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08-28-2018 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING 41110 August 28,2018 The City Council met in a regular meeting on Tuesday, August 28, 2018 in the Clermont City Council Chambers. Mayor Ash called the meeting to order at 6:30pm with the following Council Members present: Council Members Brishke,Travis. Bates, and Goodgame. Other City officials present were City Manager Gray,City Attorney Mantzaris,and Deputy City Clerk Zinker. INVOCATION AND PLEDGE OF ALLEGIANCE Brian Broadway gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Cooper Memorial Library George Taylor, Director of Library Services for Lake County introduced Commissioner Breeden, Dr. Stanley Sidor with Lake Sumter Community College, Carol Harris with Cooper Memorial Library Association, and Dotty Dill with Pastfinders of South Lake County Genealogy Society. Mr. Taylor presented the background of Cooper Memorial Library, Activities and Programs, Budget, Current Programs, Expanded Programs and Services, Cooper Memorial Library's Request, and the increased benefits. Commissioner Breeden thanked Council for their time and expressed support for the library's request for programs at night to serve more people who work later in the evening as well as programs to help families during the weekend. Dr. Sidor stated Lake Sumter Community College added 220 new students to the campus this year. New partnerships which are forming will bring more students to the campus in the next few years who will need to take advantage of the library's services. City Manager Gray clarified Cooper Memorial Library is requesting a cost of$79,920 to be placed in the Fiscal Year 2019 budget. Council Member Goodgame requested the subject be placed on a workshop. City Manager Gray stated there are no workshops coming up before the Public Budget Hearings, but the subject can be placed on the first Public Budget Hearing at Council's discretion. Commissioner Breeden clarified the cost includes University of Central Florida who are also in favor of additional hours although their budget cannot support adding hours. Minneola and Monteverde support their own libraries. Mayor Ash inquired if the County budget does not have the funds to support the requested changes. Commissioner Breeden stated the County does not have the budget for the changes in hours and staff as the County is currently investing between $600,000-$700,000 to operate the library. Mayor Ash expressed the desire to hear from the public on their comments and opinions regarding the request. PUBLIC COMMENTS Choice Edwards, 2062 Dobson Street, expressed opposition to the relocation of the Edmund Kirby Smith statue to Lake County and requested the City Council issue a resolution in opposition to the placement of such statues in Lake County. June Wilkinson, 620 Villa Court, thanked the City Council for the approval of no-parking signs for her development. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING • August 28,2018 Jim Purvis, 4206 Hammersmith Drive, expressed concern regarding misplacement of campaign signs for County candidates and asked City staff to look into penalizing any violators. REPORTS City Manager Gray reported the First Budget Public Hearing will be September 6, 2018 at 6:30 PM and City Hall will be closed on Monday, September 2,2018 in observance of Labor Day. Item no. 9 has been requested to be tabled to the September 11,2018 Council Meeting: Item No.9—Resolution No.2018-30R,Child's Ice Machine Deputy City Clerk Zinker read Resolution No.2018-30R 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 a commercial outdoor ice machine in the C-1 Light Commercial zoning district. Council Member Bates moved to table Resolution No. 2018-30R to September 11, 2018; seconded by Council Member Goodgame. This motion passed with all members present voting aye. City Attorney Mantzaris— No report. Council Member Bates reminded everyone of the September 11 memorial ceremony at the Arts and Recreation Center at 10:00 AM on September 11,2018. • Council Member Goodgame—No report. Council Member Brishke reported on July 27 and July 28,she attended the Educational Foundation of Lake County's 13th annual Stepping Out For Education Event.On August 16, 17,and 18,she attended the Florida League of Cities Conference where Clermont was recognized for receiving the Spirit Award. Council Member Travis reported on August 16,she attended the grand ribbon cutting at Hickory Pointe for the new athletic center for the U.S. Volleyball complex. On August 17,she went to the Florida League of Cities and attended a seminar. Mayor Ash reported on August 17,she attended the Clermont Chamber of Commerce Breakfast at the City Center. Later that day, she attended the retirement luncheon for Lieutenant Bernie Lee Drew. On August 18, she held her Coffee with the Mayor at the Solid Rock Martial Arts Academy on 8th Street where she handed out a list of newly opened and upcoming businesses in the City. On August 21, she attended a Seniors Day Luncheon at Orchard Heights Community.On August 27,she attended the Lake Apopka Gas Board Meeting where emphasis was on the proposed budget for the next fiscal year as well as new developments in the area. 