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04.27.2021 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING April 27, 2021 The City Council met in a regular meeting on Tuesday, April 27, 2021 in the Clermont Arts and Recreation Center. 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 Deputy City Clerk Lueth. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was provided by Pastor Jonathon Brinkley with Vision Church Groveland followed by the Pledge of Allegiance. PROCLAMATION Public Service Recat-coition Week Deputy City Clerk Lueth read the proclamation into the record; it was received by Interim City Manager Dauderis. National Occu ational Health and Safety Week Deputy City Clerk Lueth read the proclamation into the record; it was received by Beth Brick of the Walt Disney Company. PRESENTATIONS Drop Savers Poster Contest Winners Lee Vandever, Assistant Director of Public Services introduced the contest and explained the history to those in attendance. The goal of the contest is to stress the importance of water conservation. Participants are provided a blank poster and asked to draw an image about what water conservation means to them. Adam Swanson, Public Services Manager for Water Distribution introduced the contest winners. Mr. Swanson introduced Christopher Gonzalez to the Council as the City's Water Conservation Officer. Mr. Swanson informed the Council that of the three schools that participated over 200 posters were received. There were two rounds of judging, the first by public services staff, and the second by City Hall staff. Competition Winners: Jordon Maldenado 3" d place, Division 1, l It Grade. Gianna Barga 2" place, Division 2, 3`d Grade Campbell Evans, 151 place, Division 3, 5' Grade. Mr. Swanson informed the Council that Ms. Evan's poster will be placed on the 2' floor of City Hall with all the other former winners. PUBLIC COMMENTS Paula Hoisington, 564 East Desoto Street, Clermont — concerned about speeding in the neighborhood. Her neighborhood is 30 miles per hour, but people are going 35 or 40. She would like to see it at 20 or 25 mph. She lost her brand new mailbox. Complimented Clermont Police Department. City of Clermont MINUTES REGULAR COUNCIL MEETING April 27, 2021 Donald Hubert, 4250 Caplock Street, Clermont — concerned about the amount of building and development in the City. Cindy Emely, 2633 Hartwood Pines Way — concerned about the amount of building and development in the City and the lack of infrastructure. City Attorney Mantzaris reminded the Council that the City Code states that applause is a distraction to those in attendance and a deterrent to those who may wish to voice opposing views. Alan Mejac, 3960 Longbow Drive, Hunters Run, Clermont — the addition of more traffic on Hartwood Marsh is a nightmare. The Imagine School has made the area much worse. Vincent Niemiec, Barrister Drive, Clermont — asked if there is an update on the Titan Land Mine situation. Dani Page, Tuscany Ridge, Clermont — Asked the Council to impose more stringent criteria and higher impact fees on developments in Clermont. Charlene Forth, 939 W. Desoto Street, Clermont — Against roads in environmentally strategic areas. Jack Sweeney, Regency Hills — Decisions need to be coordinated with Lake County government. There is traffic congestion on Hartwood Marsh. REPORTS INTERIM CITY MANAGER REPORT Interim City Manager Dauderis informed the Council about several changes to the agenda. The changes were considered and voted upon. Interim City Manager Dauderis then proceeded to thank City staff who had worked on putting together the Arts and Recreation Center to accommodate the meeting being held. CITY ATTORNEY REPORT City Attorney Mantzaris — No Report CITY COUNCIL REPORT Council Member Bates - Thanked the public for being in attendance and getting involved. - Provided update on Winter Garden/Hartwood Marsh Road issue. - Commented on legislature's consideration of Home Based Business bill. Council Member Purvis - Attended the Celebration of Education Council Member Entsuah - Attended the Celebration of Education - Attended the Celebration of Earth Day at the Lake Hiawatha Cleanup - Expressed appreciation for the Drop Savers competition - Asked the Interim City Manager to draft a resolution to keep Clermont in an age of energy conservation and make better decisions for the future. - Asked the Interim City Manager to create an internship program to learn more about government. