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Minutes - 11.19.2019 - City Council MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING November 19, 2019 The City Council met in a regular meeting on Tuesday, November 19, 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, Travis, Bates, and Purvis. Other City officials present were City Manager Gray, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Father Bob Webster gave the invocation followed by the Pledge of Allegiance. ELECTION RESULTS City Clerk Howe presented the November 5, 2019 election results for Seat 2 and Seat 4 for acceptance. Jim Purvis received 1,815 votes and Joe Gustafson received 1,146 votes for Seat 2. Heidi Brishke received 1,661 votes and Ebo Entsuah received 1,230 votes for Seat 4. Charter Amendment 1 received 2,698 "yes" votes and 322 "no" votes. Charter Amendment 2 received 2,785 "yes" votes and 223 "no" votes. Council Member Bates moved to approve election results: seconded by Council Member Brishke. The motion passed with all members present voting Me. OATH OF OFFICE City Clerk Howe administered the Oath of Office to Jim Purvis for Seat 2, and Heidi Brishke for Seat 4 for a two-year term. SELECTION OF MAYOR PRO TEM Council Member Bates nominated Council Member Travis: seconded by Council Member Brishke. The motion passed with all members present voting aye. PROCLAMATION City Clerk Howe read the National American Indian Heritage Month proclamation aloud. Mayor Ash presented the proclamation to Susan DeHart with the Daughters of the American Revolution. PRESENTATIONS Florida Festival Events Association Award Suzanne Neve, CEO of Florida Festival Events Association, presented two awards to the City of Clermont and the City's Parks and Recreation Department. The first place award for multi -agency event was awarded to the City's Sips and Salsa and second place for promotional mailer was awarded to the City's Light Up Clermont event. City Manager Gray introduced Parks and Recreation Director Scott Davidoff, Program Manager Maritza Rivera and Parks and Recreation Supervisor Jennifer Stills to accept the awards on behalf of the City. East Avenue Complete Streets City Manager Gray stated the City applied for a grant for the East Avenue Complete Streets and received it. The City plans to re -do East Avenue to ensure the street is pedestrian, bike and car friendly. Jamie Krzeminski, HDR Engineering, developed concepts for East Avenue and reviewed the projects purpose and background, outreach summary, and Complete Streets Concept for East Avenue. It will provide a safe, comfortable, and welcoming environment to meet multimodal travel needs for all users of East Avenue. The public voted for Concept 3 which was the two-way median path. City of Clermont MINUTES REGULAR COUNCIL MEETING November 19, 2019 City Manager Gray stated staff will review the results of the study and have the matter return with estimates to the City Council in the spring to decide how the City should proceed. PUBLIC COMMENTS Charlene Forth, 969 W. Desoto Street, inquired about the court case with Danielle Page and inquired about the amount spent. City Manager Gray stated staff would get the information and will follow the direction of the Council. Mrs. Forth requested for the end results to be available by the next Council Meeting. REPORTS City Manager Gray welcomed Council Member Purvis to the City Council. City Hall will be closed November 28 and 29 for the Thanksgiving holiday. The workshop in January will be during the day in the week of January 20. The workshop will be advertised. Lake County denied the Islamic Church of Clermont Conditional Use Permit. Commissioner Parks discussed the widening Hancock Road and directed Lake County staff to get a proposal. Maritza Rivera, Parks and Recreation, reported Light Up Clermont theme this year is Holiday in Paradise. The event will take place on Friday, December 6, 2019 at 5:30pm with the Mayor lighting the tree at 6:30pm. There will be live music, stilt walkers and performers. On Saturday, December 7, 2019, there will be a hometown parade which will start at 10:00am. City Manager Gray reported the evening of December 7, 2019, there will be carols by Monteverde Academy at the Arts and Recreation Center at 5:00pm and again at 8:00pm. City Attorney Mantzaris welcomed and congratulated Council Member Purvis. Council Member Bates congratulated Council Member Brishke and Council Member Purvis and reported the State of the County will take place on December 3, 2019 at 9:00wn in the Lake County Chambers. Council Member Purvis thanked all who came tonight to witness his swearing in and pledged to serve to the best of his abilities. Council Member Brishke thanked everyone for their votes in the election and looks forward to serving her second term. On Friday, November 15, she attended the Chamber breakfast and the feature presentation by South Lake Pain Institute on the benefits of.CBD oil. Council Member Travis reported on Friday, she attended the ribbon cutting for the Kehlor Building. She attended a meeting on the trail system by Lake 100 where the City was showcased as a model for future trails. Today, she met with Bike Florida along with Communications Director Deen. Over the weekend, she attended the Horrible 100 where she saw almost 2,000 participants and complimented staff for their work with the event. Mayor Ash reported she attended the ribbon cutting for the Kehlor Building. 