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01.23.2024 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING January 23, 2024 CALL TO ORDER The City Council met in a regular meeting on Tuesday, January 23, 2024 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. INVOCATION AND PLEDGE OF ALLEGIANCE Father Mark Wajada of Blessed Sacrament Catholic Church gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS The Fire Department received an award from Orlando Health. Fire Chief Ezell recognized Lt. Bruce Wisniewski, Engineer Jeff Brimmer and Firefighter Emiliano Appratto for receiving the Phoenix Award. Lake County Commissioner Parks thanked Mayor Murry for the invitation to speak at the MLK event. The Lake County Board of County Commissioners approved the list of priority projects for transportation, roads and sidewalks, the list can change throughout the year. Provided an overview of road projects within the County and the funding sources. Commissioner Parks spoke about a road project coming to Hooks Street. They are proposing a third lane on Hooks coming up to Frontage and U.S. 27 to help alleviate some of the traffic turning left on to U.S. 27. Lake County is partnering with Trust Republic Land who is conducting research and feasibility for the land acquisition referendum that will be on November 2024 ballot. Mayor Murry asked about the status and start date of the Hartwood Marsh Road renovation. Commissioner Parks stated that is currently the highest priority project. There are plans to resurface Citrus Tower Blvd, the cost to resurface is $2,000,000.00. Council Member Gonzalez asked about expanding Ray Goodgame Road. Commissioner Parks stated that the County has two properties they need to purchase in order to add the segment to the road. They are currently in discussion with the property owners. There was discussion regarding the donation of bunker gear to Lake County so Commissioner Parks can donate to Ukraine. Mayor Murry asked if the public has any questions for Commissioner Parks. Vincent Niemiec, Regency Hills — Asked when there will be an arrow at the traffic signal to Hartwood Marsh. Commissioner Parks stated that he will find out the status of it. PUBLIC COMMENTS Banks Helfrich, 9100 Sams Lake Road — spoke on the meaning of purpose. Charlene Forth, 939 W. Desoto Street - spoke on the incident from Light Up Clermont. City of Clermont MINUTES REGULAR COUNCIL MEETING January 23, 2024 AGENDA CHANGES City Manager Bulthuis informed the Council of the following agenda changes: Item No. 9 - Variance Request, Wendy's at John's Lake Landing City Manager Bulthuis informed the Council this is a request to table the item to February 13, 2024. Council Member Pines moved to table item 9. Variance Request, Wendy's at John's Lake Landing to February 13. 2024, Seconded by Council Member Myers. Passed unanimously 4-0 with all members present voicing aye. Item No. 10 — Resolution No. 2023-026R, Hancock Commons Apartments CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR MULTI -FAMILY DWELLING UNITS WITHIN 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. City Manager Bulthuis informed the Council this is a request to table the item to July 23, 2024. Council Member Pines moved to table item 10, Resolution No. 2023-026R, Hancock Commons Apartments CUP to July 23. 2024. Seconded by Council Member Myers. Passed unanimously 4-0 with all members present voicing ave. REPORTS CITY MANAGER REPORT City Manager Bulthuis — • Mutts gone Nuts, 2pm on Sunday at the Arts and Recreation Center • Clermont Campout is February 3 and 4. • February 22 is the Comprehensive Plan update at 6:30pm at the Clermont City Center. • Workshop on February 20 regarding the 81 Street Pier and Meet Us in the Middle. CITY ATTORNEY REPORT City Attorney Mantzaris — No report. CITY COUNCIL REPORT Council Member Myers — • Thanked the Mayor and Men in Action for putting on the MLK Day event. • Attended the IEMO in Gainesville. Learned a lot on how local government functions. • Asked the public to reach out to state representatives regarding two items, Tax Assessment on homestead exemption and not for profits that operate HOA donate or use 15% to benefit the community. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING January 23, 2024 Council Member Pines — No report. Council Member Gonzalez — • Attended the MLK events and parade. • Guest speaker at Clermont Garden Club. • Attended the Phoenix Award ceremony at the Fire Department. • Attended the retirement of Assistant Chief Kathy Johnston. • Going to Tallahassee for Legislative Week. Mayor Murry — • Attended the retirement ceremony for Assistant Chief Kathy Johnston. • Mayor's luncheon in February will be at The View at Summit Greens. • Thanked everyone for participating in the MLK celebration. • Going to Tallahassee next week. Will be requesting additional funding. 