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12.12.2023 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING December 12, 2023 CALL TO ORDER The City Council met in a regular meeting on Tuesday, December 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 Gonzalez, Myers and Pines. Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and City Clerk Howe. Mayor Murry informed citizens that Council Member Purvis passed away and paused for a moment of silence in his honor. INVOCATION AND PLEDGE OF ALLEGIANCE Police Chaplain James Pagan gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Anthony Grove, 1105 Sadie Ridge Rd. — expressed concern with budget and Council term limits. Banks Helfrich, 9100 Sams Lake Road — spoke on mental health. Dani Page, Tuscany Ridge — stated that the re -timing of traffic lights on State Road 50 is not working and there is a foul smell in the water. Paula Hoisington, 564 E. Desoto — spoke on being kind and respecting each other's right to disagree. Charlene Forth, 939 W. Desoto Street — expressed concern regarding an encounter during Light Up Clermont. Mayor Murry said he spoke with residents regarding the encounter. REPORTS CITY MANAGER REPORT City Manager Bulthuis — • City offices will be closed on December 25 and 26 and January 1. • There is no City Council meeting on December 26; next City Council meeting will be January 9, 2024. • Thanked staff and everyone that helped with Light Up Clermont. It was a huge success and supported downtown merchants. Spoke about Council Member Purvis. The funeral will be on Saturday, December 16 at 1pm at Family Christian Center. CITY ATTORNEY REPORT City Attorney Mantzaris — • Announced to all applicants with an item on the agenda that in the event of a 2 to 2 vote, that is considered a denial. There will be an extended time period where Council will only have four members so applicants have the opportunity to remove their item from the agenda and have, it brought up at a later date. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING December 12, 2023 CITY COUNCIL REPORT Council Member Myers — • Extended condolences to the family of Council Member Purvis. • Attended the Florida League of Cities conference in Orlando. • Attended the MPO Board meeting in Leesburg. • Met with some Department Heads. Council Member Pines — • Thanked Public Services for installing the three stop signs at Pitt and Drew Street. • She spoke about Council Member Purvis and would like the Council to consider dedicating Fire Station 2 in Council Member Purvis' memory. He has pushed for the new Fire Station to be built and this would be a wonderful way to honor him. The consensus from Council was in support of the idea. Council Member Gonzalez — • Spoke about Council Member Purvis, he was a great mentor. Mayor Murry — • The signal lights on State Road 50 have not been reprogrammed yet. • Asked City Manager Bulthuis to check into the water smell, received an email regarding the sewer smell and had requested for staff to look into it. • Attended the Florida League of Cities conference. • Spoke on Light Up Clermont. • The City employee breakfast was held last Thursday morning with a great turnout. • Spoke about Council Member Purvis. Mayor Murry asked Council to consider appointing a new Mayor Pro-Tem. Council Member Gonzalez recommended Council Member Pines as Mavor Pro-Tem. Passed unanimouslv 4-0 with all members present voicing ave. 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 — Council Meeting Calendar Item No. 3 — Surplus Request 2 Consider the approval of the November 28, 2023 Council meeting minutes. Consider the 2024 meeting calendar. Consider declaring surplus from the Parks and Recreation, Fire, and Information Technology Departments and dispose of in accordance with the Purchasing Policy. City of Clermont MINUTES REGULAR COUNCIL MEETING December 12, 2023 Item No. 4 - Planning and Zoning Commission Consider the reappointment of Vincent Appointments Niemiec and David Colby to the Planning and Zoning Commission for a two (2) year term expiring Dec. 31, 2025. Item No. 5 - Change Order Request Osceola Street Item No. 6 - C-R7058 JAG Grant Approval and Budget Amendment Item No. 7 - Resolution No. 2023-052R Policy Revision Item No. 8 - Resolution No. 2023-053R Section 125 Plan Item No. 9 - Bid Award Purchase of Hand Guns Item No. 10 - Piggyback Contract Water Meter Installation Services Item No. 11 - Piggyback Contract Police Uniform and Boots Consider approval of Change Order 2 for the sidewalk improvement contract with B & B Outdoor, LLC for mobilization fees in the budgeted amount of $4,OOOent. Consider JAG Grant approval for the Florida Department of Law Enforcement to fund the Defender Shields for officers in the Police Department and a budget amendment in the amount of $9,520 for this unanticipated reimbursable grant. Consider adopting the amended Property Control Policy. Consider amending and restating the City's Section 125 - Cafeteria Plan, including the Flexible Spending Account (FSA) option with carry over features for the January 1, 2024, through December 31, 2024, plan year. Consider bid award to Lawmen's Shooters, Inc. to purchase handguns for the Police Department in the total budgeted amount of $104,475. Consider approval to