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— Event and Road Closure Request Consider approving the Mega Food Truck Rally with road closures January 11, 2020 from 12:00 PM to 10:00 PM. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING November 19, 2019 Council Member Bates moved to approve the Consent Agenda, seconded by Council Member Brishke. The motion passed with all members present voting aye. NEW BUSINESS Item No. 2 — Ordinance No. 2019-04, Final, South Lake Crossing City Clerk Howe read Ordinance No. 2019-04 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. 3 — 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 Il, Florida Statutes; setting forth the authority for adoption 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. Item No. 4 — Ordinance No. 2019-06, Final, South Lake Crossing PUD 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, effective date, and publication. Planning Manager Kruse presented all three ordinances together. The applicant is requesting voluntary annexation of the subject property by adjacency to the City limits. The property has historically been for agricultural uses. The property is located within the Interlocal Service Boundary Agreement and the Joint Planning Area. The applicant is requesting city services in which the City can fully serve. Staff recommended approval of the annexation request. The applicant has requested an amendment to the Future Land Use Map. The applicant is requesting the City to designate the property with a future land use category of Master Planned Development. The Council transmitted the land use change to the State reviewing agencies on July 9, 2019 and received five responses. Three of the responses had "no comment" and the other two provided comments. One comment from the Lake County School Board expressed concern over student capacity and available school sites in the South Lake County area. The project may need to participate in proportionate share mitigation prior to moving forward. The other comment came from the Florida Department of Transportation that indicated US 27 is a constrained six -lane roadway with no additional capacity improvements planned or expected. The two comments have been addressed through conditions in the Planned Unit Development Ordinance, particularly the transportation impact fee credit agreement for the roadway network. Staff recommended approval of the applicant's request for a change to the Master Planned Development. City of Clermont MINUTES REGULAR COUNCIL MEETING November 19, 2019 The applicant is requesting a rezoning to a mixed use Planned Unit Development consisting of 1,850 residential units, 300,000 square feet of commercial uses, and 500,000 square feet of office uses on 743 +/- acres in the Wellness Way area. The residential developer, Lennar, is planning on developing duplexes, townhomes and detached single family homes. All of the residential development is arranged on the east of the Hancock Road extension. Two Neighborhood Centers are being planned adjacent to the residential uses that consist of primarily C-1 Light Commercial uses that complement the residential uses. The remaining non-residential portion of the project, commercial.and office uses, will primarily be located on the western portion of the site between Hancock Road extension and US Highway 27. Included in this area is a 15-acre charter school site and one and a half acre civic use site. staff recommends approval. The staff supported requested waivers for the project were read aloud and reviewed. The additional requested waivers which were not supported by staff were read aloud and reviewed. The developer has included open space in the form of usable parks, playgrounds, tot lots, community gardens, and pedestrian trails around storm water ponds. In addition, a 10-acre amenity center is being set aside for the residential component. The developer has agreed to enter into a Transportation Impact Fee Credit Agreement with Lake County and the City of Clermont. Staff recommends approval of Ordinance No. 2019-06 with one additional change. Dan O'Keefe, real estate attorney, representative for South Lake Crossings, stated this project was transmitted to the State in July and is working with the City and the County staff to address any concerns. This project provides residential uses, commercial uses, and school use. Erica Hughes, with VHB Civil Engineer, provided an overview of the project and reviewed the Wellness Way Master Plan map. The Wellness Way Area will provide the final portion of the east west connection between 429 and Orange County. The proposed Planned Unite Development is designed to be pedestrian friendly providing multiuse trails throughout the development and connecting parks . throughout the development. Mayor Ash opened the Public hearing. There were no comments. Mayor Ash closed the Public Hearing. City Manager Gray stated City staff has been working with the property owner for over