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06.28.2022 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING June 28, 2022 CALL TO ORDER The City Council met in a regular meeting on Tuesday, June 28, 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, Bates, Entsuah and Purvis. Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Father Mark Wajada of Blessed Sacrament Catholic Church followed by the Pledge of Allegiance. OPENING COMMENTS Mayor Murry informed the Council of changes to the agenda. Item No. 4 — 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. City Clerk Howe read the resolution into the record by legal title only. Council Member Bates informed Council that he will not be present for the July 26, 2022 meeting. Jimmy Crawford, representing the applicant, requested to table the item to the August 9, 2022 Council Meeting. Council Member Bates moved to table Resolution No. 2022-016R to August 9, 2022; Seconded by Council Member Pines. Passed unanimous) 5-0 with all members present voicing aye. Item No. 9 — Ordinance No. 2022-025 City Manager Bulthuis informed the Council this is a request to table this item. 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. City of Clermont MINUTES REGULAR COUNCIL MEETING June 28, 2022 City Clerk Howe read the ordinance into the record by legal title only. Council Member Bates moved to table Ordinance No. 2022-025 to July 26 2022• Seconded by Council Member Pines. Passed unanimous) 5-0 with all members present voicing ave. Item No. 10 — Ordinance No. 2022-026 City Manager Bulthuis informed the Council this is a request to table this item. 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. City Clerk Howe read the ordinance into the record by legal title only. Council Member Bates moved to table Ordinance No. 2022-026 to JuLy 26 2022• Seconded by Council Member Pines. Passed unanimous) 5-0 with all members present voicing aye. PUBLIC COMMENTS Sterling Frey, 1647 First Street — Expressed concern regarding political signs in the right of ways. City Manager Bulthuis stated that the intent of staff is to enforce the ordinance regarding political signage. Banks Alfred, 9100 Sams Lake Road — Encouraged all residents to vote this election season. Frankie Ramsook, 369 Sky Valley Street — Thanked staff for the stop signs at Sky Ridge Road. Acknowledged Clermont Officer Reed #251 for helping with the resident's stolen vehicle. REPORTS CITY MANAGER REPORT City Manager Bulthuis — • First Friday food truck downtown July 1. • City Hall is closed on Monday for the July 4 holiday. • Invited residents to Red, White and Boom event at Waterfront Park. • Budget workshop on Wednesday, July 20 from 9am to 3pm. • On July 22, the children from the Give a Day Foundation are challenging the Police Department to a basketball game. Encouraged all to come out. CITY ATTORNEY REPORT City Attorney Mantzaris — No report. CITY COUNCIL REPORT Council Member Bates — No report. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 28, 2022 Council Member Purvis — • Update on the proposed agreement between the two downtown businesses. City Manager Bulthuis stated there are more signatures needed then will move to title work. • The road closures are concerning business owners downtown with mixing the traffic with the delivery trucks. Would like staff to consider closing Montrose Street for duration of construction of the street. There was discussion among Council as others have received those phone calls as well. Mr. Bulthuis stated that staff will contact the downtown merchants to see what the issue is and how it can best be resolved. Council Member Entsuah — • Thanked Otis Taylor and the Give a Day Foundation for all he does in the community. Council Member Pines — • Stated that all political signs are cleaned up immediately after an election. Mayor Murry — • Requested an update on Costco. Public Services Director Brunson stated that Costco has their permits, they are waiting on the developer to put in the infrastructure. • Thanked staff for the Juneteenth event. • Congratulated Otis Taylor and the Give a Day Foundation. • There will not be a Mayor's lunch in July. • Mayor's lunch for August will be at Cracker Barrel. 