clermont Garden Club, attended the bear hunt protest, attended the wake at the Arts and Recreation Center for Stanley Almodovar, interviewed with Channel 13 News on the bear hunt, met with the Boy Scouts at Grace Community Church, attended the Fire Department Lieutenant promotion ceremony, attended the Police Officer sweanng in ceremony, and interviewed with Fox 35 Good Day Orlando on the Stanley Almodovar proclamation. 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 Item No. 1 —Meeting Minutes Consider approval of the May 10, 2016 Regular Council Meeting minutes Item No. 2—Resolution No. 2016-18 Consider request to approve Fiscal Year 2016 quarterly budget amendments. Item No.3—Resolution No.2016-26 Consider approval of Resolution in support of the East Avenue transportation improvements project. Item No.4—Event Road Closure and Open Consider allowing the Clermont Downtown Container Request Partnership's approved Second Saturday Car Show to expand the road closures and open container zone. Council Member Mullins pulled Item 3. Council Member Goodgame moved for approval of Consent Items 1, 2 and 4; seconded by Council Member Bates.The motion passed with all members present voting ave. Council Member Mullins asked of the possibility of the school system providing funds or land for widening East Avenue. Cypress Ridge Elementary School creates additional traffic on East Avenue due to the lack of a bus service at the school. City Manager Gray will contact the school system 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 28,2016 Council Member Mullins moved to approve Consent Item 3; seconded by Council Member Bates. The motion passed with all members present voting aye UNFINISHED BUSINESS Item No.5—Resolution No. 2016-14;Magic Moments City Clerk Ackroyd Howe read Resolution 2016-14 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 daycare facility in the central business distnct. Planning Manager Henschel presented the request to allow a day care in the Central Business Distnct (CBD) zoning distnct at 756 West Avenue. The proposed location was previously approved in 2009 for an"at nsk"youth counseling center. The current applicant, Magic Moments, is proposing a Schooler Program for ages 5 to 12, which is currently operating at 855 West Desoto Street in the Veterans of Foreign Wars building. The Veterans of Foreign Wars would like to occupy more of the building space, displacing the Magic Moments Schooler Program. A condition in the Conditional Use Permit will require the student count be provided to the City upon request to ensure compliance with a cap of 45 students. The bus pick-up and drop-off area will be on-site within the parking lot; the hours of operation will remain from 12 noon to 6.30pm Monday through Fnday dunng the school year, and from 9:00am to 6:30pm dunng the summer months and school holidays The Planning and Zoning Commission recommended approval of the Conditional Use Permit on a 4 to 2 vote Staff recommended approval of the Conditional Use Permit Attorney Jimmy Crawford,and owners Sam and Nancy Allison were present. Attorney Crawford stated the daycare is not expanding, opening a new business, or creating additional traffic. The daycare would be moving an existing business on the same street and providing an on-site drop-off and pick-up area. Attorney Crawford commented Steve Smith, New Beginnings President, sent a letter of support, Troy Sartor sent an email of support, Deborah Jeffnes send a letter of support, and a petition of support with nine signatures was provided. Attorney Crawford stated a condition was added to require the dissolution of the existing Conditional Use Permit Mayor Ash opened the public heanng. Ms. Victona Shulty, Victona's Home and Garden, presented photographs of the occupied parking spaces in the area and expressed concern of the request taking away parking from her and other businesses. Jim Purvis spoke in opposition of businesses moving into residential areas. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING June 28,2016 Franklin Forth commented the request was a high intensity use encroaching on an R-3 residential area and the land parcels are not designed for commercial use Mr. Forth expressed concern of the number of children the proposal would place on the small land parcel and the amount of traffic which exists on Desoto Street Charlene Forth read a letter into the record from her husband, Chuck Forth, in opposition of the request Ms Forth presented and reviewed documents she requested from the City; including records of the occupancy allowed when the property was owned by Loretta Lacek; which was an occupancy of 19 The daycare will have an occupancy of 46 Ms Forth requested Council deny the request. Mayor Ash closed the public heanng. Attorney Crawford, addressed the items brought up from the public. The property