two years. This will be the southernmost point the City will annex at this point. There are only a few other Wellness Way projects which will annex into the City with the other projects staying within the County. The project has included a roadway network into their Planned Unit Development which will help connect to the 429 and US 27. This project also includes a part of extending Hancock Road and County Road 455. Council Member Bates expressed support for the project and requested clarification about Wellness Way. City Manager Gray stated it will go from US 27 east to Orange County and connect to the 429. The Orange County side has started alignment for the east west connection. Council Member Bates inquired about Hancock Road. City Manager Gray replied Hancock Road is being designed as a four lane road. Council Member Bates inquired about the proposed charter school. Ms. Hughes replied the charter school is being worked on but it is not final. Mayor Ash inquired about waivers not supported by staff. City Manager Gray replied the right-of-way will comply with City standards and the signage will return to Council for approval. Council Member Brishke inquired about cut and fill. John Powell, with VHB Civil Engineering, identified the areas which they are proposing to cut and fill. Both areas are less than 10 percent of the site. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING November 19, 2019 Council Member Brishke asked if the matter will return to Council. City Manager Gray stated this is the final hearing for the residential side unless they want to change anything. However, the commercial pieces will return to Council as they come in. Council Member Brishke expressed support for keeping the hills and expressed concern for proper tree sizes. City Manager Gray replied the City's requirement of 60 foot right-of-ways help to address the problem of oversized trees placed in the landscaping. Staff has worked with the applicant to ensure the correct trees are used. Council Member Travis expressed concern for only one school site for the project area. Attorney O'Keefe stated the School Board has indicated they have the capacity to service the area without the proposed school site. They did provide a comment about future school capacity which the applicant has addressed with the proposed school site. City Manager Gray clarified the applicant will have to meet school concurrency to be permitted and before they build the homes. Council Member Purvis inquired about age restricted neighborhoods. Attorney O'Keefe replied there are no age restrictions to the proposed neighborhoods. Council Member Purvis expressed concerns for small parks in the development. Ms. Hughes clarified the development will also have the large open green space, which is labelled as pond on the map, to utilize along with the indicated park space. Council Member Travis moved to approve Ordinance No. 2019-04: seconded by Council Member Bates. The motion passed 5 to 0 with a roll call vote. Council Member Travis moved to approve Ordinance No. 2019-05: seconded by Council Member Bates. The motion passed 5 to 0 with a roll call vote. Council Member Travis moved to approve Ordinance No. 2019-06 as amended-, seconded by Council Member Brishke. The motion passed 5 to 0 with a roll call vote. Item No. 5 — Ordinance No. 2019-47, Final, Heritage Square Distillery City Clerk Howe read Ordinance No. 2019-47 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, recording and publication. Development Services Director Henschel presented the applicant's request for a zoning change to Planned Unit Development to allow for the development of a distillery with a tasting room, restaurants and retail shops. The development of the property will promote and encourage more retail and mixed uses business opportunities in the area. Planned Unit Development zoning will allow the developer more flexibility to create a Master Development Plan for the property via waivers. The seven requested waivers were read aloud and reviewed. Staff recommended approval of applicant's request for a zoning change to Planned Unit Development. Proposed renderings were shown to the Council. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING November 19, 2019 Jimmy Crawford, Attorney and representative for the applicant, congratulated Council Member Purvis. The same developer that is developing 55 West will also be developing the proposed project. The project partner, Nationwide Craft Distillery, operate seven craft distilleries in other parts of the Country and won Craft Distilleries of the US Award six years in a row. Proposed concepts of the project were shown and reviewed. There will be two walls of six-foot maximum each and only where the wall transitions from the shorter wall to the taller wall is where an up to a ten -foot wall will be needed to help mesh the two six-foot walls. The applicant is asking for a shared parking variance as the code requires parking per square footage for each building causing an over parking requirement. Lake County was concerned with 12th Street and requested the main entrance be located centrally between Desoto and 12th Street. The applicant is going to dedicate and construct