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09.12.2023 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING September 12, 2023 CALL TO ORDER The City Council met in a regular meeting on Tuesday, September 12, 2023 in the Clermont City Council Chambers. Mayor Murry called the meeting to order at 6:30pm with the following Council Members present: Council Members Entsuah, Pines, Gonzalez and Purvis. Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE A moment of silence was followed by the Pledge of Allegiance. PROCLAMATIONS City Clerk Howe read three (3) proclamations aloud. Constitution Week, Marcelaine Lewis accepted the proclamation. Ms. Lewis, Regent of the Tomoka Chapter, expressed appreciation for the proclamation. Childhood Cancer Awareness Month, Jessica Messer accepted the proclamation. Ms. Messer expressed appreciation to the city for bringing awareness to the community. National Ballroom Dance Week, Alberto Hoyos accepted the proclamation. Mr. Hoyos expressed appreciation for the proclamation. PUBLIC COMMENTS Stephen Franklin, President of Chain of Lakes Foundation, 378 12°i Street - expressed concern regarding building a parking lot at the lakefront. Vincent Neimic, 4569 Barrister Drive - thanked Council and staff for the 9/11 ceremony. Chandra Myers, 1040 Glenraven Lane - spoke on protecting the lakes. Charlene Forth, 939 W. Desoto Street - spoke regarding waterfront and parking lot. RE_ P CITY MANAGER REPORT • Wine Stroll on Friday, September 15. • September 19 will be a community visioning workshop at the Clermont City Center to update codes. • Thanked the Police Department and Fire Department for the 9/11 ceremony. CITY ATTORNEY REPORT - No report. CITY COUNCIL REPORT Council Member Purvis - • Attended the 9/11 ceremony, it was well attended and organized. • Attended funeral service for George Hovis, long time attorney in the city. Council Member Entsuah - No report. City of Clermont MINUTES REGULAR COUNCIL MEETING September 12, 2023 Council Member Pines — • Expressed appreciation to Police Chief and Fire Chief. Council Member Gonzalez — No report. Mayor Murry — • Attended the Police Department Promotion Ceremony. • Today is National Police Women's Day. • Mayor's lunch was held last week at Amore's. • 9/11 ceremony was amazing and one of the best he has attended. 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 — Plat Approval Item No. 2 — Resolution No. 2023-030R Item No. 3 — Clermont Police Officer Local 6013 And Sergeants 6014 Collective Bargaining Agreement Amendment. Item No. 4 — Term Contract Award Fireworks Display Services Item No. 5 — Piggyback Term Contract Sports Lighting Item No. 6 — Resolution No. 2023-035R McKinney Park Item No. 7 — Resolution No. 2023-038R New Beginnings of Central Florida 2 Consider plat approval of phase 3 of the Shoppes at Hammock Ridge Crossing located between US 27 and Hammock Ridge Road near the intersection. Consider approval of Fiscal Year 2023 Budget Amendment to the Capital Projects Fund, ARPA Fund, Water Fund, Sewer Fund and Stormwater Fund. Consider approval of the first amendment to the Police Officer Union CBA for the period October 1, 2020 - September 30, 2024, Article 31 Wages. Consider approval to award term contract to Four Seasons Display, Inc. Consider approval to piggyback the Sourcewell term contract with Musco Sports Lighting, LLC. to provide equipment, maintenance services and installation. Consider approval of the contract to purchase in the budgeted amount of $624,000, paid by park impact fees. Consider approval of a Utility Easement Vacation Request, Alternate Key No. 3801361. City of Clermont MINUTES REGULAR COUNCIL MEETING September 12, 2023 Item No. 8 — Event and Event Road Closure Request Consider the event with road closures (parade), Veteran's Day on City property on November 11, 2023 at West Park and continue to Waterfront Park. Item No. 9 — Clermont Main Street Harvest Festival and Hometown Holiday Event and Road Closure Request. Item No. 10 — Election Results Acceptance Consider approving two (2) events with road closures on October 28, 2023 from 8am to 6pm, and November 11, 2023 from 12pm to 9pm. Acceptance of the results for the Municipal Primary Election held on August 22, 2023 for Seat No. 4. Council Member Pines moved to approve Consent Agenda Items 1-10: Seconded by Council Member Purvis. Passed unanimouslv 5-0 with all members present voicine ave. UNFINISHED BUSINESS Item No. 11 — Joint Planning Area (JPA) Review, Green Mountain/Old SR 50 PUD Development Services Planning Manager Kruse stated that city staff is requesting comments from the City Council regarding a proposed project within the Joint Planning Area (JPA) being considered in Lake County. The project, Green Mountain Planned Unit Development, consists of 123 vacant acres located along Old Highway 50, south of the turnpike, north of Plaza Collina, east of CR 455 and west of the Orange County line. The applicant, Thomas Daly (Daly Design Group), has proposed the development of 192 single family