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING April 27, 2021 Asked the Interim City Manager to consider hiring a grant writer for the City. Regarding the internship program, Interim City Manager Dauderis informed the Council that the City has had an active internship program in place since 2015, but City staff are willing to have a discussion to expand it. An expanded program would most likely require additional funding and resources. Regarding the grant writer, Interim City Manager Dauderis recommended that the Council review the request as part of the budget process. Council Member Purvis asked if the City had any outside designated grant writer contracts. Interim City Manager Dauderis responded that there is a consultant agreement in place to assist with Community Development Block Grants; each department handles their own grants. Council Member Pines - Discussed the April 20' City Council Workshop. Announced that beginning on May 15th, the Clermont Police Department will be patrolling the lake. Mayor Murry - Asked Interim City Manager Dauderis to provide an update on the boat ramp. - Attended the Police update at the Clermont City Center. - Thanked Fire Department for their vaccinations strategy. - May 2l't is diversity day and he is looking to do something for diversity day. - Announced that the City will have a 4' of July celebration this year. - Attended multiple new ribbon cuttings. Regarding the boat ramp, Interim City Manager Dauderis informed the Council that the boat ramp parking lot was changed into a vehicle with trailer only. A barrier was installed on both sides of the boat ramp. Regarding the diversity day activity, Interim City Manager Dauderis stated that they would be bringing a proclamation to the Council on May 11 along with the energy proclamation. Regarding the 4t' of July, Clermont is moving forward with a scaled down event. Lake Countv Board Chair Sean Parks Sean Parks, District 2, Lake County Board Chair - The County is having budget conversations, he encouraged residents to contact their Commissioner regarding their funding desires. - Regarding the Hartwood-Marsh sand truck issue, they decided not to pursue legal action against Winter Garden at this time. The option is still on the table for a later date if required. - Regarding the American Recovery and Restoration Act (ARRA), Lake County is receiving about $72 Million of which Clermont will receive roughly $16 million. - The Lake County Manager is working through some issues with the Clermont City Manager on communication and intergovernmental coordination. - Regarding vaccines, Lake County will close the old Sears location in Leesburg at the end of May. Regarding the Hartwood-Marsh issue, Council Member Purvis asked Chairman Parks to explain to those in attendance how jurisdiction works in regards to the maintenance, expansion, and oversight of the road. Chairman Parks explained very generally that many of the roads that are collector and arterial roads are managed by Lake County and are a county liability. The City has the right to voice concerns about infrastructure. City of Clermont MINUTES REGULAR COUNCIL MEETING April 27, 2021 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— Minutes Approval Item No. 2 — Piggyback Agreement Item No. 3 — Event & Open Container Request Consider the April 6, 2021 and April 13, 2021 Council Meeting Minutes. Consider request to piggyback State of Florida contract with WEX Bank to provide Fuel Card Services in the estimated annual budgeted amount of $285,000 Consider request for Clermont's Sips & Salsa cultural event co -hosted by the South Lake Chamber of Commerce at Waterfront Park on Sept. 18, 2021. Member of the public, Samii Taylor requested that Item 1 be pulled. MOTION TO APPROVE the consent agenda items 2 and 3 for April 27 2021 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing ave. Ms. Taylor apologized for pulling the item as she thought they were the minutes for April 20, 2021. MOTION TO APPROVE the consent ag)enda item 1 for April 27, 2021 made by Council Member Bates. Seconded bv Council Member Purvis. Passed unanimously with all members Rresent voicing aye. UNFINISHED BUSINESS Item No. 4 - Ordinance No. 2020-16 Final — Hartwood Marsh CPA 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 PLANNING ACT, CHAPTER 163, PART 11, 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. Deputy City Clerk Lueth read the ordinance into the record by title only. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING April 27, 2021 Director Henschel made the presentation. The applicant is asking for a Comprehensive Plan Amendment (CPA) and a Planned Unit Development (PUD) rezoning of the six (6) acre parcel. The City Council approved a Conditional Use Permit for the church along with accessory ministry uses. The site plan did mention an assisted living facility as a possible use, however an assisted living facility is not an available use under the current zoning category or City's comprehensive plan. The assisted living facility is not part of the church and will be developed separately. City staff has reviewed the plan and has determined that the project is consistent with the City Code and recommends approval. The Planning & Zoning Board recommended denial on a 2-4 vote. Cecilia Bonifay, Ackerman Law Firm — Applicant Representative. Requested the combined discussion of agenda items 4 and 5. The City Council consented and Deputy City Clerk Lueth read the legal title for Ordinance No. 2020-17 into the record. Ms. Bonifay explained to the