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09-24-2019 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING September 24,2019 The City Council met in a regular meeting on Tuesday, September 24, 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 Sonya Thompson gave the invocation followed by the Pledge of Allegiance. PRESENTATION Community Foundation Donation to Fire and Police Departments Kathy Smith,Community Foundation, introduced Louise Stockton who presented grants to the Police and Fire Departments. This gift is in remembrance of Gem of the Hills and Howard Stockton. PUBLIC COMMENTS Paula Hoyzington, 564 E. Desoto Street, acknowledged and thanked Council Member Travis for her attendance at last month's Lincoln Park neighborhood meeting. REPORTS City Manager Gray reported Fire Chief Bishop will be retiring in a few weeks and publicly acknowledged him for his years of service. His roast will be on October 17, 2019 with activities planned from 4:00pm to 7:00pm.The event will be open to the public to pay tribute to the Fire Chief and will occur at the Arts and Recreation Center. City Manager Gray introduced the new Fire Chief, David Ezell. He will take over as the permanent Fire Chief on October 18,2019. Fire Chief Ezell thanked the Council and the members of the public. City Manager Gray requested for Items No. 6,7,and 10 be tabled to October 22,2019. Item No. 6—Ordinance No.2019-03,Final, Clonts Groves City Clerk Howe read Ordinance No. 2019-03 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. Council Member Bates moved to table Ordinance No. 2019-03 to October 22, 2019; seconded by Council Member Mullins.The motion passed with all members present voting aye. City of Clermont MINUTES REGULAR COUNCIL MEETING September 24,2019 Item No.7—Ordinance No.2019-05,Final, South Lake Crossing City Clerk Howe read Ordinance No.2019-05 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. 2019-05 to October 22, 2019; seconded by Council Member Mullins.The motion passed with all members present voting aye. Item No. 10—Ordinance No.2019-06,Introduction,South Lake Crossing City Clerk Howe read Ordinance No.2019-06 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,an effective date and publication. Council Member Bates moved to table Ordinance No. 2019-06 to October 22, 2019; seconded by Council Member Mullins.The motion passed with all members present voting aye. City Manager Gray reported Item No.9 was withdrawn and requested for Item No. 14 be tabled to October 8,2019. Item No. 14—Resolution No.2019-22R,Iglesia Evangelica Emanuel, Inc. City Clerk Howe read Resolution No.2019-22R aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida,granting a Conditional Use Permit to allow for a church use in the C-2 General Commercial zoning district. Council Member Bates moved to table Resolution No. 2019-22R to October 8, 2019; seconded by Council Member Mullins.The motion passed with all members present voting aye. City Manager Gray reported National Night Out is October 1,2019 at Waterfront Park and from 5:00pm to 8:00pm. City Attorney Mantzaris— No report. Council Member Bates—No report. Council Member Mullins reported he commended the Parks and Recreation Department for the Sips and Salsa event. 2 City of Clermont M 1NUTES REGULAR COUNCIL MEETING September 24,2019 Council Member Brishke reported on September 20, she attended the monthly South Lake Chamber Breakfast where she presented the first Ray Goodgame Outstanding Student Leader Award. From September 21,2019 to September 23, 2019, she shadowed a 48-hour shift at the Fire Department. Council Member Travis reported on September 20, she attended the South Lake Chamber Breakfast. Last night,she spoke at the Kings Ridge Men's Club.City Manager Gray gave a presentation on the Master Plan and she gave an update on the new items in town. On October 13, the Grand Fondo will occur at Victory Pointe. On October 12, the Military 5K will take place at the Historic Village to honor all of the military men from the wars. Mayor Ash reported on September 11,she attended the September 11 ceremony at the Arts and Recreation Center. On September 14, she attended the Sips and Salsa festivities. On September 21, she was at Dash Sports,the new store on Montrose,for her monthly Coffee with the Mayor.On September 23,she attended the Lake Apopka Natural Gas Board's monthly meeting where they discussed the latest housing developments receiving gas lines and charter changes for the organization. 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 September 5, 2019 First Budget Public Hearing and September 10, 2019 Council Meeting minutes. Item No.2—Surplus Request Consider declaring end of life inventory as surplus from departments of: Fire, Parks& Recreation,and Information Technology and dispose of in accordance with the Purchasing Policy. Item No.3—Bid Award Consider bid award to PowerCore, Inc. to provide electrical installation of WiFi access points in the total budgeted amount of$230,729.81. Item No.4—Special Event& Road Closure Request Consider approval for Sommer Sport's request to close road for their approved event "Santa's Twilight 5k"on Saturday, December 21, 2019. Item No.5—Special Event& Road Closure Request Consider Sommer Sport's request to close roads for their approved event "Nightmare on the Clermont Trails"on Saturday, October 26, 2019. Council Member Bates moved to approve the Consent Agenda; seconded by Council Member Travis. The motion passed with all members present voting aye. 3 City ofClermont MINUTES REGULAR COUNCIL MEETING September 24,2019 UNFINISHED BUSINESS Item No.8—Ordinance No.2019-27, Final City Clerk Howe read Ordinance No. 2019-27 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. Planning Manager Kruse presented applicant's request for rezoning from a C-2 General Commercial to a Planned Unit Development for a Medical Health Park Campus on 7.5 acres located at Highway 50 and Citrus Tower Boulevard. The total square footage of all