residential homes and 342 multifamily units for a total of 534 dwelling units. The applicant is requesting to change the existing Future Land Use Designation in Lake County from 4 dwelling units per acre up to 12 dwelling units per acre. The development application also includes a rezoning request to (PUD) Planned Unit Development. The applicant will be requesting water and sewer service from the City of Clermont. The applicant is requesting several waivers within the PUD, which would waive JPA requirements. Staff has identified items within the PUD that do not meet the JPA requirements. The Clermont JPA requires a minimum 75-ft lot size for single family homes. The proposed development is requesting 50 foot lots. In addition, a PUD conceptual plan showing the layout of the project has not been submitted and additional items may not meet the Clermont JPA, such as right-of-way width and minimum lot sizes. Staff is requesting your comments and recommendations for this project. These comments will be forwarded to Lake County Planning and Zoning and the Lake County Board of County Commissioners. Staff is not in support of this project since it does not meet the JPA standards. Rick McCoy was present on behalf of the applicant and is available for questions. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. City Manager Bulthuis clarified that this is an application going forward in Lake County, the project is next to the City of Clermont. The applicants are requesting water and sewer service which the city has not approved. There has not been formal application with density and usage as the document submitted by the applicant was incomplete. t City of Clermont MINUTES REGULAR COUNCIL MEETING September 12, 2023 Discussion ensued on the city's water system being able to handle this project. The applicant is not requesting annexation into the city, only request is for utilities. Council asked for clarification on the incomplete state of the application. Mr. McCoy explained that the applicant is asking for a zoning change to have guidance on how to proceed with the project. With the city having a JPA agreement, the applicant would return to Council with the proposed finished project. Annexation requests were discussed on properties that get approval from the County to build and then request utilities from the city. The City Council would like applicants to request utilities from the city prior to approval from Lake County. Mr. McCoy asked the Council for comments on what they would like to see in order to receive a positive recommendation. City Attorney Mantzaris stated that the application before Council is for a recommendation and cautioned on redesigning the project. City Attorney Mantzaris stated that staff's recommendation was to tell the County you are opposed to the application based on the facts that staff presented in their memo. Council Member Purvis motioned approve staff s recommendation: Seconded by Council Member Gonzalez. City Attorney Mantzaris clarified that approving staff s recommendation was conveying to the county that council objects to the rezoning application. Passed unanimously 5-0 with all members present voicine ave. NEW BUSINESS Item No. 12 — Variance Request, Valor Lakes Development Services Director Henschel presented the item. The applicant, Valor Lakes, is requesting a variance to allow for a 264 square foot wall sign, which exceeds the maximum 200 feet permitted by the Land Development Codes, Section 117-15. The subject property is located at 12626 US Highway 27, and the current zoning is Planned Unit Development (PUD). The PUD allows C-2 General Commercial permitted uses. The signage for the PUD must comply with the Clermont Codes, Chapter 117-15 Permitted Signs. The request for the larger wall sign with a 264 square foot area may be considered out of character with other similar signs in the same zoning category. The proposed signage would be 64 square feet over the maximum permitted for primary wall signs. The code allows a maximum 200 square foot copy area which has proven adequate to protect and maintain visual integrity of roadway corridors within the city. Section 101-246 of the Land Development Code requires a positive finding on all the review criteria and findings in order to grant a variance; the application has been reviewed as presented and the application does not meet a positive finding on all the review criteria. Therefore, staff recommends denial of the variance request to the Land Development Codes. The applicants Colin Myers and Scott Homan were present. Mr. Myers gave a summary of his company and how they help veterans. Mr. Homan stated that the building is canted in a southern direction and is 4 City of Clermont MINUTES REGULAR COUNCIL MEETING September 12, 2023 challenging to see. The proposed signage will be more visible. Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street - spoke in opposition. Anthony Grove, 1105 Sadie Ridge Rd. - spoke on adhering to the standards. Charlene Forth, 939 W. Desoto Street — spoke about application fees. Mayor Murry closed the public hearing. Council discussed reducing the size and alternatives to the lettering. A consensus was made that the sign code needs more clarification and council has been strict on sign variance applications. Development Services Director Henschel informed Council on the alternatives they offered the applicants for their sign. Council suggested that the applicants work with city staff and return to Council at a later date. Council Member Purvis motioned to table the item to October 10 to allow annlicant to work with staff: Seconded by Council Member Gonzalez. Passed unanimously 5-0 with all members present voicine ave. Item No. 13 — Resolution No. 2023-023R, Volkswagen of Clermont CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOTIVE SERVICES AND SALES USE, AND A BUILDING OVER 20,000 SQUARE FEET IN THE C-2 GENERAL COMMERCIAL DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Development Services Planning Manager Kruse presented the item. The applicant, Merideth Nagel, Esq., is requesting a Conditional Use Permit (CUP) to allow for automotive services and sales use and a building over 20,000 square feet in the C-2 General Commercial District. The property is located northwest of the US 27 and SR 50 intersection. The future land use is Commercial and the property consists of 8.6 +/- acres. The site is currently vacant and it used to have direct access to US 27 from Highland Avenue, which was closed due to the construction of the improved interchange at US 27 and SR 50. The primary access points to the site are Millholland Street and Almond Street, with a secondary access point from the frontage road via Highland Avenue. The property was formerly the site of the Clermont Motor Lodge and EMS station. This area has been undergoing a transformation from residential uses to commercial uses over the last several years. The applicant is requesting the site to be used for a Volkswagen dealership. The dealership will utilize approximately 6 acres of the southern portion of the site and the northern 1.9 acres will be donated to the City of Clermont. To the north is vacant commercial, east is US Hwy 27, south is the Crown Lounge and Wendy's, to the west is an Electrical Substation, 40 ft. unimproved Right of Way (ROW), professional offices and residential. In addition, the applicant has acquired the '/2 acre site adjacent to Wendy's and would like to use this site for a display area that fronts on SR 50. The applicant has requested a slight 5 City of Clermont MINUTES REGULAR COUNCIL MEETING September 12, 2023 increase in the glass display box square footage from 300 square feet to 330 square feet. The applicant has conducted a Traffic Impact Analysis (TIA) that indicated traffic from the proposed use would generate less than 100 peak hour two-way next trips, which would classify it as a Tier 1, de minimis impact, and no operational improvements were identified. The current road access points were studied through field investigations as well for physical load demands placed upon the existing road network and it was concluded that several of the roads needed additional improvements. The applicant has agreed to fully fund and improve these road segments, consisting of a partial rebuild of Bloxam Avenue and Almond Street along with overlays of Millholland Street and Almond Street as well. These improvements will provide the necessary road support for the dealership operation along with users in the vicinity. In reviewing a conditional use permit application, Section 101-212 (c) of the Land Development Code lists the general criteria for granting a conditional use permit. The granting of this conditional use permit is consistent with the Commercial Future Land Use designation in the comprehensive plan. The proposed use will not be detrimental to the health, safety or general welfare of persons residing or working the vicinity. The applicant is improving the current conditions of the road network, which would be an improvement to those residing or working in the area. The proposed use will comply with the regulations of the Land Development Code, such as landscaping, architectural guidelines, and stormwater retention. This particular location has experienced the loss of a direct US 27 access point via Highland Avenue, in which has made it challenging for commercial projects to be viable at this location. The proposed dealership would be a destination for specific users and this particular location would be considered desirable. Staff has reviewed the application and supporting material and recommends approval of Resolution 2023-023R with the added change from 300 square feet to 330 square feet. The Planning and Zoning Commission recommended approval, 6-0. Meridith Nagel was present on behalf of the applicant. Ms. Nagel stated this can be a difficult site because of the access issues although the dealership will work well at that location. The previous proposal for this site was for 56 Townhomes, the dealership will be