Council that their plan for this evening is to provide an overview of what has been requested and what has been done to meet the requirements set forth by the City. Christopher Germana will provide an engineering analysis. Dr. San Hada Sata will provide a transportation analysis and study which is a requirement of the PUD. Pastor Ben Bond will follow on how the church will serve as an extension of ministry, and Mr. Don Lawson of the assistant living facility will conclude. Ms. Bonifay is concerned about the amount of misinformation that is being propagated in the community. She plans to present facts and science. She argued this is not a true change in density as she has seen on flyers. The applications if for a small scale comprehensive plan. They are not asking for a large scale development which would require a large scale comprehensive amendment which would be reviewed by the state. Regarding zoning, there is no level of zoning that accommodates a small scale use like they are proposing. City staff has provided them with the high density commercial designation to accommodate the use. Ms. Bonifay objected for the record to the use of public comments as an extension of the conversation of this agenda item. She addressed a concern that this could be flipped to an apartment complex saying that they are prohibited from changing this without going through the process again. She addressed the concern of traffic saying that what they will present is fully compliant with the rules and regulations put forth by the City. She addressed the concern of ongoing continuances saying that the plan was changed numerous times during the interim period between continuances. She addressed the concern about the Winter Garden trucks. Ms. Bonifay disclosed that she been approached by Titan Mining for representation. She informed the Council that implementation of enforcement is dependent on the will of the Winter Garden City Manager. Titan America has gone through a lot of changes to reduce their traffic. Ms. Bonifay stressed to the Council that the impact of the project is insignificant in regards to traffic impact. Ms. Bonifay came down Hartwood Marsh to the meeting tonight and did not experience an overwhelming level of traffic. She then proceeded to introduced Chris Germana as the projects civil engineer. Christopher Germana, Germana Engineering — Applicant Representative. Mr. Germana provided a history of the project. In 2019, they made a submittal and after hearing concerns and comments on that submittal, they made substantive changes to the site plan and design. They are now 420 ft. from the east property line. They were previously 52 feet. Landscape buffers were also improved as they are going from 31 to 85 feet, and the City's code only asks for 10 feet. They want to keep the existing trees where they are as part of the landscape. In the submitted concept plan, they had 112 parking spaces which is in excess of the code, so they are considering a reduction. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING April 27, 2021 Dr. Hatem Abou-Senna — Applicant Representative. Dr. Abou-Senna presented a video PowerPoint to the Council. He explained that the Hartwood Marsh access entrance/exit is right turn in and right turn out. There is no left in or left out. He reviewed with the Council how traffic trips are estimated and he gave a review of their methodology. He stated how many trips would be entering and exiting. The project is considered to have an insignificant impact on the traffic. The level of service from the Metropolitan Planning Organization (MPO) during peak hours is a C and D. For the purposes of the presentation, they included the traffic generated from the 321 homes being built and the traffic generated from the church. He stressed to the Council that the residents of assisted living facility cannot drive, so traffic will be generated only from staff and a few visitors. Dr. Abou-Senna concluded by stating that this analysis was conducted as a tier 1 study, and the result is that the projected traffic impact is considered de minis. Pastor Ben Bond, 11902 Herring Cove, Clermont — Applicant. Pastor Bond stated they are here for the community. The left a campus that they have been at for 132 years downtown. He gave a history of the project. They have always intended this site to be an extension of their ministry. They are a multi - generational church. They bought their campus before most of the subdivisions were built. They will not own or operate the facility, but they will be a significant partner with the center. Don Lawson, 4910 Lakewood Ranch Blvd — Applicant. Mr. Lawson introduced himself as the potential developer and owner of the property. He is also an architect and will be working on the design of the project. They choose churches who they can partner with. He described the layout and design of the facility. They are presently developing similar projects throughout Florida and Georgia. All of their projects are located adjacent to