has been in the Central Business Distnct (CBD) since the CBD was adopted and the business is moving from one block within the CDB, to another block within the CBD The CBD distnct allows multi-story buildings up to 55 feet high at zero lot line construction, first floor parking, no landscaping, no on-site storm water required, and without a Conditional Use Permit; for example, a club and lodge up to 90,000 square feet, mixed use with apartments and retail,dancing, exercising, martial arts,medical office, retail, or restaurant. Attorney Crawford addressed concerns regarding parking. The proposed location will be adding six intenor parking spaces, five parallel spaces in front of the location, six angled parking spaces across the street, and twelve spaces in the parking lot to the south. Victona's Home and Garden business is located fifty yards from the proposed location and there is no intention of parking at the business The proposed daycare is willing to have signage regarding no pick-up or drop-off at other business locations Attorney Crawford addressed comments regarding encroaching on a residential area. Magic Moments Too was previously owned by Ken Norquist and was an industrial warehouse. The area has been a mixed use area, and the downtown strategic plan and comprehensive plan lay out what type of businesses are allowed. The property was purchased by Magic Moments to be used within the allowable uses. Council Member Bates and Travis requested to see the map presented by Attorney Crawford and the map from Charlene Forth. Attorney Crawford commented his map depicted the locations of where the letters of support were from Council Member Travis asked if the property was purchased without exception. Attorney Crawford stated the property was purchased without conditions. The heanng for the Conditional Use Permit was delayed due to advertising requirements and the closing proceeded. Council Member Bates asked of any contingency if the Conditional Use Permit was not approved. Attorney Crawford commented there are no other use plans for the property. Council Member Travis asked why Ms. Lacek's busmess was only allowed an occupancy of 19, was required to have stormwater retention, and required major landscaping. Planning Manager Henschel stated an occupancy load was based on the use of the property and is determined by the Fire Department The stormwater retention was required when the parking lot was developed. Council Member Travis commented on the number of Magic Moments downtown locations and stated Magic Moments should consider a larger building in another location. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING June 28,2016 Council Member Goodgame asked City Attorney Mantzans of the current zoning of the property. City Attorney Mantzans stated the current zoning was CBD. The restnctions for an R3 zoning do not apply to the property. Mayor Ash inquired of the number of intended staff members and students Attorney Crawford commented there would be four staff members and the student count would decrease to forty-five. Council Member Goodgame asked if the student drop-off would be located on West Avenue. Attorney Crawford stated the student drop-off would be on West Avenue and the employees would enter the parking area from Desoto Street Council Member Bates inquired of the number of students bussed Sam Allison; Owner, commented the children are not bussed. The students are dropped off and taken to and from school on the Magic Moments bus. Council Member Bates inquired of the hours of the student drop-off and pick-up. Mr. Allison stated the student drop-off begins at 6.30am and pick-up begins at approximately 3:30pm. Council Member Mullins asked of the facility's operation dunng the school year. Mr. Allison commented the students are at Magic Moments 1, eat breakfast, go out on the playground, and are then taken to school The building would be empty the majonty of the day dunng the school year. During the summer months and school holidays the buildmg would be occupied after breakfast until the parents picked up the students. Council Member Goodgame asked how the students are transported from each building. Attorney Crawford stated the students are walked by a teacher. Council Member Mullins commented traffic would not increase and the proposed use would add six parking spaces. Council Member Mullins asked if the City or the State set the building occupancy Attorney Crawford stated the Division of Children and Family Services places the limits and requirements of the number of children for daycare operations. Council Member Mullins commented of the occupancy difference of the State compared to the City Fire Marshal Council Member Travis opined the occupancy difference for Ms. Lacek compared to the daycare was not logical Council Member Mullins commented Ms. Lacek's business was for counselling services for children at risk Council Member Goodgame stated the Fire Marshal did not set the occupancy. City Attorney Mantzans stated the Fire Marshal may set the occupancy. The pnor use was different than the proposed use,which may tngger a different analysis from the Fire Marshal's perspective. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING June 28,2016 Council Member Goodgame asked if the Fire Marshal had reviewed the proposed plans Attorney Crawford commented the plans were pre-reviewed by the Fire Marshal Council Member Travis asked why the proposed use did not have to have stormwater retention and landscaping, as was required of Ms. Lacek. Attorney Crawford stated if a parcel in the CBD is partially developed under normal standards and with setbacks, stormwater retention and landscaping are required The Central Business District allows you zero lot line development; however, you must pay into the stormwater fund, pay for parking, and provide for some on-site parking. Magic Moments would be required to have stormwater retention and landscaping if the building was being developed as Ms. Lacek's building was developed City Attorney Mantzans commented Mr. Crawford was pointing out what was a permitted use from a zoning perspective Construction on a site is always going to be determined by the constraints of the site, what the property use will be, and the impervious surface ratio, all which are reviewed in the development process. Mayor Ash asked of the use dunng the summer and school holidays Mr. Allison commented there would be weekly planned arts, crafts,computer skills,and other activities Mayor Ash expressed concern of the number of students compared to the building size Attorney Crawford stated the building size and number of students meets and exceeds all State standards Council Member Travis inquired of the lease status with the Veterans of Foreign Wars. Mr. Allison commented Magic Moments is leasing the space on a month by month basis. Council Member Bates asked of the student drop-off locations. Attorney Crawford stated there are three drop-off options,none of which included vehicles stopping on Desoto Street. Council Member Goodgame commented schools in the downtown area do not bring people into the downtown area. Council Member Mullins stated the school is not an addition, the school will move from one location into a vacant building. The building has been vacant for a number of years, and moving a current business into a vacant building is a positive move The property has not been zoned for residential use for a long time. Mayor Ash stated the Conditional Use Permit should include the wording "up to a maximum of 45 students or as determined by the Fire Department". Council Member Bates was opposed to the request. Council Member Mullins moved to grant a Conditional Use Permit with the condition of a maximum of 45 students or a lower number so deemed by the code or state agency for school age children as a replacement for the current building Mayor Ash passed the gavel to Council Member Mullins and seconded the motion. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING June 28,2016 Council Member Travis opined the request does not fit in with the Master Plan. The building stayed vacant for a lengthy time because of expenses Ms. Lacek incurred due to the City's requirements. Council Member Mullins commented the Master Plan includes apartments, businesses, and residential; and day care facilities are needed. The motion failed 3 to 2 with Council Members Bates, Travis, and Goodgame voting in opposition. City Attorney Mantzans asked for a motion to deny or approve the request as presented for clanfication purposes. Council Member Goodgame moved to deny the Resolution; seconded by Council Member Travis. The motion passed 3 to 2 with Mayor Ash and Council Member Goodgame voting in opposition. Item No. 6—Ordinance No. 2016-15 Final, Napleton Large Scale Comprehensive Plan Amendment City Clerk Ackroyd Howe read Ordinance 2016-15 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, 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 authority for adoption of the Large Scale Comprehensive Plan Amendment, setting forth the purpose and mtent 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. Senior Planner Kruse presented the request to change the future land use from Lake County's Regional Commercial and Regional Office to the City's Commercial designation. The property was annexed and rezoned to C-2 General Commercial in April 2016, and the proposed Comprehensive Plan Amendment was approved for transmittal to the Flonda Department of Economic Opportunity and reviewing agencies The Florida Department of Economic Opportunity notified the City in June that they had no objections to the Comprehensive Plan Amendment. Staff recommended approval of the request. Attorney Scott Glass; representing The Napleton Group,was available to answer any questions. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Goodgame moved for adoption of Ordinance 2016-15, seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING June 28,2016 The following three items were heard collectively and voted on separately. Item No. 7—Ordinance No.2016-17 Final, The Vue—Rezoning City Clerk Ackroyd Howe read Ordinance 2016-17 aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Flonda 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. 8—Ordinance No.2016-21 Final, The Vue—Closing of Right-of-Way City Clerk Ackroyd Howe read Ordinance 2016-21 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, closing and permanently abandoning the nght-of-way easements north/south roadway between tracts 20, 21, 28, and 29 as shown on the plat of Clermont, Lake Highlands 28-22-26 PB 2 PG 28 Public Records of Lake County, Flonda, less nght-of-way for Hooks Street; repealing all ordinances in conflict herewith, providing for severability, publication, recording, and for an effective date. Item No. 9—Resolution No.2016-15 The Vue; Conditional Use Permit City Clerk Ackroyd Howe read Resolution 2016-15 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 multi-family residential. Planning Manager Henschel commented the rezoning request was previously scheduled for public heanngs in Apnl 2016 and discussed at the May 24, 2016 meeting; however, the request was postponed to allow the developer additional time to refine the proposal. The applicant requested a rezoning of 42 acres from C-2 General Commercial and Urban Estate to Planned Unit Development zoning for a mixed use project consisting of a multi-family apartment complex, general commercial uses, retention area, and open space The property is located south of Highway 50, west of Miss Flonda Avenue,and north and south of Hooks Street. The eastern 17 acres were part of a previous Conditional Use Permit for a Planned Unit Development known as Hills of Clermont, and was permitted for C-2 General Commercial uses within Urban Estate zoning. The property is currently vacant. The property south of Hooks Street is currently used as retention and open space The western 13 acres is not part of the Hills of Clermont Planned Unit Development and is zoned C-2 General Commercial The applicant requested the closing of an undeveloped nght-of-way running north/south near the middle of the proposed development. The nght-of-way was platted as part of the ongmnal Lake Highlands Company plat and has existed for over 100 years. Staff recommended approval of the request. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING June 28, 2016 The applicant has proposed two options. Option A proposes six acres of C-2 General Commercial along a portion of Highway 50, with 324 multi-family units on 27 acres. Option B proposes 10.5 acres of C-2 General Commercial along Highway 50 with 258 multi-family units on 22.5 acres. The applicant has identified several waivers required to the Land Development Code to make the site developable as proposed The multi-family units will be constructed in buildings of multi-level construction which may have heights up to 55 feet and retaining walls up to 13 feet in height. The applicant requested a maximum elevation change through cut and fill of up to 15 feet due to excessive grade changes The applicant is requesting a reduced landscape buffer along Highway 50 due to the severe topography of the site towards Hooks Street. The applicant has indicated a 10-foot wide buffer with 30 percent more plantings will be installed The applicant requested the driveways from Highway 50 be allowed below the center line due to the elevation change on the site and would work with the City Engineer to approve proposed grading to ensure adequate outfall and protection to prevent runoff into the finished floor of the buildings. The applicant requested a variance for 9 x 18-foot parking stalls for 30 percent of the parking spaces. The applicant proposes to gate the multi-family portion of the project and requested a variance to allow the gating The applicant is requesting the elimination of a landscape buffer under the Duke Energy power lines. The applicant indicated the current agreement with Duke Energy prohibits landscaping within the high voltage power line easement. The Planned Unit Development will allow all permitted C-2 uses; inclusive of one retailer less than 100,000 square feet but greater than 20,000 square feet The revised site plan dated June 14, 2016 shows the location of the proposed building adjacent to Highway 50. The building will be required to meet all other Land Development codes. The applicant provided staff an initial growth impact report from the Lake County School Board indicating the project would have an estimated