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02.23.2021 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2021 The City Council met in a regular meeting on Tuesday, February 23, 2021 in the Clermont City Council Chambers. Mayor Murry called the meeting to order at 6:30pm with the following Council Members present: Council Members Pines, Entsuah, Bates, and Purvis. Other City officials present were Interim City Manager Dauderis, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Dawn Carter of the First United Methodist Church gave the invocation followed by the Pledge of Allegiance. The following is part of the City Manager's Report, but was heard out of order at this time. Interim City Manager Dauderis reviewed agenda changes informing the Council that Agenda Items No. 4 and 5 had been withdrawn, and Items No. 6 and 7 have requested to be tabled to April 13, 2021. OATH OF OFFICE Chaplain Dawn Carter Police Chief Broadway introduced Dawn Carter, FUMC and gave a brief background on the chaplain program. Chief Broadway read the oath aloud having Pastor Carter recite the oath. PROCLAMATIONS World Hearing Day City Clerk Howe read the proclamation into the record and Mayor Murry presented the proclamation to Dr. Laura Pratesi and her office associates. The follolving is part of the Reports Section of the agenda, but was heard out of order at this time. LAKE COUNTY COMMISSION REPORT Mayor Murry asked Commissioner Sean Parks to come forward to give his report to the City Council. Sean Parks, Lake County Commissioner — County Commissioner Parks introduced the new County Manager Alan Rosen. Alan Rosen, Lake County Manager — Mr. Rosen said that he was happy to be serving Lake County. Mr. Rosen provided an update on the Marsh Road situation. He stated that the Lake County Commission provided direction to him that day to send a strongly worded letter to Winter Garden asking them to rescind their resolution. He informed them that the Titan who owns the sand mine will also be sending a letter. Both are actively working to engage Orange County as well. Mayor Murry informed the Council that the item will be up for consideration that Thursday. Commissioner Parks informed the Council that the County has also reached out to the State Department of Transportation (FDOT). FDOT Secretary Kevin Tebow lives in Lake County and is aware of the situation and also has questions and concerns. In light of the action by Winter Garden, the County is asking for expediting the expansion of Hartwood Marsh Road. Commissioner Parks stated that they need data before taking any more serious action. City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2021 Council Member Purvis thanked Commissioner Parks and Mr. Rosen for their work thus far. He reminded them though that enforcement is set to take effect in seven (7) days, and he does not believe that a letter is a strong enough action. He inquired as to who actually owns that section of road. Commissioner Parks responded that it is most likely Orange County, but Winter Garden may have a small portion of it. Council Member Purvis asked if the City and the County can ask the courts for a temporary injunction for relief. City Attorney Mantzaris responded that there is an option available to take an action like that. The difficulty is in determining if Clermont has the necessary standing and the right to participate. All the roads being affected are County roads which the City has no jurisdiction over. City Attorney Mantzaris informed the Council that there is a legal representative from Titan present who is willing to present their plan of action. Council Member Bates asked if there was anything prohibiting the City of Clermont from attending the Winter Garden meeting and stating the City's position. Mayor Murry stated that he talked to the Winter Garden mayor yesterday and he said that they may have overstepped their bounds. Council Member Purvis asked for a response from the City Attorney within 48 hours whether or not the City can file, if necessary, a petition for an injunction. City Attorney Mantzaris replied that he will attempt to get an answer for the Council, but cautioned the Council that the City is in a precarious situation for what it can do. The Council gave a consensus that Council Member Bates should represent the City at the Winter Garden meeting. Commissioner Parks informed the Council that if the County is going to move forward with an ordinance, they need to have the data to go into that first to make sure it is legally defensible so they do not get a lawsuit; asking Winter Garden to rescind their resolution is only the first step. Susan Stevens, Titan Inc - Legal Representative. Informed the Council that Titan will be filing a lawsuit