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08.27.2024 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING August 27, 2024 CALL TO ORDER The City Council met in a regular meeting on Tuesday, August 27, 2024 at 6:30pm 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, Howard, Myers and Pines. Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and Deputy City Clerk Wisniewski. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Kendal Anderson from The Crossing Church gave the invocation, followed by the Pledge of Allegiance. PRESENTATIONS Lake County Commissioner Sean Parks informed Council that the Board of County Commissioners passed the one -cent infrastructure sales tax plan. The County communications team created a tool to communicate with Commissioners; there is a District 2 update on the Lake County website. Lake County has allocated $100,000.00 to collaborate with the City of Clermont for pickle ball courts. They have also collaborated with Kiwanis to install inclusive playground equipment at Lake Felter Park. Lake County Engineer, Fred Schneider presented a PowerPoint on upcoming road projects in the south Lake County area. The County has a five-year road construction program that updates annually. Discussion ensued regarding road projects in Clermont as well as the traffic lights on State Road 50. Commissioner Sean Parks spoke about the Municipal Service Taxing Unit (MSTU) in Wellness Way and explained that the residents in that area will pay additional taxes that will go towards the updates in that area. Finance Director Borror provided the third quarter budget report. He showed the budget in OpenGov with plans to roll out to the public in early 2025. He reviewed the top 10 revenues; major fund revenues and expenditures; and general fund expense summary activity from October 2023 through June 2024. City Manager Bulthuis explained that the system would allow a user to get into the detail of each line item. PUBLIC COMMENTS City Manager Bulthuis announced the removal of The First Baptist Church agenda items from the agenda. The items will come before Council later and be re -advertised. AGENDA CHANGES City Manager Bulthuis informed the Council of the following agenda changes: City of Clermont MINUTES REGULAR COUNCIL MEETING August 27, 2024 Item No. 9 — Resolution No. 2024-021R, US Highway 27 Self -Storage & Car Wash CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A RESIDENTIAL STORAGE WAREHOUSE GREATER THAN 20,000 SQUARE FEET OF FLOOR SPACE AND A CAR WASH IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. City Manager Bulthuis informed the Council this is a request to table the item to October 22, 2024. Council Member Pines moved to table item 9. Resolution No. 2024-021 R. US Hiahwav 27 Self -Storage & Car Wash CUP to October 22, 2024: seconded by Council Member Mvers. Passed unanimouslv 5-0 with all members present voicine ave. REPORTS CITY MANAGER REPORT City Manager Bulthuis — • City Hall will be closed for Labor Day. CITY ATTORNEY REPORT City Attorney Mantzaris — No report. CITY COUNCIL REPORT Council Member Howard — • Requested to schedule a workshop to discuss development codes and permitted uses within particular zoning. City Manager Bulthuis stated there is nothing planned, if Council Member Howard would provide staff with information there could be a joint workshop with Council and Planning and Zoning Commission scheduled. Council Member Howard stated that he would like to look at the proposals for properties on Hooks Street and other areas. There are multiple car washes and storage units coming in to the area. Council Member Myers — • Participated on the auditor committee. • Attended the Campus Master Planning meeting for Lake Sumter State College. • Attended the Florida League of Cities conference. Council Member Pines — • Attended the elected official's forum last week. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING August 27, 2024 Council Member Gonzalez — Attended the Florida League of Cities conference. Attended the elected official's forum last week. Mayor Murry — • Attended the Florida League of Cities conference. • Attended the elected official's forum last week. • Attended the ribbon cutting of a new mural in the Art District in downtown. • Mayors lunch on Tuesday, September 3 at Cracker Barrel. • Spoke about House Bill 1365 and asked City Attorney Mantzaris to explain the bill. City Attorney Mantzaris stated that House Bill 1365 has two parts. The first part will go into effect October 1 and states that counties and cities cannot allow public property be used for public overnight camping. The second part takes effect January 1, 2025 and provides property owners a cause of action against the City or County if they fail to prohibit public camping on public property and it has a negative impact on their private property. City Attorney Mantzaris and City Manager Bulthuis have met with the County Manager and County Attorney and proposed the County and all Cities within Lake County have a uniform enforcement policy that will meet the requirements that they now have to keep this activity from happening that will not have too great effect on the homeless population within the County. 