impact of 92 students for Option A. A traffic study and school concurrency report would be required pnor to site plan approval The Planning and Zoning Commission voted 4 to 3 to recommend approval of Option B at the May 3, 2016 Planning and Zoning Commission meeting. Staff recommended approval of Option B; however, staff cannot support the waivers as proposed Staff requested adding a condition to Section 3,Number 12 to read. Automotive dealerships and automotive parts sales shall not be allowed within the Planned Unit Development without an amendment. Staff requested a condition stating the existing curb put on Highway 50; to the east of the site, allow access to the lot at the corner of Highway 50 and Miss Florida Avenue The applicant has requested a Conditional Use Permit for up to 12 units per acre for the multi-family portion of the project. Policy 1.9 2 states "Residential development shall be limited to 12 units per acre; however, densities higher than 8 units per acre shall require a Conditional Use Permit." The policy does not state Planned Unit Development zoning. An administrative text amendment to the Comprehensive 9 City of Clermont MINUTES REGULAR COUNCIL MEETING June 28,2016 Plan will be processed at a later date; therefore,the applicant is requesting the Conditional Use Permit and the other details of the project will be contained in the Planned Unit Development zoning ordinance. This would allow the applicant to move forward with the project and be consistent with the Comprehensive Plan. Staff recommended approval of the Conditional Use Permit request to allow 12 units per acre, not to exceed an overall unit count of 324 units. Attorney Cecelia Bonifay; Akerman Law Firm, commented the site was challenging due to the topography. The landscape buffer along Highway 50 has an existing berm under the control of the Department of Transportation and the proposal is for a 10-foot landscape buffer Due to the topography, a retaining wall is proposed, with a 5 foot drop-down and additional parking in front of the commercial structures Landscaping on Hooks Street will not be allowed as there is a swale permitted by the St. Johns River Water Management Distnct The wall height waiver request is for 13-feet where needed,and terracing would be implemented should additional wall height be required. Compact parking is proposed for 30 percent of the spaces, with most of the compact spaces for employee parking around the commercial area The cut and fill waiver is for 5 feet The condition of no automobile dealerships or automotive repairs suggested by staff is acceptable. The cross access suggested by staff is within the determination of Duke Energy and the developer does not have control over the cross access approval. Jonathan Moore and Major Stacy were also present to answer any questions Mayor Ash opened the public heanng. Jim Purvis spoke in favor of the request Mr. Purvis expressed concern regarding school concurrency and requested approval include a 'no go dark' clause. Harry Mason spoke in opposition of the request and expressed concern of setting precedence in regards to parking requirements. Patnck Bianchi; representing the seller of the property located on Highway 50 and Miss Flonda Avenue, stated the site would have to grant his client easement access. Mr. Bianchi spoke in favor of approval, conditioned on Duke Energy's cross access approval Chris Jenkms expressed concern with cnme, lack of green space,and lack of controlled growth. Mayor Ash closed the Public Heanng Mayor Ash recessed the meeting at 8.49pm. Mayor Ash reconvened the meeting at 9.01pm. Attorney Bomfay clanfied providing an easement or cross access is not an issue with the applicant Council Members Bates, Goodgame,Mullins and Travis noted they met with Attorney Bomfay. Council Member Travis spoke of approving the multi-family housing as townhomes or condominiums only,and not for apartments. Council Member Mullins preferred townhomes, condominiums, or garden homes, as opposed to apartments 10 City of Clermont MINUTES REGULAR COUNCIL MEETING June 28, 2016 Council Member Goodgame preferred parking underneath the building to reduce the percentage of compact parking spaces, and including elevators in the residential buildings. Mr Moore commented the parking will be reviewed dunng site development. Mr. Goodgame inquired if deceleration lanes were included in the road cuts. Attorney Bonifay stated the road cuts included deceleration lanes. Council Member Bates asked if the plans included two entrances Planning Manager Henschel stated the Code requires two entrances. Council Member Bates inquired of the access to the commercial area from the residential area. Major Stacey stated there was no internal connection between the commercial and residential area. Council Member Travis preferred approving the commercial portion and