the following day. Ms. Stevens also informed the Council that stretch of road being considered is only a half mile stretch and it is not entirely owned by the City of Winter Garden. While the intention may have been to stop the mining trucks, the way the ordinance was written it will stop all three (3) axle vehicles whether they are from Wal-Mart, Publix, Titan, or a shipping company. She added that mining operation has been in its location since 1969 and that Titan actually built the road that they are now being barred from using. Council Member Purvis asked if the City was to join the lawsuit, would it be in name only or would there be a financial component as well. Ms. Stevens said that she is not asking the City to contribute financially. Interim City Manager Dauderis provided the Council a copy of the PowerPoint from Lake County that includes their action items. She also told the Council that she has spoken with the Winter Garden City Manager as well as the City's lobbyist in Tallahassee. PUBLIC COMMENTS David Surter, Fruitland Park, FL - He commented that individuals need to talk to their representatives. Jerry Miller, 3294 Saloman Lane, Heritage Hills — Thanked Council who replied to his emails. Supports the Winter Garden decision. City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2021 Sue Cordova, 2768 Kingston Ridge Drive, Clermont — Thanked Council Members who replied to his emails. Supports the Winter Garden decision. Suggested that the City and the County put a moratorium on all future development on Hartwood Marsh Road. Chris Martin, Clermont Police Union, 3600 US 27 — Wanted to address comments made at the January 26, 2021 City Council meeting regarding the Clermont Police Department. For most of the City's history, the Clermont Police Department has provided for the safety and well-being of its citizens, however there has never been perfection and there has been periods where individuals, not the organization, have been blemishes. The existence of bad actors are the exception and not the rule. Mr. Martin expressed gratification to Chief Broadway and the actions he has taken since becoming Chief. He reminded the Council that Clermont is accredited both regionally and nationally. Mr. Martin talked about the successes of the Police Department. He urged the Mayor to recognize the reality of the situation and reminded him that words and ideas matter and can erase years of progress in mere moments. Mr. Martin expressed his sincere hope that the City leadership and the Police Department can grow together for a better and brighter future for everyone. Dani Page, Inside Clermont — Reminded the Council that Mayor has not apologized for comments made regarding the Police Department. Vincent Niemiec, 4569 Barrister Drive, Clermont — Informed the Council that he is a member of the Planning and Zoning Commission, but is speaking as a citizen. Opposes the Winter Garden decision. Suggested a moratorium on any development that will increase traffic on Hartwood Marsh Road until a solution is reached. Shawna Vaughn, 473 Blue Cypress Drive — Supports the Police Department. Urged the Mayor to be a positive influence and to retract his recent statements about the Clermont Police Department. Rick Altman, KeepClermontRural.org, 10723 Lake Ralph Drive, Clermont — Urged the Council to pass an ordinance for wise development and keep Clermont rural. Asked the Council to help preserve the green swamp area against sand mining for purposes of tourism and more. Pastor Daniel Berios, 13742 Vista Del Lago Blvd — Asked the Council to consider the plight of the homeless in Clermont. Charlene Forth, 939 W. Desoto Street, Clermont — Supports the Mayor. Urged him not to apologize to the Police Department. Kathleen Dian, Principal, Imagine South Lake Charter — Provided schools perspective on Hartwood Marsh situation. Asked the Council and the County to consider limitations immediately to ensure safety for the children. Jack Monerra, 1319 11 ' Street — Urged the Council to be compassionate to the homeless. REPORTS INTERIM CITY MANAGER REPORT Interim City Manager Dauderis asked the Council if they would like the City to send a letter to Winter Garden. The Council agreed to send a letter. Interim City Manager Dauderis provided an update on the City Manager recruitment process and stated that based on conversation at the workshop they are going to go out to bid for an executive search firm. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2021 Interim City Manager Dauderis provided an update on council meeting locations. She informed the Council that while the Council can return to the Chambers, staff is cautioning against returning while the Council meetings have some contentious issues on the agenda. The Council agreed that they should remain at the CCC until staff determines it is safe to return to the Chambers. Finally, it was announced that there would be a CRA meeting on March 9, 2021 at 6:OOpm. CITY ATTORNEY REPORT City Attorney Mantzaris — No report. CITY COUNCIL REPORT Council Member Bates — • Attended Lake County League of Cities Board of Directors meeting. • Informed the Council that the state legislative session starts on March 2. o HB 403 needs to be watched as it limits local government control Council Member Purvis — • Will be attending the Metropolitan Planning Organization meeting the following day. • Asked for a report on the Art Walk District. Upset with lack of communication. • Thanked staff and Fire Department for their work on Covid-19. • Implored the Mayor to address the comments made against the Clermont Police Department. Council Member Entsuah — • Attended the coffee with a cop. Encouraged other Council Members to attend. • Also, spoke to students about perseverance and attitude. Council Member Pines — • Read portions of a written statement regarding the Mayors recent statements on the Clermont Police Department Mayor Murry — • Restated his support and respect for the Clermont Police Department, his admiration for Chief Broadway and his pride in the City of Clermont. Council Member Purvis expressed disappointment that the Mayor would not apologize for calling the Police Department racist which was captured on recording. Mayor Murry clarified that he never called the Clermont Police Department racist. He stated that the issue was the proposed Citizen Advisory Committee, and he will not apologize for something he did not do. Interim City Manager Dauderis provided an update regarding the Art Walk District. Development Services Director Henschel added that the bicycle is covered up and the mural with the count trillion has been painted 4 City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2021 over. Interim City Manager Dauderis committed to making the Art Walk update a standing item at meetings until the issue is resolved. City Attorney Mantzaris informed the Council regarding a Conditional Use Permit issue; the CUP granted to the Art Walk Eatery is null and void because it was not filed correctly, but the building is current. There were no further updates. CONSENT AGENDA Mayor Murry 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— Minutes Approval Item No. 2 — Piggyback Purchase and Budget Item No. 3 — Piggyback Agreement Consider approval of the minutes from the City Council meetings of January 26, 2021 and February 9, 2021; and the February 3, 2021 Ethics Training. Consider request to piggyback the Florida Sheriff's Association contract with Garber Chrysler Dodge Jeep, Inc to purchase seven (7) police rated vehicles in the total amount of $196,950.85 and a budget amendment from Police Impact Fees in the amount of $181,500.00 to cover the total costs for three (3) vehicles. Consider request to piggyback Seminole County contract with R&M Service Solutions, LLC to provide Hydrant and Valve Maintenance, Repair and Flushing Services in the annual estimated budgeted amount of $162,000. MOTION TO APPROVE the consent agenda for February 23 2021 made by Council Member Bates. Seconded by Council Member Entsuah. Passed unanimously with all members present voicing aye. UNFINISHED BUSINESS Item No. 4 — Ordinance No. 2019-14 FINAL — Wise Annexation — WITHDRAWN Item No. 5 — Ordinance No. 2019-15 FINAL — Wise Large Scale CPA — WITHDRAWN Item No. 6 — Ordinance No. 2020-16 FINAL — Hartwood Marsh Assisted Living CPA — TABLED The following was heard out of order and was considered during the City Managers Report. City Clerk Howe read the legal title into the record. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2021 PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT, PROVIDING FOR THE ADOPTION OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. MOTION TO TABLE the heariny, of Ordinance No. 2020-16 until April 13 2021 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimousl with all members present voicing aye. Item No. 7 — Ordinance No. 2020-17 FINAL — Hartwood Marsh Assisted Living Rezoning — TABLED 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. The following was heard out of order and was considered during the City Managers Report. City Clerk Howe read the legal title into the record. MOTION TO TABLE the hearing of Ordinance No. 2020-17 until April 13 2021 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimousl with all members present voicing aye. Item No. 8 — Ordinance No. 2021-001 FINAL —Hooks Street/Skorman Multi -Family PUD 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 CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, AN