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08-27-2019 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING August 27, 2019 The City Council met in a regular meeting on Tuesday, August 27, 2019 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,Bates,Mullins and Travis.Other City officials present were City Manager Gray, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Pat Green gave the invocation followed by the Pledge of Allegiance. OATH OF OFFICE City Clerk Howe administered the Oath of Office to Keith Mullins for Seat 2 for the remainder of the un- expired term. PRESENTATION Honor Ray Goodgame Charles Forth presented a historical donation to the Historic Village with Clermont history in honor of Ray Goodgame.He reviewed family history roots of the Forths and the Chasewells and presented the documents given to the Historical Society for preservation. The first item was an original framed photo given to workers at the Blue Goose. The second items were World War Il military items belonging to Mr. Forth's dad and an original article from 1945. Mr. Forth thanked City Manager Gray and Council Member Bates for their assistance. Charlene Forth stated they also have medals, an original photo in military dress of her father-in-law, and his purple heart medals which will be provided to the Historical Society. City Manager Gray stated the Community Foundation Donation to Fire Department presentation for tonight's meeting is postponed to September. PUBLIC COMMENTS Kathy Diaz, 13625 North Jacks Lake Road,expressed concern for the building of a senior living facility on recently annexed land to which she was not notified. The property is adjacent to Ms. Diaz's home and the building of the senior facility center will cut off the only road leading to her property. Ms. Diaz was informed her property is not land locked by the development as she can construct a new connecting road. Ms. Diaz called Carl Thomas Grading who informed her that building another road in the suggested area would be costly. When the investors were asked to make an access road, she was told she would need to call the City and the County. City Manager Gray suggested meeting with Ms. Diaz to go over the specifics of the situation to better assist as the Council will not be able to help since her property is not within the City limits. Jim Purvis, 4206 Hammersmith Road, congratulated Keith Mullins on being appointed to the Council and thanked Mr. and Mrs. Forth for the history provided. Chris Fowler, 773 West Montrose Street, expressed concern with downtown parking and requested for a parking feasibility study to be conducted. Charlene Forth. 939 W. Desoto Street, expressed opposition to interruption during the presentation by the Mayor and apologized to Judy Goodgame. Mayor Ash replied she asked for clarification of the presentation and apologized to Judy Goodgame for any offense taken. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING August 27, 2019 Greg Ammon,550 5th Street,expressed opposition to the time limit for public comments.Mayor Ash replied everyone gets three minutes to make sure everyone has a chance to speak. REPORTS City Manager Gray requested for Item No. 4, 5 and 6 be tabled to October 8,2019. Item No. 4—Ordinance No.2019-14,Final, Wise Annexation City Clerk Howe read Ordinance No. 2019-14 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. Council Member Bates moved to table Ordinance No. 2019-14 to October 8, 2019; seconded by Council Member Mullins.The motion passed with all members present voting aye. Item No. 5—Ordinance No.2019-15,Final, Wise Large-Scale Comprehensive Plan Amendment City Clerk Howe read Ordinance No. 2019-15 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, 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 Amendment; setting forth the purpose and intent of the Large Scale Comprehensive Plan Amendment; providing for the adoption of the Large Scale Comprehensive Plan Amendment; establishing the legal status of the Large Scale Comprehensive Plan Amendment; providing a severability clause and providing an effective date. Council Member Bates moved to table Ordinance No. 2019-15 to October 8, 2019; seconded by Council Member Mullins.The motion passed with all members present voting aye. Item No.6—Ordinance No.2019-16,Final, Wise PUD Rezoning City Clerk Howe read Ordinance No.2019-16 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, recording, and publication. Council Member Bates moved to table Ordinance No. 2019-16 to October 8, 2019; seconded by Council Member Mullins.The motion passed with all members present voting aye. City Manager Gray reported Item No. 12 — Utility Agreement, Oak Properties LLC - Clermont III RES will be pulled and moved to next month;City offices will be closed for Labor day on Monday;and the First Budget Hearing will occur on September 5, 2019 at 6:30pm. City Attorney Mantzaris— No report. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING August 27, 2019 Council Member Bates inquired about Tropical Storm Dorian. City Manager Gray stated Lake County is in level three which is just monitoring the storm. There is an Emergency Management meeting tomorrow with Lake County at 3:00pm. The City will post advisories as they become available. Council Member Mullins—No report. Council Member Brishke—No report. Council Member Travis reported she attended an informal meeting with the Chain of Lakes founder to work on initiatives for suggestions or improvements for the trail such as speed limits and alternate routes for cyclists. Mayor Ash—No report. 