have the remaining property as green space. Council Member Goodgame inquired of how the property would be managed. Mr.Moore commented the commercial would have a separate management company from the residential development. Council Member Goodgame asked of having a"no go dark"clause, also known as a"no vacancy"clause. City Attorney Mantzans stated the clause is problematic from an enforcement perspective. Mayor Ash inquired if the residential would be for seniors. Mr. Moore commented the developers have not determined if there will be age restnctions. Council Member Travis asked if the residential area could be townhomes or condominiums. Mr. Moore expressed concern of the profitability of townhomes or condominiums Council Member Mullins moved to approve Ordinance 2016-17 as presented; seconded by Council Member Goodgame. The motion passed 3 to 2 on a roll call vote with Council Member Travis and Mayor Ash opposed. Council Member Mullins moved for adoption of Ordinance 2016-21; seconded by Council Member Goodgame The motion passed 5 to 0 on a roll call vote. Council Member Mullins moved to approve Resolution 2016-15 as amended for up to a maximum of 258 units; seconded by Council Member Bates. Under discussion, Council Member Bates inquired if a denial would disallow the request to return before Council. City Manager Gray stated the applicant would not be able to return for a certain time frame. Council Member Bates preferred the applicant provide more details of the multi-family units City Manager Gray stated Council approved Ordinance 2016-17; which allowed the multi-family units and the Planned Unit Development. Staff will work with the developers on the details of the units dunng the site review process. The motion passed 4 to 1 with Council Member Travis opposed 11 City of Clermont MINUTES REGULAR COUNCIL MEETING June 28, 2016 Item No. 10—Ordinance No. 2016-26 Final, Field Monumentation City Clerk Ackroyd Howe read Ordinance 2016-26 aloud by title only. An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Flonda, amending the Code of Ordinances, Chapter 110 Subdivisions, Section 110-263 Field Monumentation; providing for codification; severability; effective date, and publication Planning Manager Henschel presented the administrative request to update the Land Development Code pertaining to using concrete markers for marking lots in subdivisions The Land Development Code requires concrete markers as opposed to allowing metal rods for marking lots in subdivisions. The change is consistent with the standards in other municipalities Staff recommended approval. Mayor Ash opened the public hearing There were no public comments. Mayor Ash closed the public heanng. Council Member Goodgame moved to approve Ordinance 2016-26, seconded by Council Member Mullins The motion passed 5 to 0 on a roll call vote Item No. 11—Ordinance No. 2016-27 Final, Automotive Dealerships City Clerk Ackroyd Howe read Ordinance 2016-27 aloud by title only. An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Flonda, amending the Code of Ordinances, Chapter 122 Zoning, Section 122-223 Permitted Uses; Section 122-224 Conditional Uses; providing for codification; severability; effective date, and publication. Planning Manager Henschel presented the administrative request to update the Land Development Code pertaining to automotive dealerships. The General Commercial C-2 zoning section of the Land Development Code allows for automotive and truck services, carwashes; and automobile,truck, boat, and farm equipment sales as permitted uses within the zoning distract. Permitted uses do not require City Council approval when developing a site. Staff proposed to move the permitted uses to conditional uses with the Code. Staff recommended approval. Mayor Ash opened the public heanng There were no public comments. Mayor Ash closed the public heanng. Council Member Goodgame moved to approve Ordinance 2016-27; seconded by Council Member Mullins The motion passed 5 to 0 on a roll call vote. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING June 28, 2016 The following four items were heard collectively and voted on separately. Item No. 12—Ordinance No. 2016-23 Final, Citrus Tower Self Storage—Annexation City Clerk Ackroyd Howe read Ordinance 2016-23 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 boundanes; providing for an effective date, severability, recording, and publication. Item No. 13 — Ordinance No. 2016-24 Final, Citrus Tower Self Storage — Comprehensive Plan Amendment City Clerk Ackroyd Howe read Ordinance 2016-24 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Flonda, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Flonda Statutes, setting forth the authonty for adoption of the Small Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Small Scale Comprehensive Plan Amendment, providing for the