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08.23.2022 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2022 CALL TO ORDER The City Council met in a regular meeting on Tuesday, August 23, 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 Bates, Pines, 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 Police Chaplain Michael J. Saxe followed by the Pledge of Allegiance. OPENING COMMENTS City Manager Bulthuis informed the Council of the following agenda changes: Item No. 7 —Ordinance No. 2022-010. Chicone Large -Scale CPA Ordinance No. 2022-010, Chicone Large- Scale CPA 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. City Clerk Howe read the title aloud. City Manager Bulthuis informed the Council this is a request to table this item to September 27, 2022. Council Member Bates moved to table Ordinance No. 2022-010 to September 27 2022• Seconded by Council Member Pines. Passed unanimously 5-0 with all members present voicing aye. Item No. 12 — Ordinance No. 2022-033, Clonts Property Rezoning Ordinance No. 2022-033, Clonts Property 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, PUBLICATION AND AN EFFECTIVE DATE. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2022 City Clerk Howe read the title aloud. City Manager Bulthuis informed the Council this is a request to table this item to October 11, 2022. Council Member Bates moved to table Ordinance No. 2022-033 to October 11 2022• Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicing aye. Item No. 14 — Resolution No. 2022-021 R. Senninger Irrigation CUP Resolution No. 2022-021R, Senninger Irrigation CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A BUILDING OVER 100,000 SQUARE FEET IN THE M-1 INDUSTRIAL ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. City Manager Bulthuis informed the Council this is a request to table this item to October 11, 2022. Council Member Bates moved to table Resolution No. 2022-021R to October 11 2022• Seconded by Council Member Purvis. Passed unanimously 5-0 with all membersRresent voicing aye. Item No. 15 — Ordinance No. 2022-011, Chicone Rezoning Ordinance No. 2022-011, Chicone 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, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. City Manager Bulthuis informed the Council this is a request to table this item to September 27, 2022. Council Member Bates moved to table Ordinance No 2022-011 to September 27 2022• Seconded by Council Member Pines. Passed unanimously 5-0 with all members present voicing aye. Item No. 16 — Ordinance No. 2022-032, The Vue Rezonin Ordinance No. 2022-032, The Vue Rezoning City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2022 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 title aloud. City Manager Bulthuis informed the Council this is a request to table this item to September 27, 2022. Council Member Bates moved to table Ordinance No. 2022-032 to September 27, 2022: Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicing aye. Item No. 21— Variance Rgguest, 987 W. Magnolia Street City Manager Bulthuis informed the Council this is a request to table this item to October 25, 2022. Council Member Entsuah moved to table the variance request to October 25, 2022: Seconded by Council Member Bates. Passed unanimously 5-0 with all members present voicing_aye. PUBLIC COMMENTS Charlene Forth, 939 W. Desoto Street — commented on the salaries of city employees. REPORTS Commissioner Parks was unable to attend the meeting. CITY MANAGER REPORT City Manager Bulthuis — • September 2 is First Friday Food Truck. • City offices will be closed on September 5 for Labor Day. • The First Budget Public Hearing will be on September 7 at 6:30pm. Will be publishing the proposed budget with a millage rate of 5.75 the week before the meeting. • Annual 9/11 ceremony will be held at the Arts and Recreation Center at 2pm on September 11. • Thanked Chief Broadway and Chief Ezell for the great program last Friday to recognize first responders. • Next Tuesday, August 30 at 6:30pm will host a Town Hall meeting where residents can ask questions to staff regarding the budget. CITY ATTORNEY REPORT City Attorney Mantzaris — No report. CITY COUNCIL REPORT Council Member Bates — No report. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2022 Council Member Purvis — Spoke on salaries of city staff. Council Member Entsuah — No report. Council Member Pines — thanked all city staff. Mayor Murry — • The first annual breakfast for first responders was well attended. • Attended the Florida League of Cities conference last week. • There will not be a Mayor's luncheon in September. • Expressed appreciation to city staff. 