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Minutes - 01.28.2020 - City Council MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2020 The City Council met in a regular meeting on Tuesday, January 28, 2020 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 Purvis. Other City officials present were City Manager Gray, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Apostle Sonya Thompson gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Recognition of Board Members Development Services Director Henschel recognized those that served on the Planning and Zoning Board whose term expired in December. Tony Hubbard served from 2015 to 2019; Cuqui Whitehead served from 2007 - 2012 and 2015 — 2019; David Colby has been serving since 2018 and is still on the board; and Julie Santos served from 2018 — 2019. In addition, Mr. Gray recognized Council Member Purvis for serving on the Fire Fighters Pension Board of Trustees for six years from 2013 — 2019. PUBLIC COMMENTS Tim Murry, 574 E. Desoto Street, thanked city staff and the Council Members for support of the Martin Luther King, Jr. day celebration to make it a success. REPORTS City Manager Gray thanked Tim Murry for coordinating the event. The annual State of the City Address will be Thursday, January 30 with coffee and conversation at 7:30am and the presentation will begin at 8:00am at the City Center. He further reported agenda items 13 and 14 has been withdrawn therefore no action needs to be taken. City Attorney Mantzaris — No report. Council Member Bates — No report. Council Member Purvis thanked Tim Murry and staff for the Martin Luther King, Jr. day celebration event. Council Member Brishke attended the Chamber of Commerce breakfast and Tom English spoke on the cancelling of Pig on the Pond in 2020. The dates for next year will be March 5 — 7, 2021. Council Member Travis — No report. Mayor Ash reported on Coffee with the Mayor on January 18 and she spoke at the Martin Luther King, Jr. celebration at Waterfront Park and thanked Tim Murry and city staff. 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 come forward at this time. Item No. 1— Surplus Request Consider declaring end of life inventory as surplus from Finance, Information Technology, Development Services, and Police and dispose of in accordance with the Purchasing Policy. City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2020 Item No. 2 — Board Appointment Item No. 3 — Bid Award Item No. 4 — School Resource Officers Reimbursement Agreement Item No. 5 — Event and Sign Request Item No. 6 — Event, Open Container, and Sign Consider Lake County Arts and Cultural Alliance appointment. Consider award to Distributor Operations, Inc. d/b/a Interstate Battery System of Mid Florida Coast in the annual estimated budgeted amount of $23,000 for automotive and truck batteries. Consider agreement for officer coverage at schools during the summers of 2019. Consider allowing New Beginnings annual Waterfront Dragon Boat event and promotional signs on May 16, 2020. Consider Caribbean American Association of Lake County "Clermont Jerk Festival' event with an open container area and promotional signs on June 13, 2020 at Waterfront Park. Council Member Bates moved to approve the consent agenda,• seconded by Council Member Purvis. The motion uassed with all members present voting ave Item No. 7 — Ordinance No. 2019-28, Final, Vacation Rentals City Clerk Howe read Ordinance No. 2019-28 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 122 Zoning, Article V Supplementary Districts, Section 360 Vacation Rental Permit Regulations; providing for codification; severability; effective date; and publication. Development Services Director Henschel presented the ordinance on short-term vacation rentals. City staff has drafted an ordinance for short-term rentals. This is a staff initiated Ordinance 2019-28 relating to short term vacation rentals; amending Chapter 122, Zoning Codes to provide standards and regulations for a Vacation Rental Permit Program. The City of Clermont currently does not have any regulations concerning short-term rentals. The proposed Ordinance will provide regulations and conditions for a Vacation Rental Permit Program to allow short-term vacation rentals for a non -occupied residential home with proper management and compliance with permit requirements. The Planning and Zoning Commission recommended approval 5 to 0. Mayor Ash opened the public hearing. Dorothy Schneider, 3563 Chessington Street, Past President of Kings Ridge, expressed concern regarding the state and applauded the effort to have these regulations in place. Charlene Forth, 939 W. Desoto Street, objected to 30 days. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2020 Dennis Hanks, 7862 W. Irlo Bronson Highway, Kissimmee. He was present on behalf of the Florida Vacation Rental Management Association in support of vacation rentals around the State of Florida. The association is pro regulation. He expressed concern regarding home sharing and 30-day maximum duration. Home sharing is not a licensed activity by the state and the duration standard is less than six months. In addition, commented on life safety and recommended DBPR license under registration. There are 400 listing sites for vacation rentals. Alexa Michna, 1434 Main Street, Leesburg. She is an active member of Real Estate Investors. She expressed opposition on a few rules and requested simplification for both sides. Mr. Vincent Geraci 250 W. Lake Mary Blvd., Sanford. He is a member of the Central Florida Realty in Marion County. He expressed concern with redundant regulations proposed. The list of items in the proposed regulations will hinder small businesses from bringing more tourism improvements to the community. Mayor