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 — FRDAP Grant Acceptance 8'h Street Pier Item No. 3 — Resolution No. 2024-006R and Budget Amendment Item No. 4 — Bid Award Lake Felter Park Item No. 5 — Piggyback Contract Body Armor and Ballistic Resistant Products Consider approval of the January 9, 2024, Council Meeting Minutes. Consider acceptance of a Florida Recreation Development Assistance Program matching grant awarded by the Florida Department of Environmental Protection in the amount of $200,000. Consider the authorization to purchase land at 929 East Avenue in the amount of $325,000 plus one half of the applicable closing costs with a budget amendment to the cemetery fund not to exceed $400,000. Consider award to William Medley Construction, Inc. d/b/a Medley Sports Construction to provide basketball resurfacing services to Lake Felter Park for the budgeted amount of $69,950 Consider piggyback approval of the NASPO contract with Point Blank Enterprises, Inc. to provide body armor and ballistic resistant products. City of Clermont MINUTES REGULAR COUNCIL MEETING January 23, 2024 Item No. 6 — Pay & Class Scale Amendment and Employee Merit Pay Increase for Fiscal Year 2024 Consider approval of a revised Pay and Classification Schedule effective April 1, 2024, that adjusts the minimum and maximum pay of all pay grades by 2.5% and a merit pay increase of up to 5% for general employees (excluding police and fire union employees). A 5% merit pay increase was included in the Fiscal Year 2024 budget. Item No. 7 — Approval of Appointment of Finance Consider approval of City Manager's Director appointment of Mr. Scott Borror as Finance Director. Item No. 8 — Resolution No. 2024-007R Consider amending the rules of conduct Rules of Conduct resolution. Vincent Niemiec pulled Consent Item No. 3 for further discussion. Council Member Pines moved to approve Consent Agenda Items 1-2 and 4-8 as presented: Seconded by Council Member Gonzalez. Passed unanimously 4-0 with all members present voicing ave. Item No. 3 — Resolution No. 2024-006R and Budget Amendment Mr. Niemiec pulled Consent Item No. 3 in error. Council Member Pines moved to approve Consent Agenda Item 3 as presented: Seconded by Council Member Gonzalez. Passed unanimously 4-0 with all members present voicing UNFINISHED BUSINESS Item No. 9 — This item was addressed earlier in the meeting and tabled to the February 13, 2024 meeting. Item No. 10 - This item was addressed earlier in the meeting and tabled to the July 23, 2024 meeting. Item No. 11 —Variance Request, The Music Store Development Services Director Henschel presented this item which had been tabled from the November 28, 2023 meeting. The applicant currently has an open code enforcement case for the existing added signs. They are requesting the following variance to the Land Development Code, Section 117-8. - Signs: To allow for the number of off -site signs and placement of the signs to exceed the maximum permitted by the code. The property is located in the Citrus Tower Commercial Center, and the property zoning is C-2 General Commercial with a Commercial Future Land Use Designation. The land development regulations have specific requirements for the number, size, location, type of signs allowed for commercial development. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING January 23, 2024 There are four signs that the applicant is requesting to remain on site. The applicant has directional signage internally on a light pole, a fence and on a palm tree. After working with staff they have agreed to remove the "guitar" sign on the palm tree, and relocate one of the large signs on the southern property line to the middle of the site (this sign would be located on an internal building wall). Moving these signs is an improvement, but a variance is still required. For the remaining two signs (one located on the southern property line, and the other located on the parking lot light pole) the applicant is requesting to keep them as proposed. Staffs recommendation has not changed from the original request, and remains a recommendation of denial. The applicant, Ricardo Barclay, stated that his business is the only one in the back of the building. Without the signage, people would not know where the business is located. When driving into the plaza, it is difficult to location the business. He is asking for approval of the variance. Mayor Murry opened the public hearing. John Glitten, 141 S. US Hwy27 — in support of the variance. Kiera Carson, 314 Azores Place, Groveland — in support of the variance. Stephanie Dukes, 10845 Vineyard Ct. — in support of the variance. Mayor Murry closed the public hearing. Council Member Myers asked the applicant if they were willing to work with staff on a compromise or if they are wanting variance for the signs as they are. Mr. Barclay stated that they are willing to remove the sign from the tree but will need another sign in its place. Discussion ensued on which signs were acceptable and which signs would need to be removed or reduced in size in order to meet the sign code or Council to approve a variance. City Manager Bulthuis informed Council that they can vote to approve only the signs