EFFECTIVE DATE AND PUBLICATION. Planning Manager John Kruse presented the staff presentation on behalf of the City. The applicant is requesting a rezoning of parcel on Hooks Street to Planned Unit Development (PUD) for a multi -family apartment complex. The parcel is located at the intersection of Hooks Street and Excalibur Road and is adjacent to East Ridge Middle School. The PUD zoning category is being requested since it allows an increased density. The property is located in the City of Clermont and will be served by the city's utilities. The applicant is 2 City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2021 proposing access points on Excalibur Road and Hooks Street. Atraffic impact analysis has been performed and the study did not identify any new roadway deficiencies. The study did identify a failing level of service during the morning peak hours associated with the school traffic. The applicants consultant has indicated that during the morning traffic residents will most likely use the Hooks Street access, and the developers have further committed that Excalibur Road exit will be closed from 6:OOam to 7:45am. The applicant is requesting one (1) waiver to the Land Development Code. They have requested a waiver to allow for a cut and fill of 13 ft. The applicant has revised this down from an initial request of 30 ft. Staff supports the waiver. Upon staff review, staff recommends approval of the ordinance. The Planning and Zoning Commission unanimously also recommended approval. Jimmy Crawford, 702 W. Montrose Street — Applicants Representative. Mr. Crawford apologized to the Council explaining that there are a lot of important issues with this project and he has a number exhibits and expert testimony that will require about a one (1) hour presentation. Council Member Purvis asked if they could expedite the process by just asking questions instead of hearing the full presentation. City Attorney Mantzaris informed the Council that as this is a quasi-judicial issue, the applicants have the right to present their case in the manner they feel best represents their position. Mr. Crawford provided a background of Skorman Development and explained it is a father and son company. He introduced Kevin Skorman as his first speaker. Kevin Skorman, 6000 Metro West Blvd —Applicant. Mr. Skorman Jr. gave a history of his company. They are a state certified general contractor who averages three (3) projects per year with a focus on presenting a quality product. He expressed that the topography of the site was a challenge. They are planning to own and operate the site long term, and pledge to donate $100 for every lease signed to a Clermont based charity. Mr. Crawford introduced Mark Skorman. Mark Skornian, 9720 Lake Isleworth Court, Windermere — Applicant. Mr. Skorman Sr. displayed an example of their product and gave an overview of the quality of the development. He then described the Clermont project and gave a high level overview of its design and the improvements they made to conform to City staff's requests. Mr. Crawford informed the Council that there are 138 businesses within 1 mile of the site. The development team felt that this parcel was the perfect location as it is not abutting a single-family residential neighborhood. Mr. Crawford stated that the rates would be as follows: - 1 Bedroom = $1,000/Month - 2 Bedroom = $1,400/Month - 3 Bedroom = $1,700/Month Mr. Crawford added that the project would also allow for multiple tenant occupancy as long as the primary lease holder was occupying one of the rooms on the lease. Mr. Crawford then introduced Bob Koch who served as the architect for the project. Bob Koch, 2555 Temple Drive, Winter Park —Applicant Representative. Mr. Koch said his firm specializes in multifamily development. He explained that the side is a sand hill and thus is challenging. They have 7 City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2021 designed a project to fit and compliment the topography. The parking is on the backside and is hidden by the buildings. The roads switch back and forth in tiers. They have 9 ft. ceilings. Mr. Crawford introduced Chuck Hiatt as the project's civil engineer to discuss site plan issues. Chuck Hiatt, Civil Engineer, Besh-Halff — Applicant Representative. Mr. Hiatt informed the Council that even with a closed exit in the morning, the development would be able to accommodate a school bus stop inside the development. He also added.that he felt that a 10 percent grading is the minimum that the parcel and topography will allow. Mr. Crawford asked if the property could be developed for single family residential without a grading waiver. Mr. Hiatt said that he does not believe it would be