a turning lane into the project. Attorney Crawford reviewed the Conceptual Site Plan with the Council. Mayor Ash opened the Public Hearing. Charlene Forth, 939 W. Desoto Street, expressed concern for the neighbors on West Desoto and suggested a left turn only lane onto West Desoto due to the residential area. Mrs. Forth requested additional time to speak. Council Member Purvis requested clarification on the time limit. City Attorney Mantzaris clarified the majority of the Council controls how the meeting is run. The Mayor is given the responsibility of presiding officer which is responsive to the majority of the Council. The only single member of the Council who can direct how the meeting proceeds is the Mayor. Other than that, a majority of the Council could direct the meeting. Council Member Purvis requested an extension of the time limit. Mayor Ash stated the time limit has been the standard for the past five years. Council Member Bates and Council Member Brishke agreed to allow an additional minute to the member of the public. Charlene Forth, 939 W. Desoto Street, showed images of a car accident and requested an exit on Desoto Street to go left on 12th Street. Libby Hanna, 1251 Fran Mar Court, expressed a concern with parking. Dave Yaeger, 1026 Braewood Drive, expressed opposition to the three -minute time limit. Bill Delaney, 10312 Lake Minneola Shores, inquired about products to be sold at the distillery. Mayor Ash closed the Public Hearing. Attorney Crawford stated the applicant is providing a left turn lane to encourage traffic to turn left. However, the traffic engineers at Lake County and City Staff decided it was not a good idea to prohibit right turns. The connection from the property to downtown is important. The applicant agrees to prohibit street parking if the City would like to suggest such restrictions. Development Services Director Henschel explained the City's code requires a certain amount of parking spaces per square footage of building space. Shared parking allows the different building spaces to share parking spaces when calculating the parking spaces needed per square footage. Attorney Crawford stated shared parking has been allowed before when you have a shopping plaza with multiple stores and buildings. G City of Clermont MINUTES REGULAR COUNCIL MEETING November 19, 2019 Council Member Bates inquired about handicapped parking. Rick McCoy, 644 West Avenue, stated the project is required to have one handicap space for every 25 parking spaces which totaled 8 spaces in the front. Council Member Bates asked for the applicant to look at having additional handicapped spaces. Attorney Crawford stated they would be willing to look into adding more handicapped spaces but it may lower their total parking spaces, which they are required to have and may need an additional approval. Council Member Bates inquired about truck traffic. Mr. McCoy stated the concept was to attempt to keep truck traffic separate. The industrial zoning will require for Juniata to become a truck route no matter what business goes into the property. Council Member Bates expressed concern for the signage shown. Attorney Crawford stated the images showed were artistic renderings but all signage used when building the property will meet City standards. Council Member Brishke expressed concern with the amount for employee parking and adequate connection between buildings as well as inquired if there are any future plans for City approved monument signs and the proposed length of retaining wall. Attorney Crawford stated what is shown is not enough but with the nine foot spaces rather than the allowed 10 foot spaces at the back of the property would allow for adequate employee parking. The applicant is planning monument signs but only signs that meet city standards. Mr. McCoy stated there is a 20-foot landscape buffer along Highway 50 which will be split in half by a retaining wall. Towards the end, the property will need to be flattened out and may require an additional height for the retaining wall but the maximum height would be no more than 10 feet. Within the 20-foot buffer, there will be landscaping to hide the wall. The service area in the back of the property will be for the deliveries for the truck. Attorney Crawford clarified the bottling and distillery will have six or seven employees each who will only be working during the day. The bar and restaurant employees will be more of an evening use. There is currently a verbal agreement with the church for overflow parking. Father Bob from the Blessed Sacrament Catholic Church wrote an email of support for the project. Council Member Purvis expressed support for the project and inquired about the size of the delivery trucks. Mr. McCoy replied the delivery trucks would be semi -trucks with the anticipated deliveries being made once a day. Tom Kovach clarified that most of the deliveries will be made during the afternoon hours during off peak hours. Council Member Purvis expressed concern about the time of day deliveries will be made and the routes the trucks will take after they make their delivery. Attorney Crawford suggested to direct truck drivers through signage to exit the property. City Attorney