Ash closed the public hearing. Council Member Bates asked how this applies to the bill in the House right now. City Attorney Mantzaris stated if Senate Bill 1128 passes, we would have to revisit this. It does have a preemption provision that would preempt items in this ordinance. Council Member Bates suggested tabling this ordinance until the Legislative session ends. Council Member Brishke would like to move forward with the ordinance. Council Member Purvis stated he is not in favor of short-term rentals in residential neighborhoods. He expressed support for the ordinance and suggested adopting with a 1-year sunset provision to review in the event nothing happens at State Legislature this year. Mayor Ash objected to a one-year sunset provision. Council Member Travis noted number 3 is incorrect. Legally short term is 6 months or less; Number 5 the application fee of $350 is too much and recommended $150; Number 7 commented on DBPR registration. Council asked how staff came up with the $350 amount. Development Services Director Henschel stated it was an average amount based on what other municipalities charge in the area. Council Member Travis expressed concern about the amount. City Attorney Mantzaris commented once this becomes effective, notices would be sent out requiring individuals to put in a permit that is good for a year. The Council could put something in place and hold off on the permitting piece until the Legislature makes a decision. Florida Statute Chapter 83 governs a lease longer than 30 days. Furthermore, he clarified this does not apply to those doing a 6 month.lease. Council Member Purvis asked for clarification on the law stating that any Homeowner Association that has filed on or before 2006 restricting short-term rental would not be impacted. City Attorney Mantzaris confirmed this ordinance does not supersede any Homeowners Association covenants. City Manager Gray remarked the Council can bring this back after the Legislature finishes and would have more information. ki City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2020 Council Member Brishke likes the content and expressed concern about the permit fee. City Attorney Mantzaris suggested revising the language to say fee as adopted by Resolution of the City Council. City Manager Gray stated staff could bring that back in a Resolution. Council Member Brishke moved to approve as amended to adopt fee by Resolution of the City Council, seconded by Council Member Purvis. The motion passed 5 to 0 on a roll call vote. Item No. 8 — Ordinance No. 2020-03, Introduction, CarMax Annexation City Clerk Howe read Ordinance No. 2020-03 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. 2020-03: seconded by Council Member Brishke. The motion passed with all members present voting ave. Item No. 9 — Ordinance No. 2020-04, Transmittal, CarMax Comprehensive Plan Amendment City Clerk Howe read Ordinance No. 2020-04 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 and Zoning Manager Kruse presented the transmittal. The City is requesting approval of a large- scale comprehensive plan amendment transmittal to the State to change the future land use from Lake County Urban High Density and Regional Commercial to Clermont Commercial designation. The City is requesting annexation of the subject property as authorized by the Utility Agreement with the property owner. The Notice of Encumbrance to annex was executed on August 13, 2019. The property is currently in final site plan approval with Lake County and is receiving water and sewer services from the City. The property is located east of County Road 455 and north of State Road 50, adjacent to the East Town Center Publix Plaza. The property is approximately 19.8 +/- acres; and will be developed as an auto dealership, CarMax. The City will annex the property as approved with Lake County. The property will be rezoned from Lake County Planned Unit Development to Clermont Planned Unit Development zoning classification. Staff recommends approval of the Comprehensive Plan Amendment transmittal with Ordinance 2020-04. Staff recommends approval. The Planning and Zoning Commission recommended unanimously for approval, 7-0. Jimmy Crawford, Attorney was present on behalf of the owner and applicant. He requested to not be annexed until the site plan is approved. City Manager Gray noted it would take 60 days for the state to review. We are reviewing this project at the same time as the County. They will have to comply with city standards. It will be heard together. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2020 Mayor Ash opened the public hearing. There were no comments. Mayor Ash closed the public hearing. Council Member Purvis clarified their site plan will conform to Clermont requirements. Council Member Bates moved to approve for transmittal, seconded by Council Member Purvis. The motion passed with all members present voting ave. Item No. 10 — Ordinance No. 2020-11, Final, Advent Health City Clerk Howe read Ordinance No. 2020-11 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 and Zoning Manager Kruse presented the request by Advent Health. The owner, Adventist Health System/Sunbelt, Inc., is requesting a rezoning from C-2 General Commercial to a Planned Unit Development for a Medical Health Park Campus on 10.97 +/- acres. The parcel is located southeast of the intersection of State Road 50 and Citrus Tower Boulevard. The property is the former Don Mealey Chevrolet Dealership and the applicant intends to remove all existing structures and redevelop the site. The applicant has provided a Planned Unit Development Plan - C100 showing the proposed layout of the site. The project will consist of two primary buildings, an off -site emergency department (OSED) and