possible. Mr. Crawford introduced James Taylor as the projects traffic engineer. He also informed the Council that he will provide the Clerk with a CD of all the resumes for the experts he is presenting to the Council. James Taylor, Kimley Horn & Associates — Applicant Representative. Mr. Taylor performed the traffic impact analysis on the site. The study area was conducted within a one mile radius. The trip generation methodology is derived from the latest standards. The projects impact 1.7 percent. There will be no transportation deficiencies. Council Member Entsuah asked what an acceptable level of service (LUS) is defined as. Mr. Taylor says it depends on the road as the City and County adopt maximum levels of service for each road. Hooks Street is currently operating at a LUS of C which means it has a lot of capacity. In contrast, SR 50 is closer to an E and sometimes an F in certain areas. Mr. Crawford reviewed several legal issues regarding the approval and why the applicant feels the Council has a legal responsibility to approve the project. He emphasized that the applicants are doing what the Council asked them to do. He reminded the Council that the City staff, the City's consultant, and the City's Planning and Zoning Commission are all supporting this project. Mr. Crawford began to review news articles and letters of support for the project and apartments in Clermont. Due to technical difficulties, a recess was called at 9:14PM The Council reconvened at 9: 22PM. Mr. Crawford concluded reviewing the support letters received for the project. He reserved the right to respond to public comments. Mayor Murry opened the public hearing for comments from the public. Charlene Forth, 939 W. Desoto Street, Clermont — opposed to the request. Pastor Brenda Walker, 915 W. Desoto Street — Supports the project, but is looking for more affordable housing where she can move and raise her grandchildren. Reginald Boyd, 3723 Briar Run — Supports the project and supports affordable housing in Clermont. Brad Parker, 1845 Merlot Drive, Sanford — Supports the project. Commercial realtor and a Baptist Minister. Dani Page, 2422 Lakewood Avenue, Clermont — Opposed the project. Expressed concerns with traffic and transient residents. Spoke to Hellen Lavalle with the School Board who said there were issues with the report. City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2021 Brett Tabor, 15167 Utonia Street — Supports the project. Works in Clermont and wants to move family here, but cannot afford a home, and felt that current apartment offerings are not up to par. Ricardo Cumberbatch, 11014 Hawkseye Court, Windermere — Supports the project. Spoke to quality of Skorman facility in Windermere. John Lattimore, 4519 South Lake Orlando Parkway, Orlando — Supports the project. He has friends that want to live in Clermont, but cannot afford a home. Tonya Hopper, 10138 Lennox Street, Clermont — Supports the project. Ms. Hopper is a relocation specialist who has found it difficult to place working professionals in Clermont due to the lack of affordable housing. Lisa Williams, 297 Emerald Shores Circle, Windermere — Supports the project. Works for the Skormans and spoke to their quality as developers and facility managers. Mark Hillary 619 W. SR 50, Groveland — Supports the project. Mr. Hillary's family owns a tree farm that would supply trees to the project. Joa Macnalie, 3296 White Blossom Lane — Neither supports or opposes the project. Asked the Council to define affordable housing and the pricing index. Jeff Forest 1400 High Springs Lane, Oakland — Supports the project. Lisa Rayborn, 14124 Cypress Dr., Clermont — Supports the project. Informed the Council that construction is at an all-time high. There is not enough supply and the demand is only growing higher. Seeing no further comments from public, Mayor Murry closed the public hearing. Council Member Pines asked Interim City Manager Dauderis to add multifamily housing to an upcoming workshop. She then expressed concerns for the project explaining that she feels it is too close to a school; she does not like the location. She also stated that this is not affordable housing. Council Member Purvis expressed frustration with Mr. Crawford's presentation length saying that he oversold the project and lost him half way through. He disclosed that he met with Mr. Crawford regarding the project. He expressed a significant concern with the subleasing of rooms. He indicated he will not support the project because of that issue. Mr. Crawford explained that the decision to offer sublets was made because of the Council's direction to offer affordable housing. They can remove it if that is the stumbling block. Council Member Bates disclosed he met with the applicant