Loading...
05.24.2022 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2022 CALL TO ORDER The City Council met in a regular meeting on Tuesday, May 24, 2022 in the Clermont City Council Chambers. Mayor Murry called the meeting to order at 6:30 pm with the following Council Members present: Council Members Pines, Entsuah, Bates, and Purvis. Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and Deputy City Clerk Wisniewski. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Police Chaplain Pete Rodriguez followed by the Pledge of Allegiance. PRESENTATIONS Fire Chief Ezell recognized Car Store Towing for their partnership with the Clermont Fire Department. Fire Captain Casler spoke about the business and owner, Mr. Paquette, and how they have helped the Fire Department. They have provided the department with 20 vehicles over a 2 week time. By doing so, the Fire Department has reduced rescue times by being able to train. Captain Casler thanked Mr. Paquette for two decades of support and providing exceptional services to the city. Mr. Paquette thanked the City and expressed his gratefulness to be able to work with the Fire Department. PROCLAMATION Mayor Murry proclaimed the month of May as Motorcycle Awareness Month. Deputy City Clerk Wisniewski read the Election Proclamation aloud. OPENING COMMENTS Mayor Murry informed the Council of the following agenda changes: Item No. 8 — Resolution No. 2022-009R City Manager Bulthuis informed the Council this is a request to table this item. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A 4,000 SQUARE FOOT ACCESSORY GARAGE STRUCTURE IN THE R-lA SINGLE FAMILY LOW DENSITY RESIDENTAL ZONING DISTRICT, AND PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. Deputy City Clerk Wisniewski read the resolution into the record by legal title only. Council Member Bates moved to table Resolution No. 2022-009R to July 12, 2022; Seconded by Council Member Entsuah. Passed unanimous) 5-0 with all members present voicing aye. Item No. 9 —Ordinance No. 2022-010 City Manager Bulthuis informed the Council this is a request to table this item. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR THE ADOPTION OF THE LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the ordinance into the record by legal title only. Council Member Bates moved to table Ordinance No. 2022-010 to June 14 2022 Seconded by Council Member Pines. Passed unanimously 5-0 with all members present voicing aye. Item No. 16 — Resolution No. 2022-016R City Manager Bulthuis informed the Council this is a request to table this item. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A COMMERCIAL BUILDING GREATER THAN 5,000 SQUARE FEET IN THE C-1 LIGHT COMMERCIAL ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the resolution into the record by legal title only. Council Member Bates moved to table Resolution No. 2022-016R to June 28, 2022, Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicing aye. Item No. 17 —Resolution No. 2022-01OR City Manager Bulthuis informed the Council this is a request to table this item. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN INCREASE TO THE NUMBER OF MULTI -FAMILY UNITS PERMITTED FOR THE PLANNED UNIT DEVELOPMENT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the resolution into the record by legal title only. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2022 Council Member Bates moved to table Resolution No. 2022-OIOR to June 14 2022• Seconded by Council Member Pines. Passed unanimous) 5-0 with all members present voicing aye. Item No. 18 —Administrative Appeal, Clermont Oncolo City Manager Bulthuis informed the Council that he is asking to remove this item from the agenda. City Attorney Mantzaris stated that this item was on the agenda for council to review the staff s interpretation regarding the completion date under the existing Conditional Use Permit (CUP) for this project. Per the original resolution, construction must start within two years of granting a Conditional Use Permit and they are coming up on two years seeking an extension. Staff reviewed the request and was not able to make a determination themselves so the applicant was going to come before Council. This afternoon the City received notification under a provision under Florida Statues 252.363 which has been in place since about 2011 that allows for an automatic extension of development orders or any date contained in a development order when a State of Emergency has been declared during the pendency of a development order. A State of Emergency was declared in February of 2022 in Lake County. The applicant sent notice that they are availing themselves of the right to extend it. Statutorily, it is an automatic extension, there is no action needed by the City Council. This extends the compliance dates or the commencement of substantial construction date for the length of the State of Emergency, which in this case is 60 days, plus an additional 6 months. This is essentially an 8 month extension. The date in this particular case for the commencement of substantial construction will be March 28, 2023. We received another notification for the same automatic extension under F.S. 252.363 from the Elyksian Hotel and their Planned Unit Development (PUD) has similar language in it so that date is now automatically extended until March 16, 2023. Council discussed what the State of Emergency was issued for and if there was anything they could do. Mr. Mantzaris stated that the applicant does not need to request anything, only notify the City. Council Member Purvis said that this would be an opportunity to review what substantial construction truly is. Planning Director Henschel