less intensive than that project. In order to serve the community the dealership has agreed to do a complete rebuild at Bloxam Avenue, all the way to Almond Street and continue with an expansion at Almond Street intersection and additional overlays and restriping. The dealership is proud to provide financial support to benefit the community. Mayor Murry opened the public hearing. Stephanie Harding, 272 Nautica Mile Drive, representing Crown Lounge — in support of the dealership, expressed concerns regarding traffic flow and access points. Charlene Forth, 939 W. Desoto Street — expressed concern regarding roads. Mayor Murry closed the public hearing. Council Member Purvis gave his thoughts on this parcel and stated that the road repairs will be approximately $1 million that the applicant is paying for and relieves the city of spending money to repair the roads. The topic of timeframes and routes of vehicle deliveries was discussed. Deliveries occur a couple times a week and the applicant expressed their willingness to change delivery times if that is a concern. Discussion ensued regarding the location of the sign on SR 50. The project Engineer, Mitch Collins, stated 6 City of Clermont MINUTES REGULAR COUNCIL MEETING September 12, 2023 that the sign for Crown Lounge is adjacent to the Right of Way and sits on SR 50. The dealerships displays will be set back and will be far beyond the Crown Lounge sign. The intent is not to be next to their sign. Mayor Murry disclosed he met with the application. Council Member Purvis disclosed he had 2 (two) telephone conversations with the applicant's attorney. Council Member Pines disclosed that she spoke with the applicant previously. Council discussed their support of the project with Council Member Pines expressing her reserves with the location and stating she is not in support. Council Member Purvis motioned to accent Resolution 2023-023R as presented with additional language to be developed by staff and applicant concerning delivery times and signage: Seconded by Council Member Entsuah. Passed 4-1 with Council Member Pines opposing. Item No. 14 — Real Property List, FL SB 102 Development Services Director Henschel explained that this item is in response to new state legislation. In March 2023, Senate Bill 102 became law with a majority of the bill covering the Live Local law that Florida counties and cities will be soon following. Within the bill is a requirement for municipalities to create a resolution and post a list of city -owned property that would be appropriate for use as affordable housing. Staff provided council with a list of city -owned properties that could be used for such use. The city has one parcel on Max Hooks Road that is 45 acres. Once reviewed and approved by the City Council, a resolution will come before City Council and will be posted on the city website. Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street — asked for explanation on FL Senate Bill 102. Mayor Murry closed the public hearing. City Manager Bulthuis explained that there is a provision within the bill that all cities and counties have to look at every property they own and determine if it would be appropriate for affordable housing. When city staff reviewed this, the only piece of property was on Max Hooks Road. The County has to look at all its property as well. If this is approved by Council, staff will return with a resolution and publish on the website so developers can see any properties that could be used for affordable housing. This property has a lot of wetlands and somewhat of a landfill. Staff s recommendation is that there is a possibility they could take a small portion of it. City Attorney Mantzaris clarified that the interpretation of the bill is that it only applies to properties not otherwise designated for a particular purpose. State Representative Taylor Yarkosky was invited to the podium to speak on the FL Senate Bill 102. Mr. Yarkosky stated that this bill is a work in progress. He was not involved in any capacity of this bill but is committed to be a part of figuring it out. Council Member Purvis moved to approve staff s recommendation: Seconded by Council Member Entsuah. Passed unanimously 5-0 with all members present voicing ave. Item No. 15 — Ordinance No. 2023-027, Parking Code Introduction 7 City of Clermont MINUTES REGULAR COUNCIL MEETING September 12, 2023 AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE CHAPTER 115 — PARKING AND VEHICULAR USE AREAS; PROVIDING FOR CONFLICT, SEVERABILITY; CODIFICATION; THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERRORS, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Council Member Entsuah moved to introduce Ordinance No. 2023-027: Seconded by Council Member Pines. Passed unanimously 5-0 with all members present voicing ave. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING September 12, 2023 ADJOURN: With no further comments, this meeting adjourned at 8:36pm. APPROVED: Tim Murry, Mayor �►f!fa�lf►tA� ATTEST: Tracy Ackroyd Howe, MMC City Clerk