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12-13-2016 Regular Council 'City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2016 The Clermont City Council met in a regular meeting on Tuesday, December 13, 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 Mantzaris, and City Clerk Ackroyd Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Anderson gave the invocation followed by the pledge of allegiance. Mayor Ash presented Doris Bloodsworth; Communications Director, with a plaque and a key to the City for her services as Communications Director. PUBLIC COMMENTS Anita Hansen; 3720 Eversholt Street, commented on buildings in Clermont which are not in compliance with the Americans with.Disabilities Act regarding automatic doors. Ms. Hansen provided a list of the addresses to City Manager Gray. Jim Purvis; 4206 Hammersmith Drive, complimented the City and staff for their efforts in decorating the City for the holiday season. Chris Ballard; 16430 Lakeshore Drive, commented on attending a City of Clermont Red Light Camera violation hearing. The higher courts have stated the cameras are unconstitutional and opined the City should not be enforcing the violations. City Attorney Mantzaris stated the City of Clermont Red Light Camera program will be shut down effective January 4, 2017. The Florida.red light camera program will ultimately go before the Florida Supreme Court due to two conflicting District Court decisions. The Florida red light camera program has not been deemed unconstitutional. • Sterling Frye; 1647 First Street, spoke of the snipe sign problem throughout the city and mentioned the various signs which he has removed. Yard sale signs remain after the yard sale is over and mentioned the City of Groveland's permitting process for signs. The permitting process includes receiving a sticker to place on the sign and signs are removed if the sticker is not present. Mayor Ash noted Code Enforcement removes signs on a daily basis. Mr. Frey suggested Council discuss possible solutions at a workshop, appoint an ad hoc committee to provide Council with recommendations,and increase City employee involvement in removing the signs. Charlene Forth; 939 West Desoto Street, stated the sign regulations should be enforced. Ms. Forth addressed issues regarding parking for the recent Light Up Clermont parade. People remained after the parade and homes were blocked in on both sides of the street. Ms. Forth commented when she inquired, she was informed there were not enough "no parking" signs for the area. She suggested the City run buses to assist people in getting to and from the parade and parking areas, and purchase additional "no parking"signs. City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2016 REPORTS City Manager Gray thanked Communications Director Bloodsworth for her outstanding service to the City. The December 27, 2016 Regular Council meeting has been cancelled and city offices will be closed December 23, 2017 through December 26, 2017. The State of the City address will be delivered at the Clermont City Center on January 17, 2017 at 8am, and a Special Council meeting will be held on January 17,2017 at 6:30pm. City Attorney Mantzaris—No report. Council Member Bates congratulated staff for their hard work and efforts for the holiday events. Mr. Bates expressed appreciation to Communications Director Bloodsworth for her service to the City. Council Member Goodgame reported the trees around Center Lake are completely decorated and are beautiful. Staff did an exceptional job,with the tree lights in the downtown area and the banners on Highway 50. Mr. Goodgame expressed he was glad the Red Light Camera program was ending. Council Member Mullins commented on the time it takes for staff to do simple things for the merchants, and staff has done a great job. Mr. Mullins thanked Communications Director Bloodsworth for her service to the City. Council Member Travis reported on attending the Light Up Clermont event and stated the holiday parade was nice. Ms. Travis commented she attended the grand opening of Epic Cycles and sat in for Council Member Goodgame at the Metropolitan Planning Organization meeting. Mayor Ash stated she attended the preview of Epic Cycles. The café at Epic Cycles has special coffees and teas. Ms. Ash commented ori attending Light Up Clermont, the parade, the Lessons and Carols concert at the Performing Arts Center, and viewed The room improvements at the Mike Conley Hospice House. Mayor Ash reported the Lake County Sheriffs' Office won the basketball game against the Clermont Police Department. Ms. Ash attended the Caribbean Club party at Minneola. She reported Crane's View Lodge held a drive to collect blankets for people in need, and the Clermont Police Department and Clermont Fire Department collected over 600 blankets for the drive. Mayor Ash announced Zaxby's was officially open. 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 November 8, 2016 Regular Council Meeting minutes. Item No.2—Plat Approval Consider approval of the Highland Ranch,The Canyons Phase 3 plat. Item No.3—Council Meeting Calendar Consider approval of the Council meeting calendar for 2017. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13,2016 Item No.4—Event Request and Road Closure Consider event and road closures request to allow the Clermont Downtown Partnership to host their annual "Vintage Market and Garden Show"on March 11, 2017. Item No. 5—Event Request and Road Closure Consider event and road closures request to allow the Clermont Downtown Partnership to host their inaugural "Hula-Icioius Mega Food Truck Rally"on January 21, 2017. Item No. 6—Code Enforcement Lien Settlement Consider approval of code enforcement lien settlement with Apex Bank/Bank of Camden for property at 210 and 214 Second Street. Item No. 7—Interlocal Agreement Interlocal agreement with Lake County for the relocation of the City's water main on Johns Lake Road and for the City to pay for the costs associated with the relocation of the water main in the budgeted amount of$177,000.00. Item No.8—Resolution No.2016-49 Consider approval of resolution to amend the Fiscal Year 2017 budget. • Jim Purvis; 4206 Hammersmith Drive,pulled Item 6. Council Member Goodgame moved to approve Consent Agenda items 1 through 8, with the exception=of Item 6; seconded by Council Member Mullins. The motion passed with all members present voting aye. Mr. Purvis requested the history of the code enforcement lien. City Attorney Mantzaris stated the lien was against property located at 210 and 214 2" Street and has been an ongoing issue for Code Enforcement staff The original owner renovated a single family house into a multi-family dwelling and constructed an accessory structure without permits. The main structure fell into disrepair and became dilapidated. The code enforcement action was filed against the original property owner. During the code enforcement action, the property was foreclosed and the bank acquired the property.. In 2013 the City of Clermont issued a code enforcement action against Bank of Camden and the Code Enforcement Board.found the property in violation. The bank appealed the order and there was a series of proceedings to attempt to resolve the issue. The Bank of Camden negotiated a settlement with the City and the settlement was approved by the Code Enforcement Board. The settlement was to pay the City$5,000.,The accessory structure was demolished and the pending appeal was dismissed. The City's code enforcementaction was still in place and the Bank of Camden had until the end of 2015 to repair the main structure. The bank did not meet the deadline and the interest in the property changed to Apex Bank. Apex Bank contacted the City to address the issues and there were a series of meetings and the current settlement was negotiated. The lien has accrued to over $100,000 and the settlement is to reduce the payment to $10,000 and demolish the structure. The structure demolition and payment of $10,000 would be paid within 30 days. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2016 Council Member Goodgame commented the case was the first one he was aware of that staff has settled for an amount which was not brought to the City.Council, and inquired of how the reduction amount was obtained. ' City Attorney Mantzaris stated staff consistently negotiates a settlement of 10 percent of the fine. City Manager Gray commented the code enforcement action has been an ongoing issue and staff believes this is a good resolution to clean up the neighborhood and recover money. Mr. Purvis stated historically the Council does not receive the history on many lien reduction requests. City Attorney Mantzaris stated all of the information was provided as part of the Council meeting packet. City Manager Gray commented he met with each Council Member individually to review the packet and agenda. Charlene Forth; 939 West Desoto Street, expressed concern of the Council not receiving all of the information. Council Member Bates moved for approval of Item 6 on the Consent Agenda; seconded by Council Member Mullins. The motion passed 4 to 1, with Council Member Goodgame in opposition. UNFINISHED BUSINESS Item No.9—Ordinance No.2016-29 Extreme Groves; Comprehensive Plan Amendment The item was withdrawn. Item No. 10—Ordinance No.2016-47 Final; The Vue, Planned Unit Development Waivers City Clerk Ackroyd Howe read Ordinance 2016-47 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. Planning Manager Henschel presentedthe ordinance to amend the Planned Unit Development zoning which was originally:granted in June 2016. Theproperty is located south of Highway 50, west of Miss Florida Avenue, and northand south of Hooks Street. The approval was for .10.5 acres of C-2 General Commercial along Highway 50.and up to 342 multi-family units on the south side of the project fronting Hooks Street. The applicant: has. discovered the originally approved waivers will not allow the development to be constructed as proposed. The applicant has waivers for 13-foot-tall retaining walls and is requesting a 3-foot buffer area between the walls. City code requires a minimum 5-foot buffer area in between the walls. The applicant is requesting up to 40 feet of fill and up to 30 foot cut in portions of the project area. The currently approved ordinance allows for a cut and fill of up to 15 feet throughout the project. 