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02.27.2024 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING February 27, 2024 CALL TO ORDER The City Council met in a regular meeting on Tuesday, February 27, 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 Fire Chaplain Rick Spence gave the invocation followed by the Pledge of Allegiance. PRESENTATION Lake County Commissioner Sean Parks presented information on Lake County's budget process. He reviewed the General Fund expenditures and the financial challenges they face. Commissioner Parks spoke about road resurfacing, there are funds to resurface 20 miles of road with more than 60 miles in need of resurfacing. Discussion ensued on different roads within the city and if they were on the list to get resurfaced or patched. Commissioner Parks noted Lake County has an app for citizens to notify the county of pot holes. There is a map that Commissioner Parks said he will update and provide to Council that shows the timeline of all the road work within south Lake County. Mayor Murry asked when Ray Goodgame Parkway will go through to John's Lake Road. The county is in the process of acquiring two properties to be able to continue the road. Mayor Murry asked if the public has any questions for Commissioner Parks. Banks Helfrick, 9100 Sams Lake Road — Groveland protected the clay road district, and requested Lake County protect it to keep it a district. Commissioner Parks stated that he is aware and fully supportive of protecting the clay road district. Ann Valentia, 16017 John's Lake Road — Goodgame Pkwy and John's Lake Road is a dirt road. It is on google maps and has people driving that way. Commissioner Parks said he will look into maintenance while they are in the process of acquiring the properties to build out the road. PUBLIC COMMENTS Adam Atherton, 13005 Summerlake Way — Clermont Sailing Regatta this weekend at Victory Point. Banks Helfrick, 9100 Sams Road — spoke regarding supporting farmers. Jarod Taylor, 1878 Knollcrest Drive — expressed concern regarding sidewalks and roads in Skyridge Valley. Elaine Wade, 1677 12t' Street — asked about the cost of reclaimed water. Sharon Keyes, 644 W. Osceola Street — spoke about Black History Month. Calvin Joseph, Lost Lake — expressed concern regarding handicapped accessibility. City Manager Bulthuis explained that the City does not control accessibility, which is done per the building code. The City cannot require a private business to do more than what code requires. City of Clermont MINUTES REGULAR COUNCIL MEETING February 27, 2024 Charlene Forth, 939 W. Desoto Street — expressed concern regarding incident at Light Up Clermont. Mayor Murry asked City Manager Bulthuis to address the concerns regarding Skyridge Valley and reclaimed water. City Manager Bulthuis stated that staff has visited Skyridge Valley and looked at the issues. There are issues within the subdivision, there is a disagreement on the severity of the issues and where they fall within the scope of issues that need to be addressed. There is a cost of having reclaimed water regardless of usage. The rates of usage are not out of line to the surrounding areas. AGENDA CHANGES City Manager Bulthuis informed the Council of the following agenda changes: No changes to the agenda. REPORTS CITY MANAGER REPORT City Manager Bulthuis — • The City is upgrading the Comprehensive Plan and is asking for public input. There is a flyer with a QR code to scan and take a survey. • Clermont Splash Park opens March 8. • Citizens Academy begins March 7. It is a 7-week program and there are still open spaces. CITY ATTORNEY REPORT City Attorney Mantzaris — No report. CITY COUNCIL REPORT Council Member Myers — • Origin of Black History Month. • Spent time with more Department Directors, Information Technology (IT) and the City Clerk's office. She expressed her appreciation to those departments. • Asked the public to contact her if there is still interest in a Citizens Budget Review Committee. Council Member Pines — • Attending the sailing regatta as the presenter of the awards. Council Member Gonzalez — • Judged the beauty pageant at the Eustis Georgefest. • Attended Lake 100 lunch in Tavares. • The VFW post held their first car show. • Attended the Honor the Fallen 5K. Mayor Murry — • Commented on longtime Clermont resident, Frank Klum, who will be turning 101 years old. • Reminded the public about the Comprehensive Plan survey. • Special Election Qualifying is next week with the election in May. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING February 27, 2024 • Attended the first Black History celebration in Mascotte. • Attended the Honor the Fallen 5K. • Mayor's luncheon Tuesday at Portillo's. City Clerk Howe confirmed the election qualifying dates begin on Monday, March 4 at 12-noon through Friday, March 8, at 12-noon for Seat 2. 