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— Council Meeting Minutes Item No. 2 — Surplus Approval Item No. 3 — Rescind Award and Buy Direct Fire Dept. Vehicle Replacement Approval Item No. 4 — Bid Award Pickleball Courts Consider approval of the meeting minutes of August 13, 2024. Consider declaring end -of -life inventory as surplus from various Departments and provide disposal per the Procurement Policy. Consider rescinding the award from Mullinax Ford and purchasing fire department replacement vehicles directly from Dana Safety Supply, Inc. in the budgeted amount of $131,908. Consider awarding bid to William Medley Construction, Inc. d/b/a Medley Sports Construction to build six (6) pickleball fields at the ARC in the budgeted amount of $116,250. City of Clermont MINUTES REGULAR COUNCIL MEETING August 27, 2024 Item No. 5 — Utility Agreement Consider providing water and sewer services for a multi -family project located within Lake County, northwest of the SR 50 and CR 455 Intersection. Item No. 6 — Plat Approval Consider replat approval of Lot 10 within the Plaza Collina development into three smaller commercial lots. City Attorney Mantzaris informed Council that there was a clarification for Item No. 5, Utility Agreement for Hartle Apartments. There has been additional language added to page three of the agreement, which the applicant has agreed to. The additional language states that they will restrict this complex to market rate multi -family project and acknowledge that it is not eligible for the Live Local Act. Council Member Gonzalez moved to approve Consent Agenda Items 1-6 as presented with the clarification to Item No. 5. seconded by Council Member Pines. Passed unanimouslv 5-0 with all members present voicing ave. UNFINISHED BUSINESS Item No. 7 — Variance Request, 2490 Holly Berry Circle Development Services Director Henschel presented the variance request for additional pavers that were placed on a single-family residential lot. The Council tabled this item in the month of March in order to give the applicant time to consult with a professional engineer that could evaluate the property. An engineering report was provided from the applicant with possible solutions along with the City Engineer's assessment of the offered solutions. The paver walkway was constructed on both sides of the house within the side yard setback. It was constructed all the way to the property lines on each side of the house. Per city code, a setback of 5 feet is required for any driveway or walkway for a single-family residence, and the house itself is required to maintain a minimum of 7.5-foot side yard setback. The applicants report concludes there is a minor increase in runoff from the adjoining parcels. Much of this is attributed to the existing pavers being semi -pervious. Also included in the report are mitigation options. These include: 1) Routinely pressure washing the pavers and re -sanding the joints annually, 2) Adding stone aggregate between the fence and pavers, 3) Roof drains could be collected and piped under the pavers to the rear yard, 4) installing a small trench drain parallel to the edge of the pavers to divert runoff to the rear yard. The City's contracted engineer has reviewed the applicants' engineering report and does have concerns; points out the pavers are not as permeable as indicated by the applicants' engineer. The Land Development Code, Section 101-246, requires a positive finding on the five review criteria for granting a variance. Staff has reviewed the application and supporting documents and finds the applicant does not meet the required positive findings for the provisions of the code. Therefore, staff recommends denial of the requested variance. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING August 27, 2024 If the City Council recommends approval of the variance request, staff does recommend including all four mitigation options recommended by the engineer to be included in the variance approval. These mitigation options shall be in place within 90 days of the approval. The applicant shall obtain an "after the fact" permit for the work already completed, and permit any further activities regarding this variance request. The applicants, Mr. and Mrs. Deeyal, stated that they were not aware they had to apply for a permit from the City. They hired a paving company and received Home Owners Association (HOA) approval. When they received the code violation, they hired an engineer and provided the report. The pavers are to help her walk around the house due to her handicap. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Pines stated that she is willing to work with the family, if the family follows the guidelines the engineer provided she would be in favor of the variance request. Mayor Murry, Council Member Gonzalez and Council Member Myers would be in favor of the variance if the family were willing to meet the recommendations from the engineer. Council Member Pines moved to avvrove Variance Reauest. 