4 City,of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2016 The applicant is requesting 15-foot-tall monument signs due to the existing Florida Department of Transportation berm which runs parallel to Highway 50. The applicant does not feel the allowable 10- foot-tall monument signs will be effective for the businesses. The applicant is requesting an amendment to allow for auto parts sales and service in the parcels adjacent to the Duke Energy power easement; and to add the additional uses of veterinary clinic, self-storage, and assisted living facility. The existing Planned Unit Development ordinance remains in effect with the following Council approved waivers: maximum building height of 55 feet, driveway access andparking for the General Commercial portion may be below the center line of Highway 50, retaining walls up to 13 feet in height, 9 feet by 18 feet parking spaces for 30"percent of'the parking requirements, 10 foot wide landscape buffer along Highway 50 with 30 percent more landscaping, no automotive dealerships or auto parts sales, and omitting the landscape buffer within the Duke Energy easement upon Duke Energy approval. Staff acknowledges a portion of the project was identified in the"Strategic Economic Development Plan" citing topography as a challenge with over 100 feet of elevation change. Staff cannot support the proposed excessive topography changes, reduced landscape buffer between the retaining walls, taller monument signs, and the added automotive uses. Staff recommends denial of the proposed rezoning request. The Planning and Zoning Commission voted unanimously to recommend denial. Council Member Goodgamestated he met with Mr. Moore and walked the property. Mr. Moore showed him the layout and proposed retaining walls and utilities along Highway 50. Council Member Bates commented he met with Mr.Moore and went over the changes to be presented. Council Member Mullins statedhe had a phone conversation with the applicant and suggested the applicant meet with Council in a workshop to present the proposed changes. Council Member Travis commented she had a brief conversation with thea applicant and did not provide PP comment to the applicant. Jonathan Moore; Applicant, stated.the City's cut and fill regulations are impossible to.achieve due to the severe elevation changes on the property. The berm height does not allow for visibility of 10-foot-tall monument signs. Bob Ziegenfuss;,Z Development Services, added the maximum slopes the City's fire trucks can maneuver is of an-,approximate 8 percent grade change. The Americans with Disabilities Act requires the project to provide access from the sidewalk on Highway 50 with a maximum grade change of 5 percent of a running slop,and a 2 percent cross slope. Mayor Ash opened the public hearing. Jim Purvis; 4206 Hammersmith Drive, stated he walked the property with the developer. Mr. Purvis urged Council to make the proposed project a first class project. He spoke in favor of the request for 15-foot tall sign. Mayor Ash closed the public hearing. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2016 Council Member Travis strongly opposed the development change request. The grading request is too much, and the Council was originally opposed to allowing automotive businesses. The City already has approximately 22 percent of the population living in apartments. Ms. Travis was opposed to the apartments,wall,and grade. Council Member Mullins expressed disappointment of the aesthetics, massive cut, the wall dividing the commercial from the apartments, and allowing an oil change business. Mr. Mullins preferred addressing the proposed project in 2017. He suggested denying without prejudice to allow the developer time to work on a proposalafter meeting with Council in a workshop. Council Member Bates liked the commercial portion with the exception of the automotive business; however, he was opposed to the apartments. Mr.Bates was in favor of holding a workshop. Council Member Goodgame spoke in opposition of any automotive type operation; however, the property cannot be developed with commercial on Highway 50 without walls. The proposal offers innovative thinking for an unbuildable piece of property. Mayor Ash commented adjustments can be made to decrease the amount of cut. Ms. Ash spoke in opposition of voting on the variances as presented and spoke in favor of discussing at a workshop. Jonathan Moore clarified the maximum length of the wall would be 30 foot when including the fill allowance. Mr. Moore was in favor of a workshop. City Manager Gray recommended discussing at the February 20, 2017 workshop as there were already three scheduled meetings in January. Council Member Goodgame stated he would be unable to attend on February 20, 2017. City Manager Gray suggested a Thursday evening workshop in January 2017. Council consensus was to hold the workshop on Thursday,January 19, 2017 at 6:30pm. City Attorney Mantzaris asked the applicant of the time necessary to revise his application after the workshop. Mr. Moore stated February 28, 2017 would provide time for any necessary revisions. Council Member Mullins moved to table Ordinance 2016-47 to February 28, 2017, after a workshop discussion on January 19, 2017; secondee d by Council Member Bates. The motion passed with all members present voting aye. City Attorney Mantzaris stated staff will work on special advertising for the workshop. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2016 The next five items were presented concurrently and voted on separately. Item No. 11 —Ordinance No.2016-44 Final;Huber Self-Storage, Annexation City Clerk Ackroyd Howe read Ordinance 2016-44 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, 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. 12—Ordinance No. 2016-45 Final;Huber Self-Storage, Future Land Use Change City Clerk Ackroyd Howe read Ordinance 2016-45 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government ComprehensivePlanningAct, Chapter 163, Part II, Florida Statutes; setting forth the authority 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. 