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 August 13, 2019 Council Meeting minutes. Item No. 2—Plat Approval Consider plat approval for Winona Place for 5 residential lots. Item No.3—Contract Award Consider award to Life Scan Wellness Centers and AdventHealth Centra Care for medical examination and drug/alcohol testing services. Council Member Bates moved to approve the Consent Agenda; seconded by Council Member Mullins. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. 7—Ordinance No.2019-29, Transmittal, Hartwood Properties CPA City Clerk Howe read Ordinance No.2019-29 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 11, Florida Statutes; setting forth the authority for adoption of the Large Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Large Scale Comprehensive Plan Amendment; providing for the adoption of the Large Scale Comprehensive Plan Amendment; establishing the legal status of the Large Scale Comprehensive Plan Amendment; providing a severability clause and providing an effective date. Planning Manager Kruse presented the transmittal of the Hartwood Properties, LLC's request to amend the future land use map to a designation of Master Planned Development. The subject site is approximately 80 acres in size.A portion of the property has been used for agriculture purposes.The property's current Future Land Use designation is Lake County Regional Office which provides for a variety of office uses and some limited commercial use which support office uses. The applicant requested Master Planned Development future land use designation and rezoning to a Planned Unit Development with up to 600 multifamily dwelling units and up to 120,000 square feet of commercial uses. The Planned Unit Development will be 3 City of Clermont MINUTES REGULAR COUNCIL MEETING August 27,2019 considered by the Planning and Zoning Commission prior to the adoption phase of the Comprehensive Plan Amendment to ensure the project is kept at the proposed development intensity and will come before Council at a later date for consideration. The subject property is located in the City's Joint Planning Area. Staff supported the applicant's request and the Planning and Zoning Commission recommended approval six to zero. City Manager Gray stated transmittals require a public hearing but will return to Council for final approval. Mayor Ash opened the Public Hearing.There were no comments. Mayor Ash closed the Public Hearing. Council Member Bates moved to transmit Ordinance No. 2019-29; seconded by Council Member Mullins.The motion passed with all members present voting aye. Item No.8—Ordinance No.2019-32, Transmittal, Bradshaw North CPA City Clerk Howe read Ordinance No.2019-32 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 Amendment; setting forth the purpose and intent of the Large Scale Comprehensive Plan Amendment; providing for the adoption of the Large Scale Comprehensive Plan Amendment; establishing the legal status of the Large Scale Comprehensive Plan Amendment;providing a severability clause and providing an effective date. Planning Manager Kruse presented applicant's request for an amendment to the Future Land Use map to designate the property with a future land use category of commercial.The subject site is approximately 16 acres. The property is located within the City's Interlocal Service Boundary Agreement and the Joint Planning Area. A portion of the property has been historically used for agricultural purposes. The current Future Land Use designation is Wellness Way Area Plan 1. The applicant desires to develop the property for commercial use which would include a 140 room hotel with up to 32,000 square feet of commercial uses. The City's Commercial Land Use allows up to 0.25 floor area ratio and up to 12 units per acre.This is comparable to what is permissible under Wellness Way 1 in Lake County. Staff recommended approval to change the Future Land Use to the City's Commercial. The Planning and Zoning Commission recommended approval six to zero. Mayor Ash opened the Public Hearing. There were no comments. Mayor Ash closed the Public Hearing. Council Member Bates moved to transmit Ordinance No. 2019-32; seconded by Council Member Brishke. The motion passed with all members present voting aye. NEW BUSINESS Item No.9—Ordinance No.2019-31,Introduction, Bradshaw North Annexation City Clerk Howe read Ordinance No.2019-31 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. Council Member Bates moved to introduce Ordinance No. 2019-31; seconded by Council Member Brishke.The motion passed with all members present voting aye. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING August 27,2019 The next two items were heard concurrently and voted on separately. Item No. 10—Resolution No.2019-19R,Action Gator Tire City Clerk Howe read Resolution No.2019-19R 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 service bays in Planned Unit Development Zoning District. Item No. 11—Variance Request,Action Gator Tire Planning Manager Kruse presented the applicant's resolution and variance request. The applicant is requesting a Conditional Use Permit to allow for a tire store with eight service bays in a Planned Unit Development. The parcel located west of the Hammock Ridge Road and US Highway 27. The Land Development Code requires a Conditional Use Permit for any automotive services business.The applicant is proposing a 6,800 square foot building with eight service bays. No outside storage or disposal will be allowed.The service bays will be facing north towards an elevated hill with no view from Hammock Ridge Road or the adjoining property.Access to the site will be from Hammock Ridge Road.The applicant is also requesting a variance to allow for a reduction of eight parking spaces and is proposing to have a total of 30 spaces. Staff reviewed the application and recommended approval.The Planning and Zoning Commission recommended approval five to one. David Dorey,8367 Summerdale Lane,Tallahassee,FL,project manager,requested approval of the requests and stated the business would not be open on Sundays. Council Member Travis disclosed she met with the applicant to discuss this project. Mayor Ash opened the public hearing. Eric Fincham,3522 Mediterra Drive,expressed opposition to the request. Richard Bauer, 1789 Bella Lago Drive,inquired about the direction of the service bays,noise suppression, hours of operation,and oil spill drainage. City Attorney Mantzaris stated the matter would have to return to Council to change the hours of operation.City Manager Gray stated US Highway 27 is not in the city's jurisdiction as it is the State of Florida's jurisdiction.The Homeowner's Association may contact the State of Florida as well to help expedite the request to address jay braking. Adam Hildebrant, 1784 Bella Lago Drive,expressed opposition to the request. Jim Purvis,4206 Hammersmith Road,expressed support for the request. Preston Bolt,462 Valley Stream Drive,Geneva,FL expressed support for the request. Mayor Ash closed the Public Hearing. Robert Blackerby, developer of the project,addressed the public's questions and concerns. He noted they took the back of the building and added shutters and stone work to make the building attractive.Additional landscaping was also added to the property. The applicant has been in business in Clermont for 20 years and would like to stay local in order to keep the jobs in the City. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING August 27,2019 City Manager Gray stated the Conditional Use Permit addresses the bays having to be screened from public view as well as noise levels and could address hours of operation. Mr. Blackerby stated the hours of operation will be 7:00am to 6:00pm or 7:00am to 7:00pm based on community needs. Council Member Mullins inquired about the sidewalk and expressed concern for the building being left on Highway 50.City Manager Gray stated the applicant will be required to install a sidewalk on the property. Council Member Travis expressed support for the request. Council Member Bates expressed opposition to the request. Council Member Brishke inquired about the property behind the subject property. Mr.Blackerby stated the applicant owns most of the hill and the land on the hill is not usable as it is mostly sand.The subject property is one parcel off of the corner from US 27. City Manager Gray stated the Council can place the hours of operation in the Conditional Use Permit if they would like to limit the hours. Council Member Travis moved to approve Resolution No.2019-19R;seconded by Council Member Mullins. The motion passed 3 to 2 with Council Member Brishke and Council Member Bates opposed. Council Member Travis moved to approve the variance request; seconded by Council Member Mullins. The motion passed 3 to 2 with Council Member Brishke and Council Member Bates opposed. Item No. 13—Ordinance No.2019-39,Introduction City Clerk Howe read Ordinance No.2019-39 aloud by title only. An Ordinance of the City Council of the City of Clermont,Lake County,Florida,imposing a temporary moratorium for one hundred and eighty (180)days on the acceptance of any application for and/or the issuance of any permit, conditional use approval, site plan approval, and any other official action of the City of Clermont having the effect of permitting or allowing development and/or construction of any multi-family development; excluding with conditions such applications submitted prior to August 27, 2019 or approvals for the continuance of an existing multi-family development; the temporary moratorium shall apply to all real property located within the corporate limits of the City of Clermont;providing for severability,conflicts and an effective date. Council Member Bates moved to introduce Ordinance No. 2019-39;seconded by Council Member Mullins. The motion passed with all members present voting aye. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING August 27,2019 ADJOURN: With no further comments,this meeting adjourned at 7:35pm. ic- `' . APPROVED: Imoi,, //:,I F dZ �, i t1 ,..fi'la 'k — al I ---__e..:.,, r p' '" t 4 7 q." Gail L.Ash,Mayor n � , •' 11 l A ' A Tracy Ackroyd H.we,City Clerk