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— Meeting Minutes Item No. 2 — Strategic Plan Item No. 3 — Contract Approval and Budget Amendment Consider approval of the May 25, 2022 City Council Retreat Minutes Consider approval of the Clermont Fire Department 2022-2027 Strategic Plan. Consider the fourth contract amendment between the City of Clermont and Traverse Group, Inc. to provide pier removal in the amount of $68,583.13 and a corresponding budget amendment. Council Member Bates moved to gporove the Consent Agenda as presented for June 28 2022, Seconded by Council Member Purvis. Passed unanimous) 5-0 with all members present voicing awe. City of Clermont MINUTES REGULAR COUNCIL MEETING June 28, 2022 UNFINISHED BUSINESS Item No. 4 — This item was addressed earlier in the meeting and tabled to the August 9, 2022 meeting. Item No. 5 — Ordinance No. 2022-019, Final Hearing AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 122 ZONING, ARTICLE III DISTRICTS, DIVISION XVI WELLNESS WAY COMMUNITY DESIGN GUIDELINES AND STANDARDS; PROVIDING FOR CONFLICT; CODIFICATION; SEVERABILITY; EFFECTIVE DATE; AND PUBLICATION. City Clerk Howe read the ordinance into the record by legal title only. City Planner Kruse presented the staff initiated Land Development Code Change. On March 22, 2022, the City Council approved the Wellness Way Comprehensive Plan Amendment that created a new Goal along with Objectives and Policies exclusively for the Wellness Way Area. This adopted comprehensive plan amendment sets the framework for the details in the Land Development Code. City and County staff along with Dr. Richard Levey are present, if there are any questions. Landowners and many others have worked on the proposed Wellness Way Community Design Guidelines and Standards, starting with the first draft in May of 2020. This Land Development Code change provides the "nuts and bolts" on how development shall occur in the Wellness Way Area with specific detail including, but not limited to: Development Districts, Mobility and Connectivity, Open Space and Parks, Landscape and Natural Resources, Public Facilities/Utilities and Signage. These Guidelines and Standards will only be applicable to properties identified under the City's jurisdiction of the Wellness Way Area Plan, under Figure 1 of Objective 2.3 of the Comprehensive Plan. These Guidelines and Standards set the development standards for form and design and connectivity within the Wellness Way neighborhoods along with non-residential uses. In addition, it also identifies permitted uses, architectural standards for centers, illustrated road cross sections, open space and park standards, water conservation, dark skies, and signage. All of these items are specific to the development within the entire Wellness Way Area Plan and mirror Lake County's recently adopted Land Development Code amendment for Wellness Way. These Guidelines and Standards will be referenced under a new Section, 122-295 Wellness Way Community Design Guidelines and Standards. This Land Development Code change will complete the Wellness Way Area Plan regulations that started many years ago. Staff recommends approval of Ordinance No. 2022-019 with one minor change of correcting the minimum wetland setback on page 60, section 5.2.5, to 50 feet. Mayor Murry opened the public hearing. Dani Page, Tuscany Ridge — Expressed concern regarding a High School being built prior to any development. City Manager Bulthuis stated the city cannot divulge information, but knows the Lake County School Board are working with developers in the area and it is going positively. Mayor Murry closed the public hearing. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING June 28, 2022 Mayor Murry stated has heard concerns regarding the codes in Wellness Way being different than the codes in the rest of the City and has informed residents that Wellness Way does have its own set of rules. Council Member Bates moved to approve Ordinance No. 2022-019 as amended-, Seconded by Council Member Pines. The motion passed by roll call vote 5-0. The next three (3) items were heard concurrently and voted on separately. City Clerk Howe read all three ordinances into the record by legal title only. Item No. 6 — Ordinance No. 2022-027 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. 7 — Ordinance No. 2022-028 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. 8 — Ordinance No. 2022-029 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. Planning Director Henschel presented the items. The applicant is requesting annexation, small-scale land use change and rezoning for the 9.8-acre parcel located on State Road 50, west of Autoplex Lane. The existing land use in Lake County is Regional Commercial and the current zoning is Lake County Planned Commercial designation. The current use of the property is Heavy Industrial. The annexation request would allow for the connection to Clermont water and sewer services for redevelopment of the subject property. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING June 28, 2022 The city does have the capacity to serve the project therefore staff does recommend approval of the annexation. The requested land use change from Lake County Regional Commercial to the City of Clermont Commercial is compatible with the surrounding area and uses. The City's Commercial future land use is the most appropriate future land use for this proposed use and does allow for C-2 General Commercial uses to operate without conflict to the Comprehensive Plan. Staff recommends approval. The Lake County Commissioners approved rezoning the property from Planned Industrial to Planned Commercial to allow for commercial uses, which does allow automotive sales on the property. The applicant is requesting Clermont Planned Unit Development (PUD) zoning, which is consistent with the existing property use. The PUD will allow for the development of a new automobile dealership with up to 75,000 square feet. The applicant is requesting one waiver to the development code regarding a monument sign. The request is to not require a setback to the Florida Department of Transportation (FDOT) retention pond, due to the limited space between Autoplex Lane and the FDOT pond. All development must comply with Land Development Regulations and the Comprehensive Plan goals, objectives and policies for commercial development. The proposed future land use and zoning designations are consistent with the adjacent properties and will not be out of character with the surrounding development patterns and zoning classifications. Mr. Henschel provided Council with a revised version of Ordinance No. 2022-029 which included specifying the 75,000 square foot building, specifying the specific firm conducting the traffic analysis, clarifying access points to the development and updating the conceptual site plan. Staff is in support of these changes. Jimmy Crawford was present on behalf of the applicant. The end user of this project is a Tesla service and delivery center. Explained that coming to the city is more limiting than county zoning. By annexing, the project has to build to city standards and is more stringent. He is available for questions. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Purvis stated that he is not in support of these items. City Council never had the chance to stop what actually happened with all of the dealerships on State Road 50. City Council has a voice with this project and Mr. Purvis is against the development. Mr. Crawford explained that this is not a situation where a no vote will stop the development. The project could move forward with the County and then annex into the City and it would come with less standards. Mayor Murry expanded on Mr. Crawford's statement and said that he is happy the City has input and it is to City standards; not the county Standards. Discussion ensued regarding all of the automobile dealerships on State Road 50 and Councils thoughts on approving another dealership. Council Member Entsuah moved to a rove Ordinance No. 2022-027• Seconded b Council Member Pines. The motion passed by roll call vote 4-1 with Council Member Purvis opposing. Council Member Entsuah moved to approve Ordinance No. 2022-028• Seconded b Council Member Pines. The motion assed by roll call vote 4-1 with Council Member Purvis opposing. 0 City of Clermont MINUTES REGULAR COUNCIL MEETING June 28, 2022 Council Member Entsuah moved to approve Ordinance No. 2022-029 as amended; Seconded by Council Member Pines. The motion passed by roll call vote 4-1 with Council Member Purvis opposing. NEW BUSINESS Item No. 9 — This item was addressed earlier in the meeting and tabled to the July 26, 2022 meeting. Item No. 10 — This item was addressed earlier in the meeting and tabled to the July 26, 2022 meeting. Item No. 11— Ordinance No. 2022-031 Introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, AMENDING CHAPTER 34, "ENVIRONMENT" OF THE CLERMONT CITY CODE, BY CREATING NEW ARTICLE VI "HAZARDOUS MATERIALS — COST RECOVERY FOR INCIDENTS" SECTIONS 34-150 THROUGH 34-154 PROVIDING FOR INTENT AND PURPOSE; DEFINITIONS; LIABILITY FOR COSTS; COLLECTION AND PAYMENT OF COSTS; METHODS OF ENFORCEMENT; CODIFICATION SEVERABILITY, CONFLICT, ADMINISTRATIVE CORRECTION, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance into the record by legal title only. Council Member Bates moved to introduce Ordinance No. 2022-03 1• Seconded by Council Member Purvis. Passed unanimous) 5-0 with all members present voicing a e. ADJOURN: With no further comments, this meeting adjourned at 7:45pm. ATTEST: Tracy Ackroy9 Howe, MMC City Clerk 7 APPROVED: Tim Murry, Mayor