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 — Bid Award Fire Truck Equipment Item No. 3 — Term Contract Award Employee Retirement Plan Item No. 4 — Piggyback Purchase Disaster Restoration Services Item No. 5 — Piggyback Contract Equipment Rental Services Item No. 6 — Resolution No. 2024-01 OR Budget Amendment Item No. 7 — Resolution No. 2024-011R Updated Statewide Mutual Aid Agreement Consider approval of the February 13, 2024, Council meeting minutes. Consider award to Advance Emergency Services Training Inc. dba. AEST Fire & Safety, North American Fire Equipment Co. Inc. and Ten-8 Fire & Safety, LLC to purchase Firefighter equipment for the total budgeted amount of $176,232.01. Consider term contract award to Empower Retirement, LLC to obtain defined contribution record -keeper services for employee 401(a) and 457(b) retirement plans. Consider approval to piggyback the OMNIA Partners term contract with Belfor USA Group, Inc. to provide disaster and non -disaster restoration of operational services. Consider piggyback approval of Sourcewell term contract number 062320-URI with United Rentals (North America), Inc. to provide equipment rental services. Consider approval of budget amendment for the first quarter of Fiscal Year ending September 30, 2024. Consider approval of the 2023 Statewide Mutual Aid Agreement to bring the City into compliance with the current policies and procedures for emergency responses City of Clermont MINUTES REGULAR COUNCIL MEETING February 27, 2024 Item No. 8 — Event, Open Container and Road Closure Request Suntoberfest Item No. 9 — Task Order Powell Studio Architecture Item No. 10 — Task Order HalffAssociates, Inc. Item No. 11— Resolution No. 2024-012R Grant Application Request Consider allowing Suncreek Brewery to host an event in downtown Clermont with road closure and open container allowance, October 5 - 6, 2024. Consider task order approval for the design and engineering for the Meet Us in the Middle Park & Docking Facility in the budgeted amount of $353,500. Consider task order approval for engineering services of the Meet Us in the Middle Park & Docking Facility in the budgeted amount of $369,000. Consider approval to apply to the Florida Boating Improvement Program for a grant in the amount of $100,000. Council Member Gonzalez made a correction to Item No. 1 — Meeting minutes, shows Council Member Pines was in attendance and it should show Council Member Myers. ' Vincent Niemiec pulled Consent Item No. 11 for further discussion. Council Member Pines moved to approve Consent Agenda Items 1-10 with the correction to the meeting minutes: Seconded by Council Member Mvers. Passed unanimously 4-0 with all members present voicing ave. Item No. 3 — Resolution No. 2024-0121L Grant Application Request Charlene Forth, 939 W. Desoto — asked for details of the grant request. City Manager Bulthuis explained the grant is for the 81 Street Docks project. Council Member Pines moved to approve Consent Agenda Item 11 as presented: Seconded by Council Member Gonzalez. Passed unanimouslv 4-0 with all members present voicing UNFINISHED BUSINESS Item No. 12 — Variance Request, Wendy s at John's Lake Landing Development Services Director Henschel presented the item. This item was tabled at the December 12, 2023 and January 23, 2024 City Council meeting to allow staff and the applicant to work through the variance requests. The applicant has submitted a revised justification statement with additional backup material supporting the variance requests. City staff have reviewed the additional information, and the previous review criteria under section 101-246 has been revised from three negative findings to one negative finding. Staff still recommends denial of the variance requests. Two additional attachments have been added to the agenda item; updated justification statement and updated review criteria. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING February 27, 2024 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 John's 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 commercial businesses. The variance request is to allow for more than one ground sign on the Wendy's parcel. The applicant is requesting, in addition to the Wendy's sign, a Westfall Station multi -tenant development sign and a Rooms to Go (RTG)/Wendy's sign. These 2 signs require a variance in order to be placed at this location. It is the additional signage on this parcel that is triggering the variance request. In addition, the Westfall Station sign is slightly wider than code allows (13'9" vs 10'), but the copy square footage of the signage will be within code and the height is shorter than allowed by code (8'4" vs 15'). The applicant has provided additional information in support of their variance requests. The original request is still being sought, with more supportive information provided by the applicant. Section 101-246 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 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. Council Member Gonzalez asked if there were any changes from the original request. Development Services Director Henschel stated that there are no physical changes from the first time they presented the request. Mayor Murry expressed his concern with skyline identifier being on the main