residential neighborhoods and adjoining churches. He spoke to the demand. He said there are multiple independent analysis stating that there is a significant need in the Clermont Community for assisted living facilities. Ms. Bonifay informed the Council that this concludes the applicant presentation. Ms. Bonifay requested that since not all of those in support of the project would be addressing the Council that those members of the public stand. Members of the public stood. City Attorney Mantzaris cautioned Ms. Bonifay stating that it is the Mayor and Councils decision whether or not to allow congregated representation and it is inappropriate for her to ask for a group to stand without their consent. Mayor Murry announced a 10 minute recess. City Attorney Mantzaris informed the Council that members of the public should not approach members of the Council to preserve the integrity of the process. Recess began at 8: 28pm; the meeting resumed at 8: 38pm. Mayor Murry gave instructions to the public and opened the floor for comments from the public. The following members of the public spoke in favor of the project. - Brian Blue - Mike Unknown - Cheryl Anderson, 9725 Crenshaw Circle 6 City of Clermont MINUTES REGULAR COUNCIL MEETING April 27, 2021 - Bob Anderson, 9725 Crenshaw Circle Albert Bond, 2233 Kingsnoll Way, Kings Ridge - Billy Lawson, 940 W. Lakeshore Drive - Mike Conrad, 3524 Richfield Drive - Gordon Boswell, 3600 Solana Circle Norman Cummings, 16400 Lakeshore Blvd., Minneola The following members of the public spoke against the project: - Mike Lapis, 4500 Barrister Drive, Regency Hills, Clermont - Greg Benge, 2800 Valiant Drive, Regency Hills, Clermont - David Wood, 2768 Valiant Drive, Regency Hills, Clermont - Unknown (FEMALE) - Tom Slayton, 300 S. Orange Avenue - Representing Regency Hills and Hartwood Pines - Carl Shoopert, 10069 Cove Lake Drive, Orlando, Property Manager for Regency Hills. - Joe Morganelli, Hunters Run HOA President - Nancy Estivato, 4533 Barrister Drive, Regency Hills, Clermont - Nicholas Rodriguez, Barrister Drive For purposes of the record, City Attorney Mantzaris clarified for the public that they are taking part in a quasi-judicial proceeding. He asked if Mr. Rodriguez was introducing the video as evidence. Mr. Vincent Niemiec stated that he created the video and that Mr. Rodriguez had trouble hearing. City Attorney Mantzaris again asked Mr. Rodriguez if he was introducing the video as evidence. Mr. Rodriguez said that he was. Continuation of members of the public speaking in opposition to the request: - Vincent Niemiec, Barrister Drive, Regency Hills - Unknown (MALE), Valiant Drive, Regency Hills - Matthew Zini, Caplock Street, Hunters Run - Darlene Niemiec, Barrister Drive, Regency Hills - Tim Beckkoncourt, Majestic Isle Drive, Regency Hills - Ray Suarez, Regency Hills - Marcie Boyle, 2694 Retriever Drive, Hunters Run - Juan Suarez, 3540 Barrister Drive, Regency Hills - Dani Page, Tuscany Ridge - Joe Gate, 2744 Kingston Ridge Drive, Regency Hills - Wesley Miller, 2728 Kingston Ridge Drive, Regency Hills - Randy Everdeen, 2430 Woodword Hill Court _FA City of Clermont MINUTES REGULAR COUNCIL MEETING April 27, 2021 - Charlene Forth, 939 W. Desoto Street - Elaina Kramer, 2771 Valiant Drive, Regency Hills - Tom Sohn, 2929 Majestic Isle Drive, Regency Hills - Cindy Emilee, 2633 Hartwood Pines Way, Hartwood Pines Kim Day, 2646 Hartwood Pines Way Samii Taylor, 4484 Powderhorn Place Drive, Regency Hills John Langford, 2660 Valiant Drive, Regency Hills Mark McFall, 2840 Majestic Isle Drive, Regency Hills - Armando Guerra, 2847 Majestic Isle Drive, Regency Hills Mike Stenzel, 4200 Foxhound Drive, Hunters Run Joseph Yakovetic, 4484 Powderhorn Place Drive, Regency Hills Shiek Ali, 4585 Barrister Drive, Regency Hills John Norford, 2646 Hartwood Pines Way, Hartwood Pines The following members of the public spoke neither for nor against the project: - Jack Sweeny, Valiant Drive, Regency Hills — Clarified that his comments in Public Comments were not for or against the assisted living facility. He is against traffic on Hartwood Marsh. Seeing no further comments, the floor was closed. Cecelia Bonifay — Applicant Representative. Ms. Bonifay addressed the Council stating that she listened to the comments put forth by the public and identified several things they are asking. The points can be summed up as the residents want no change and that they are arguing for nothing to happen. Ms. Bonifay also objected to the video that was displayed and argued that each zoning case is supposed to be independent, and cannot be based upon the decision of another jurisdiction. She reminded the Council that quasi-judicial proceedings require confident substantial evidence. The only studies entered into evidence for consideration were done by the applicant. The public presented no evidence, only emotion. Ms. Bonifay reminded the Council that City staff has made a recommendation for approval based on the fact that all requirements have been