they agree on. The other signs would have to be removed per the current code enforcement case. Council Member Pines asked for the size of signs on the fence. Development Services Director Henschel stated that they are approximately 2ft tall by 6 to 8ft long. Code allows a 4ft square foot directional sign. Council Member Gonzalez moved to annrove the variance to allow the two fence signs to remain as they are: Seconded by Council Member Myers. Passed unanimously 4-0 with all members uresent voicing ave. The next three items were presented together and voted on separately. City Clerk Howe read the titles aloud of Ord. 2023-023, Ord. 2023-024 and Ord. 2023-025. Item No. 12 — Ordinance No. 2023-023, Lennar Swap 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. City of Clermont MINUTES REGULAR COUNCIL MEETING January 23, 2024 Item No. 13 — Ordinance No. 2023-024, Lennar Swap LSCPA 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; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Item No. 14 — Ordinance No. 2023-025, Lennar Swap PUD 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. Development Services Planner Kruse presented the item. The applicant, VHB, is requesting annexation into the City of Clermont consisting of a 247 +/- acre property, which is currently located just east of US Hwy 27 and %z mile north of Wellness Way Boulevard. The City limits are abutting to the south of the property next to the Wellness Ridge development. The project is located within the Wellness Way Area Plan and is also requesting a large scale comprehensive plan amendment and a rezoning. Newly installed utility infrastructure has been extended throughout this area along with a new regional lift station. These improvements have been completed and funded by the developer, Lennar. The property meets the requirements of annexation by adjacently to the City of Clermont boundaries, under Florida Statutes 171.043. The City has the capacity to serve the proposed project. Staff is able to support the request and recommends approval of Ordinance 2023-023. Next is the Large Scale Comprehensive Plan. The applicant has requested an amendment to the Future Land Use Map. The applicant is requesting the City to designate the property with a future land use category consistent with Land Uses within the Wellness Way Urban Service Area (WWUSA). The property has two existing Future Land Use designations in unincorporated Lake County. The western portion, approximately 56 acres, is Multi Use W District, and the eastern portion, approximately 191 acres, is Neighborhood District. The County's adopted Wellness Way Future Land Uses are identical to the City of Clermont's with the goal of having a consistent development plan within the WWUSA. Since the project is greater than 50 acres, a large scale comprehensive plan review was required. The amendment was transmitted for comment to State agencies for review in early August of 2023. The City received four responses from the reviewing agencies; three were "no comment" and one was "the Department found no provision that, if adopted, would result in adverse impacts." Since no substantial comments or objections were received, the City is proceeding forward with the adoption of this request. City of Clermont MINUTES REGULAR COUNCIL MEETING January 23, 2024 The application is consistent with the City's Comprehensive Plan. Staff supports the applicant's request for a change from Lake County Multi Use W District and Lake County Neighborhood District to the City of Clermont Multi Use W District and City of Clermont Neighborhood District and recommends approval of Ordinance 2023-024. For the rezoning application the applicant has requested a rezoning to a Planned Unit Development requesting up to 699 dwelling units and up to 229,000 square feet of non-residential uses, in which a portion will be a new elementary school site. The project was reviewed under the City's Wellness Way Comprehensive Plan along with the Wellness Way Design Guidelines. The residential portion of the project has a base density of 605 dwelling units. The applicant has the ability to enter into a community benefit agreement (CBA) for offsite improvements and to seek additional units. The applicant can receive up to a 20% increase in density over the original Wellness Way Area Plan designation. The applicant has agreed to contribute $15,000 per dwelling unit at 86 additional units for a total of $1,290,000 to be used for offsite improvements designated by the City of Clermont. In addition, the applicant is donating right-of-way for the Hancock Road improvements and will also receive an additional eight dwelling units. The total dwelling unit count will be limited to 699 dwelling units. The residential portion is planned to be a gated, active adult 55 plus community. The PUD Site Plan was also reviewed under the Wellness Way Guidelines and Standards. The 30% required open space shall be maintained within the project. The applicant is proposing 10 acres of green space and 59 acres of