via a phone call. He will not be supporting the project. He expressed concerns regarding traffic. Mr. Skorman Sr. explained they attempted to do high density development at the site, but the City staff had nixed the plan due to the cut size that it would have required. He re-emphasized that they added the room renting option in response to the direction they received regarding affordable housing. He added that their normal renting procedures require a background check and a one (1) year lease. Council Member Entsuah stated that while he supports the project in concept, he is against the project location due to its closeness to the schools and traffic. Mr. Skorman Sr. responded that their development in Minneola is next to Lake Minneola High School and they have a great partnership with the school. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2021 Mayor Murry said that he would not support the project due to its location by the schools and his issue with the grading as he favors the hills. He also expressed that this is not, in his opinion, affordable housing. Council Member Purvis spoke to the Council in favor of the applicant and said that the location is a challenge for any type of development. He feels the applicant did an outstanding job and wants to support the project. He asked the applicant if they would be willing to increase the landscape buffering between the project and school. Mr. Skorman, Sr. replied they are open to adding additional landscape buffering. Mr. Skorman, Jr. spoke to the Council about the topography challenges presented on Hooks Street. They came back to city staff four (4) different times before staff was willing to support a proposal. He is unaware of any other property on Hooks Street that can support multi -family development. Mayor Murry told the developer they have done an outstanding job with a challenging parcel, but he will not support the project. MOTION TO DENY the adoption of Ordinance No. 2021-001 made by Council Member Bates. Seconded by Council Member Pines. Prior to the vote being taken, City Attorney Mantzaris asked that since this is a PUD review, he recommends adding language to the motion clarifying that the motion to deny is because the applicant has failed to meet the review criteria in the City Code for impact on the surrounding area and traffic. Council Member Bates restated his motion with the suggested language. MOTION TO DENY the adoption of Ordinance No. 2021-001 due to the fact that it failed to meet the City Code review criteria for location. impact on the surrounding -area and traffic impact made by Council Member Bates. Seconded by Council Member Pines. Passed 4-1 on roll call vote with Council Member Purvis dissentin . Item No. 9 — Ordinance No. 2021-002 FINAL — Ford of Clermont Rezoning 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 CONFLICT, SEVERABILITY, AND ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND EFFECTIVE DATE. Development Services Director Henschel presented the staff presentation. The applicant is asking for a rezoning from C2 to PUD to allow for remodel and expansion of Ford of Clermont dealership as is required by Ford national. The facility was constructed in 1976, and the current zoning class does not allow for development flexibility. The proposed remodel will require four (4) waivers. Upon staff review, staff supports 3 of the 4 requested waivers. The waiver requests are as follows: 1. To allow landscape islands of less than 300 sq. ft. Staff does not support this waiver. 2. To allow 25 contiguous parking spaces without a landscape buffer. Staff supports this waiver. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2021 3. To allow a decrease in parking space size from 1 Oft to 8ft for inventory. Staff supports this waiver. 4. To exceed the maximum 80 percent impervious surface ration. Staff supports this waiver. Staff recommends approval as presented with the approval of waivers 2-4 and denial of all other requests. The Planning and Zoning Commission also recommended approval. Jimmy Crawford, 702 W. Montrose St., Clermont - Applicant Representative. The group Mr. Crawford represents purchased the dealership in 2019. The existing facility was constructed without any waivers; however, it was built in 1976. They are asking to upgrade a grandfathered, existing, deficient site to bring it up to date with the dealer required mandates received from Ford nation. If they do not meet the mandates, they will have to sell the site and relocate. Mr. Crawford introduced Greg Crawford as project engineer. Greg Crawford, Florida Engineering Group — Applicant Representative. Gave an engineering overview of the landscape islands. Mr. Crawford stated that they are putting in pervious concrete