a medical office building. The off -site emergency department building will be approximately 18,500 square feet and the medical office building will be approximately 36,500 square feet. The total square footage of all the buildings collectively will not exceed 57,500 square feet. This includes an additional 5 percent from city staff to allow for minor changes in the building design in case changes are required for final site engineering. The off -site emergency department will have 24 beds. The facility will be staffed with doctors, nurses, and other medical personnel. The site plan shows that parking for the project will be 30 percent more than required by the City's Land Development Regulations. All required setbacks and landscape buffers will be developed according to the Land Development Codes. The site, as proposed, indicates no waivers to the Land Development Code are being requested to redevelop the site. The PUD request is for a building size greater than 20,000 square feet and the Off Site Emergency Department (OSED), which is similar to a hospital use. The owner previously submitted plans for a similar project on the adjacent parcel that included several waivers to the Land Development Code. The owner has shifted the project to the current site to eliminate any waivers to the code. Staff has reviewed the request as submitted and finds the proposal does meet the intent of Section 122-315, Review Criteria for a PUD. There is a mixture of commercial and office uses, including medical facilities similar to the one being proposed, within a half -mile of the project location. The site has access to an arterial roadway, State Road 50, and accessible through a major collector, Citrus Tower Boulevard, which are major transportation facilities. The City's Traffic Engineering Consultant has reviewed a recent traffic impact analysis provided by the owner and the review indicated while the project may contribute to the existing deficiencies along the roadway network, the project is not expected to create any new deficiencies. Wi City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2020 Public utilities are accessible and available, and the City can provide all services. The proposed use does not require school concurrency and will provides opportunities for job creation in Clermont. City staff reviewed the proposal and supports the proposed development at this location. The proposed uses are compatible and consistent with the development patterns and uses in the area. The existing site is being redeveloped with no waivers to the Land Development Code. Therefore, staff recommends approval of Ordinance No. 2020-11 to rezone the subject property from C-2 General Commercial to (PUD) Planned Unit Development to allow for a health park, including an Off -Site Emergency Department (OSED) and medical office building (Health Park) as depicted in Exhibit A — PUD Site Development Plan. The Planning and Zoning Commission recommended unanimously for approval. Cecelia Bonifay, Esq. Ackerman Law Firm introduced Abel Biri, Chief Executive Officer and President of AdventHealth Waterman. Abel Biri, Chief Executive Officer of AdventHealth Waterman, commented Advent Health has been in north Lake County for 30 years and a dozen years in south Lake County in urgent care services. Advent can collaborate with residents though health and wellness. The previous request required a lot of work, decided to change the topography, and moved facility to the adjacent property based on the feedback of the Council from the last meeting This request has no waivers. The Planning and Zoning Commission unanimously supported this request. He expressed appreciation for support. Ms. Bonifay clarified the application was withdrawn after hearing the comments from the last Council meeting. Advent is only interested in doing the medical center on this site. She requested Council approval at this location. They met with all Planning and Zoning Commissioners and spent time with them to acquaint them with the changes. The recommendation was for approval and there were no negative comments. Mayor Ash opened the public hearing. Charlene Forth, 939 W. Desoto Street, expressed support. Mayor Ash closed the public hearing. Council Members Bates, Travis, Brishke and Purvis disclosed they spoke with the applicant about the application. Council Member Purvis expressed concern about traffic flow exiting the property. City Manager Gray remarked this may become a right only exit and Lake County is looking at it. Council Member Bates moved to approve; seconded by Council Member Brishke. The motion passed 5 to 0 on a roll call vote. NEW BUSINESS Item No. 11— Variance Request Planning and Zoning Manager Kruse presented the request. The applicant, GP Construction, is requesting a variance to the Land Development Code, Section 122-124 (2), to allow for a single-family residential lot width of 73 feet instead of the required 75-foot lot width for the R-1 Single Family Medium Density Residential zoning district. The vacant lot is located on the south side of East Desoto Street, in the Oakhurst Subdivision, which was platted prior to the adoption of the amendment to the R-1 zoning Land Development Regulations, which now require a minimum 85 foot lot width. C: City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2020 The applicant is requesting a 2 feet lot width variance that would allow for construction of a new single- family residential home on the parcel. The proposed construction of the home, as designed, will not require any other variances to comply with the R-1 zoning Land Development Codes. The existing lot is an infill lot and the lot size is consistent with other properties in the area. The proposed home is not in conflict with the