wellness space, which meets the requirement of 69 acres of open space. The open space shall either be owned or maintained by an HOA or other non -City entity. The non-residential portion of the project will consist of a 15 acre elementary school site and the remaining acreage in Commercial uses. Lake County School Board is under contract for the Elementary School Site and is in early discussions with the landowner for the western portion of the site to possibly be used as a portion of a future high school site. The establishment of public schools in this area is significant. In addition, as part of this development proposal, Lake County and the developer are working towards a developer's agreement to complete Hancock Road to the north, segment E and the remaining portion of segment F, that would complete the connection of Hancock Road from Hartwood Marsh to Wellness Way. The applicant is requesting two waivers to the Land Development Code. These consist of (1) private streets with gates and (2) cut/fill to exceed ten feet up to 17.2% (42.5 acres) of the site. The area of cut/fill will be in the residential portion of the site, east of Hancock Road. Staff has no objections to the waiver requests. Staff has reviewed the application and proposed project in regards to Section 125-486 Review Criteria for a Planned Unit Development. The proposed project is in conformance with the City's Comprehensive Plan. The project meets the requirements of the Wellness Way Guidelines and Standards in the City's Land Development Code. The project has the necessary percentages of Commercial, Residential, and Open Space incorporated into the project. The City's water and sewer service will be required in order to develop the property, and capacity is available to serve the project. The developer is offering a community benefit agreement for offsite improvements that will be used by the City for public facilities within the Wellness Way area. The project will have the mix of uses and residential types that are envisioned in the Wellness Way Area and is in conformance of the code. There is one revision to ordinance under Section 3, item 18 page 233 in your packet. It changes the future Right of Way reservation for Bradshaw Road from 80 feet to 60 feet in width. Staff is able to support the request and recommends approval of Ordinance No. 2023- 025 with this change. The Planning and Zoning Commission recommended approval 7-0. City of Clermont MINUTES REGULAR COUNCIL MEETING January 23, 2024 City Manager Bulthuis informed Council that Bradshaw Road is not an actual road but a prescriptive easement Lake County has that is 20 foot wide. The City is working with the developer to get 80 feet of Right of Way through there so in the future there can be a paved road. Erica Hughes, VHB, was present on behalf of the applicant. Ms. Hughes thanked City staff and stated that their team is available for questions. Marc McDonald, Vice President of Land for Lennar Homes, was present to represent Lennar Homes and is available for questions. Mayor Murry opened the public hearing. Vincent Niemiec, Regency Hills — asked if segment F will be a four lane road. City Manager Bulthuis stated that the agreement that Lennar has with Lake County is to build segment F as a two lane road. Mayor Murry closed the public hearing. Mr. McDonald clarified that Lennar has already constructed the two outside lanes of Wellness Way Blvd. from the Schofield/Hancock intersection to Five Mile Road. Pulte will be constructing the remaining portion. He reviewed the road segments Lennar will be constructing though Wellness Way. Council Member Pines spoke in support of the project and noted benefits to annexing the property. Council Member Gonzalez concurred. Council Member Gonzalez moved to avvrove Ordinance No. 2023-023. Lennar Swan Annexation, Seconded by Council Member Mvers. The motion passed by roll call vote 4- 0. Council Member Gonzalez moved to annrove Ordinance No. 2023-024. Lennar Swav LSCPA. Seconded by Council Member Mvers. The motion passed by roll call vote 4-0. Council Member Gonzalez moved to avvrove Ordinance No. 2023-025.Lennar Swau PUD Rezonine including the addition of the laneuaee in narae_ ran_ h 18: Seconded by Council Member Mvers. The motion vassed by roll call vote 4-0. The next four items were presented together and voted on separately. City Clerk Howe read the titles aloud of Ord. No. 2024-001, Ord. No. 2024-002, Ord. No. 2024-003 and Res. No. 2024-001 R. Item No. 15 — Ordinance No. 2024-001, Palm Plaza Development 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. D City of Clermont MINUTES REGULAR COUNCIL MEETING January 23, 2024 Item No. 16 — Ordinance No. 2024-002, Palm Plaza Development SSCPA 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 AN EFFECTIVE DATE. Item No. 17 - Ordinance No. 2024-003, Palm Plaza Development 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. Item No. 18 — Resolution No. 2024-001R, Palm Plaza Development 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 (HOTEL) OCCUPYING