Mantzaris stated the Council could include that requirement in the motion. Council Member Purvis suggested making Desoto Street a restricted traffic street. Council Member Travis expressed concern with cutting people off from downtown. City Attorney Mantzaris stated restricting the traffic on Desoto Street is beyond the scope of the request before the Council. The Council can put restrictions on the proposed project. Attorney Crawford stated the applicant would be willing to place a sign indicating no right turns for the delivery trucks. Council Member Purvis inquired about hours of operation. Mr. Kovach stated they are envisioning shopping, retail, restaurant, and distillery uses for this property. The Distillery is the anchor tenant but other businesses are welcome to open there, such as a bakery could go there which may have normal day hours. If retail businesses decide to go in, then they may have hours that keep them open throughout the day. 7 City of Clermont MINUTES REGULAR COUNCILMEETING November 19, 2019 Council Member Travis moved to approve Ordinance No. 2019-47: seconded Council Member Brishke. City Attorney Mantzaris. inquired if Council would like to address the issue of parking and restriction on egress on Desoto during their motion. If the Council would like for the applicant to increase their handicap parking spaces, that will force them not to meet the requirement on the number of parking spaces which can be addressed in the motion to approve the Ordinance if the Council wishes to do so. Attorney Crawford stated they could add two additional handicap spaces but would leave them short on overall parking spaces. City Attorney Mantzaris suggested for Council to change item number six of the ordinance to add "and include a minimum of 194 non -handicap and 8 handicap spaces. In the event the project can be developed with additional handicap spaces, resulting in a reduction of the number of the non - handicap spaces, an amendment to this Conditional Use Permit shall not be required." City Attorney Mantzaris suggested amending section 14 to add "at a minimum, the project shall include and maintain signage that will prohibit truck traffic egress East on Desoto Street." Council Member Travis moved to approve Ordinance No. 2019-47 with two proposed additional conditions, seconded by Council Member Bates. The motion passed 5 to 0 with a roll call vote. NEW BUSINESS Item No. 6 — Resolution No. 2019-30R City Clerk Howe read Resolution No. 2019-30R aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, amending the Parks and Recreation Fee Schedule; repealing all prior Resolutions in conflict herewith and providing an effective date. Parks and Recreation Director Davidoff presented an overview of Lake County Boat Ramps, Orange County Boat Ramps, and the Clermont Boat Ramp. The fees between the different boat ramps were compared. The City currently charges $5.00 daily rate and $35.00 annual pass for City residents. The old boat ramp had a total of 77 spaces and the new boat ramp will have a total of 100 spaces. Staff recommended keeping.the fees the same for use of the parking lot and boat ramp. Payment will be made via credit card at two self-service parking kiosks. City Manager Gray clarified City residents can still purchase an annual pass. Mayor Ash opened Public Hearing. There were no comments. Mayor closed the Public Hearing. Council Member Brishke inquired about payment options. Parks and Recreation Director Davidoff replied the kiosks are only credit card based. Council Member Bates moved to approve Resolution 2019-30R: seconded by Council Member Brishke. The motion passed with all members present voting aye. City of Clermont MINUTES REGULAR COUNCIL MEETING November 19, 2019 Item No. 7 — Ordinance No. 2019-48, Introduction, Olympus Community Development District City Clerk Howe read Ordinance No. 2019-48 aloud by title only. An Ordinance of the City Council of the City of Clermont, Florida, establishing, on the proposed property known as Olympus and further described herein, and recognizing, the Community Development District, created and chartered by Uniform General Law, the Uniform Community Development District Act of Florida, Chapter 190, Florida Statutes (2001 and hereafter); acknowledging the uniform district charter expressed in Sections 190.006-190.041, Florida Statutes, and as referenced and provided by Section 190.004(4), Florida Statutes, and confirmed by Section 189.4031(d), Florida Statutes; establishing the district (on the property proposed in this petition) and designating the initial members of the district board of supervisors; and, designating the proposed land area within which the district may manage and finance its basic infrastructure, systems, facilities, services, improvements and projects; providing for severability and effective date. Council Member Bates moved to introduce Ordinance No. 2019-48; seconded by Council Member Brishke. The motion passed with all members present voting aye. V City of Clermont MINUTES REGULAR COUNCIL MEETING November 19, 2019 ADJOURN: With no further comments, this meeting adjourned at 9:07pm. APPROVED: Ad,, l ��k Gail L. Ash, Mayor ATTEST: n Tracy Ackroyd Howe, City Clerk