piggyback the Pasco County term contract with National Metering Services, Inc. to provide water meter installation services. Consider approval to piggyback the Broward County Sheriffs Office term contract with Galls, LLC. to provide police uniforms and boots. Item No. 12 - Martin Luther King, Jr. Day Event Consider approval of the event, with road Request closures (parade), and signs placed on City property on January 15, 2024 at McKinney Park and continuing to Waterfront Park. City of Clermont MINUTES REGULAR COUNCIL MEETING December 12, 2023 Item No. 13 - Honor the Fallen 5k Road Closure Request Item No. 14 - Clermont Caribbean Jerk Festival Event, Open Container, Sign Request, and Boat Ramp Closure Request Item No. 15 - Sips and Salsa Event and Open Container Request Item No. 16 - Red White & Boom Event, Fireworks, and Open Container Request Item No. 17 - Flodash Event and Raod Closure Request Consider the road closure request to Honor the Fallen 5k Clermont Police Department on February 24, 2024. Consider approval of CAALC to have an open container area for their "Clermont Jerk Festival" event on June 1, 2024, at Waterfront Park, and signs to promote the event, and the boat ramp closure request. Consider the Event and Open Container request for the City's cultural event co -hosted by the South Lake Chamber of Council in Downtown Clermont on September 21, 2024. Consider City event request and open container area at Waterfront Park between 3rd Street and 4th Street on July 4, 2024 from 5:00 PM to 9:30 PM. Consider event and road closure request for "Freedom 5K" on July 4, 2024. Item No. 18 - Pig on the Pond Event Request and Consider the event request on October 11 - 13, Boat Ramp Closure 2024 to be held at Waterfront Park with open container in the approved area, fee waiver, signage on city property, fireworks, staff assistance and trail and boat ramp closure. Item No. 19 - Taste of South Lake Event and Consider allowing the South Lake Chamber of Open Container Request and Boat Ramp Closure Commerce to have an open container area and boat ramp closure for their event on November 7, 2024 at Waterfront Park. Item No. 20 - Event Request and Boat Ramp Closure Florida Free Wheelers Bicycle Club Item No. 21 - Light Up Clermont/Hometown Holiday Parade Event, Road Closure and Boat Ramp Closure Request 4 Consider allowing their annual "Horrible Hundred" event at Waterfront Park on November 16 - 17, 2024, and boat ramp closure on Sunday, November 17, 2024. Consider allowing the Clermont Parks & Recreation Department to host the annual event in downtown Clermont with street closures and boat ramp closure on December 6 - 7, 2024. City of Clermont MINUTES REGULAR COUNCIL MEETING December 12, 2023 Item No. 22 — Event and Road Closure Request Consider the event request with road closures Cookies & Cocoa on December 13, 2024 in Downtown Clermont. Item No. 23 — Clermont Main Street 2024 Request Consider approval of their 2024 season of events, and waive all associated ground, staff fees, open container, and road closures for all events. Item No. 24 — Sommer Sports 2024 Events Request and Boat Ramp Closure Consider approval of Sommer Sports 2024 season, open container allowance, and waive all associated ground fees, road closure, and partial day closure of the boat ramp for 2 events. Council Member Pines moved to aDDrove Consent Aeenda Items 1-24 as Dresented; Seconded by Council Member Gonzalez. Passed unanimously 4-0 with all members Dresent voicin¢ ave. UNFINISHED BUSINESS Item No. 25 — Council Member Request Council Member Myers discussed her idea for a citizen's budget review committee. The committee will be intended to provide transparency, information and support into the financial affairs of the city. Council would pass a resolution to support the creation of the committee and solicit volunteers to sit on the committee. All volunteers would present their qualifications and the first 30 volunteers would vote the top 10 to volunteer and they would sit on the committee. The committee would receive the proposed budget in a timely manner to review and submit recommendations to Council prior to voting or implementing the budget. Council Member Myers asked for public comment. Kevin McKenna, 562 W. Minneola — spoke on Council replying to citizens emails. In support of the committee. Keith Mullins, 640 Drew Avenue — supports the concept of the committee. Dani Page, Tuscany Ridge — In support of the committee. Charlene Forth, 939 W. Desoto Street — balanced budget; Planning and Zoning is a citizen's review board; Mayor Murry closed the public hearing. Council Member Gonzalez asked for more information. He questioned how often the committee would meet, cost and purpose of the committee. He feels there needs to be more discussion regarding this. Council Member Pines stated that she is not opposed to an open budget process but would like this to be discussed at a workshop. Budget workshops are open to the public and citizens can speak and share their opinions. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING December 12, 2023 Mayor Murry said that Council did not have specifics when the committee idea was brought up at the last meeting. He has no issue with discussing at a workshop and asked the City Manager to place the item on a future workshop agenda. Council Member Myers stated that she was not aware the public could speak at the budget workshops. She appreciates the willingness to discuss this item at a workshop. Council Member Myers clarified that her preference would be for the citizens, not council, would choose the committee members. Mayor Murry explained that workshops are the third Tuesday of each month. There are no action items, the workshops are for information gathering. City Manager Bulthuis stated that prior to the workshop it would be beneficial to have detailed information on what Council Member Myers is looking for with the committee. Council Member Pines asked City Attorney Mantzaris if forming and selection of boards was dictated by Florida Statutes. City Attorney Mantzaris stated that the Council has authority to create its own citizen appointed committee. The typical selection process that's authorized to the City Council is for the Council to create a committee where the member of Council selects the committee members. Mayor Murry said that once the item is on an agenda they will let the public know. Items No. 26 and 27 were heard concurrently and voted on separately. Item No. 26 — Ordinance No. 2023-026, Lumberyard District PUD 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 title aloud. Item No. 27 - Ordinance No. 2023-033, ROW Vacation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING A PORTION OF CARROLL STREET RIGHT OF WAY AND OF LAKE DRIVE RIGHT OF WAY, JOHNSON'S REPLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 17, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS BELOW; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND EFFECTIVE DATE. City Clerk Howe read the title aloud. [i City of Clermont MINUTES REGULAR COUNCIL MEETING December 12, 2023 Development Services Director Henschel presented the item. The applicant, Wolfe and Wallace Properties, Inc., is requesting a rezoning from Central Business District (CBD) to Planned Unit Development (PUD) in order to develop a mixed -use project consisting of residential and non-residential uses on 12 plus acres located adjacent to Victory Pointe and the South Lake Trail, along Carroll Street. The majority of the property has historically been used as a lumberyard and is still in operation today under the name American Builders Supply. In addition, the property consists of an older storage facility, W&W Storage, and some smaller outparcels with older homes and structures constructed in the 1950s. The applicant is proposing a major redevelopment project that will consist of 392 apartments, a two-story parking garage, an amenity/clubhouse building and a pool, along with 53,100 square feet of non-residential use. As part of this redevelopment, the City's existing lift station will also be relocated and reconstructed by the applicant. In addition, the applicant is requesting a road vacation of a portion of Carroll Street and Lake Drive. These roads currently serve American Building Supply and access to other properties owned by the applicant in this area. The roads are currently in the middle of the proposed project but will be reconfigured and rebuilt. If the project is not approved then the Right of Way request will not be processed. This area within the Central Business District is the last large area of private ownership with a focal point on Lake Minneola and Victory Pointe. The project would front the South Lake Trail and have access to and from the trail. A conceptual site plan prepared by Kimley-Horn, dated 11-22-2023, and shows the layout of the development. The project will be developed in two (2) distinct phases; a multifamily phase and a commercial phase. The multifamily phase will consist of 7.14 acres with 262 apartment units, at a density of 36.69 dwelling units per acre. The applicant is requesting the use of the density bonus provision in the Land Development Code, Section 125-375. The density bonus units in this phase is 84 units. The multifamily phase will consist of four apartment buildings, including a clubhouse and swimming pool. The apartment buildings will be four stories high and will be located on the southern and western portion of the site. The commercial phase will consist of residential and non-residential portion on 5 acres. The applicant is proposing 130 units within this phase, which is 25.19 dwelling units per acre. The applicant is utilizing the density bonus provision in this phase for one additional unit. This phase will consist of a parking structure, two live -work buildings, and three commercial buildings. The total square footage of commercial shall not exceed 55,000 square feet. The uses would consist of office, retail, restaurant, entertainment and other permitted uses within the Central Business District. The applicant has proposed the following items for consideration in receiving the total density bonus of 85 dwelling units. The estimated total of the improvements is $2.14 million, as estimated by their engineer. The specific details are contained in the Community Benefit Agreement, and below is an overview of the items. 1. Asphalt paving of the Row House Parking Lot. 2. Permanent access to the Row House and Lift Station acreage. 3. Repair and reconfiguration of Carroll Street and Lake Drive. 