said that the City is consistent on the definition. The applicant has to have the site plan approved, construction equipment on site and continuously working and be under construction through the development of the project. Mr. Mantzaris expressed that the current language could use some work in the fixture. City Manager Bulthuis stated that as future applicants come forward we can work on the language. PUBLIC COMMENTS Ronaldo Camargo, 543 W Montrose Street — Gave a shout out to Clermont Police Department community patrol and crisis unit. The Clermont Police Department needs to be supported, they deescalate situations and he is very grateful. Barbara Hollerand, Main Street — Seeking a letter of support from Council. Main Street is applying for their first grant. The grant is for $50,000 to do a survey of historic structures in town. With this grant, they will be able to survey 300 buildings. The grant is due June 1 and they would like a letter from the City. Mayor Murry asked what structures are eligible. Ms. Hollerand stated that anything from 1970 and older and they would start with the oldest first. Council stated their support for the City to provide a letter in support. City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2022 Council Member Pines motioned to a rove su ort the gLant for the historical buildings in Clermont, Seconded by Council Member Entsuah. Passed unanimously 5-0 with all members present voicing awe. Jennifer Pierce, Clermont Fire Department — Tendered her resignation to the City of Clermont and wanted to thank Council for all their support. Ms. Pierce enjoyed her time with the City. City Manager Bulthuis and all of Council expressed their gratitude for Ms. Pierce and what she has done for the City of Clermont. They appreciate her and wish her well. REPORTS LAKE COUNTY BOARD Board of County Commissioner Chair Parks was not able to attend the meeting. CITY MANAGER REPORT City Manager Bulthuis — • City Council Retreat will be at 9am on May 25, 2022. • City offices will be closed for Memorial Day. • The Golf tournament for Officer Buckley will be this Friday. • Memorial Day ceremony will be on Monday at 11 am at Waterfront Park. • June 3 - first Friday food truck • June 4 - Caribbean Jerk Festival • Attended the groundbreaking for the new Public Works facility. • Deputy Chief Graczyk graduated from Leadership Lake this week. • This last Friday and Saturday he attended a Police Department event and invited Chief Broadway to come up and speak about it. Chief Broadway explained that the biggest challenge for Police Departments is recruiting so they were looking at doing something different. The Police Department held an Open House this past Friday and Saturday. They sent information to all the academies, invited people to come and tour the station, meet staff, see the day to day operations. Each day they had over 20 potential candidates in attendance and there are currently 15 potential candidates that are processing for hire in our Police Department. Mayor Murry thanked the Chief and staff for thinking outside the box. City Manager Bulthuis spoke about the Police Department boat that has arrived and will be out on the water starting this weekend. CITY ATTORNEY REPORT City Attorney Mantzaris — No report CITY COUNCIL REPORT Council Member Bates — No report Council Member Purvis — • Attended the swearing in of the newest police officer. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2022 Council Member Entsuah — • Thanks and apologies for missing the last couple Council meetings. He was out because he donated bone marrow, giving the gift of life. Council Member Pines — No report Mayor Murry — • Welcomed back Council Member Entsuah. • Apologized that he did not make the volunteer lunch at the Historic Village. • Missed the Ray Goodgame Parkway dedication and the groundbreaking for the new Public Works facility and apologized he could not make it out. • Attended the swearing in of a new police officer. • Memorial celebration on Monday morning, looking forward to seeing everyone there. • Next lunch with the Mayor will be June 6 at Oakwood. 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. I — Meeting Minutes Item No. 2 — Plat Approval The Vue Item No. 3 — Surplus Request Item No. 4 — Lake County Public Schools Consider approval of May 10, 2022 Council Meeting Minutes Commercial Plat consisting of 30 acres, platted into 6 lots and stormwater tract. Consider declaring surplus from the Parks and Recreation Department, Fire Department, Public Services and City Manager and dispose of in accordance with the Purchasing Policy. Consider utility easement agreement with Lake County Public Schools. Item No. 5 — Piggyback OMNIA Partners Consider piggybacking the OMNIA Partners Contract contract no. R211101 with F1eetCor Technologies Operating Company, LLC to provide fuel card services. Council Member Bates moved to approve the Consent Agenda as presented for Ma 24 2022• Seconded by Council Member Purvis. Passed unanimous) 5-0 with all members present voicing aye. City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2022 UNFINISHED BUSINESS Item No. 6 — Variance Request City Planner Kruse presented the variance request. The applicant is requesting a variance for a rear yard setback to be less than the minimum 25 feet requirement. This would allow for the construction of a 17'x 22' screen porch with a solid roof in the existing rear yard of the single family home. This would encroach into the 25 foot setback by 17.5 feet, which would leave approximately 7.5 foot rear setback from the property line. The existing single family residence is approximately 30 feet from rear property