2490 Hollv Berry Circle with comvliance with the four recommendations from the Eneineer and completed by January 31. 2025: seconded by Council Member Mv_ ers. Passed unanimously 4-1 with Council Member Howard opposine. Item No. 8 — Resolution No. 2024-018R, Clermont West South Phase 2 CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR TWO HOTELS TO OCCUPY MORE THAN 20,000 SQUARE FEET OF FLOOR SPACE, TO ALLOW SHARED PARKING, AND TO ALLOW A RESIDENTIAL STORAGE WAREHOUSE GREATER THAN 20,000 SQUARE FEET IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT. IN ADDITION, THE APPLICANT IS REQUESTING THE FOLLOWING SPECIAL CONDITIONS TO BE INCLUDED IN THE CONDITIONAL USE PERMIT: (1) TO ALLOW ZERO (0) FOOT INTERNAL LANDSCAPE BUFFERS BETWEEN INTERNAL LOT LINES, (2) TO ALLOW A MAXIMUM GRADING WITHIN THE PERIMETER LANDSCAPE BUFFERS UP TO 25% SLOPE, (3) TO ALLOW A FRONT YARD SETBACK OF 10 FEET FOR HOTEL PARCELS (FACING SR 50),(4) TO ALLOW SIDE YARD SETBACKS OF 10 FEET FOR INTERNAL LOT LINES, (5) TO ALLOW MAXIMUM BUILDING HEIGHT UP TO 65 FEET, AND (6) 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. Deputy City Clerk Wisniewski read the title aloud. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING August 27, 2024 Development Services Planner Kruse presented the item. This agenda item was presented to the City Council on July 23. After hearing the presentation, the Council agreed to continue this item until tonight in order for the applicant to address some of the Council's concerns. The applicant has submitted a revised site plan rearranging the self -storage use and daycare use within the site. In addition, the applicant has removed the request for a special condition of the 65-foot height for the hotels. The hotels will be limited to 55 feet in height as regulated by the current zoning, C-2 General Commercial. Because of the Planning and Zoning meeting, the applicant is removing the request for a special condition to allow side yard setbacks of 10 feet for internal lot lines from the proposal. The staff has reviewed the submitted material and the revised site plan. While there have been changes made, staff is still concerned about the intensity and uses within the site and recommends denial. The applicant is requesting to develop the southern portion of a C-2 General Commercial zoned parcel fronting on Hooks Street. The property is approximately 10 acres in size. They are proposing two hotels in the interior portion of the property, up to four -stories in height, with a maximum square footage of 70,000 square feet each. The southernmost portion of the property will consist of a three-story residential storage warehouse and a 12,500 square foot daycare facility or other commercial use. Access to the site will be from the existing driveway access point on Hooks Street and from the existing State Road 50 entrance and the Sandy Grove access point to the east. The applicant has requested three special conditions to the Land Development Code included within the Conditional Use Permit. The applicant is requesting the following special conditions to be included: (1) to allow zero foot internal landscape buffers between internal lot lines, (2) to allow a maximum grading within the perimeter landscape buffers up to 25 percent slope, and (3) to allow more than 10 parking spaces, but no more than 12 spaces without a landscape island. The northern portion of the site that has already developed has received variances for 25 percent grade within the landscape buffer and 10 foot front yard setback from the FDOT pond at State Road 50. The permission to allow more than 10 parking spaces, but no more than 12 spaces without a landscape island is something that can be considered in designing a site with several hundred parking spaces. Staff has reviewed the Conditional Use Permit application in accordance to Section 101-212 of the Land Development Code. While the project does not appear to be in conflict with the Comprehensive Plan with the conceptual site plan, it does appear that the intensity and character of the development is not in conformance with the City's Land Development Code. The applicant is requesting consideration of three special conditions. A less intense development proposal would alleviate the necessity for some of the requested special conditions. Staff recommends denial of Resolution 2024-018R. The Planning and Zoning Commission recommended denial 4-0. If City Council considers approving this, staff is recommending an enhanced landscape buffer consisting of 30 percent more plant material along Hooks Street and an architectural review before City Council for the self -storage and hotels prior to site plan review/approval. Cory Sider, Kimley-Horn presented a PowerPoint and addressed issues Council had with the project at the previous meeting. The applicant removed the request for 65-foot building heights and moved the daycare to the southeast corner of the site so it is not in the direct traffic path. The new site plan shows a reduced pond size and parking for the daycare adjacent to the building. The site is lower than adjacent sites; if the 25 percent slope is denied, and then there will be more retaining walls. Mayor Murry opened public hearing Jenny May, 4062 Greystone Drive — this project is too big for the area; will generate more traffic. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING August 27, 2024 Allen Hartle, 16191 Hillside Circle, Montverde — expressed concern with the storm water runoff on the site. Mayor Murry closed the public hearing. Council Member Pines stated that there is too much on that property. She is not in favor of the 25 percent slope and the traffic that will be going through the hotel and daycare parking lots from the self -storage warehouse. Council Member Howard stated he is not in favor of the project. Discussion ensued regarding the slope of the property, the traffic and the impervious and pervious surface. John Martin, Kimley Horn Associates, stated that they looked at different slopes and felt the 25 percent slope gave the property the look of the surrounding hills. They can do retaining walls and remove the request for the 25 percent slope. Council was informed of the details that constitute this project needing a Conditional Use Permit. Council Member Howard moved to deny Resolution No. 2024-018R, Clermont West South Phase 2 CUP, seconded by Council Member Pines. Passed unanimously_ 5-0 with all members present voicing ave. Item No. 9 — Resolution No. 2024-021R This item was addressed earlier in the meeting and tabled to October 22, 2024. Item No. 10 — Ordinance No. 2024-037, LDC Amendment Chapter 117 Signs Final AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; CHAPTER 117 SIGNS; SECTION 117-26 `4OTHER SIGNS"; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERRORS, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Development Services Director Henschel presented the item. City staff is proposing changes to the Land Development Code for mural signs. Currently, murals are only allowed within the Downtown Central Business District. This area does not extend south of Highway 50. This code change would allow murals to be located within the Community Redevelopment Agency district, which is an area slightly larger than the Central Business District. The Community Redevelopment Agency district does extend to the south side of State Road 50, encompassing approximately 30 additional businesses fronting State Road 50. No other changes to the code are proposed. The Planning and Zoning Commission recommended approval 5- 0. Mayor Murry inquired if the area encompassed 5' Street on the south side of State Road 50. Development Services Director Henschel stated that it does encompass that area. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Gonzalez moved to approve Ordinance No. 2024-037. LDC Amendment Chapter 117 Signs Final: seconded by Council Member Pines. The motion passed by roll call vote 5-0. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING August 27, 2024 NEW BUSINESS Item No. 11— Ordinance No. 2024-007, Sundara Eco-Spa Comp Plan Amendment Transmittal AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE CITY'S COMPREHENSIVE PLAN BY CHANGING 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; INCLUDING IN THE GREEN SWAMP, AN AREA OF CRITICAL STATE CONCERN DESIGNATED PURSUANT TO F.S. 380.05, 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. Deputy City Clerk Wisniewski read the title aloud. Development Services Planner Kruse presented the item. The applicant, Jimmy D. Crawford, is requesting a small-scale comprehensive plan amendment for 42 acres located adjacent to the Hammock Ridge Road and Lakeshore Drive intersection. The property is currently in Lake County and has a Future Land Use Designation of Lake County Langley-Interlachen Green Swamp. Since this project is located in the Green Swamp Area of Critical State Concern, a state coordinated review process will be required under Florida Statutes 163. This process will provide the state land planning agency with making objections, recommendations and comments within 60 days after receipt of the proposed plan amendment. Any written comments will be forwarded to the City and the City will then need to determine whether to adopt the comprehensive plan. This hearing is the first hearing to transmit the request and a second hearing will be several months later pending comments from the state coordinated review. The applicant is requesting an amendment to change the future land use to the City of Clermont Master Planned Development. The applicant is proposing a specialty spa and hotel on the property. The Master Planned Development Future Land Use will limit the development to the specialty spa and hotel based upon Policy 1.7.2. This land use requires City Council approval for a development that specifies the allowable types and distribution of land