4. Sidewalk improvements surrounding the project. 5. Concession of encroachment lands to adjacent neighbors. 6. Lift station and utility infrastructure. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING December 12, 2023 The applicant is requesting the following waivers to the Land Development Code in order to develop the project. 1. Increase maximum building heights from 55 feet to 65 feet for the multifamily and commercial development. 2. Increase the number of compact spaces from 10 percent to 40 percent in the project. 3. Reduce the minimum landscape island square footage from 300 square feet to 200 square feet throughout the project and 160 square feet within areas of compact parking spaces. 4. Remove the requirement for construction material to be masonry or other non -wood material for construction of the first floor of the buildings. The applicant is requesting these waivers in order to redevelop the property. The maximum building height is due to the four (4) four-story buildings having a 5/12 roof pitch that would provide a better roof drainage system and improved esthetics. The increase in compact spaces, which are 9 feet by 18 feet, is being requested within the multifamily phase (54%) and the commercial phase (21 %). The applicant has indicated the reduced spaces is to have an end goal of maximizing parking for the commercial and multifamily developments. The internal landscape island reduction from 300 square feet to 160 square feet is being requested as well. This request is essentially a compact parking space converted into a landscaped island, thus possibly maximizing parking. The first floor masonry or block construction waiver is being requested since the applicant is able to construct using timber, is able to meet the architectural and building codes as well as have a 50-year useful life. The applicant is proposing a mixed -use redevelopment project within the Central Business District (CBD). The applicant is seeking the use of a density bonus to achieve an additional 85 dwelling units within the project over the 307 permitted units at 25 dwelling units per acre, for a total of 392 dwelling units. The proposed non-residential uses, consisting of up to 55,000 square feet, are acceptable within the CBD. A transportation impact analysis (TIA) has been completed, and it identified road improvements will be required on 12th Street, including the installation of turn lanes. The applicant has proposed several items for consideration for Community Benefit with a value estimated by the applicant's engineer to be up to $2.14 million. The redevelopment of this area and the incorporation of a denser, walkable project is welcomed downtown, along with being advocated by Strong Towns philosophy. The staff is supportive of the concept, with integrated mixed -use options and livability. However, the staff have some concerns about how the entire project will be tied together cohesively from an architectural standpoint. Staff has added conditions within the Ordinance that addresses the commercial phase architecture with a plan to come back to City Council for approval. There are more items staff recommends that are not currently in the ordinance. 1. Remove section 3, item 10.Originally, the applicant thought they would need a reduction of the landscape buffer but it is not needed. 2. Upon the reconstruction and acceptance of Carroll Street by the city, the applicant shall dedicate the Right of Way to the city. This shall be dedicated and completed with the Certificate of Completion for the lift station. 3. The internal streets connecting to the Right of Way House shall be completed prior to any vertical construction. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING December 12, 2023 Council Member Myers asked for clarification on the applicants request to the masonry. Development Services Director Henschel explained that in the city's code, masonry is a requirement to have additional units in the CBD. The applicant is asking for relief from that to build with timber. Mr. Crawford, Crawford, Modica and Holt, was present on behalf of the applicant. Mr. Crawford stated that the team for the project was present to answer questions. He read the code regarding the Central Business District (CBD) and stated that the redevelopment they are proposing is the intention on the CBD. The applicant has worked with city staff on this project since 2021. Mr. Crawford presented a PowerPoint to review the branding, site plan, public improvements to the area and uses of each building. There is a correction to the community benefit agreement to reflect the correct amount of benefit dollars since land they were donating will no longer be donated. Carroll and Oak Streets will be completely reconstructed and the whole site will be open to the public. There will be nearly a half an acre dedicated to the city for a new lift station on the property. Mr. Crawford spoke about the impact fees that will be generated along with the additional taxes the city will receive. The project is modeled as a live/work concept so residents can do both in one space. City Manager Bulthuis clarified that phase one of the project will include all of the public improvements. Mayor Murry opened the public hearing Kevin