13—Ordinance No. 2016-46 Final;Huber Self-Storage, Rezoning City Clerk Ackroyd Howe read Ordinance 2016-46 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. NEW BUSINESS Item No. 14—Resolution No. 2016-45 Huber Self-Storage City Clerk Ackroyd Howe read Resolution 2016-45 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. Item No. 15—Variance Request Huber Self-Storage Senior Planner Kruse presented the voluntary annexation request for property located west of U.S. Highway 27 and north of Caspian Lane. The property is approximately 6.89 acres and within the City's sewer service area. Water service will be received from the private utility provider in the service area. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2016 The applicant; Huber Group, LLC., wishes to receive services from the City to develop the property into a self-storage facility with a commercial out-parcel. Huber Group, LLC. is requesting a Small Scale Comprehensive Plan amendment to change the future land use from Lake County's Urban.Low Density to the City's Industrial designation. The applicant and staff considered a Commercial future land use designation; however, the floor area ratio maximum for Commercial is 0.25 and the proposed floor area ratio is 0.36. The Industrial future land use was requested as it allows for up to a 1.0.floor area ratio. The property will have conditions to limit the uses and intensity of allowed C-2 General Commercial uses. The zoning of the property would default to Urban Estate upon annexation. The applicant is requesting a change to C-2 General Commercial zoning designation to use the property for commercial purposes. The self-storage facilityiscompatible with-the uses in the area and has a very low trip generation rate for traffic, producing approximately 253 daily trips. The use would buffer the commercial out-parcel from the existing singlefamily residential area. Huber Group, LLC. is requesting a Conditional Use Permit for a self-storage facility with a commercial out-parcel. The proposed storage facility will have two stories with a small office and will have 101,500 square feet. .The proposed commercial out-parcel will have a 6,000 square foot building. The applicant -has provided more parking spaces than required for a retail commercial area. The site will be developed to meet the City's architectural standards. The self-storage facility will be gated and secured. Fencing along or adjacent to roadwayswill be ornamental metal or decorative vinyl/PVC. No outside storage will be allowed. The applicant is requesting five variances in order to develop the property: allow a grading cut and fill up to 16 feet, allow a 16-foot-high retaining wall, allow for the continuation of an existing billboard, allow for the absence of a landscape buffer along internal property lines, and allow fencing up to 8 feet in height. Huber Group, LLC. indicates the existing elevations are challenging for the development of the site for the desired uses and would like to construct the 16-foot-high retaining wall to deal with the elevation changes and help balance-the elevation transition of the site. The applicant intends to landscape the perimeter of thd project; however, would like to eliminate the landscape buffer between the two parcels. Huber Group, LLC. has cited security concerns as the reason for a taller fence. Staff recommended approval of annexation, Small Scale Comprehensive Plan amendment, rezoning, and the Conditional Use Permit. Staff was unable to recommend approval of the variance requests. Attorney Jimmy Crawford; representing Huber Group, LLC., introduced Jim Fox with Huber Group, LLC. and Mike Hale, the project engineer. Huber Group, LLC. agrees with staff recommendations with the exception of the variances. The landscaping variance is for the separate parcel; however, it is not known if there will be:a separate parcel or if a portion of the parcel will be a ground lease; additionally, the entire parcel is landscaped. The 16-foot wall would be cut down into the parcel behind the building, and those behind the wall will not see into a wall. Attorney Crawford commented the Lake County zoning was Planned Commercial, and provided examples of possible allowed uses which included single family, multi family, kennels, mining and quarrying, automotive repair and service, car wash, truck yard, restaurants,retail, self-service laundry,junk yard, and warehouses. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2016 Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Travis asked if the entire parcel would be rezoned to industrial. Senior Planner Kruse stated the entire parcel would be rezoned to industrial,which would include commercial uses. Attorney Crawford pointed out the Conditional Use Permit limits the uses allowed on the property. Council Member Goodgame inquired of paying to connect to the City's sewer service. City Manager Gray stated the applicant would pay to connect to the City's sewer service. Council Member Goodgame asked what the houses behind the project would view. Attorney Crawford commented there is currently a wall on the south end, which sits evenly and there is a cut on the north end. Mike Hale; Civil Engineer for the project, reviewed cross sections A and B of the proposed project and the various elevations and landscaping of