Westfall sign, there looks to be space on the sign for additional identifiers. He is okay with the other requests. Mr. Opsahl stated that they would like to have an identifier which is the reason they are asking to put the skyline on the Westfall Station sign. There is another back parcel that may be developed in the future, there are provisions in the code that states if any other identifier goes on the Westfall Station sign, they will need to return to Council for approval. He expressed appreciate of Council support for the Westfall Station sign. Mayor Murry stated he is in support of the directional signs and the Westfall Station sign if the skyline identifier is removed. Council Member Pines moved to annrove the variance reauest with the Westfall Station sign with no other indicators for other businesses and the Wendv_ 's/Rooms to Go sign: Seconded by Council Member Gonzalez. Passed unanimously 4-0 with all members present voicing ave. The next three items were presented together and voted on separately. City Clerk Howe read the titles aloud of Ordinance No. 2023-029, Ordinance No. 2023-030 and Ordinance No. 2023-031. City of Clermont MINUTES REGULAR COUNCIL MEETING February 27, 2024 Item No. 13 — Ordinance No. 2023-029, Waterbrooke Phase 7 Annexation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION OF A CERTAIN PARCEL OF LAND CONTIGUOUS TO THE PRESENT CITY BOUNDARIES; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. Item No. 14 — Ordinance No. 2023-030, Waterbrooke Phase 7 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 H, FLORIDA STATUTES; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR THE ADOPTION OF THE SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. Item No. 15 — Ordinance No. 2023-031, Waterbrooke Phase 7 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 EFFECTIVE DATE. Development Services Planner Kruse presented the ordinances. These items were tabled at the November 28, 2023, January 9, 2024, and February 13, 2024, City Council meetings. The applicant, Mattamy Orlando LLC, is requesting annexation, Small Scale Comprehensive Plan Amendment (SSCPA) and a rezoning for approximately 24 acres adjacent to the Waterbrooke subdivision. The property boundaries are contiguous to the City boundaries, as required by Florida Statues for annexation. The City is able to serve the proposed development, and the annexation would be a logical expansion to the boundary. Staff recommends approval of Ordinance No. 2023-029. The applicant is requesting a future land use map change from Rural to Low Density Residential once it is annexed into the City of Clermont. Low Density Residential allows up to three dwelling units per acre. The applicant is proposing an additional phase, Phase 7, to the existing Waterbrooke subdivision. The Low Density Residential future land use is consistent with the existing future land use for the entire Waterbrooke subdivision. The property will be accessed from within the existing Waterbrooke development, and an amendment to the existing PUD is being sought. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING February 27, 2024 The development proposal for this parcel does not conflict with the Low Density Residential future land use within the City's Comprehensive Plan. Staff recommends approval of Ordinance No. 2023-030. The Planning and Zoning Commission recommended approval, 5-2. The applicant is requesting to add 24 acres to the existing residential subdivision through a Planned Unit Development (PUD) Amendment. The applicant is requesting a rezoning to allow 62 additional single family homes within this parcel. The internal lots will be a minimum of 60 feet in width and 75 feet on the perimeter. The Waterbrooke subdivision was annexed by the City in 2016. The project was approved by Lake County in 2006 for a residential development consisting of 894 age -restricted single family homes. The PUD has been amended several times prior to being annexed. With the additional acreage added to the Waterbrooke subdivision, the applicant is requesting an increase from 1,100 units to 1,165 units on a total of 592.7 acres, which equates to 1.97 units per acre overall. The only permitted site access will be from within the existing Phase 6, there will be no access from Island Boulevard or any other access point. All the conditions in the existing PUD ordinance have conveyed with the exception of a change in an increase of the total number of units, an updated location map to show the additional acreage within the overall project, an updated master site plan and increased side yard setbacks for Phase 7 (7.5 feet vs 5 feet). The applicant originally requested townhomes and higher density in this phase, but staff was unable to support the request since it was not consistent with the approved development in Phase 6. Staff has reviewed the applicant's request for a rezoning from Urban Estate (default zoning upon annexation) to be included in the Waterbrooke PUD. Staff has reviewed the project according to Section 125-486, Review Criteria for a PUD. The proposed