McKenna, 562 W. Minneola — in favor of the project with a couple concerns. The density of the project is bigger than all of the houses in the area and traffic within the downtown area. Stephen Franklin, 378 12`t' Street — welcomes the project and the lakefront amenities, expressed concern regarding traffic and green space. Jenn Dorriety, Clermont Main Street — in support of the project. Dani Page, Tuscany Ridge — expressed concern regarding emergency services for the number of residents that come with the project. Charlene Forth, 939 W. Desoto Street — expressed concern over the size of the project. Darren Johnson, Lakeshore Drive — this type of development is needed in the downtown area and hopes the council approves it. Brian Hofer, 12840 Valley Ridge Rd. — this project is good for Clermont and the benefits are great. Mayor Murry closed the public hearing. Public Services Director Stoney Bronson came forward to address the drainage of storm water from the site. The Victory Point basin is split and has part of downtowns runoff. St. John's Water Authority set boundaries for storm water that will run into the Victory Point basin. The boundary goes through the property therefore some of the storm water will runoff to Victory Point and the other portion will runoff into the lake. Mr. Crawford stated that the applicant is providing funds in emergency services impact fees. He spoke about using hardy board version masonry on the buildings and that hardy board does have a 30 year manufacturer warranty. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING December 12, 2023 Mr. Gillespie, Kimley Horn, stated that there was a full traffic study conducted where they coordinated with the Metropolitan Planning Organization for Lake County and submitted for review. All of the immediate intersections are functioning within the level of service limits. The increased number of trips will not affect the level of service in the surrounding area. There is green space around the property, islands every 10 parking spaces throughout the site and building foundation landscaping. Mr. Metzler addressed building materials. The CBD code suggests the ground floor be constructed of high quality materials such as stone or masonry. To achieve the Key West style, they would prefer to not use stone or masonry on the fast level. The preference would be to use a durable siding to achieve their goal. Council Member Gonzalez asked for a timeframe that phase one would be complete. Development Services Director Henschel stated that the applicant has two years to start the project, if approved. Mr. Crawford said that if the project is approved, then the demolition is set to begin by late spring. It will take a year until the buildings are constructed and the start of phase two will be dependent on market conditions. Mr. Wallace came forward and explained the live/work model. He remarked the lumberyard will be movong whether this project is approved or not. Council Member Myers questioned if all the residential units will be rentals. Mr. Wallace said that buildings one through four on the site plan will be long term rentals. The amount of units in the commercial sector will most likely be a condo/fee simple situation. Council Member Myers expressed concern regarding the relief from the masonry for safety reasons. Mr. Gillespie explained that there are still building code requirements that they have to meet. They still have to meet the hurricane wind load and all standards regardless of the material used. City Manager Bulthuis spoke about the emergency services and clarified that Lake County handles all the ambulances. Clermont has paramedics and are staffed to assist residents in medical emergencies. Council Member Pines moved to an_ prove Ordinance No. 2023-026: Seconded bv_ Council Member Gonzalez. City Attorney Mantzaris clarified that the motion includes removing of section 3 number 10, acceptance of the dedicated ROW on Carroll Street with the certificate of completion of the lift station and the completion of all internal streets connecting to the Row House prior to any vertical construction Council Member Pines moved to aimrove Ordinance No. 2023-026 incomoratine the additional languaee: Seconded by Council Member Gonzalez. The motion n_ assed by roll call vote 3-1 with Council Member Mvers onnosing. Council Member Gonzalez moved to annrove Ordinance No. 2023-033: Seconded by Council Member Pines. The motion Dassed by roll call vote 3-1 with Council Member Mvers ODDosing. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING December 12, 2023 Item No. 28 - Ordinance No. 2023-034, Planning and Zoning Quorum Ratification AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CONFIRMING, CLARIFYING AND RATIFYING THE AMENDMENT TO THE CITY CODE ADOPTED BY ORDINANCE 2010-01- C AND FURTHER AMENDING RECENTLY RENUMBERED ARTICLE 11, BOARDS, COMMISSIONS AND COMMITTEES, DMSION 2, PLANNING AND ZONING COMMISSION, SECTION 101-67, "QUORUM" TO CONFIRM AND READOPT THE QUORUM AS FOUR MEMBERS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. City Manager Bulthuis stated that the previous ordinance was intended that the quorum was to be from five to four members for Planning and Zoning. After the November Planning and Zoning meeting, if was discovered that the ordinance did not specifically address the reduction of the quorum. This ordinance is to clarify the quorum for the Planning and Zoning Commission is four members. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Gonzalez moved to annrove Ordinance No. 2023-034: Seconded by Council Member Pines. The motion passed by roll call vote 4-0. NEW BUSINESS Item No. 29 — Variance Request, Wendy's at John's Lake Landing Development Services Planner Kruse presented the item. The applicant is requesting the following two (2) variances to the Land Development Codes: Section 117-15 Permitted Signs - Number of ground signs for Single Occupancy commercial site and Section 117-16 Offsite Signs - Allow two offsite signs. The property is a vacant parcel located on the south side of State Road 50 and West of Magnolia Pointe Boulevard. The applicant is proposing the development of a Wendy's restaurant located in the Johns Lake Landing Planned Unit Development (PUD). In April 2023, the property was annexed into the City. The property is part of a Master Planned Development that will be called "Westfall Station", which includes apartments, restaurants, retail and other businesses. The variance request is to allow for more than one ground sign on the Wendy's parcel. The total copy area of each sign would comply with the code. The proposed signage would allow for three ground signs on the Wendy's parcel. The proposed ground sign located off State Road 50 could meet the code requirements and therefore, no variance is required for the Wendy's sign. As for the Westfall Station sign and the Rooms to Go (RTG)/Wendy's sign, these would be considered off - site signage since Wendy's is the only user of the parcel. These two signs require a variance in order to be placed at this location. The size of these signs and setbacks will meet the City's requirements. It is the additional signage on this parcel that is triggering the variance requests. If the RTG/Wendy's sign was only for Wendy's, then this sign would be allowed since it fronts a secondary frontage. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING December 12, 2023 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 the application as submitted and finds the application does not meet a positive finding on all five review criteria. Therefore, staff recommends denial of the variance request to the code. Mr. Opsahl, Lowndes Law Firm, was present on behalf of the applicant. The businesses have been placed together on signs to create a more cohesive development and reduce the number of signs on the property. These signs are proposed as offsite signs according to city code. The main request for the variance is due to topographical changes which can make it harder to see the businesses so the business in the rear would be placed on a sign fronting the main road. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Discussion ensued on road signage of other businesses and the size of the signs. Council Member Pines stated that she is not in favor of this variance request. Council Member Pines moved to denv the Variance Reauest. Mr. Opsahl asked if the applicant can work with staff and return to Council. Council Member Pines moved to table the Variance Reauest to January 23.2024: Seconded by Council Member Mvers. Passed unanimouslv 4-0 with all members present voicine ave. Item No. 30 — Variance Request, Bojangles at Plaza Collina Development Services Director Henschel presented the item. The applicant is requesting a sign setback variance to the Land Development Code (LDC), Section 117-15. This is for a Bojangles restaurant that was recently constructed at 4721 Collina Terrace located in the Plaza Collina Planned Unit Development (PUD). The property is located on the northeast corner of Highway 50 and Plaza Collins Boulevard. The request is for a variance to allow for a reduced front yard sign setback of 1.5 feet rather than the required 10 foot setback. The site has a unique situation where there is a retaining wall that is located 10 feet away from the right-of-way, plus the Plaza Collina PUD was developed with a curve and linear sidewalk within the right-of-way that would typically be part of the applicant's buffer/setback area. This issue, combined with the infrastructure and landscape buffers already complete, allows limited space for the site, therefore creating a hardship to comply with the code requirements. The proposed sign setback variance is required because of existing site constraints not caused by the applicant. The restaurant will be sharing tenant space with a mattress store that will share the allowed sign copy area. 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 the application as submitted and finds the application does meet a positive finding on all five review criteria. Therefore, staff recommends approval of the variance request to the Land Development Regulations Mr. Robinson, applicant, was present and available for questions. Mayor Murry opened the public hearing. There were no comments. Mayor closed the public hearing. Council Member Pines expressed her opinion that the applicant has no other option than what was presented. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING December 12, 2023 Council Member Pines moved to annrove the Variance Reauest: Seconded by Council Member Mvers. Passed unanimouslv 4-0 with all members present voicine ave. Item No. 31 — Resolution No. 2023-047R, The Learning Experience at Hammock Ridge A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A CHILDCARE FACILITY IN A PLANNED UNIT DEVELOPMENT ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the resolution title aloud. Development Services Planning Manager Kruse presented the request. The applicant is requesting a Conditional Use Permit to allow for a childcare center facility in a Planned Unit Development. The vacant parcel is located west of US Highway 27 and Bella Lago Drive. The property is part of the Tuscany Village PUD known as The Shoppes of Hammock Ridge. The PUD allows C-1 Light Commercial permitted uses and the Future Land Use designation is Commercial. The Land Development Code requires a Conditional Use Permit for any childcare center in the C-1 zoning district. The applicant is proposing a 12,000 square foot childcare center with an outdoor playground area. The childcare center will allow up to a maximum of 232 children. The parents will be required to park their vehicles and sign their children into the center. The project is not proposing any pick-up and drop-off areas. The hours of operation will be 6:00 am to 6:30 pm, Monday through Friday. In 2019, a Traffic Impact Study was completed and required the installation of certain traffic improvements for the overall project which have been completed. The City's traffic consultant determined the proposed childcare center trip generation does not exceed the maximum trips and no further study is required. The childcare center will be required to completely screen the playground area from public view and streets. The proposed use will not be detrimental to the health, safety and welfare of the surrounding community. When evaluating a request for a Conditional Use Permit, the general criteria for granting a permit requires specific development standards that are required to be met. Staff has reviewed the application as submitted and finds the proposed use can meet the general criteria for granting a Conditional Use Permit. Staff recommends approval of the Conditional Use Permit with the provisions contained in Resolution No. 2023- 047R. The Planning and Zoning Commission recommended approval 6-0. The applicant, Mr. Ottenberg was present. He elaborated on the parking and parent pick up and drop off procedures. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Gonzalez questioned the number of daycares in the vicinity. Development Services Planner Kruse stated that he is not aware of any in the general area. Mayor Murry inquired on the children being outside with all of the other businesses in the immediate area. Mr. Ottenberg stated that the playground will be fully fenced as the security of the children are a priority. Council Member Gonzalez moved to annrove Resolution No. 2023-047R: Seconded by Council Member Mvers. Passed unanimously 4-0 with all members present voicine ave. 13 City of Clermont MINUTES REGULAR COUNCIL MEETING December 12, 2023 Item No. 32 — Resolution No. 2023-051 R, Fee Schedule Amendment A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE FEE SCHEDULE FOR PARKS AND RECREATION AND UTILITY BILLING; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the resolution title aloud. City Manager Bulthuis stated that the Parks and Recreation department are amending field use rental rates in order to keep fees competitive. Parks and Recreation Director Forman explained the fees that have been adjusted. City Manager Bulthuis said the sanitation and recycling rates are being adjusted to continue operating the sanitation fund. City Manager Bulthuis addressed some of the fees that have been added such as a commercial monthly charge and charging a bulk collection rate for bulk items over three yards. He also addressed the adjustment of current fees regarding monthly charges and additional containers. Mayor Murry opened the public hearing. Otis Taylor, 3686 Caladesi - expressed concern on the charges for bulk items. Public Services Assistant Director Maiworm stated that the adjustment to the bulk item fee is to target large quantities of items, not regular household items. Mayor Murry closed the public hearing. Mayor Murry asked for clarification on what items would still be part of the regular sanitation fee versus being charged the bulk collection rate. City Manager Bulthuis explained that anything under 3 yards would not be charged the additional fee. Public Services Assistant Director Maiworm further explained how big three yards is and showed examples of household items that would still be under the 3 yards. Council Member Gonzalez moved to aDDrove Resolution No. 2023-051 R: Seconded by Council Member Mvers. Passed unanimouslv 4-0 with all members Dresent voicine ave. City Manager Bulthuis announced that December 11 at 5pm at Target, the Police Department are doing their Heroes and Helpers shopping with kids. If available, stop by to see what they are doing. 14 City of Clermont MINUTES REGULAR COUNCIL MEETING December 12, 2023 ADJOURN: With no further comments, this meeting adjourned at 10:19 pm. ATTEST: Tracy Ackroyd H e, MC City Clerk 15 APPROVED: Tim Murry, Ma r y