the project. The proposed development would be subject to the City's architectural design standards, and some of the variances requested may not be necessary after the final design has been submitted and reviewed. Council Member Goodgame inquired of the view from the church. Mr. Hale stated the church would view the slope going down the hill and would see part of the upper level of the storage unit. Council. Member Goodgame opined Huber Group, LLC. should provide landscaping in the area. Attorney Crawford stated Huber Group LLC. will work with the church on additional landscaping; however,the type and location of the additional landscaping would be left up to the church. Jim Fox; Huber Group, LLC., stated the parcel belonging to the Home Owners Association has a number of existing trees and landscaping and is part of the grassed stormwater retention area. Huber Group, LLC. currently does not haveapproval to°cross.the property; however, Huber Group, LLC. will continue to work with the Home Owners Association. Council Member Bates asked of any contact with the homeowners. Attorney Crawford stated Huber Group,LLC sent letters and contacted the Home Owners Association president. Council Member Mullins inquired if the storage facility was accessed from the outside or was it air conditioned with interior access. Mr. Fox commented the self-storage area was a climate controlled facility with interior access. Council Member Mullins asked of anyy contract regarding the billboard. Attorney Crawford stated there is a contract regarding the billboard. Council Member Mullins inquired of the various monument signs. Mr. Hale stated separate signs would serve the commercial lease area, storage facility, and the third sign would be a secondary ancillary sign. City Manager Gray commented the signs meet City Code and Huber Group, LLC. is not requesting a sign variance. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2016 Council Member Mullins asked if a tattoo parlor or medical marijuana dispensary could be located in the commercial area. Senior Planner Kruse stated a tattoo parlor use would a rezoning. Council Member Travis inquired of zoning the parcel with the land use as C-2 Commercial. Senior Planner Kruse commented the floor area ratio exceeds the maximum allowed in the C-2 Commercial zoning designation. Mayor Ash asked of the location where the landscape buffer would be excluded. Attorney Crawford stated if a portion of the parcel were leased, a.variance would not be required; however, Huber Group, LLC. would like to have the ability to sell a portion of the parcel. A landscape buffer would encircle the entire property. City Manager Gray commented the intent of the code is being met. Council Member Goodgame moved to adopt Ordinance 2016-44; seconded by Council Member Mullins. The motion passed 5-to 0 on a roll vote. Council Member Bates moved to approve.Ordinance 2016-45; seconded by Council MemberMullins. Themotion passed 5 to 0 on a roll call vote. Council Member Goodgame moved to approve Ordinance 2016-46; seconded by Council Member Bates. The:motion passed 5 to 0 on a roll call vote. Council Member Bates moved:to--approve Resolution 2016-.45; seconded by Council Member Mullins..Themotionpassed with all members present voting aye. Council Member Goodgame moved to approve the grading cut and fill variance request; seconded by..Council Member Mullins: The motion passed with all members present voting aye. Council Member Goodgame moved to approve the retaining wall height variance request; seconded by Council`Meinber'Bates. The motion passed with all members present voting aye. Council Member Bates moved to deny the continuance of the billboard sign; seconded by Council Member Goodgame. The motion to deny passed.with all members present voting.aye. Council Member Goodgame moved to approve the landscape buffer variance request; seconded by-Council.:Member. Mullins. The motion passed with all members present voting aye. Council Member Goodgame moved to approve ornamental fencing up to 8 feet in height fencing; seconded by Council Member Mullins. The motion passed with all members present voting aye. City Attorney Mantzaris clarified if the intent of the Council was for the billboard to be removed when the property is developed, the variances should be conditioned upon the removal of the sign. 10 City of Clermont :MINUTES REGULAR REGULAR COUNCIL MEETING December 13, 2016 Council Member Goodgame so moved; seconded by Council Member Bates. The motion passed with allmembers present voting ave. Mayor Ash recessed the meeting at 8:40pm. Mayor Ash reconvened the meeting at 8:51pm. The next 3 items were heard concurrently and voted separately. Item No. 16—Ordinance No. 2016-38 Introduction; South Lake Medical Arts Center, Future Land Use Change City Clerk Ackroyd Howe read Ordinance 2016-38 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, Florida, 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 A mendment setting forth the purpose and intent of the Large Scale ComprehensivePlan 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. 