MORE THAN 20,000 SQUARE FEET OF FLOOR SPACE IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT AND TO ALLOW MORE THAN 10 PARKING SPACES BUT NO MORE THAN 12 SPACES WITHOUT A LANDSCAPE ISLAND; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Development Services Planner Kruse presented the item. The applicant, Clermont Hotels, LLC, is requesting annexation for a portion of the site, approximately one acre located northeast of SR 50 and Omar Street. The parcels, outlined in blue, are considered an enclave, according to Florida Statutes 171.031, which means the property is enclosed within and bounded on all sides by a single municipality, which is the City of Clermont. The property is a portion of a larger assembly of parcels that will be considered for a development proposal. The applicant's proposal meets the Florida Statues for annexation. The City is able to serve the proposed development and the annexation would be a logical expansion to the boundary and dissolve the enclave. Staff recommends approval of Ordinance No. 2024-001. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING January 23, 2024 The applicant is requesting a small scale comprehensive plan amendment (SSCPA) for approximately 4 acres for property located northwest and northeast of SR 50 and Omar Street. The property currently has a Future Land Use Designation of Lake County Regional Commercial and City of Clermont Residential/Office. The applicant is requesting an amendment to change to the City of Clermont Commercial Future Land Use Designation. The applicant is proposing a commercial development consisting of a hotel and restaurant. The property fronts on SR 50, which consists of commercial uses along this corridor. The property consists of a few older residential homes, a law office, and vacant property. These uses will be discontinued. Policy 1.9.3 within the Future Land Use Element of the City's Comprehensive Plan allows a hotel with a conditional use within the Commercial Future Land Use and shall be limited to a maximum intensity of 3.0 Floor Area Ratio (FAR). The proposed Commercial Future Land Use is compatible with the existing adjoining Commercial Future Land Use and similar to Lake County's Regional Commercial. Staff recommends approval of Ordinance No. 2024-002. The Planning and Zoning Commission recommended approval, 7-0. The applicant is requesting a rezoning of the property to C-2 General Commercial. The property is currently zoned Urban Estate Low Density Residential and R-3 Residential/Professional District. A portion of the north is already zoned C-2 General Commercial. The applicant is requesting the entire site to have the C-2 General Commercial zoning in order to develop the site with a 112 room hotel and sit-down restaurant. The current zoning of Urban Estate and R-3 Residential/Professional does not allow this type of use. Section 125-336 of the Land Development Code lists restaurants and hotels as a permitted use in the C-2 General Commercial zoning. The applicant will be required to follow all the requirements of the C-2 General Commercial zoning district such as setbacks, height, and impervious surface coverage. Due to the hotel's building square footage of over 20,000 square feet, a conditional use permit will be required. Majority of the zoning along the SR 50 corridor is C-2 General Commercial, which is expected along an arterial highway. The C-2 General Commercial zoning and the Commercial future land use are compatible. Staff recommends approval of Ordinance 2024-003. The Planning and Zoning Commission recommended approval, 7-0. The applicant is requesting a Conditional Use Permit (CUP) to allow a hotel, TownePlace Suites by Marriott, to occupy more than 20,000 square feet of total floor space. The applicant is proposing up to a 70,000 square foot, four-story hotel with associated parking within the 4 acre site. The hotel will include 112 rooms and outdoor amenities. The applicant has requested one variance to the Land Development Code as part of this project. They are requesting to allow up to 12 parking spaces and then a landscape island instead of the required 10 spaces and a landscape island. This is being requested in order to ensure enough parking is available for the hotel and restaurant use. The proposed hotel is consistent with the surrounding area as a whole. The property is in close proximity of the South Lake Hospital, National Training Center and Lake -Sumter State College Campus. There are four hotels within a mile radius of the site; which include Fairfield Inn, Holiday Inn, Home2Suites and Hampton Inn. The square footage and height of the proposed hotel would be very similar to the existing Hampton Inn Suites and Home2Suites. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING January 23, 2024 Staff has reviewed the CUP application in accordance to Sec. 101-212 of the Land Development Code. The proposed intensity, character and type of development is in compliance with the City's comprehensive plan for Commercial future land use. The location of the hotel along the SR 50 corridor is acceptable based upon several other hotels along SR 50 within the C-2 General Commercial zoning district. One additional requirement has been added for a six foot high wall to be installed along the northern property boundary between the project and the adjoining residential zoning. This will assist in buffering the land uses. A traffic impact study has been performed for the project and it has been determined that the project would generate less than 100 peak hour trips, which would be considered "de minimis". The project will be required to provide a cross -access connection to the east that will allow traffic to enter and exit at Oakley Seaver and SR 50 signalized intersection. The Planning and Zoning Commission recommended approval, 7-0 with the addition of one condition that addresses no amplified sound devices to be used in the Outdoor Tiki Bar Area and Pool Deck Area. Staff recommends approval of Resolution No. 2024-001 R with the addition of the wall condition along the northern property boundary under Section 2, item 12, page 324 in the packet. Rick McCoy, McCoy and Associates was present on behalf of the applicant. He spoke about tying into frontage road so that traffic can exit on to Oakley Seaver. Mr. McCoy spoke about the topography of the land and the residential neighborhood adjacent to the property being 10 foot below this property along with the 15 foot buffer. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Gonzalez and Council Member Myers are in favor of the project. Development Services Planner Kruse clarified that staff added the section regarding the masonry wall prior to looking at the cross section that was brought forward tonight. The drawings are showing a 6 foot wall and 4 foot wall, the question is if there needs to be an additional wall. Mr. McCoy stated there will not be a need for an additional wall. With the topography the way it is there will be no need for an additional retaining wall beyond what they already plan on having. Development Services Director Henschel stated staff could remove #12 and say this area shall be built per .the conceptual design by this diagram prepared by Rick McCoy dated January 2024. Council Member Pines moved to annrove Ordinance No. 2024-001. Palm Plaza Development Annexation: Seconded by Council Member Mvers. The motion passed bv_ roll call vote 4-0. Council Member Pines moved to approve Ordinance No. 2024-002. Palm Plaza Development SSCPA: Seconded by Council Member Mvers. The motion passed by roll call vote 4-0. Council Member Pines moved to annrove Ordinance No. 2024-003. Palm Plaza Development Rezonine_ : Seconded by Council Member Mvers. The motion passed by roll call vote 4-0. Council Member Pines moved to approve Resolution No. 2024-001 R. Palm Plaza Development CUP with the proposed chances regardine the conceptual design: Seconded by Council Member Mvers. Passed unanimouslv 4-0 with all members present voicine ave. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING January 23, 2024 Item No. 19 - Ordinance No. 2024-005, Street Vacation Request AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING THAT PORTION OF THE NORTH 1/2 OF BROOME STREET LYING EAST OF THE EAST RIGHT OF WAY LINE OF EAST AVENUE AND WEST OF THE WEST RIGHT OF WAY LINE OF VACATED DREW AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 625, PAGE 657, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED BELOW; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance title aloud. Development Services Director Henschel presented this staff initiated item. Staff would like Council to consider a right-of-way vacation for a portion of West Broome Street adjacent to Oak Hill Cemetery. This will be for the north half (30 feet) of the existing unimproved portion of West Broome Street. This right- of-way vacation will allow for the future expansion of the Oak Hill City Cemetery. Mayor Murry opened the public hearing. There were no comments. Mayor closed the public hearing. Council Member Gonzalez moved to aDvrove Ordinance No. 2024-005. Street Vacation Reauest; Seconded by Council Member Mvers. The motion Dassed by roll call vote 4-0. NEW BUSINESS Item No. 20 — Board Appointments City Manager Bulthuis stated that there is currently one vacancy on the Panning & Zoning Commission. There were a number of applicants who have applied previously and are present. Mayor Murry invited the applicants to the podium and gave them an opportunity to introduce themselves to the council and state their reasons for wanting to be on the board. Jenny May, 4062 Greystone Drive - Provided a brief review of her background. Bryan Bain, 245 Nautica Mile Drive. - Provided a brief review of his background and that he currently serves on the Code Enforcement Board. Megan Robinson, 1605 Lake Ave. - Provided a brief review of her background and stated that she is looking for a way to serve the community. Council Member Pines asked if any of them had previously served on a board for the City. Mr. Bain currently serves on the Code Enforcement Board and he and Ms. Robinson have attended the Citizens Academy. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING January 23, 2024 Council Member Myers nominated Bryan Bain to serve on the Planning_ & Zoning Commission: Seconded by Council Member Pines. Council Member Gonzalez nominated Megan Robinson to serve on the Planning & Zoning Commission. The motion failed due to the lack of a second to the motion. The motion passed 3-1 with Council Member Gonzalez opposing. City Manager Bulthuis moved to the Outside Agency Boards. The Lake County Arts and Cultural Alliance has a vacancy for an alternate and staff is recommending reappointing Shirley Draper. Council Member Pines nominated Shirley Drawer to serve as alternate for the Lake County Arts and Cultural Alliance: Seconded by Council Member Myers. Passed unanimously 4- 0 with all members present voicing ave. The Lake County League of Cities has one Director and one alternate. Council Member Pines nominated Mayor Murry to serve as Director and Council Member Gonzalez to serve as the alternate for the Lake County League of Cities: Seconded by Council Member Myers. Passed unanimously 4-0 with all members present voicing ave. The Tourism Development Council, held previously by Mr. Purvis, has an opening. Council Member Gonzalez nominated Council Member Pines to serve for the Tourism Development Council: Seconded by Council Member Myers. Passed unanimously_ 4-0 with all members present voicing ave. Lake Apopka Natural Gas Board of Directors has a seat, staff recommends to reappoint Mayor Murry. Council Member Pines nominated Mayor Murry to serve for Lake Apopka Natural Gas Board of Directors: Seconded by Council Member Myers. Passed unanimously_ 4-0 with all members present voicing ave. Item No. 21— Ordinance No. 2024-016, Special Magistrate Introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, AMENDING ARTICLE V, "CODE ENFORCEMENT", DIVISION 1, "GENERALLY", SECTION 1-41 "INTENT OF ARTICLE" AND SECTION 1-42 "ALTERNATE CODE ENFORCEMENT SYSTEM AND DIVISION 2 "CODE ENFORCEMENT BOARD"; SECTION 2-187, "ALTERNATE CODE ENFORCEMENT SYSTEM" AND AMENDING DIVISION II, `CODE ENFORCEMENT BOARD", SECTION 1-75, "CREATED; JURISDICTION; POWERS AND DUTIES; ENFORCEMENT BY COURTS", SECTION 1-76, "COMPOSITION; APPOINTMENT" AND SECTION 1-77, "COUNSEL NAMED" PROVIDING FOR THE CREATION AND APPOINTMENT OF A CODE ENFORCEMENT SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. 13 City of Clermont MINUTES REGULAR COUNCIL MEETING January 23, 2024 City Clerk Howe read the ordinance title aloud. City Manager Bulthuis stated that staff recommended returning to a Special Magistrate instead of the Code Enforcement Board. Staff is looking for direction from Council on how they would like to proceed. Mayor Murry opened the public hearing. Vincent Niemiec, Regency Hills — Inquired about the cost of having a Special Magistrate. City Manager Bulthuis stated that there is currently an attorney that attends the Code Enforcement Board meetings so the cost would be negligible. Mr. Niemiec asked Council to give the board another shot. Mayor Murry closed the public hearing. Council Member Myers feels residents should be judged by their peers and believes the board should continue. Council Member Gonzalez stated that getting a quorum to have meetings has been difficult and is in favor of going to a Special Magistrate. City Manager Bulthuis stated that there are currently four vacancies on a seven member board. Of the three remaining terms, two are up for appointment in April. Council Member Pines supports the Special Magistrate. Mayor Murry is willing to give the Code Enforcement Board another chance and feels staff should ask for applications to serve. Council Member Pines asked about the turnaround time on getting volunteers. City Manager Bulthuis said the next Code Enforcement Board meeting is in March. Staff can advertise for Council to appoint members at the first meeting in March. Council asked Ms. May and Ms. Robinson if they would be interested in serving on the Code Enforcement Board. City Attorney Mantzaris explained the Code Enforcement Board responsibilities. Ms. May stated that she is interested. Ms. Robinson declined the offer. Council Member Myers moved to introduce Ordinance No. 2024-016. Special Magistrate: Seconded by Council Member Myers. The motion failed 2-2 with Mavor Murry and Council Member Myers opposing. City Manager Bulthuis stated that staff will advertise for the vacancies. If Council would like, they can motion to appoint a member to the Code Enforcement Board tonight. Council Member Myers nominated Jennv Mav to serve on the Code Enforcement Board to the term ending 4/18/2026: Seconded by Council Member Pines. Passed unanimously_ 4-0 with all members present voicing ave. 14 City of Clermont MINUTES REGULAR COUNCIL MEETING January 23, 2024 ADJOURN: With no further comments, this meeting adjourned at 9:46 pm. ATTEST: Tracy Ackroyd H e, City Clerk 15 APPROVED: Tim Murry, Mayor