City's Comprehensive Plan and is similar to existing homes that have been constructed in the area. The City encourages infill development to promote revitalization to some areas in the community. Section 86-174 of the Land Development Code requires a positive finding on five items in order to grant a variance, and staff has reviewed the application as submitted and the application does meet a positive finding. Staff recommended approval of the variance request to the Clermont Land Development Code. Applicant, Paul Gaynor requested approval and available for questions. Mayor Ash opened the public hearing. There were no comments. Mayor Ash closed the public hearing. Council Member Purvis inquired if the applicant plans to build and live in the house. Mr. Gaynor responded he is the owner and plans to build and sell the house. Council Member Bates moved to approve the variance request, seconded by Council Member Purvis. The motion passed with all members present voting ave. Item No. 12 — Mason Ridge CUP Revocation Development Services Director Henschel presented the agenda item. Staff is proposing this Conditional Use Revocation for the Masons Ridge development that has not fulfilled their development plans for over two years. Mason's Ridge is a development that was originally approved by City Council in August of 2016 under Resolution No. 2016-30. The development is for 102 multi -family fee -simple townhomes. After obtaining approval from City Council, the developer proceeded to obtain site plan approval to start construction on the site. Shortly after grading the site, installing utilities, and retaining walls the developer became absent from the site. In September 2016, Code Enforcement started receiving complaints in regards to the lack of maintenance of the site. After starting a case, the developer cleared the overgrowth obstructing the right-of-way. In November 2018, Code Enforcement again started receiving complaints in regards to the lack of maintenance. Another case was started and was taken to a Special Magistrate hearing in January of 2019. The property was found to be in violation and a fine of $250 per day after January 31, 2019 was ordered. No action was taken to maintain the property and in May of 2019, a lien was recorded against the property for $27,500. The property remained in violation until July of 2019 and accrued a total lien amount of $43,250. This Conditional Use Revocation would remove any entitlements for Resolution 2016-30 that allowed up to 102 multi -family fee -simple townhomes. Jimmy Crawford 702 W. Montrose Street represented the owner. He provided a timeline of the property. There have been monthly crew's onsite. Denise Pyke is the Construction Manager and has a crew onsite once a month to clean the site. In January 2019, the city sent a notice regarding trash and construction debris. The owner did not receive that notice as they changed their corporate office with the Secretary of State and neglected to notify the address change with the Property Appraiser. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2020 The City sent the Notice to Foreclose in November/December 2019. After not receiving their tax bill, the owner changed the address with the Property Appraiser and the owner received the Notice to Foreclose. Mr. Crawford displayed a cost summary of the project. He was informed at the last Planning and Zoning Commission meeting that the city was sending out a new code enforcement letter. They met onsite and within 10 days, cleared every violation. Since the communication issues have been resolved, they have been responsive. The bank loan has been re -committed and reacquired full financing to complete horizontal construction of the first phase. ALP hired a full time property and business manager to ensure the project is moving forward. The request is to accept the Planning and Zoning recommendation with one change to get the construction underway within the four -month plan. It will be 6 to 8 weeks before Boykin can start. He proposed to pay $5,000 to the city now, have the lien stay in place and once project is finished, return to request a fine reduction. Revoking the Conditional Use Permit will cause further delays. Mayor Ash opened the public hearing. There were no comments. Mayor Ash closed the public hearing. Council Member Purvis disclosed he had a conversation with Jimmy Crawford. City Attorney Mantzaris clarified staff is not asking Council to authorize staff to pursue foreclosure. Council Member Travis noted she does not see anyone on the site on a daily basis and would like this project to move forward. Mr. Crawford proposed short time frames with construction beginning in 90 days and have 75 percent of infrastructure in the ground 7 months from now. Mayor Ash and Council Members expressed concern with the proposed timeline to complete the project. Mr. Crawford remarked the site work could be complete in 7 to 8 months. Council Member Purvis suggested imposing a revocation of the Conditional Use Permit in 9 months from today, should there not be physical vertical work commencing on the site. Mr. Crawford requested the Council postpone and return with a construction schedule in two weeks. Council Member Bates moved to table to February 11- seconded by Council Member Brishke. The motion passed with all members present voting ave. Item No. 13 — Ordinance No. 2020-06, Final, I I I Residential This agenda item has been withdrawn. Item No. 12 — Ordinance No. 2020-07, Final, I I I Residential CPA This agenda item has been withdrawn. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2020 ADJOURN: With no further comments, this meeting adjourned at 8:23pm. APPROVED: No Gail Ash, Mayor ATTEST: e U41Y44 - - Tracy Ackroyd Howe, City Clerk