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. I—Meeting Minutes Consider approval of the August 14, 2018 Regular Council Meeting Minutes. Item No. 2—Fee Reduction Request Consider fee reduction for 2019 Spring Games. • 2 City of Clermont MINUTES REGULAR COUNCIL MEETING • August 28,2018 Item No.3—Contract Award Consider request to piggyback the School Board of Brevard County contract with Tank Wizards, Inc.to provide fuel tank cleaning in the budgeted amount of$53,000. Council Member Bates moved to approve the Consent Agenda:second by Council Member Travis. This motion passed with all members present voting aye. UNFINISHED BUSINESS Item No.4—Resolution No.2018-11, 7-Eleven Deputy City Clerk Zinker read Resolution No.2018-11 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 a convenience store with fuel sales in the C-1 Light Commercial zoning district. Senior Planner Kruse presented applicant's request for a Conditional Use Permit to allow a convenience store with gas pumps in the C-1 Light Commercial district.The applicant is proposing a 3,000 square foot convenience store with access from State Road 50 and East Avenue. The applicant has not identified a variance request.The applicant is proposing 16 fueling positions. It is evident that the addition of this use at this location will generate more daily trips at the intersection and on the roads serving the proposed development.Staff expressed concern for traffic on this corridor as well as to the health,safety and general welfare of persons residing or working in the vicinity.Staff recommended denial of the request. • Attorney Tara Tedrow of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., representing the applicant, showed various views of the subject property and provided the project overview,the applicant's request, the site design, traffic design, traffic trips, and an overview of the Conditional Use Permit criteria. The City's code permits a convenience store with fuel pumps through a Conditional Use Permit.The site design is for a 3,000 square foot design with a reduced number of fuel islands based on the feedback received from the Planning and Zoning Board.The site design is in compliance with the overlay design standards which have not yet been adopted. The property will be heavily landscaped along East Avenue with bicycle connectivity and the applicant would be willing to have safety warning lights at the entrances and exits should the Council request it. The subject site design has a dedicated pedestrian lane to enter the property so pedestrians would not use the vehicle entrances to enter into the property.The applicant will be acquiring an egress to allow access for exit to 2nd Street alleviating potential traffic on East Avenue. Florida Department of Transportation indicated approval of traffic access plan for State Road 50 with no suggested changes. Lake Sumter Metropolitan Planning Organization gave recommendations for safe, secure and a convenient system for pedestrians and bicyclists which provide direct non-motorized access,linkages,and cut-throughs. Muhammed Abdallah, Traffic and Mobility Consultants, stated a traffic analysis was prepared for the subject request.When the site design had only two access points,the proposed project could work,but now with three access points the proposed project can definitely be done. By dropping the vehicle fuel islands, the site design has more room for cars to circulate on site. The proposed site use would not be generating new traffic and would generate less than one percent of added traffic through the intersection. Attorney Tedrow summarized information presented and stated site uses which would make sense for the property is either fast food or a fuel station. • Mayor Ash opened the Public Hearing. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING • August 28,2018 Jim Purvis,4206 Hammersmith Drive,expressed opposition to the request. Allison Strange, 1120 W. Lakeshore Drive, expressed concerns regarding Clermont Elementary School pedestrian traffic, environmental concerns with abandoned gas stations and the proposal is against staff recommendation. Hal Turville, 150 W.Minnehaha Avenue,expressed concern with the presentation given the proposed third access may not be available due to parking agreements. Franklin Forth, 955 W. Desoto Street, expressed opposition to the request and concerns with the aforementioned traffic study. Andrea Simmons,940 2nd Street,expressed concerns for traffic increase and safety. Jean Tirri, 8022 Lake Nellie, expressed support of proposed use and concern with Council rejecting previous proposed uses. Raul Salabarria,332 W.Minnehaha Avenue,expressed concern of traffic risks. Mayor Ash closed the Public Hearing. Attorney Tedrow clarified, in response to the general concern of traffic, the last four years shows 64 reported incidences at that intersection. Council Member Bates disclosed he spoke with the applicant several months ago. • Council Member Goodgame disclosed he spoke with the applicant prior to the meeting. Council Member Travis disclosed she spoke with the applicant on environmental issues and bicycle safety. Council Member Bates expressed opposition with applicant's request.Council Member Brishke conveyed agreement with Council Member Bates. Council Member Travis stated during the boat ramp discussions, residents had concerns about safety for kids going to school, but the boat ramp was approved.A gas station would be convenient for the