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 — Proposal Award Item No. 3 — Task Order Approval Item No. 4 — Contract Amendment and Budget Amendment Item No. 5 — Resolution No. 2022-025R Item No. 6 — Resolution No. 2022-026R Consider approval of the July 12, 2022 and July 26, 2022 Council minutes. Consider award and term contract to the Florida League of Cities, Inc. for insurance and risk management services in the annual budgeted amount of $1,172,933.22. Consider an engineering services task order from Halff Associates, Inc. to remove the 8' Street pier and replace it with a marina in the budgeted amount of $104,690. Consider an amendment to the Traverse Group contract and a budget amendment of $208,586.78. Consider approval of Fiscal Year 2022 Budget Amendment for Special Revenue funds. Consider approval of Fiscal Year 2022 Budget Amendment for CRA and General Fund. Council Member Bates moved to approve the Consent Agenda as presented for August 23, 2022, Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicing aye UNFINISHED BUSINESS Item No. 7 — This item was addressed earlier in the meeting and tabled to the September 27, 2022 meeting. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2022 Item No. 8 — Ordinance No. 2022-014, Final City side Townhomes 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. City Clerk Howe read the ordinance into the record by legal title only. Development Services Director Henschel presented the request. The applicant is requesting a rezoning to a Planned Unit Development (PUD) to construct a single family attached townhome project on 8 acres. The property is located on the northwest corner of US 27 and Hwy 50, directly north of the Crown Lounge and south of Highland Ave. The project has been revised due to previous comments from the Council. The applicant has provided an updated PUD concept plan, dated August 5, 2022 that has increased the lot width from 24 feet to 35 feet and increased the lot size to 3,500 square feet. In doing so, they have decreased the number of units from 68 to 56 townhomes, reducing the density from 8.45 dwelling units per acre to 6.96 dwelling units per acre. The updated plan has eliminated the one-way streets and rearranged the placement of the pool and amenities. The updated PUD concept plan does not have any waiver requests and will be developed according to the city code. Staff recommends approval with the changes made to the Ordinance due to the updated PUD concept plan. In the ordinance under Section 3 Land Uses and Specific Conditions, Item No. 7, the language will be amended regarding their two (2) year time frame to develop or it reverts back to General Commercial (C2) standards. City Attorney Mantzaris explained that the language was amended to be more consistent with the city code. Cecelia Bonifay, Esq, Akerman Law Firm, represented the applicant. Accompanying Ms. Bonifay was Alex Stringfellow, Planning Consultant, along with the owners and developers of the property. Ms. Bonifay went over the changes they have made since the last time they presented the project to Council. All variances have been eliminated and there are no waiver requests with the current proposal. Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street - prefers commercial at that location. Mayor Murry closed the public hearing. Council discussed the setbacks in the alleyways and the townhomes facing Hwy 50. Council Member Purvis expressed that this project is a prime example of when an applicant, staff and Council all work to get a common ground. The Council appreciates the effort of the applicant and Ms. Bonifay. Council Member Bates moved to approve Ordinance No. 2022-014 with the amended language; Seconded by Council Member Pines The motion passed by roll call vote 5-0 5 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2022 Items No. 9, 10 and 11 were heard concurrently and voted on separately. City Clerk Howe read the following three ordinances aloud by title only. Item No. 9 — Ordinance No. 2022-024, Final Lost Lake Assemblage Annexation 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. 10 — Ordinance No. 2022-025, Final Lost Lake Assemblage CPA 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. 11— Ordinance No. 2022-026, Final Lost Lake Assemblage 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, PUBLICATION AND AN EFFECTIVE DATE. Planning Manager Kruse presented the Lost Lake Assemblage Annexation, CPA and Rezoning. The applicant, Cecelia Bonifay Esq, Akerman Law Firm, is requesting an Annexation, Small -Scale Comprehensive Plan Amendment, and a PUD rezoning for property being voluntary annexed into the city. The property, approximately 48 acres collectively, is located 34 mile west of the intersection of Johns Lake Road and Hancock Road, north of Grace Community Church. The property has been historically used for agricultural uses with a transition to 5 acre agricultural/residential type use. The proposal is an assemblage of seven (7) properties consisting of 5 and 10 acre tracts combined together for the proposed low density housing development. The applicant is requesting City services for the project, in which the City can fully serve and meets the requirements for voluntary annexation under Florida Statutes Chapter 171. Staff recommends approval of the annexation. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2022 The property currently has a Lake County future land use designation of Urban Low Density. This future land use allows up to four dwelling units per acre. The applicant is requesting a change to City of Clermont Low Density Residential future land use, which allows up to three dwelling units per acre. This land use change would reduce the dwelling units by one unit per acre compared to Lake County. The surrounding County land use is Urban Low Density and the City's is Master Planned Development and Low Density Residential. The requested Low Density Residential future land use would provide for an appropriate transition and would be compatible with existing densities and intensities in the area. The City's Low Density Residential future land use is the most compatible future land use for a residential project when transiting from Lake County Urban Low Density. Staff is able to support the requested change and recommends approval of the comprehensive plan amendment to City of Clermont Low Density Residential future land use. The property is currently in Lake County and consists of the following zoning designations: Agriculture, Ranchette Agriculture, and Urban Residential. The applicant is requesting a Planned Unit Development (PUD) for 99 single family lots with a density of 2.70 dwelling units per net acre. The property is adjacent to three existing single family subdivisions: Greater Pines with a density at 1.84 dwelling units per acre, Southern Pines with a density at 3.00 dwelling units per acre, and The Reserve at Lost Lake with a density of 1.88 dwelling units per acre. The applicant has provided an updated conceptual site plan, dated July 22, 2022, showing the layout and specifics of the subdivision. The applicant is requesting sixty (60) foot wide lots with a minimum lot area of 7,500 square feet. The setbacks will be twenty-five (25) feet front yard, twenty (20) feet rear yard and side yard will be five (5) feet. The subdivision entry point will be from Johns Lake Road with an emergency access from Lost Lake Road. The portion of Lost Lake Road that crosses within the subdivision shall be upgraded to City standards. Lost Lake Road from Hancock to the site will be required to be graded, leveled, and stabilized to support fire and emergency access vehicles. The Traffic Impact Analysis indicated the project shall have an eastbound left turn lane on Johns Lake Road at the project access point. In addition, the project will be responsible for a 1.7% proportionate share cost to the widening of Hancock Road from Hooks Street to Johns Lake Road. The applicant was requesting several waivers to the code in order to develop the subdivision, but with the latest revision, it has been reduced to the following waivers: 1. Exceed 10 feet of grade modification (cut/fill) on lot area for up to 10% of the site. 2. Reduction in lot width and setbacks to accommodate the specific Ashton Woods homes. Staff has reviewed the project and concerns were noted. The concerns were expressed to the applicant and with the requested PUD rezoning request, the applicant has the right to seek approval. The access to the northwest property owners was a concern and this appears to have been addressed. A condition has been drafted to add to the PUD to ensure access to these owners, who are represented by Jimmy Crawford. The applicant has also made a few changes from the initial proposal, such as increasing the lot width from fifty (50) feet to sixty (60) feet and increasing the internal right-of-way width to sixty (60) feet from fifty (50) feet. As to the applicant's request to rezone the property to Planned Unit Development, Council shall act as it deems appropriate. If Council does not support the applicant's request, staff recommends the property be designated with a zoning of R-2 Medium Density Residential since this is very similar with the characteristics of the surrounding subdivisions. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2022 The Planning and Zoning Commission recommended approval to R-2 Medium Density Zoning with no waivers, in which the proposed project could not be developed as proposed. Please note: the applicant has three applications that are dependent upon each other with the rezoning being the most critical portion. Cecelia Bonifay, Esq., Attorney with Akerman Law Firm, presented on behalf of Ashton Woods who is the contract purchaser and developer of the project. As staff had stated there are three separate applications but asked to consider them in combination as one is interdependent on the other. Each one will have to be voted on separately, however, we would not want a passage of annexation if it were not going to reflect the rezoning. Ms. Bonifay gave some background on the project and spoke about the surrounding properties and access points. Discussion ensued regarding the emergency access for the Fire Department having to be