adoption of the Small Scale Comprehensive Plan Amendment, establishing the legal status of the Small Scale Comprehensive Plan Amendment, providing a severability clause and providing an effective date. Item No. 14—Ordinance No. 2016-25 Final; Citrus Tower Self Storage-Rezoning City Clerk Ackroyd Howe read Ordinance 2016-25 aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Flonda 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 descnbed herein as shown below, providing for severability, effective date,and publication. NEW BUSINESS Item No. 15—Resolution No.2016-23 Citrus Tower Self Storage—Conditional Use Permit City Clerk Ackroyd Howe read Resolution 2016-23 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 self-storage facility occupying more than 20,000 square feet of floor space 13 City of Clermont MINUTES REGULAR COUNCIL MEETING June 28,2016 Senior Planner Kruse presented the request to annex property located at 423 Citrus Tower Boulevard. The property is an enclave in Lake County with the City abutting on all four sides of the property The property is approximately five acres, has several existing structures, and is serviced by well water and a septic system The applicant wishes to receive water and sewer services from the City in order to develop the property into a self-storage facility. Staff recommended approval of the annexation request. Senior Planner Kruse presented the request for a Small Scale Comprehensive Plan Amendment to change the future land use from Lake County's Regional Office to the City's Industnal designation. The applicant and staff initially looked at the Commercial future land use designation, however, floor area ratios would be inconsistent with the Comprehensive Plan. Staff recommended approval of the Small Scale Comprehensive Plan Amendment. Senior Planner Kruse presented the request to rezone the property to C-2 General Commercial to redevelop the property as a self-storage facility Staff recommended approval of the rezoning request Senior Planner Kruse presented the request for a Conditional Use Permit for a self-storage facility with more than 20,000 square feet of floor space. The applicant is proposing to redevelop the property to include seven buildings ranging in size from 3,900 square feet up to 24,750 square feet. The overall square footage will be 90,000 square feet and will be developed to the Land Development Code and meet the City's architectural standards Staff recommended approval of the request. Rick McCoy; Project Engineer,and Bob Thompson; Applicant,were present to answer any questions. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Goodgame asked of the building construction matenal. Mr. Thompson commented the building will be all steel construction and built in three phases. Council Member Mullins inquired of zoning the property to M-1. Senior Planner Kruse stated the preference was rezoning to C-2 City Attorney Mantzans commented changing the zoning would require re-advertising the vanous related requests Council Member Bates asked of the number of units under air conditioning. Mr. Thompson stated 50 percent would be under air conditioning. Council Member Goodgame moved to adopt Ordinance 2016-23; seconded by Council Member Mullins The motion passed 5 to 0 on a roll call vote Council Member Goodgame moved to adopt Ordinance 2016-24, seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote Council Member Goodgame moved to adopt Ordinance 2016-25; seconded by Council Member Mullins The motion passed 5 to 0 on a roll call vote. Council Member Goodgame moved to approve Resolution 2016-23, seconded by Council Member Mullins. The motion passed with all members present voting aye. 14 City of Clermont MINUTES REGULAR COUNCIL MEETING June 28,2016 Item No. 16—Resolution No. 2016-20 Redemption Worship Center—Conditional Use Permit City Clerk Ackroyd Howe read Resolution 2016-20 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 church in the C-2 General Commercial zoning district Senior Planner Kruse presented the request for a Conditional Use Permit to establish a church in the existing Emerald Lakes Shopping Plaza The church plans to meet on Wednesday evenings and Sundays. The hours of operation do no occur at peak business hours for a majority of the other tenants in the shopping plaza. Staff recommended approval of the request. Henry Rubin, Applicant, was present to answer any questions Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing Council Member Bates moved for approval of Resolution 2016-20: seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 17—Resolution No. 2016-21 Pinecrest Lakes Academy—Conditional Use Permit The request was withdrawn by the applicant. ADJOURN: With no further comments,this meeting was adjourned at 10:02pm. APPROVED: dro Gail L. Ash,Ma .r ATTEST:- Tracy A kroy'• Howe, City Clerk 15