met to satisfy the City code. She concluded her rebuttal by making the argument that this project is consistent and compatible with the City code. She expressed concerns that there was discussion about land swaps without contact made to the applicant. She urged the Council to vote for approval. Mayor Murry announced a short 10 minute recess. Recess began at 10: 33pm; the meeting resumed at 10:43pm. Council Member Bates stated that lots of emotions and opinions were expressed this evening. It is a difficult decision. He disclosed he had a conversation with Mr. Bond. His main concern is in regards to traffic. City of Clermont MINUTES REGULAR COUNCIL MEETING April 27, 2021 Council Member Purvis stated that he respects every person who came out tonight. He has several issues he wants to address. The first is traffic. He agreed that the traffic generated by the Imagine School is a nightmare. He reminded the public that the City cannot stop progress. He reminded the public that the City of Clermont is not in the street building business. The second issue is sand trucks. He informed the public that the sand mine built the road and finds it ironic that the organization the built the road and donated is now banned from using it. He addressed the email that was submitted by a member of the public. He felt this was an attack on his integrity. He read the email in its entirety into the record and explained the context of the email. Finally, Council Member Purvis was against the video that was presented into evidence. He believed it was full of inconsistences and the comments were taken out of context. Council Member Entsuah disclosed he met with the applicant while he was a Planning & Zoning member. He cannot support due to traffic. Council Member Pines said that the video was very misrepresentative and it did not have anything to do with this applicant. It is unfair to the Council Members, and it is unfair to the applicant. She stated that this was tabled consistently not as a chess move, but because they went back to the drawing board and listened to citizen concerns. She reminded the public that just because one applicant gets an approval does not mean that there is a blanket approval. Mayor Murry addressed his comments in the video while he sat on the Planning & Zoning Board. He disclosed that he met with the applicant while on the Planning & Zoning Board. He reviewed several issues that he has with the project mostly focused on traffic. He is for this facility, but not at this location. The Council asked the projects traffic engineer to return to the podium where they asked for clarification on several questions. During the dialogue with the traffic engineer, Ms. Bonifay approached the podium and announced that on behalf of the applicant, they are withdrawing the project at this time. She thanked the Council for their time. Item No. 5 - Ordinance No. 2020-17 Final — Hartwood Marsh Zoning 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. This item was considered with agenda item no. 4. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING April 27, 2021 Item No. 6 - Ordinance No. 2021-010— Graff Building 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, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. This item was heard out of order and was considered during the Interim City Manager's Report. Deputy City Clerk Lueth read the legal title into the record. MOTION TO TABLE consideration of Ordinance No 2021-010 to May 11. 2021 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimous with all members present voicing aye. Item No. 7 - Ordinance No. 2021-013 — Disston Duplexes 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, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, AN EFFECTIVE DATE AND PUBLICATION. This item was heard out of order and was considered during the Interim City Manager's Report. Deputy City Clerk Lueth read the legal title into the record. MOTION TO TABLE consideration of Ordinance No 2021-013 to May 11, 2021 made by Council Member Bates_ Seconded by Council Member Purvis. Passed unanimously with all members 1)resent voicing aye. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING April 27, 2021 NEW BUSINESS Item No. 8 — Variance Request — Sonic at Governors Lake City Planner Kruse provided the staff analysis. The applicant is requesting a variance to allow for a canopy structure setback less than the 30-feet requirements of the Land Development Code, Section 122-342, Special Setbacks, the proposed canopy structure overhang will encroach into the 12-feet side yard setback. The applicant is requesting the variances to allow for construction of a Sonic Restaurant with outside ordering and drive up dining services. The vacant parcel is located on the Southeast corner of US Highway 27 and Citrus Tower Blvd. The current zoning is Planned Unit Development (PUD) with C-1 Light Commercial permitted uses. The Sonic Restaurant provides a unique dining experience that allows patrons to park in designated areas