line and consists of an existing pool and deck in the rear yard. The proposed screen porch is over an existing deck adjacent to the swimming pool. The impervious surface ratio is not being increased since the deck is existing. The construction of the insulated solid roof screen porch encroachment of 17.5 feet into the required 25 feet rear yard property setback may be considered intrusive to the surrounding property owners. This is an increase of 70 percent into the rear yard setback with the solid roof addition. The City received a copy of the denial letter from the Lost Lake Residential Property Owners Association for the proposed improvement. Staff has reviewed the application as submitted and finds the application does not meet a positive finding on all of the five review criteria. Therefore, staff recommends denial of the requested variance. Council Member Bates moved for denial; Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicing aye. Item No. 7 — Variance Request Planning Director Henschel presented the variance request. The applicant, The Reyes family, is requesting two variances in order to construct a residential home on their property. The lot is on the southwest corner of W. Minnehaha Ave. and Rosewood Drive, and the dimensions of the lot are approximately 125 feet by 125 feet. With it being on the corner, the Land Development Code requires a 35 foot setback from the right-of-way line for each road in the R-1-A Single Family Low Density Residential zoning district. The rear yard setback is 25 feet and the interior side yard setback is nine feet. The applicant is requesting a variance to allow an interior side yard setback of 8.5 feet and a rear yard setback of 8.5 feet, actually a little more like 8.73 feet. The applicant desires to construct a new home that they intend to be their "forever" home. It is a single -story home and it appears the building plans have been drafted and ready for submittal. The proposed home is exceptionally large in comparison to homes in the area. With the proposed home and associated driveways, the impervious surface ratio is right at the maximum of 55 percent for the R-1-A Single Family Low Density Residential zoning. With the proposed configuration of the home and it being single -story, it is encroaching into the rear and interior side yard setback. If they had a two story home, it would be narrower and not go in to the setbacks. Staff has reviewed the application as submitted and finds the application does not meet a positive finding on four of the five criteria. Therefore, staff recommends denial of the variance request. Mr. and Mrs. Reyes stated that they considered a two story house but both have issues with the stairs so they need a one story house. This will be our last home, this has been planned for a while and we moved from out of state because we love Clermont. The house will look nice. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2022 Council Member Purvis asked for clarification on the 8.73 measurement, from the lot line to the building wall or the overhang of the roof. Mr. Reyes explained that it is to the overhang of the roof. Council discussed the lot size and the design of the house and all agreed that the design of the house is too large for that lot. Council Member Bates moved for denial of Variance request number 7L Seconded b Council Member Purvis. Passed unanimous) 5-0 with all members resent voicin a e. Item No. 8 — This item was addressed earlier in the meeting and tabled to the July 12, 2022 meeting. Item No. 9 — This item was addressed earlier in the meeting and tabled to the August 23, 2022 meeting. The next three (3) items were heard concurrently and voted on separately. Deputy City Clerk Wisniewski read all three ordinances into the record by legal title only. Item No.10 — Ordinance No. 2022-020 Final Hearing AN ORDINANCE UNDER THE CODE OF ORDINANCES 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 CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. Item No. 11— Ordinance No. 2022-021 Final Hearing AN ORDINANCE 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 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 FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. Item No. 12 — Ordinance No. 2022-022 Final Hearing 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, PUBLICATION AND AN EFFECTIVE DATE. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2022 City Planner Kruse presented the items. The annexation request of the subject property is authorized by the signed utility agreement with the property owner. The notice of encumbrance to allow for annexation was executed on October 14, 2020. The property is located south of State Road 50 and east of Magnolia Pointe Boulevard. The property is approximately 20 acres in size. The parcel is located within the Clermont (JPA) Joint Planning Area and the Utility Service Agreement boundaries. The project has received site plan approval within Lake County's jurisdiction and is currently completing construction for a new KIA automobile sales and service dealership. The project is receiving water and sewer services from the City, which has sufficient capacity to provide services for the development. The City will annex the property with the existing site conditions and development entitlements approved by Lake County. Any future development changes or additions will require compliance with Clermont Codes and Land Development Regulations. The subject property will be annexed into Clermont's jurisdiction with a Future Land Use change from Lake County Regional Commercial to Clermont Commercial designation. The rezoning of the property will change the current zoning classification from Lake County "CP" Commercial Planned to Clermont "C-2" General Commercial. Staff recommends approval of the annexation, Ordinance No. 2022-020, the comprehensive plan amendment, Ordinance No. 2022-021, and the rezoning, Ordinance No. 2022-022. The Planning and Zoning Commission recommended unanimously for approval, for the comprehensive plan amendment and rezoning. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Bates moved to approve Ordinance No. 2022-020• Seconded by Council Member Pines. The motion passed by roll call vote 5-0. Council Member Bates moved to approve Ordinance No. 2022-021 • Seconded by Council Member Purvis. The motion passed by roll call vote 5-0. Council Member Bates moved to a rove Ordinance No. 2022-022• Seconded by Council Member Purvis. The motion passed by roll call vote 5-0. Item No. 13 — Ordinance No. 2022-023 Final Hearing AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 54, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, SECTION 54-102, "PERMIT REQUIRED; EXEMPTIONS"; SECTION 54-103, "APPLICATION OF PERMIT DEFINITIONS"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, CODIFICATION, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. Deputy City Clerk Wisniewski read the ordinance into the record by legal title only. Deputy City Manager Davidoff explained this ordinance addresses the special events section of our code. Staff is requesting to streamline the process for special events held on both private and city property. This amendment clarifies some of the issues and makes the process much easier for the applicant. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2022 Council Member Bates asked about changing the timeline from 180 days to 365 days. Mr. Davidoff stated that we have been allowing it for a while and it helps with the planning of the larger events. Council Member Bates moved to aggrove Ordinance No. 2022-023• Seconded by Council Member Pines. The motion passed by roll call vote 5-0. NEW BUSINESS Item No. 14 — Resolution No. 2022-014R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A CHURCH USE IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the resolution into the record by legal title only. Planning Director Henschel presented the item. The applicant is requesting a Conditional Use Permit to allow a church facility to be located in the existing Sunnyside Plaza, located at 305 State Road 50.The current zoning is C-2 General Commercial and the Future Land Use is Commercial. The Land Development Code, Section 122-204, requires a Conditional Use Permit for a church use in the C-2 General Commercial zoning district. The church proposes to utilize the existing building for services on Tuesday and Thursday, in the evening and Sunday mornings for worship services. The applicant indicates the maximum seating capacity will not exceed 70 seats and the church operation will not be in conflict with the other businesses located in the Plaza. When evaluating for a Conditional Use Permit, Section 86-144 of the Land Development Code requires that specific development standards and provisions are met. Staff has reviewed the application as submitted and finds the proposed use does meet the general criteria for granting a Conditional Use Permit. Therefore, staff recommends approval of the Conditional Use Permit. There is one correction on the Resolution, generally if a Church facility goes in to a commercial development and they leave for a period of time, we put a six month time period on that. Section 1 number 9 of the Resolution does say one year, we have removed that as the six month language is included in the resolution. Mayor Murry inquired about an issue with the business next to them serving alcohol. Mr. Henschel explained it was not an issue because the other business was there first. The applicant, Angel Mendez, stated the church has ample parking so it will not be a disturbance to the city. They currently have 27 members and are looking to grow. They will use the facility daily but will only be open for service on certain days and time. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Purvis asked what they will be doing in the facility when it is open but they are not having service. Mr. Mendez answered they will be there to help the community, if they need assistance. They will be using the space as an office. Council Member Entsuah asked where the chairs will be stored when they are not having service. Mr. Mendoza stated there will be storage on the right side of the space and in the back. 0 City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2022 Council Member Bates moved to approve Resolution No. 2022-014R with the removal of number 9• Seconded by Council Member Pines. Passed unanimous) 5-0 with all members present voicing ave. Item No. 15 — Resolution No. 2022-015R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A VETERINARY CLINIC IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the resolution into the record by legal title only. City Planner Kruse presented the item. The applicant, Dr. Eric Herman, is requesting a Conditional Use Permit for a specialty veterinary hospital to be established at 1600 S. Grand Highway, in the former Staples building. The property is zoned C-2 General Commercial and this proposed use is required to obtain a Conditional Use Permit, as required by section 122-224 of the Land Development Code. The building is approximately 19,000 square feet and the applicant is planning to renovate the building and the site to accompany the proposed veterinary hospital. The hospital's purpose is to provide a state-of-the-art specialty hospital that