parcel is adjacent to public utilities, and the access point is within the existing subdivision. The property is adjacent to the City limits, and the City is able to provide services in this area. The density is similar to what is existing within Phase 6 and larger lots are on the perimeter of this phase. Staff recommends approval of Ordinance No. 2023-031. The Planning and Zoning Commission recommended approval, 4-3 with the following condition: maintain the current landscape within the 25 foot enhanced buffer on the southern and western boundaries of Phase 7 where feasibly possible, engineering wise. The applicant, Alex Stringfellow, was present. Thanked staff for their continued work and communication regarding this project. Waterbrooke has 6 successful phases and they are looking to bring a 7th phase. He presented Council with pictures of the area showing the surrounding homes and subdivisions along with renderings of their vision for this phase. The lot sizes are compatible to phase 6 with some being larger. They are in agreement with staff's recommendation and asked Council to consider removing the condition recommended by the Planning and Zoning Commission of maintaining what is within the 25 foot buffer. From an engineering prospective, the analysis indicates the trees must be removed in that space once the project is engineered. There will be new trees planted once for the 25 foot buffer. Mayor Murry asked about lines on the drawing that was shown, is that a road or easement. Engineer John Townsend stated that is an easement for a drainage pipe to the lake. Mayor Murry opened the public hearing. Timothy Hobin, helping neighbors who are opposing the development — expressed concern regarding the project. He requested there are no bulldozing or bush hogging on the south and west side and 50 foot buffers with no brick walls. Jose Dominquez, 16615 John's Lake Road — opposes the project and asked if there will need to be a retaining wall built on the site that border the lake. City of Clermont MINUTES REGULAR COUNCIL MEETING February 27, 2024 Ann Valentia, 16017 John's Lake Road — opposes the project and spoke about endangered species and the vegetation in the area. Susie Westbrook, 16131 John's Lake Road, - opposes the project, this is not compatible to their properties. Paul Adams, 15051 John's Lake Road — opposes the project. He spoke about the City doing their due diligence when annexing properties. Furthermore, he provided the definition and requirements for annexing properties larger than 110 acres. Mayor Murry closed the public hearing. City Attorney Mantzaris clarified that this is a voluntary annexation which is a petition made by the applicant. The criteria for chapter 171, voluntary annexation is for the property to be contiguous, reasonably compacted and not create any enclaves. This property meets the criteria of voluntary annexation. Mr. Stringfellow stated that the compatibility of this project is to the other sites within the city limits. This is not the point of the process where trees are looked at. When they submit their site plan, they will have a plan for the trees in the area. Within the Waterbrooke PUD, there are 40 acres of conservation. Council Member Pines inquired about retaining walls on the lake side properties. Mr. Stringfellow stated that it is unknown at this time, which would be done at the engineering phase. Council Member Gonzalez stated that if the City does not annex the property, then the applicant can proceed through the County. City Attorney Mantzaris clarified that if Council does not annex the property, the County would control jurisdiction of how the property is developed. Council Member Gonzalez moved to arwrove Ordinance No. 2023-029, Waterbrooke Phase 7 Annexation; Seconded by Council Member Mvers. The motion Dassed by roll call vote 4-0. Council Member Gonzalez moved to avvrove Ordinance No. 2023-030. Waterbrooke Phase 7 SSCPA. Seconded by Council Member Mvers. The motion Dassed by roll call vote 4-0. Council Member Gonzalez moved to awrove Ordinance No. 2023-031. Waterbrooke Phase 7 Rezonine: Seconded by Council Member Mvers. The motion Dassed 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 Ordinance No. 2024-009, Ordinance No. 2024-010, Ordinance No. 2024-011 and Resolution No. 2024-004R. Item No. 16 — Ordinance No. 2024-009, Hooks Street Self -Storage Facility Annexation Final 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. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING February 27, 2024 Item No. 17 - Ordinance No. 2024-010, Hooks Street Self -Storage Facility SSCPA Final 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. 18— Ordinance No. 2024-011, Hooks Street Self -Storage Facility Rezoning Final 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. 