the buildings collectively will not exceed 60,000 square feet. Staff has reviewed the Planned Unit Development plan which allows flexibility to the Land Development Code. The applicant requested five waivers to the Land Development Code. Staff has reviewed the request and finds the proposal meets the intent of Section 122-315, Review Criteria for a Planned Unit Development. The applicant has provided a traffic impact analysis which has been reviewed by the City's consultant who found the project would not create any new deficiencies. Staff has reviewed the proposal and recommended approval with an added condition that an additional 30 percent landscaping material shall be required along the retaining wall to enhance the site. The Planning and Zoning Commission recommended denial 4 to 2. Council Member Bates disclosed having met with the applicant two months prior to review the floor plan and elevation. Council Member Travis disclosed having met with the applicant. Council Member Mullins disclosed having met with the applicant. Cecelia Bonifay,attorney with Akerman LLP on behalf of Advent Health,stated Florida Hospital has grown into a recognized non-profit across the country and was rated the number one hospital in Florida by US News. In Lake County, there are 35,000 people under the age of 65 who are uninsured. Last year, they provided $700 million in community benefit in Orange, Osceola, Seminole and Lake Counties. As a result of the Planning and Zoning meeting, staff reduced the number of waivers from seven to five. As the applicant continued to work on this proposal and talk to other people in the community, the applicant has decided on withdrawing at least three other waivers. The waivers being withdrawn are waiver numbers three, four, and five. When developing the site, the overall amount of cut and fill is limited to only 7.5 percent of the entire site. Mayor Ash opened the Public Hearing. Jim Purvis,4206 Hammersmith Drive,expressed concerns regarding traffic impact. Alberto Bustamante, 17761 Deer Isle Circle, Winter Garden, representative of South Lake Hospital, expressed concerns with the plan and design for the project. David Givizony, Anesthesiologist at South Lake Hospital,expressed opposition to the applicant's request. Anthony Saranita, Vice President at South Lake Hospital. expressed opposition to the applicant's request. Scott Kauffman, commended City Council and staff for their leadership and expressed support for applicant's request. Susan McLean,expressed opposition to the applicant's request. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING September 24,2019 Christy Clark,Lakeshore Drive,expressed support for the applicant's request. Kasey Kesselring, 17127 9th Street,Montverde,expressed opposition to the applicant's request. Linda Smith,expressed opposition to the applicant's request. Jeffrey Fitch,Medical Director at South Lake Hospital,expressed opposition to the applicant's request. Amit Varma,Chief of Staff at South Lake Hospital,expressed opposition to the applicant's request. Gregory Lee, Attorney representative of South Lake Hospital, expressed opposition to the applicant's request. Charlene Forth,939 W. Desoto Street,expressed support for the applicant's request. John Higgins,2349 Hempstead Avenue,expressed opposition to the applicant's request. Attorney Bonifay responded to the public comments. Average typical stay is 107 minutes. Only 6 percent of incoming traffic will be by ambulance. The local EMS will make the decision on where to bring the patient unless specified by the patient directly.Staff has put in a condition for 30 percent more landscaping. Anything developed on the subject site has to return to the City Council for approval. The applicant is looking to develop with restaurants which is a new concept and offers great advantages to the area. Mayor Ash recessed the meeting at 7:50pm. Mayor Ash reconvened the meeting at 8:02pm. Council Member Bates expressed support for competition but opposition to the proposed location. Council Member Brishke expressed agreement with Council Member Bates and expressed concern about the cut and fill.There is a void in the Project Olympus and Wellness Way area where a competitive facility could be placed. The City keeps growing and first responders are all taking patients to the same central location. Council Member Mullins expressed concerns with the location. Inquired about cut and fill on the subject property and if patients are taken to South Lake hospital should Advent Health not be able to facilitate the patients.Another site further south or west would serve the citizens better. Council Member Brishke disclosed having met with the applicant and raising the question regarding cut and fill. Council Member Travis expressed agreement with providing a choice but expressed concern with the cut and fill. City Attorney Mantzaris stated the subject is a rezoning issue. Attorney Bonifay requested for the City Council to either approve the request with no waivers or approve a continuance of 60 days to allow for the applicant to speak with the engineers to see if it is possible to develop the site with no waivers. The subject matter would return to the Council at the meeting on December 10,2019 should Council approve a continuance. Council Member Brishke moved to table Ordinance No. 2019-27 to December 10; seconded by Council Member Bates.The motion passed with all members present voting aye. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING September 24,2019 NEW BUSINESS Item No. 11 —Utility Fee Agreement,Oak Properties—Clermont 111 RES Development Services Director Henschel presented the utility request for water and sewer services for a multi-family development of 288 units. The proposed development has received their site entitlements through Lake County and is requesting utility services for water at 44,352 gallons per day. Rebecca Wilson, representative of Oak Properties, LLC,stated the property is located in Lake County and is part of the Interlocal Service Boundary Agreement and can be annexed into the City at the City's discretion. Mayor Ash opened the Public Hearing. There were no comments. Mayor Ash closed the Public Hearing. Council Member Mullins inquired about development standards. City Manager Gray stated the development has been approved in Lake County but there is a clause in the Interlocal Service Boundary Agreement which allows the City to annex the property into the city limits at any time.The water and sewer impact fees will be paid to the City with the other fees going towards Lake County.City Attorney Mantzaris clarified there is language in the agreement which states that although they have entitlements from the County they are required to meet the City's standards as long as those standards are not inconsistent with the County's standards. Council Member Travis expressed support for preserving water for City residents. City Manager Gray stated the property is in the City's service area and the City can require them to annex into the City boundaries. Council Member Brishke moved to approve the utility agreement; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 12—Variance Request,Bella Terra Subdivision Planning Manager Kruse presented the applicant's variance requests for their property located southwest of the intersection of Southern Pines Loop and John's Lake Road. The intent of the variances is to allow development of the 24-acre project into a single family subdivision.The owner has decided to develop the property under the current zoning and future land use and seek variances in order to develop the property to its fullest potential. The three variance requests are to allow elevation changes greater than 10 feet, to allow for a reduced fee in lieu of replacement for tree removal, and to allow a lot width of 70 feet other than the required 85 feet. The site has elevation changes that are close to 70 feet in difference from one corner of the property to the other. The total replacement mitigation cost is $310,885, which includes the costs of the trees,transport and installation and warranty for one year. The requested lot size of 70 feet is similar to the surrounding subdivisions. Staff recommended denial of the requested variances. Casey Wollschlager, Summergate Development, LLC, stated the variances requested are similar to the surrounding and adjacent developments. Mayor Ash opened the Public Hearing. Leo Dresher, displayed documents to the Council and expressed concerns in regards to the easement and traffic. Jim Purvis, 4206 Hammersmith Drive, expressed opposition to the applicant's request. Dennis Allard, 1792 Nature Cove Lane,expressed opposition to the applicant's request and inquired about land developers not abiding by City regulations. 6 City of Clermont M INUTES REGULAR COUNCIL MEETING September 24,2019 Jean Anne Swords,2983 Southern Pines Loop,expressed opposition to the applicant's request and concern for the park location within the development. John Palmer. 14510 Johns Lake Road, stated the subject easement is in the County and not in the City. Jeff Savasta, 12040 Windy Ridge Lane, expressed opposition to the applicant's request. Richard Achor, 14324 Johns Lake Road,expressed opposition to the applicant's request. Marion Ringwood, 1808 Nature Cove Lane,expressed opposition to the applicant's request. Mr. Wollschlager responded to the public comments. The park idea was more of a place to sit and enjoy the quiet neighborhood as well as connecting the sidewalk of the neighborhood to the public sidewalk for access to the nearby school. Mayor Ash closed the Public Hearing. Council Member Mullins inquired about the grading variance. Brian Ashley, representative from Kimley- Horn, stated the dark shading on the south side of the property is where the existing home is located. The center dark shading is the cut needed to maintain accessible roads. Council Member Mullins inquired about the placement of the park and trees. Mr. Wollshclager replied if the trees stayed, it would be impossible to develop the site due to the amount of dirt needing to be moved. Council Member Travis expressed opposition to the variances and proposed to deny them all. Council Member Brishke expressed agreement with Council Member Travis and inquired about future widening of Johns Lake Road.City Manager Gray replied the road is a City road and there are no intentions to widen the road at this time. Council Member Brishke moved to deny the variance request; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 13—Resolution No.2019-21R, Walmart City Clerk Howe read Resolution No. 2019-21R aloud by title only. A Resolution of the City Council of the City of Clermont, Florida,granting an amendment to a Conditional Use Permit (Resolution 1316 and 2016-12) to allow for an expansion to the existing building in a Planned Unit Development(PUD)zoning district. Development Services Director Henschel presented applicant's request for an amendment to their Conditional Use Permit to allow for an increase in the building square footage. Currently, the existing Walmart store is limited to 222,590 square feet. The applicant is proposing to build a 3,112 square foot office expansion on the east side of the building.The new space is for office space only. Staff reviewed the request submitted and recommended approval of the Conditional Use Permit. Darren Walsh, CPH, Inc., applicant, stated the request is for a 3,000 square foot expansion to train new hires and would be for employees only. Mayor Ash opened the Public Hearing. There were no comments. Mayor Ash closed the Public Hearing. Council Member Bates moved to approve Resolution No.2019-21R;seconded by Council Member Brishke. The motion passed with all members present voting aye. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING September 24,2019 ADJOURN: With no further comments,this meeting adjourned at 9:19pm. APPROVED: Gail L.Ash, Mayor ATTEST: • Tracy Ackroyd Howe,City Clerk J.