use within a project. The Floor Area Ratio in this land use is 0.25, but will be limited to 0.15 for the project via the Planned Unit Development zoning. The proposed project under the Master Planned Development would be a less intense use of the project since the FAR would be limited to 0.15 and the open space of 60 percent would be retained. The project is not in conflict with any provision of the City's Comprehensive Plan. The City has the ability to serve the project with applicable City services. The Master Planned Development future land use appears to be in accordance with the existing County's Urban Low and Green Swamp Area Critical State Concern Rural County future land use. Staff recommends approval of transmittal of Ordinance 2024-007. The Planning and Zoning Commission recommended approval 6-1. The applicant's representative, Jimmy Crawford, stated that the applicant and owners of the property are present and available for any questions. The item is for transmittal to the State for comments and requested comments from Council and residents on the transmittal. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING August 27, 2024 Mayor Murry opened public hearing. Gary Mealing, 12101 Outlook Drive — expressed concern on the conservation area remaining protected. Chloe Gentry, 11940 Lakeshore Drive — support the vision of the project. Marty Proctor, 18225 Rose Street — this is not for approval only to transmit to the State. Tod Gentry, 11940 Lakeshore Drive — in favor of this project over the homes that could be built on the property. Mayor Murry closed the public hearing. Council Member Howard inquired about the piece of land to the left that was not included in the transmittal and that there needs to be enough Right of Way to create a roundabout at the intersection for traffic flow. Mr. Crawford explained that piece is wetlands and cannot develop. The applicant has provided Right of Way for the roundabout. Council Member Pines spoke about the future land use and if this project does not move forward, the use reverts to what it is now. City Attorney Mantzaris explained that Council is transmitting the future land use. With each future land use there is a zoning component. The Planned Unit Development is a contract that specifies the entitlements that property has moving forward. The property has to be built according to the Planned Unit Development or come in front of Council to change it. Council Member Pines moved to transmit Ordinance No. 2024-007. Sundara Eco-SDa ComD Plan Amendment: seconded by Council Member Myers. The motion Dassed by roll call vote 5-0. Item No. 12 — Resolution No. 2024-027R, The Dream Academy CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A PRIVATE SCHOOL IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Deputy City Clerk Wisniewski read the title aloud. Development Services Director Henschel presented the item. The applicant is requesting a Conditional Use Permit to allow for a private school in the C-2 General Commercial Zoning District as required by the Land Development Code, Section 125-337. The private school will be located at 102 South US Highway 27, an existing vacant building previously used for a retail establishment. The Dream Academy currently operates at another location in Clermont and would like to relocate to expand and increase the student enrollment for the school. The private school maximum enrollment shall not exceed 80 special needs students per academic year. The Dream Academy is a therapeutic school, servicing students from Kindergarten to 8th grade. The school currently has 15 employees and operates 8:30 am to 2:30 pm, Monday through Friday. City of Clermont MINUTES REGULAR COUNCIL MEETING August 27, 2024 The students will be transported by their parents and utilize the existing 65 onsite parking spaces. The parents will be required to park their vehicles and safely walk the students to the building. The academy will operate on a calendar, which is consistent with the Lake County Public Schools. The applicant will be required to obtain all local, state, and federal permits required for the private school. Staff has reviewed the application and finds 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 to allow for a private school facility in the C-2 General Commercial zoning district with the conditions contained in Resolution No. 2024- 027R. The Planning and Zoning Commission recommended approval 5-0. The applicant, Luzel Garcia, stated that the school has been servicing the community since 2017. The school would like to expand for the children in need. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Howard moved to aDorove Resolution No. 2024-027R. The Dream Academv CUP; seconded by Council Member Gonzalez. Passed unanimously 5-0 with all members Dresent voicing ave. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING August 27, 2024 ADJOURN: With no further comments, this meeting adjourned at 9:11 pm. ATTEST: Jaa6k- Tracy Ackroyd )owe, MMC City Clerk 11 APPROVED: F � Tim Murry, Ma r