that will allow the water to agitate to the ground underneath. Any additional impervious space will be constructed using the pervious concrete materials. Mr. Crawford also informed the Council that the property will receive credit for using the pervious concrete from the water management district. Mr. Jimmy Crawford gave the Council an overview of the economic impact of the dealership to Clermont. Mayor Murry opened the public hearing for comments from the public; seeing no public come forth, the floor was closed. After some brief discussion, the Council indicated support for the project. Mayor Murry said he could not support it due to exceeding the impervious surface amount. MOTION TO APPROVE and adopt Ordinance No. 2021-002 with waivers 1-4 intact_ Seconded by Council Member Purvis. Passed 4-1 on roll call vote with Mayor Mum dissentiny.. Item No. 10 — Ordinance No. 2021-008 FINAL —Municipal Service Taxing Unit (MSTU) AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTED PURSUANT TO SECTION 125.01(1)(q), FLORIDA STATUTES (1999), CONSENTING TO THE INCLUSION OF THE CITY OF CLERMONT, FLORIDA, WITHIN THE COUNTY -WIDE MUNICIPAL SERVICE TAXING UNIT FOR THE PROVISION OF AMBULANCE AND EMERGENCY MEDICAL SERVICES, AS ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; PROVIDING FOR THE CITY TO BE INCLUDED WITHIN SAID MUNICIPAL SERVICE TAXING UNIT FOR A SPECIFIED TERM OF YEARS; PROVIDING FOR SEVERABILITY, EFFECTIVE DATE AND PUBLICATION. Interim City Manager Dauderis explained that the ordinance is to continue the Municipal Service Taxing Unit (MSTU) for an additional one (1) year. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2021 Council Member Entsuah stated he would like to see a tri-city agreement instead of the County, but he is okay with the ordinance as is. Mayor Murry opened the public hearing for comments from the public; seeing none, the floor was closed. MOTION TO APPROVE and adopt Ordinance No. 2021-008 made by Council Member Bates. Seconded by Council Member Pines. Passed 5-0 on a roll call vote. The following was heard out of order, and would have normally been considered under reports. Prior to adjournment, Council Member Bates asked the Council to consider a time -sensitive event application. Stacy Uptain, 11001 Lake Catherine Circle, Clermont — Ms. Uptain informed the Council she is representing the Clermont Sailing Center non-profit. In October, she spoke with Parks and Recreation staff and was told she did not need a permit for their event. Now, she was told that they do need a permit and it is this weekend. Chris Dudeck, Parks and Events Manager, responded that the sailing regatta is a three (3) day event that they just received this week. Applications normally must be submitted sixty (60) days in advance. He also informed the Council that the special event permit was updated last winter to address the FDEP review requirement for any event on Lake Minneola. The event applicant must go through the FDEP permitting process first which takes about thirty (30) days. The City is not allowed to permit without FDEP approval. City Attorney Mantzaris advised the Council that they should respect the FDEP process and not approve the event as it risks penalties from the State. After a brief discussion with the Council and City Attorney, Ms. Uptain withdrew the request for a permit. No action was taken by the Council. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING February 23, 2021 ADJOURN: With no further comments, this meeting adjourned at 11:20 pm. `t ff�f• �V of •R)►r� ATTEST: Tracy Ackroyd Howe, City Clerk APPROVED: Tim Murry, May r 13 ORDER OF DENIAL Rezoning Application Hooks St. /Skorman Multifamily Request for Variance Location: Hooks St. /Excalibur Rd. (Alternate Key 1103908, 3801505, 3815507) Applicant: Jimmy Crawford, Esq. Application Date: August 31, 2020 The application was heard by the City Council to allow for the rezoning request from Urban Estate to Planned Unit Development (PUD) for a 204-unit apartment complex whereupon, the City Council, based on the information and evidence presented at the February 23, 2021 public hearing, due to the location, traffic concerns along Hooks St. and Excalibur Rd. and impact on the surrounding area does hereby find that the proposed and requested rezoning application does not meet the review criteria set forth in Section 122-315 of the Land Development Code of the City of Clermont. NOW, THEREFORE, the City Council of the City of Clermont, Lake County, Florida by a 4 - I vote does hereby deny the above -stated application for the rezoning request. DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 23rd day of February, 2021. CITY OF CLERMONT Tim Murry, Ma (or ATTEST: '_x Tracy Ackroyd Howe, CAy Clerk