19 — Resolution No. 2024-004R, Hooks Street Se f Storage Facility CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A SELF -STORAGE FACILITY OCCUPYING MORE THAN 20,000 SQUARE FEET OF FLOOR SPACE IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Development Services Director Henschel presented the items. The applicant is requesting annexation, small scale comprehensive plan amendment, rezoning and Conditional Use Permit for a 2.29 acre parcel located east of US Highway 27 and north of Hooks Street. The property boundaries are contiguous to the City boundaries, as required by Florida Statues for annexation. The City is able to serve the proposed development, and the annexation would be a logical expansion to the boundary. Staff recommends approval of Ordinance No. 2024-009. The small scale comprehensive plan amendment would change the Future Land Use designation from Lake County's Regional Commercial to City Commercial. The proposed development is consistent with the comprehensive plan goals, objective and policies and the intent of the Commercial Land Use Category. The Future Land Use Policy 1.9.5 indicates, Residential Self -Storage Facilities shall be allowed as a Conditional Use Permit and shall be limited to 1.00 Floor Area Ratio. This shall not include the storage of manufactured or commercial products. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING February 27, 2024 Staff recommends approval of Ordinance No. 2024-010 to change the future land use designation from Lake County Regional Commercial to City Commercial. Planning and Zoning Commission recommended approval, 7-0. The proposed rezoning request would change the current zoning from Lake County R-6 Urban Residential District to City C-2 General Commercial zoning. The C-2 Commercial zoning category is compatible with the uses and improvements of the surrounding area, and is consistent with the City's Comprehensive Plan goals, objectives and policies. The project will be compatible with the surrounding development pattern and not out of character with the adjacent properties. The project will be required to meet all the land development regulations, and any buildings must be designed to comply with the Clermont Architectural Design Standards. Staff recommends approval of Ordinance No. 2024-011 to change the zoning from Lake County R-6 Urban Residential District to City C-2 General Commercial zoning. Planning and Zoning Commission recommended approval, 7-0. The applicant is also requesting a conditional use permit (CUP) to allow for a self -storage facility with more than 20,000 square feet of floor space. The Land Development Code, Section 125-337 requires a conditional use permit for any building that occupies more than 20,000 square feet and to allow for residential storage facilities in the C-2 General Commercial zoning district. The proposed development will provide an enclosed three-story building that will be up to 74,400 square feet with 453 units. The building will be designed to comply with the Clermont Architectural Design Standards. The proposed self -storage facility will be gated and secured. Any fencing along or adjacent to roadways shall be ornamental metal or decorative vinyl/pvc. No outside storage will be allowed. Staff has reviewed the CUP application and believes that the proposed use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity and the proposed use will comply with the regulations and conditions specified. Therefore, staff recommends approval of the Conditional Use Permit request. Planning and Zoning Commission recommended approval, 7-0. The applicant, Michael Rankin of LPG Urban & Regional Planners was present. The project meets the architectural standards for the City of Clermont. Fencing around will be ornamental or decorative fencing and there will be no outside storage. The applicant asked Council for approval to move forward. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Pines moved to approve Ordinance No. 2024-009. Hooks Street Self - Storage Annexation: Seconded by Council Member Mvers. The motion passed bv_ roll call vote 4-0. Council Member Pines moved to approve Ordinance No. 2024-010. Hooks Street Self - Storage SSCPA: Seconded by Council Member Mvers. The motion passed by roll call vote 4-0. Council Member Pines moved to approve Ordinance No. 2024-011. Hooks Street Self - Storage Rezoning_ : Seconded by Council Member Mvers. The motion passed by roll call vote 4-0. Council Member Pines moved to approve Resolution No. 2024-004R. Hooks Street Self - Storage CUP: Seconded by Council Member Mvers. Passed unanimously 4-0 with all members present voicing ave. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING February 27, 2024 Item No. 20 — Ordinance No. 2024-012, LDC Change — Section 125-527 Final AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, REPEALING SECTION 125-527 WORKFORCE HOUSING DENSITY BONUS AND REPLACING WITH 125-527 LIVE LOCAL ACT; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Development Services Planner Kruse presented the ordinance. On August 22, 2023, the City Council passed a resolution that provided a six month window for City staff to prepare and process an ordinance to create city code and/or land development regulations to address Chapter 2023-17, Laws of Florida, known as the Live Local Act (LLA). The LLA will preempt some provisions of the City's local comprehensive plan, zoning and land development regulations for certain mixed -use projects and multifamily projects having at least 40 percent of residential units within a project having affordable housing units for at least a 30-year period. Senate Bill 102 was signed by the Governor and went into effect July 1, 2023. In order to provide a process to review LLA projects, staff researched many different jurisdictions to see how they dealt with the State's preemption on this matter. Staff drafted procedures, and they are being proposed as a revision to Section 125-527 in the Land Development Code. This language is replacing language that provided projects an opportunity to develop workforce housing in a very similar way. Since this new law affects all of the State of Florida and preempts existing land development codes that deal with affordable housing, staff is proposing to repeal the existing language and replacing with the proposed language. The LLA takes the public hearing process of decision -making out of the local government's hand. Staff has explored many different options; and in an effort to inform the residents and community, staff is recommending a neighborhood workshop as a requirement in the LLA process. An applicant will be responsible for conducting a workshop and informing the neighbors and provide an avenue for any other interested parties to discuss the project. An application form will be part of the process along with a sworn affidavit that the project meets all the requirements of the LLA. Another part of the LLA is to develop a written process to expedite the building permit/development review process for affordable housing projects. Staff recommends approval of Ordinance No. 2024-012. The Planning and Zoning Commission recommended approval, 7-0. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Gonzalez moved to approve Ordinance No. 2024-012 LDC Chance — Section 125-527; Seconded by Council Member Pines. The motion passed by roll call vote 4-0. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING February 27, 2024 Item No. 21 — Ordinance No. 2024-015, PKY Clermont MFAnnex Final AN ORDINANCE OF THE CITY COUNCIL 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 SCRIVINERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Development Services Planner Kruse presented the item. This is a City initiated annexation of the subject property through the use of an Annexation Agreement executed by the property owner, PKY Clermont MF, LLC. Under Florida Statutes Section 171.062(2), property that is annexed and subject to a county land use plan and county zoning may continue with the regulations until the municipality adopts a comprehensive plan amendment. The benefit of annexing the property at this stage is that the City has the jurisdiction over permitting and collection of impact fees that is absent when a property is fully developed in Lake County and then annexed into the City at a later date. Since this parcel is a portion of the overall development of the John's Lake Landing PUD, a major portion of it has already developed or is currently under development. The entire project is served by City water and sewer and once the entire development is complete, then the City will assign it a future land use of Master Planned Development with PUD zoning. The subject property meets the requirements for annexation under Florida Statutes Chapter 171.044, the City is capable of serving the property and staff recommends approval of Ordinance No. 2024-015. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Mvers moved to annrove Ordinance No. 2024-015. PKY Clermont MF Annexation. Seconded by Council Member Pines. The motion passed by roll call vote 4-0. Item No. 22 — Ordinance No. 2024-016, Special Magistrate Intro 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 142 "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. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING February 27, 2024 City Clerk Howe read the title aloud. City Manager Bulthuis informed Council that staff has not received a lot of interest from residents to serve on the Code Enforcement Board. There have been four applicants for the vacancies on the board, along with an email from a resident who had previously applied. Staff brought back the first reading of Special Magistrate, at the next meeting we will provide Council with all of the applicants along with the second reading of this ordinance. At that point Council can discuss and decide in what direction they would like to move forward. Mayor Murry stated that he has no problem with introduction and Council can discuss further at the next meeting. Council Member Pines moved to introduce Ordinance No. 2024-016. Special Magistrate: seconded by Council Member Gonzalez. Passed unanimouslv 4-0 with all members present voicine ave. 13 City of Clermont MINUTES REGULAR COUNCIL MEETING February 27, 2024 to further comments, this meeting adjourned at 9:19 pm. ATTEST: Tracy Ackroyd 24, MMC City Clerk 14 APPROVED: �Iti'v Tim Murry, M or