graded, leveled, and stabilized on Lost Lake Road. The city did not find the road suitable for emergency vehicles. Ms. Bonifay stated that she has contacted Lake County and the city regarding the road, her client is willing to improve the road along their property boundary but they will not improve the entire road to Hancock. There was discussion on other access points to the property and if anything else will work as an emergency access point. Fire Chief Ezell provided an explanation as to the reason Lost Lake Road cannot handle emergency vehicles along with the width the road needs to be. If a road is not up to city standards, then it has the potential to slow down response times in an emergency. The applicant, Tina Lee stated that they are dedicating additional Right Of Way along the southern portion of the north piece of the property. Ms. Lee explained that Ashton Woods has no issue stabilizing the portion of Lost Lake Road along the boundary of the property line. Mayor Murry opened the public hearing. Jimmy Crawford, 702 W. Montrose Street - represents the neighbors to the northwest and stated for the record that as long as the developed language proposed for the PUD stays in the ordinance then his clients are not in opposition. Charlene Forth, 939 W. Desoto Street — opposed to the project stating growth never pays for itself. Marion Ringwood, 1808 Nature Cove Lane — expressed concern regarding the subdivision and Lost Lake Road. Pamela Molesky, 1820 Nature Cove Lane — expressed concern regarding project. Jean Ann Swords, 2983 Southern Pines Loop — expressed concern regarding project. Laura Davidson, 12735 Douglas Fir Court — expressed concern regarding project. Tod Howard, 1986 Brantley Circle - expressed concerns and requested the Council deny until the builder meets the city's requirements. Mayor Murry closed the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2022 Ms. Bonifay stated this is a transition area. She remarked the client cannot accept the requirement in the ordinance to stabilize Lost Lake Road from the property all the way to Hancock Road. If it is the consensus of Council to not agree on the rezoning then they requested the Council to not approve any part of the project. Council Member Purvis asked City Attorney Mantzaris the alternative if the Council does not approve the annexation. Mr. Mantzaris explained that the future development will be under purview of the county. They will seek approval from the county and will return to the city for water and sewer. Discussion ensued regarding the emergency access and lot widths. Council expressed their thoughts on the project. They discussed the developer making changes and possibly returning to Council with a revised plan. City Attorney Mantzaris asked Ms. Bonifay how the client would like to proceed based on discussion of the City Council. Ms. Bonifay stated that the applicant would like a determination at this meeting. Council Member Bates moved to deny Ordinance No. 2022-024: Seconded by Council Member Pines. The motion passed by roll call vote 3-2 with Council Members Purvis and Entsuah opposing; No action was needed on Ordinance No. 2022-025 and Ordinance No. 2022-026 since Ordinance No. 2022- 024 was denied. Item No. 12 - This item was addressed earlier in the meeting and tabled to the October 11, 2022 meeting. Item No. 13 — Resolution No. 2022-016R, APC Roofing CUP 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. Development Services Director Henschel presented the Conditional Use Permit request. The applicant is requesting a Conditional Use Permit (CUP) to allow for the development and construction of a roofing and warehouse building over 5,000 square feet to be located in the C-1 Light Commercial zoning district. The vacant parcel is approximately 0.51 acres and is located on West Broome Street, between Second Street and West Avenue. The Land Development Regulations, Section 122-204 requires a Conditional Use Permit for the warehouse use. The applicant would like to develop the site and construct a 5,500 square foot warehouse building with a small office. The applicant provided an updated site plan on August 15, 2022 reducing the size of the building from 8,000 square feet to 5,500 square feet. The C-1 Light Commercial zoning district intent and purpose is to provide light retail and office uses that are compatible and less intrusive to the adjacent neighborhood character. The warehouse will be used for the existing roofing company, in which will include the delivery of large quantities of roofing products and materials via large trucks that are inconsistent with the intent of the C-1 Light Commercial zoning district. 