boaters. Council Member Goodgame expressed concern for the lack of a deceleration lane to enter the property for vehicles traveling east on Highway 50.There is a drop off from Highway 50,which is very dangerous for traffic.The presence of school kids also makes the location not safe for the proposed use. Mayor Ash expressed agreement with all of the positives and negatives for this proposed use, but the negative out-weighs the positive especially when there are concerns with children's safety. Council Member Brishke inquired of staff if there is any way to mitigate traffic concerns for future proposed uses. Council Member Travis inquired about allowable uses.Senior Planner Kruse stated retail business,personal services, professional offices, bank, dwellings in R-3, buildings maintained by the City, and places of worship would be allowed. Council Member Bates moved to deny Resolution No. 2018-11: seconded by Council Member Goodgame. The motion passed 4 to 1 with Council Member Travis voting in opposition. • 4 City of Clermont MINUTES REGULAR COUNCIL MEETING • August 28,2018 Item No.5—Ordinance No.2018-28,Final, Parking Code Amendment Deputy City Clerk Zinker read Ordinance No.2018-28 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 98 Parking and Vehicular Use Areas;and Chapter 118 Vegetation;providing for codification;severability;effective date; and publication. Development Services Director Henschel presented staff's request for changes to the City Parking Code which reduce or modify parking requirements for several land use categories including,most notably,retail, commercial retail centers,warehousing and wholesaling uses. Staff conducted extensive research to arrive at the recommended parking requirements, including a comparison between other cities, discussions with the business community and testing the recommended requirements on existing commercial and industrial properties to gauge their level of impact.Staff also conducted several field surveys of existing commercial and industrial properties to verify actual parking demands.Staff recommends approval. Mayor Ash opened the Public Hearing. Keith Mullins, 640 Drew Avenue, expressed concern regarding small shopping centers and suggested a special category for intensive use. Mayor Ash closed the Public Hearing. Council Member Bates inquired if green space would take over the reduced area of the parking lot or if the • potential applicants would be able to make the building larger. Development Services Director Henschel stated the potential applicants could make their buildings larger. Mayor Ash expressed concern regarding half of the parking spaces at local stores not being used.Council Member Brishke expressed agreement with Mayor Ash, but requested Council revisit the subject and approach it from the perspective of the smaller businesses with the changes affecting only the larger stores. Council Member Goodgame expressed concern with the needs for parking changes based on the changing of stores occupying the buildings. Mayor Ash suggested approving the proposed changes to the parking code and trust staff to communicate with the developers as the situations arise. Council Member Goodgame requested clarification regarding parking spaces being reduced to 18-feet. Development Services Director Henschel clarified spaces abutting the landscape buffers will be the only ones to be reduced to 18 feet but will have an additional 24 inches of mulch or landscaping between the end of the parking space and the start of the landscape buffer. Council Member Bates moved to approve Ordinance No. 2018-28; seconded by Council Member Travis. The motion passed 4 to 1 with Council Member Goodgame voting in opposition. Mayor Ash recessed at 8:36pm.The meeting was reconvened at 8:46pm. The following two items were heard consecutively and voted on separately. • 5 City of Clermont MINUTES REGULAR COUNCIL MEETING • August 28,2018 Item No.6—Resolution No.2018-16R,Kings Crossing Deputy City Clerk Zinker read Resolution No.2018-16R 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 tire store with eight bay service bays in the Kings Crossing Planned Unit Development zoning district. Item No.7—Variance Request,Kings Crossing Development Services Director Henschel presented applicant's request for a Conditional Use Permit to allow for a 5,400 square foot tire store with eight service bays in the Planned Unit Development zoning district as well as a variance for a reduction of four parking spaces instead of the number as required by the Land Development Code. Staff recommended denial for the Conditional Use Permit and the variance request.The applicant submitted a noise study. Attorney Jimmy Crawford, representative of the applicant, stated the information previously presented at the July 24, 2018 Council Meeting still applied to this request. The applicant hired RLM Acoustics, a company who was hired by the City for a separate matter,to conduct a noise study.Page seven of the noise study shows a summary table of the three tools typically used by tire stores. Under the conclusion of the study, there are no adverse impacts on Bella Lago. Council previously asked staff to include enforceable language regarding noise ordinance which is included in condition number six. Randy Langley,property owner,6680 Gulf of Mexico Drive,provided the background history of his family and the subject property. 