17—Resolution No.2016-42 South Lake Medical Arts Center, Conditional Use Permit City Clerk Ackroyd Howe read Resolution 2016-42 aloud by title only. A Resolution of the City council of the City of Clermont, Lake County, Florida, granting an amendment to a Conditional Use Permit (Resolution 1485) to allow for multi-family use. • Item No. 18—Variance Request South Lake Medical Arts Center Planning Manager Henschel presented the future land use change, Conditional Use Permit, and variance request collectively. The property is located at the southwest corner of Oakley Seaver.Drive and Citrus Tower Boulevard. The site was approved in 2006 through a Conditional Use Permit for a 116,000 square foot office complex with a parking garage. The site currently is developed with professional offices, with the exception of two 14,000 square foot building Pads.formally proposed to be three-story buildings. The owner; Belgian Capital Fund,LLC ,is requesting to convert the use of the two building pads to a 144-unit multifamily development to serve the medical community. The units will be one-bedroom units, studio units, arid two-bedroom units: Staff recommended approval of the Conditional Use Permit. The Planning and Zoning Commission recommended denial of the Conditional Use Permit. The owner is requesting a variance to allow for a building height increase from 45 feet to 70 feet. The variance is for the proposed 144-unit multifamily building and will be located adjacent to the existing parking garage within the South Lake Medical Arts Center. Staff recommended denial of the variance request. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2016 Belgian Capital Fund, LLC., is requesting a future land use change for 12.01 acres from the Office future land use category to the Residential/Office future land use category. The change will allow the development of residential units within the South Lake Medical Arts Center project. The Residential/Office future land use category allows up to 12 units per acre and a 0.25 floor area ratio for office use. The change in traffic demand is a reduction in daily trips by over half of the volume. The change to residential units may have an effect on the Lake County School District, and a school capacity report will be required prior to site plan approval. Upon approval by the Council, the proposed amendment would be transmitted to the Florida Department of Economic Opportunity and other reviewing agencies for review. Staff recommended approval of the transmittal to change the future land use to Residential/Office. The Planning and Zoning Commission recommended denial of the transmittal. Attorney Jimmy Crawford; representing Belgian Capital Fund, LLC., commented the proposed project is an innovative plan adjacent to South Lake Hospital and the National Training Center and designed for young professionals, athletes, and single people of all ages. One hundred twenty-two of the proposed units will be one bedroom or studio units, and 12 of the proposed units will be two-bedroom units. The units are interior secured hallways, elevators, and secured key fob access to the parking and the building. The student generation study indicates the proposed project will generate 4 students. John DiGiovanni; representing the developer Inland Atlantic, and Jan Hendrickx; Manager of Belgian Capital Fund, LLC., were present. South Lake Medical Arts was approved and platted in 2006. The developer at the time placed more than half of the density of the volume of the medical office facility into only 2 of the 15 lots. The 13 lots are between 3,000 and 8,000 square feet and 2 lots were proposed for 33,000 square foot each for a total of 66,000 square feet. In 2011,the property ended up in Belgian Capital Fund, LLC.'s ownership. During the course of time, the City had code enforcement actions against the property which resulted in a final lien amount of$305,000. The City reduced the lien and the project has remained in compliance. The worst of the code violations were caused by more than 50 percent of the facility being empty. The Association was approached with the concept as the association documents consider residential use only as a conditional use. The majority voted for approval, including the Veterans Affairs owner and Lake County. The objections others expressed included traffic concerns, parking, the poor condition of the center over time, and not wanting residential. Traffic studies indicate there would be less trips per day for the residential use, City Code requires less parking for the residential use,the residential use will be marketed to high end renters,and mixed use has proven to be beneficial throughout Central Florida. The proposed project is for team, occupational, and athlete rentals and will be built to condominium standards. The proposal includes additional bicycle racks, balcony and porch storage, a pedestrian ramp, and access to mass transit.Units will be set aside for short term use, which will benefit athletes who come to Clermont for training. Attorney Crawford stated the building height works in the location as the complex is built lower than the surrounding area. The peak of the roof would be 35 feet above Citrus Tower Boulevard and will be lower in height than the South Lake Hospital facilities. The proposed development is in a developed project and the pads are in, utilities are already installed, the roads are developed, and the parking garage already exists. 