will be open from 7 am — 7pm, Monday through Friday that will exclusively serve dogs and cats. No boarding will be allowed at the facility and on extreme occasions, overnight stays with the patients may be necessary. If this occurs, onsite personnel will be present. There will be no outside runs at the facility and will only consist of one outdoor relief/exercise area for the animals to be taken out to for some limited exercise and relief. This area is located at the rear of the building adjacent to the loading dock and next to US highway 27. The location of this area would minimize any potential for noise and smell coming from the site. A management and operation plan will be required for care and removal of the waste. Exterior alterations include updating with new paint at the tops of the parapets as well as adding some new doors and windows where it benefits the interior functioning of the space. The interior alterations include the creation of consultation rooms, surgical and treatment space, animal holding areas and interior runs, and specialized medical equipment rooms for diagnostic and imaging purposes. The materials used in this renovation process include using higher STC (Sound Transmission Class) walls and NRC (Noise Reduction Coefficient) acoustical ceiling tiles. This helps in minimizing sound transfer from one room to another as well as managing the amount of sound that can be heard from outside the building. A good portion of the animal holding locations within the building also occur in rooms that aren't directly on an exterior wall, which will help minimize sound. Staff has reviewed the application and proposed project in regards to Section 86-144, Review Criteria for a Conditional Use Permit. The proposed use is consistent with the existing and previous development patterns and character of the surrounding areas. The surrounding areas are zoned C-2 General Commercial, with no adjacent residential uses. The property is in close proximity of two major arterial roadways, SR 50 and US 27, which offers accessibility to the site and secondary, minimizes sound due to the background roadway noise associated with these roadways. The proposed uses will not be detrimental to the health, safety and general welfare of the community. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2022 The applicant is performing renovations and alterations to the site and building that would ensure the operation would not have a negative impact on the community. The proposed use would provide a service to the community that appears to be lacking. The Conditional Use Permit will not be in conflict to the Clermont Comprehensive Plan for the Commercial Future Land Use. City staff and the Planning and Zoning Commission unanimously recommended approval. The applicants, Dr. Herman & Dr. Lovett, found this area is in need of specialty veterinarian care. The primary focus will be on animals that have mobility disorders. This facility will include radiology, CT scan and an MRI. The relief area will be strictly for that purpose and not letting dogs loose outside. Most patients will be outpatient and any strays will be monitored. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Bates asked if they will ever make it a 24 hour location. Dr. Lovett stated they are not interested in that at this time, in most instances animals needing around the clock care will be transported to a 24 hour care center at night and then brought back the next day. Council Member Purvis said the relief area looks to be close to the storm sewer. The applicants architect stated that the relief area is not in that area and they will put a curb to keep the items in the relief area. They currently do mobile surgery, this will give the opportunity to do more minimally invasive surgery. Discussion ensued about what the Doctors do now and the opening of the new hospital, number of employees and if they will be hiring locally, which they will for some positions. City Manager Bulthuis brought up the language that talks about boarding and asked if it is clear enough that they can stay a night or so without issue. Mr. Kruse stated that there is language that addresses overnight stays within the Resolution. Council Member Bates moved to approve Resolution No. 2022-015R; Seconded by_ Council Member Pines. Passed unanimous) 5-0 with all members present voicing aye. Item No. 16 — This item was addressed earlier in the meeting and tabled to the June 28, 2022 meeting. Item No.17 — This item was addressed earlier in the meeting and tabled to the June 14, 2022 meeting. Item No.18 — This item was removed from the agenda. CLOSED SESSION Mayor Murry read a statement into the record announcing the entrance into closed session. At this time, the City Council meeting will be in recess for the Council to conduct a private pending litigation session as required by the City Attorney and as authorized by Section 286.011, Florida Statutes. The session is for the purpose of discussing the pending litigation matter Falzon and Piscopo v. City of Clermont. The City Council, the City Manager and the City Attorney will attend the session. A court reporter will be present at the session and a transcript will be available after the conclusion of the litigation. The meeting recessed at 8:17pm. At this time, the Council meeting was in recess so the Council could meet in a closed litigation session. The meeting reconvened at 8:54pm 11 City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2022 ADJOURN: With no further comments, this meeting adjourned at 8:54 pm. ATTEST: Tracy Ackroyd Howe, MMC City Clerk R w 9'rp u ,�fr C�p •��•�!•A•+#tea+��.%_ 12 APPROVED: Tim Murry, Ma ar