411111, Mayor Ash opened the Public Hearing. The following expressed opposition to the tire store request: Sylvester Makowski,3813 Scarborough Court Dorothy Schneider,3563 Chessington Street Richard Bauer, 1789 Bella Lago Drive Dave Thorsen, 1813 Bella Lago Drive Ellen Coil,3554 Mediterra Drive Eric Fincham,3522 Mediterra Drive Chris Devuyst, 19703 Earth Star Lane, Jim Purvis,4206 Hammersmith Drive,expressed support to the Tire Store. Angie Langley, 16834 Florence View Drive,stated she never owned any portion of the subject property. Mayor Ash closed the Public Hearing. Attorney Jimmy Crawford clarified the proposed use would not be an environmental issue for Lake Felter and residents' desire to not have a tire store at this location is not grounds for denial. Council Member Travis conveyed support for the request due to the feasibility study and noise study showing positive findings. Council Member Bates spoke in opposition to the request. Council Member Bates inquired about Chik-fil-a stimulating other possibilities for the subject property. Attorney Crawford stated himself and the applicant do not foresee getting more possibilities. • 6 City of Clermont MINUTES REGULAR COUNCIL MEETING • August 28,2018 Mayor Ash expressed opposition towards the request stating a tire store would not be the best use of a C-1 zoned area. Council Member Bates moved to deny Resolution No. 2018-16R: seconded by Council Member Goodgame:The motion passed with all members present voting aye. NEW BUSINESS Item No.8—Resolution No.2018-22R Deputy City Clerk Zinker read Resolution No.2018-22R aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida,granting a Conditional Use Permit to amend(Resolution No.2016-03)to allow a six-foot-high fence instead of landscaping as required by the stated conditions of Resolution as granted in the R-3 Residential/Professional zoning district. Development Services Director Henschel presented the applicants request to amend a Conditional Use Permit to allow a six-foot high fence instead of the intensified landscaping along the south eastern property line where children play outside as required by the stated conditions of the Resolution. The property is located at 983 West Desoto Street and the current use is a Montessori School.The applicant has requested and has been granted several amendments to the original Conditional Use Permit. The parcel was brought before the Clermont Special Magistrate for code compliance issues,lack of landscape buffer along the south property line and curbing issue within the parking lot.Staff recommended denial and Planning and Zoning • Commission voted to recommend denial. Attorney Jimmy Crawford, representative of applicant, stated there currently is a fence installed where a landscaping buffer once required.There is a wall of vegetation on the adjacent property which runs along the fence.Current Conditional Use Permits states all conditions in Resolution No.2016-03 and Resolution No. 1199 shall remain in effect unless otherwise noted by this Conditional Use Permit or updated with an approved site plan.The approved site plan,which was signed off by the City,has no landscaping buffer. Mayor Ash opened the Public Hearing. The following expressed support for the Conditional Use Permit: Alyson Johnson,525 West Minneola Avenue Tracy McCoy,406 Nuestra Place Ruth Villante Sue Cordova,2768 Kingston Ridge Drive Kevin Giguere, 5231 Fussell Road Sherry Giguere,5231 Fussell Road Mariellen Batchelor,3215 N.Orange Avenue Jan Sheldon, 17521 State Road 19 Sherryl Parker, 14102 Greater Pines Boulevard • 7 City of Clermont MINUTES REGULAR COUNCIL MEETING • August 28,2018 The following expressed opposition to the Conditional Use Permit: Franklin Forth,955 W.Desoto Street Charles Forth,939 W.Desoto Street Charlene Forth,939 W.Desoto Street Jim Purvis,4206 Hammersmith Drive Mayor Ash closed the Public Hearing. Attorney Jimmy Crawford presented an e-mail from Cheryl King and requested Council to amend the Conditional Use Permit. Council Member Bates asked if there are any codes against having the fence.City Manager Gray confirmed there are no such codes. Council Member Travis inquired if the fence was permitted. Development Services Director Henschel confirmed the fence was permitted in 1999. Attorney Mantzaris clarified the current fence was a replacement for the fence which was permitted in 1999. Council Member Bates inquired if there are other fences along the neighboring property lines.City Manager Gray clarified the property use is for a business rather than residential which changes the requirements. Council Member Goodgame moved to deny the request to amend the Conditional Use Permit.The motion • failed due to lack of a second to the motion. Council Member Bates moved to approve for applicant to keep the fence with no requirement for installation of a landscape buffer and to remove"or with an approved site plan"from Section 2 of the Conditional Use Permit;seconded by Council Member Brishke. The motion passed with all members present voting ave. • 8 City of Clermont MINUTES REGULAR COUNCIL MEETING 4 August 28, 2018 ADJOURN: With no further comments,this meeting adjourned at 10:52 pm. APPROVED: /ga°,1 / g - Gail L. Ash,Mayor ATTEST: j(la---1—)----17----* Tracy Ackroyd Howe,City Clerk bg �lY 'r•" ,rill'' z ri ..r '�! ..pies. •.,r',,,�,r. III