12 City of Clermont `,:MINUTES REGULAR COUNCIL MEETING December 13, 2016 The owner has contacted neighbors; including the surrounding businesses, and all expressed support of the proposed project. The National Training Center, PFX Athletics, and City staff were contactedfor suggestions in:developing-the_project for short and medium term rentals. John DeGiovanni; Inland.Atlantic Development, presented renderings of the proposed Lofts at South Lake. The proposed building is a condo style residential building geared to young professionals, the National Training Center, and South Lake Hospital. The building is secure and will have climate controlled hallways, an elevator, 15 foot ceilings on the first floor, and 9 foot ceilings for the remaining floors. Mayor Ash opened the public hearing. Doctor Christopher Johnson; MD and surgeon, stated the owners of the complex were contacted by John Schmidt in July, 2016. John DeGiovanni contacted the owners in August, 2016 and noted he was aware of the concernsthe ownershad of the proposed project and apologized for how the owners were made aware of the project. The owners held a meeting October, 2016, given a proxy, and were informed 68 ,percent of the vote was already in favor of the project. Mr. DeGiovanni informed the owners the intent was to sell the project to another investor,and the doctors would be locked into an apartment complex. Doctor Anthony Saranitas spoke in opposition of placing residential units in a commercial park. The physician owners,are opposed to the proposed project and want the complex to remain a medical complex. Doctor,Saramtas expressed concern of the maintenance of the complex. Doctor Julio Paez spoke in agreement with the previous speakers who were opposed to the proposed project. Doctor Paez expressed-concern of ownership changes in the future. Doctors are coming to the Clermont community and office space is needed. Doctor Bhatta expressed concern of the effect the proposed project would have on the work environment for physicians, staff,and patients. Mike Cullison; employed with Tire Kingdom, spoke in support of the project. Victoria Beaucher; 1555 Misty Glen Lane, spoke in support of the project. The project represents the highest and best use of the land. Ms.Beaucher urged Council to vote in favor of the proposed project. Doctor Aashiv Hari spoke in opposition of the project. Doctor Sawh Annil spoke in opposition of the project and expressed concern of the potential renters. Michelle; representing Clermont Pediatrics, expressed concern of the parking garage and grounds security. Jim Purvis; 4206 Hammersmith Drive, commented the complex had issues with vandalism, trash, and lack of maintenance for many years. Mr. Purvis was in favor of the concept; however, it is not the right location. Allison Strange; PFX Athletics, stated the project would provide the necessary short term housing for the athletes who train in Clermont. 13 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2016 Charlene Forth; 939 West Desoto Street, commented on the inability to regulate who would be renting. Mayor Ash closed the public hearing. John DeGiovanni stated the project will cost between $18 and $20 million and the Inland Atlantic Board has decided to keep the project as opposed to selling the project. Attorney Crawford provided a rebuttal from the doctors' comments. The objection stated the most was the doctors only want the complex for medical offices. The facts indicate there is a 43 percent vacancy rate with medical offices. Belgian Capital has tried since 2011 to sell the two parcels for any type of medical facility. The proposed project will have a Class A developer, is functionally separate, and resolves the security issues of the parking garage. Mayor Ash recessed the meeting at 10:14pm. Mayor Ash reconvened the meeting at 10:24pm. Council Member Bates noted he met with the developer and addressed concerns of the landscaping and of the doctors original understanding of buying into a medical community. Mr. Bates stated he looked at the property in Lake Mary and it is a nice product and would attract the younger generations the City is seeking. He expressed concern of the location. Council Member Goodgame noted he spoke with John Schmidt. Mr. Goodgame asked of plans for on- site management and suggested having an age restriction which does not allow children. Mr. DeGiovanni stated there would be on-site management and maintenance. Attorney Crawford indicated not allowing children would be researched from a legal perspective. Council Member Mullins commented the use appears to be a good solution to the problems of the complex. Council Member Travis stated a seven-month rental is not considered short term. Athletic groups who contact her want to stay together as a team. People do not want to pay $1,500 to $1,800 per month for rent, and the project does not provide them with the options they want; ownership of a condo type housing. Ms. Travis spoke in opposition of an apartment complex in the middle of a medical complex and inquired if the vacant pads had been listed for sale. Attorney Crawford commented the vacant pads have been listed for over 10 years and potential occupants are not interested in a 60,000 square foot building. Mayor Ash stated the doctors bought into a medical center and having the mixed use at the location is not appropriate unless the areas are completely separated. Attorney Crawford commented the applicant would be willing to separate the two areas. Doctor Johnson indicated the doctors would be agreeable to a complete separation. City Attorney Mantzaris expressed concern staff has not reviewed the new option layout of separating the two areas. Staff would need to review items such as the proposed wall, property line, and maintenance. The City would also require a subdivision of the lot with a joint access agreement. 