51 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2022 The City's Public Works Department has reviewed the access points identified on the Conceptual Plan and made the determination that West Broome Street, a local street cannot handle this repeated heavy traffic in that area. Staff has reviewed the CUP application and finds the proposed warehouse use located in the C-1 Light Commercial zoning district is out of character and not consistent with the existing development patterns. The proposed use does not meet the general intent and purpose of the C-1 zoning district. Staff recommends denial of the requested Conditional Use Permit to allow for the development of a warehouse building and use in the C-1 Light Commercial zoning district. Jimmy Crawford was present on behalf of the applicant on this project. Mr. Crawford stated that there was miscommunication between the applicant/owner and city staff. The owner of APC Roofing, Alberto Contreras, the Builder and Project Engineer are all in attendance and available for questions. When the business opened, the owner realized he had nowhere to store excess roofing materials from jobs they are on. Mr. Contreras fenced in the back portion of the property and was told by the city that he was not allowed to store materials out in the open. The building would house 1,200 square feet of office space. The other space would be used to store excess materials. Deliveries of materials would be done only by their company trucks as they come and go from jobsites. Mayor Murry opened the public hearing. Tod Howard, 1986 Brantley Circle — expressed support to allow the local business to serve the city and improve property values. Barry Rubenstein, 1000 East Avenue — thanked Mr. Contreras for reducing the size of the building to one story. Expressed concerns regarding using Broome Street as there are two schools and children walking in the area and during rush hour in that area, it gets congested. Mayor Murry closed the public hearing. Discussion ensued regarding delivery days and times along with the type of vehicles that will be in and out of the yard. Council, along with the applicant, agreed that deliveries will only take place Monday through Saturday between the hours of 8am and 5pm. The gross vehicle weight of any vehicle will not exceed 15,000 pounds and that the building height will not exceed 25 feet. Council Member Bates moved to approve Resolution No 2022-016R with delivery times being Monday to Saturday 8am-5pm, with the understanding that the building height will not exceed 25 feet, no vehicle shall be making deliveries over 15,000 lbs using Broome Street access, Seconded by Council Member Pines. Passed unanimously 5-0 with all members present voicing aye Item No. 14 - This item was addressed earlier in the meeting and tabled to the October 11, 2022 meeting. NEW BUSINESS Item No. 15 - This item was addressed earlier in the meeting and tabled to the September 27, 2022 meeting. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2022 Item No. 16 - This item was addressed earlier in the meeting and tabled to the September 27, 2022 meeting. Item No. 17 — Resolution No. 2022-022R, Cross Ridge Exchange A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A MIXED -USE DEVELOPMENT WITH 115,000 MAXIMUM TOTAL BUILDING SQUARE FEET TO BE PERMITTED IN THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. City Clerk Howe read the resolution into the record by legal title only. Planning Manager Kruse presented the item. The applicant is requesting a Conditional Use Permit (CUP) to allow for a mixed -use commercial development with up to a maximum of 115,000 total building square footage in the Lost Lake DRI. The Planned Unit Development allows C-2 General Commercial permitted uses in this PUD on parcel K. The vacant parcel is approximately 12 acres and located between the Walmart and BJ Wholesale Club Retail Stores. The parcel is part of the Lost Lake Master DRI and one of the last remaining vacant properties in the PUD. In the Lost Lake DRI, parcel K was allocated up to 468,000 square feet of commercial use on 41 acres. Wal-Mart was developed on 29 acres and has used 230,000 square feet of commercial use. The proposed 115,000 square feet on the remaining acreage of parcel K puts the total commercial square footage at 345,000, which is substantially less than the 468,000 square feet allowed in the DRI. Section 122-224 requires Conditional Use Permits when any commercial space or establishment is over 20,000 square foot. The proposed development shall be required to comply with the Clermont Codes and the PUD Development Standards. The project design layout is proposing access points on US Highway 27 and Cross Ridge Road. When evaluating a request for a Conditional Use Permit, Section 86-144 of the Land Development Code requires specific development standards and provisions are met; Staff has reviewed the application and supporting documents and finds the proposed use does meet the general criteria for granting a Conditional Use Permit. The Development is compatible with the current development patterns and general character of the surrounding areas. The project is consistent with the Clermont Comprehensive Plan goals, objectives and polices Therefore, staff recommends approval of the Conditional Use Permit with the conditions contained in Resolution No. 2022-022R. The Planning and Zoning Commission voted unanimously to recommend approval of Resolution No. 2022-022R Jimmy Crawford was present on behalf of the applicant. This is the quintessential infill spot between BJs and Wal-Mart. The applicant is not asking for any waivers from the code. The applicant is present and is available for any questions. Mayor Murry opened the public hearing. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2022 Ted Kuriakis, 2577 US 27 — General Manager for BJs. Expressed concerns regarding the access road. Mayor Murry closed the public hearing. Mr. Crawford stated that there is a cross access easement that exists. Traffic will increase and they will work with the surrounding stores. The only clarification that they would request is to be able to have a drive thru speaker as the ordinance prohibits outdoor speakers. Discussion ensued regarding traffic and the use of a traffic light not being an option with the placement close to the light at Johns Lake Road. When the construction plans are submitted FDOT will take a look at the traffic patterns. The consensus of the Council was in support of the project. Council Member Entsuah inquired about a stop sign on the access road between this project and BJ's. Mr. Crawford stated they would be willing to commit to having a stop sign at that access road. Council Member Bates moved to approve Resolution No. 2022-022R with the understating of no outdoor speakers with the exception ofygur typical restaurant drive thru style and a stop sign at the access road, Seconded by Council Member Pines. Passed unanimously 5- 0 with all members present voicing ave Item No. 18 — Resolution No. 2022-023R, Headquarter Honda 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 AUTOMOBILE REPAIR AND SERVICE BUILDING IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. City Clerk Howe read the resolution into the record by legal title only Development Services Director Henschel presented the request. The applicant is requesting a Conditional Use Permit (CUP) to allow for the expansion of the existing automotive services building located in the C- 2 General Commercial zoning district. The Land Development Regulations, Section 122-224, requires a CUP for any type of automotive sales, services, garages, carwash, boats, paint and body shops, which also includes any expansions and building additions for the current auto dealerships. The property Land Use designation is Commercial. The requested CUP will allow for the construction of the 11,000 sq. ft. service building addition. The addition will be at the rear of the property and will increase the service capacity at the existing dealership. Staff has reviewed the application and proposed project in regards to compliance with the Clermont Codes. The proposed use is consistent with the goals, objectives and policies of the comprehensive plan and intent of the land development regulations for commercial zoning. Staff recommends approval. Mary Solik, Counsel for Headquarter Honda, introduced all parties present for this project and all are available for questions. Ms. Solik corrected that the addition is 9,000 sq. ft. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2022 Discussion ensued regarding the enclosure of the detail bay area. Peter Thomas from Thomas Design stated it is partially open and situated behind a wall. Council Member Bates moved to approve Resolution No. 2022-023R. Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present voicing aye. Item No. 19 — Variance Request, Minor Lake Subdivision Planning Manager Kruse presented the variance request for Mirror Lake Subdivision. The applicant, Nick Asma, is requesting six (6) variances to the Land Development Code to allow for construction of a 21 lot single-family residential subdivision. The vacant parcel is located on the south side of Old Highway 50, just west of the Greater Hills Subdivision. The zoning is R-1 Single Family Medium Density Residential with a Low Density Residential Land Use. The applicant is requesting the following variances: 1) To allow for a private gated street, rather than public. 2) To construct only one cul-de-sac at the end of the street with no intermediate cul-de-sac. 3) To reduce the landscape buffer along the east property line to 5 feet instead of the 10 feet. 4) To reduce the road right-of-way width to 50 feet, rather than 60 feet. 5) To construct a sidewalk on only one side of the street where homes will be located, rather than both sides of the street. 