and order from the outdoor menu boards, with food delivery services to their vehicles. The applicant has indicated the two proposed canopy structures will provide protection and shelter for the employees, customers, and patrons from the weather elements as they enjoy their dining experience. Upon review, City staff finds the requested variance is the minimum variance allowed to make reasonable use of the property, and the proposed canopy structure is not intrusive and out of character with other similar restaurant canopy structures permitted in the city. The proposed development is consistent with the Clermont Comprehensive Plan goals, objective and polices for Commercial Land Use and so staff recommends approval. Rick McCoy, Proj ect Engineer — Applicant Representative. Mr. McCoy concurs with the staff presentation. He explained that the variance is not for the big canopy, but the overhang by the menu. Mayor Murry opened the floor for comments from the public; seeing no public come forth, the floor was closed. Council Member Bates said that for consistency he feels they need to approve this as they approved it across the street at Chick-fil-A. Kevin Briggs, Mount Dora — Applicant. Informed the Council that Sonics have been in his family since the 1970s. Council Member Purvis says that he has an issue approving a variance on a virgin piece of land, but they have approved it elsewhere, so he will support it. MOTION TO APPROVE the variance request for Sonics at Governors Lake made+ Council Member Bates. Seconded bG Council Mmember Pines. Passed unanimously with all members present voicingaye. Item No. 9 - Resolution No. 2021-015R — Florida Discount Self Storage CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE EXPANSION OF AN EXISTING SELF -STORAGE FACILITY IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT; AND, PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING April 27, 2021 Deputy City Clerk Lueth read the legal title into the record. City Planner John Kruse provided the presentation. The applicant is requesting a Conditional Use Permit (CUP) to allow for the expansion of an existing self - storage facility. The proposed expansion to the site would include four additional warehouse/storage buildings and outside parking/storage for large vehicles including recreational vehicles, boats and other commercial vehicles. The C-2 General Commercial zoning category, Section 122-224 of the Land Development Code requires a Conditional Use Permit to allow a residential self -storage permitted use, including any expansions to the site. The City Council approved a Utility Service Agreement in February 2005, as part of the JPA review process and the property was granted final approval for a development permit in Lake County's jurisdiction. On July 25, 2006 the subject parcel was annexed into the City of Clermont's boundaries as approved and existing with Lake County development entitlements. The applicant is also requesting a variance to allow up to 20 feet of cut and fill because of the existing topography grade changes on the parcel. The Land Development Code, Section 94-195, allows elevation changes in topography shall be limited to a 15 feet maximum for commercial development, the applicant has indicated the maximum, cut and fill that exceed the code requirements will be approximately 18.7 percent of the overall total parcel. The request for a variance shall be presented concurrently with the Conditional Use Permit at a meeting before the City Council. The proposed project will be required to comply with Clermont Land Development Regulations and all buildings shall be designed in accordance to Clermont Architectural Standards. Staff has reviewed the application and recommends approval. The Planning & Zoning Board also recommended approval. John Fritz, Orlando — Applicant Engineer. Concurs with the staff presentation. Mayor Murry opened the floor for comments from the public. Ron Thomas, 3394 Sandborn Street — expressing concern with significant vibration. Lavonte Rogers, 667 W. Osceloa Street — Approve for consistency. Seeing no further comments the floor was closed. The Council asked Mr. Fritz to address the comment. Mr. Fritz said this is the first they have heard of the vibration issue and they will review with the contractor. Council Member Purvis said they are a good neighbor. Council Member Bates asked about traffic impact. Mr. Fritz said it will be minimal. MOTION TO APPROVE and adopt Resolution No. 2021-015R granti!lg a conditional use permit made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. Item No. 10 — Variance Request — Florida Discount Self Storage MOTION TO APPROVE the variance request for Florida Discounts Self Storage made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members. resent voicing aye. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING April 27, 2021 ADJOURN: With no further comments, this meeting adjourned at 11:39 pm. Tracy Ackroyd Howe, MMC City Clerk 13 APPROVED: Tim Murry, or