14 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2016 Attorney Crawford asked for the request to be tabled to February 14, 2017. Council Member Goodgame moved to table all three items for South Lake Medical Arts to February 14,_2017; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 19—Ordinance No. 2016-40 Transmittal;Density Amendment City Clerk Ackroyd Howe read Ordinance No. 2016-40 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending the Comprehensive Plan of the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting text changes to the Future Land Use Element of the Comprehensive Plan to amend the maximum density for the downtown mixed use future land use category; setting forth the authority for adoption of the Comprehensive Plan amendments; setting forth the purpose and intent of the Comprehensive Plan amendments; establishing the legal status of the Comprehensive Plan amendments; providing for severability, conflict and an effective date. Planning Director Hollerand presented the administrative request for a proposed Comprehensive Plan Amendment to increase the residential density of the Downtown Mixed Use future land use classification from a maximum of 12 units per acre up to 40 units per acre. The Downtown and Waterfront Master Plan has characterized development in the downtown core to allow 25 to 40 residential units per acre. Currently the City's maximum is 12 units per acre, with fewer than 650 people living in.the Central Business District. UDP Consulting prepared a density study which noted the existing 12.units per acre has done little to attract downtown redevelopment. The City Council held a workshop on the proposed density changes in the Downtown Mixed Use/Central Business District area. An alternate proposal was discussed which increased the base density to 25 units per acre and allows for a density bonus of up to a maximum of 40 units per acre. The majority of the properties in the Downtown MixedUse/Central Business District area would likely develop at less than 40 units per acre due to lot size, parking limitations, and height limitations. Staff recommended changes to the City's Land Development Regulations be made in early 2017 to define criteria for higher-density residential. _ Staff recommended approval ,of the Comprehensive Plan Amendment. The Planning and Zoning Commission unanimously recommended approval of the Comprehensive Plan Amendment. Richard Levy; Levy Consulting,was present to answer any questions. Mayor Ash commented her understanding was a different proposal would be presented. City Manager Gray stated the presentation was the one heard by the Planning and Zoning Commission. Staffs recommendation is 25 units per acre with a density bonus up to 40 units per acre, which will be transmitted to the Department of Economic Opportunity. City Attorney Mantzaris commented should Council wish to pursue another option for public discussion, Council could come to a consensus for public discussion purposes. 15 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2016 Council consensus was to allow up to 25 units per acre with a density bonus up to 40 units per acre in a limited area, with certain criteria for the 40 units per acre. Mayor Ash opened the public hearing. David Colby; South Lake Chamber of Commerce President, read a statement in support of increasing the density to 25 units per acre with a bonus of 40 units per acre. Mr. Colby stated the business community supported the density increases. Allison Strange spoke in favor of the density increase. Jim Purvis; 4206 Hammersmith Drive,thanked Mayor Ash for delineating the consensus of Council. Charlene Forth; 939 West Desoto Street, asked where the 40 units per acre figure came from. City Manager Gray stated the 40 units per acre was recommended by GM in the Master Plan study. Charlene Forth commented on her understanding the hearing would be in January 2017 and expressed opposition to increasing the density of 40 units per acre. Mark Graff; 1944 Brantley Circle, commented density belongs in the center of a city and spoke in favor of increasing the density. David Wallace; 16953 Winter Road,Montverde,Florida, spoke in favor of increasing the density. Mayor Ash closed the public hearing. Mayor Ash stated the hearing was for the transmittal of the Ordinance to the Department of Economic Opportunity. The final hearing of the Ordinance will be held in the March 2017 timeframe. Council Member Mullins asked of including requiring block construction in the transmittal. City Manager Gray commented changes to the land development regulations would cover block construction and a workshop would be scheduled to review the regulations. Council Member Travis moved totransmit with twenty-five and forty units per acre as recommended by staff; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. Item No.20—Ordinance No. 2017-02 Introduction;Kings Crossing Commercial, Rezoning City Clerk Ackroyd Howe read Ordinance 2017-02 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. Council Member.Mullins moved to introduce Ordinance 2017-02; seconded by Council Member Goodgame. The motion passed with all members present voting aye. 16 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2016 ADJOURN: With no further comments,this meeting was adjourned at 11:20pm. APPROVED: t:::2))f2(z":Ase___ "Gai L. Ash, Mayo ATTE T: Tracy Ackr.yd Howe, City Clerk 17