6) To reduce the front yard building setback to 20 feet, rather than 25 feet for lots 5-9. The proposed 21-lot subdivision as designed would provide one access point off Old Highway 50. The applicant has indicated that because of existing topography changes and construction constraints, the six variances are required to allow for development. The Council previously approved eight variances in 2000, 2007 and 2008, and 2020 to allow for a 21 lot single-family development that was never constructed. City Code Section 86-171 indicates a variance to the Land Development Code may be granted as a hardship relief when strict compliance with the code would render a parcel incapable of reasonable use and development. Staff finds the subject parcel is vacant. Therefore, it may be designed with a less intense development which may not require variances to the land development codes. The property as designed may provide a challenge for fire and emergency vehicles access due to the request to allow a reduction of the right-of-way from the required 60 feet to a 50 feet width. The request to reduce the landscape buffer from 10 feet to five feet would provide less screening for the east side properties and may be seen as undesirable and intrusive to adjacent property owners. In addition, the request for a 50 foot wide right of way, instead of the 60 feet as required by the Code, may provide access challenges for Emergency Vehicles. Section 86-174 of the Land Development Code requires a positive finding on the Review Criteria and Findings in order to grant a variance, staff has reviewed the application as submitted and finds the application does not meet a positive finding. Therefore, staff recommends denial of the variance request to the Land Development Code. 13 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2022 Nick Asma provided background on this project. Mirror Lake is a proposed 21 lot subdivision with access off of Old Winter Garden Road. The project received approval of 24 lots in 2008. The revised plan is only for 21 lots. Mr. Asma explained they are not asking for anything different than what was approved in 2020. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council discussed the subdivision having a private gated road, road width and landscape buffers. Mr. Asma requested a continuance to October 11, 2022 to return and further address the issues Council has with the project. Council Member Bates moved to table the variance request to October 11. 2022: Seconded by Council Member Entsuah. Passed unanimously 5-0 with all members present voicing aye. Item No. 20 — Variance Request, 2388 Kaley Ridge Road Development Services Director Henschel presented the variance request. The applicant is requesting a variance to allow for the encroachment of pavers and concrete into the side and rear yard setbacks of the residential lot located at 2388 Kaley Ridge Road. The property is located in the Highland Ranch Planned Unit Development, located on Old Highway 50 and southwest of the Florida Turnpike. The applicant has installed pavers and concrete on the sides and rear yards of the property. The pavers and concrete slabs have been installed without an approved permit. This property currently has an open Code Enforcement investigation. The existing single-family residential lot requires a 5-foot side yard setback and a 5-foot rear yard setback. The patio project does not exceed the maximum impervious surface ratio requirements for the lot. The applicant has presented supporting documents that include the Homeowner's Association approval letter and pictures of the existing patio and fire pit areas. In this subdivision, the zoning requires a 5 foot setback from the side yard and rear yard. The applicant has encroached into those areas by approximately 3 feet. Section 86-174 of the Land Development Code requires a positive finding on the review criteria in order to grant a variance. Staff has reviewed this application as submitted and finds the application does not meet a positive finding of the provisions of the review criteria. Therefore, staff recommends denial of the requested variance. Mr. Nguyen apologized for the pavers and stated he was not aware that he needed a permit to have the pavers in his yard. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council discussed their concerns about drainage of the property with the pavers on the side of the house. The consensus of the Council was that the owner can keep the pavers but needs to come into conformance with the setbacks. 14 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2022 Council Member Purvis moved to deny the variance request; Seconded by Council Member Bates. Discussion ensued as to how to assist the applicant on coming into compliance and the work needed to be done in order to accomplish it. Passed unanimously 5-0 with all members present voicing aye. Item No. 21— This item was addressed earlier in the meeting and tabled to the October 25, 2022 meeting. Council Member Bates inquired about Council attending the City Manager Town Hall meeting on August 30, 2022. City Attorney Mantzaris stated the meeting will be noticed and strongly suggested if Council Members attend the meeting, to not participate in the meeting. ADJOURN: With no further comments, this meeting adjourned at 9:58pm. Tracy Ackroyd Howe, MMC City Clerk APPROVED: Tim Murry, Mayor 15