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09.28.2021 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2021 The City Council met in a regular meeting on Tuesday, September 28, 2021 in the Clermont City Council Chambers. Mayor Murry called the meeting to order at 6:30pm with the following Council Members present: Council Members Pines, Entsuah, Bates, and Purvis. Other City officials present were Acting City Manager Davidoff, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by the Reverend James Dorn III of St. Matthias Episcopal Church followed by the Pledge of Allegiance. OPENING COMMENTS Acting City Manager Davidoff informed the Council of several changes to the agenda. Item No. 6 — Ordinance No. 2021-021 Acting City Manager Davidoff informed the Council that this item was being withdrawn by the applicant. Item No. 7 — Ordinance No. 2021-022 Acting City Manager Davidoff informed the Council that the applicant is requesting that this item be tabled until December 14, 2021 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 SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, AN EFFECTIVE DATE AND PUBLICATION. City Clerk Howe read the ordinance into the record by legal title only. MOTION TO TABLE until December 14 2021 consideration of Ordinance No. 2021-022 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimouslywith all members voting voicing aye. Item No. 8 — Ordinance No. 2021-024 Acting City Manager Davidoff informed the Council that the applicant is requesting that this item be tabled until October 26, 2021 1 City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2021 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 EFFECTIVE DATE. City Clerk Howe read the ordinance into the record by legal title only. MOTION TO TABLE until October 26, 2021 consideration of Ordinance No. 2021-024 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing ave. Item No. 9 — Ordinance No. 2021-025 Acting City Manager Davidoff informed the Council that the applicant is requesting that this item be tabled until October 26, 2021. AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, AN EFFECTIVE DATE AND PUBLICATION. City Clerk Howe read the ordinance into the record by legal title only. MOTION TO TABLE until October 26, 2021 consideration of Ordinance No. 2021-025 made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. PROCLAMATION Fire Prevention Week Mayor Murry read a brief summary of the proclamation. Fire Chief David Ezell and Fire Marshall Jennifer Pierce accepted the proclamation on behalf of the Clermont Fire Department. Fire Marshall Pierce informed the Council that she is happy to report that the City of Clermont has had zero deaths in over 18 years due to fire. The City's fire loss is less than 1 percent. It is an honor to serve the citizens of Clermont. 2 Citv of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2021 Mayor Murry commended the fire department for all its great advances, he recalled when the fire department was an all -volunteer department. PUBLIC COMMENTS Jerod Taylor, 1878 Millcrest Drive — Was upset about code enforcement activities in Clermont; specifically about vehicular blocking of sidewalks and abandoned vehicles. The Council directed Acting City Manager Davidoff to look into the situation. Paula Hoisington, East DeSoto Street, Clermont — Thanked the Council for allowing the South Lake Alliance to present at a workshop. Critiqued Council Member Purvis for comments made during the workshop. Council Member Purvis responded that Ms. Hoisington should revisit the minutes as she is taking his comments out of context. Michael Sax, Address Exempt — Clermont Police Chaplain. Reminded the Council that retention is very important and asked that the Council to consider the contract negotiations seriously so they do not lose officers. Vincent Neimiec, Regency Hills, Clermont — Mr. Neimiec was speaking on his own behalf. He expressed concerns about Heartwood Marsh Road and the 661 new homes that were under consideration by the County. He also informed the Council that Lake County is planning to add three (3) additional roundabouts to Hartwood Marsh Road. Dani Page, Tuscany Ridge, Clermont — Expressed displeasured with the passage of the Skorman project at the last meeting and requested a moratorium on new residential development. Charlene Harrison Forth, 939 W. Desoto Street, Clermont — asked to respond to a presentation that will be made by the Police Chief. Mayor Murry told her he would not be opening the presentation to public comment. She responded that she would make her comments at the next meeting. Greg Amann, 550 East Avenue, Clermont — Expressed support for the Clermont Police Department and stated there are people in the community looking to drive an agenda and the Council needs to be aware of that. REPORTS Mayor Murry informed the Council that Commissioner Parks would not be reporting, but would resume in October. ACTING CITY MANAGER REPORT Acting City Manager Davidoff thanked all who came out to Sips and Salsa event and informed the Council that they had approximately 8,000 attendees. Acting City Manager Davidoff reminded the Council that the next scheduled meeting is October 12, 2021 at 6:30 PM. He also reminded them that the Police Departments "National Night Out" event is scheduled for October 5, 2021 at Waterfront Park. Acting City Manager Davidoff introduced Police Chief Charles Broadway to provide a report to the City Council regarding a requested internal investigation into the issues raised by a DeSoto Street resident at the prior Council meeting. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2021 Chief Broadway presented a PowerPoint presentation in response to the public comments by residents during the September 14 Clermont City Council meeting. He reviewed data and logs and stated to the Council that there is no evidence indicative of a crime or of alleged prowlers. He also addressed comments made regarding the arrest of an individual who lived in the neighborhood who was wielding a machete. Mayor Murry thanked Chief Broadway for the presentation. He expressed concerns about a back and forth conversation occurring in Council meetings regarding this issue. He asked Chief Broadway if he had spoken to the concerned resident. Chief Broadway stated that he had spoken with the resident and explained all the efforts exerted by the Police Department. While there was not an agreement as to the facts between the parties, the conversation ended on amicable terms. Acting City Manager Davidoff stated that there was nothing further for his report. CITY ATTORNEY REPORT City Attorney Mantzaris clarified for the Council that the closed session that will occur later in the meeting will only address the case regarding VP Development and another closed session will be scheduled on October 26 regarding the Sprinkles case. CITY COUNCIL REPORT Council Member Bates — • Commented that he believes the Council needs to stop engaging in conversation with the public during public comments. He believes that a lot of the issues can and should be handled by staff and that the Council does not need to get involved. In regards to the back and forth, Mayor Murry stated that he agrees he does not like it, but he will not deny a Council Member the ability to comment. Council Member Purvis — • Thanked the Police Department for the report. He believes that Police and Fire employees are held to a higher standard, and so the type of accusatory comments that were made needed to be investigated. Council Member Entsuah — • Attended the Orlando Health new hospital facility which the Live Well Foundation provided a grant for. • Reminded the Council and the public that there is an upcoming County Commission workshop. Council Member Pines — Had prepared comments that were read into the record. Thanked entire staff to City Hall for working through what has been a difficult year for all involved. She expressed great appreciation to all for the maintained level of professionalism, and for the continued perseverance of getting through without a City Manager. Reminded the Council that in January 2021, they voted on rules of conduct. She expressed concerns that some members of the public are being treated differently than others with regards to the 3 minute rule, and feels that the time rule needs to be applied equally to all. She reminded the Council that they provided a way for the public to be placed on an agenda where they could make a larger presentation and engage with the Council if they felt the need. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2021 She is not trying to stifle citizens, but feels that the Council meetings need to be focused on conducting the business of the city. She asked for a motion to revise the resolution for rules of conduct to create a more respectful meeting atmosphere. Requested that a moratorium be placed on the agenda for the next Council Meeting. She feels that the City Codes need to be addressed and modified. The moratorium would not be for 5 years, but allow enough time to get a code that is up to speed and more workable with multi -family development. She is looking for an eighteen (18) month moratorium. With regards to the time limits, Council Member Purvis stated that he is opposed to going back to the way it was previously. Council Member Pines stated that the Council needs to let staff respond to an issue first. The Council is only a policy making board and cannot get in to the day-to-day administrative affairs of the City. Mayor Murry stated that the policy established in January was to allow citizens to have more input, not less. Council Member Pines responded that it is not about the amount of input, but it is about civility in the meeting and treating all citizens equally with regards to the three (3) minutes. Council Member Entsuah stated that he agrees that things have gotten out of hand in the meetings and that the meetings need to be better streamlined to avoid back and forth. He believes that the meetings need to respectful, but much more prompt. The Council discussed adding an additional clock. Acting City Manager Davidoff stated he will work with the City Clerk on the possibility. City Attorney Mantzaris stated that the rules of conduct allows for three (3) minute comments and does not specify the extension. Council Member Purvis asked when the Council will be able to limit developers and their attorneys. City Attorney Mantzaris reminded the Council that in quasi-judicial proceedings the applicant has the right to take as much time to prove their need or request of the application. If the Council was to restrict their time, the decision of the Council can be overturned in the Courts. He did say that the Council can cutoff a presentation if the applicant is not producing facts or other evidence to support their application. City Attorney Mantzaris asked for clarification on the rules of conduct resolution and if the Council wished to revisit it. The Council provided a consensus that no changes needed to be made to the resolution. With regards to the moratorium issues, Acting City Manager Davidoff stated that he would advise bringing it back as a discussion item where the City Attorney could provide guidance. Mayor Murry agreed that it should only be a discussion item. He specifically would like staff to review conditional use permits and variances. Council Member Pines stated that the codes need to be updated and that it is vitally important to the welfare of the city. She is willing to pull funds from reserves, if required. Acting City Manager Davidoff informed the Council that he would need a majority consensus in order for the item to be placed on an upcoming agenda. Council Member Purvis stated that he feels this is premature and would better be served as a workshop item. The Council discussed when the item should be discussed. The consensus was to wait until after the New Year and the new City Manager starts. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2021 Council Member Pines asked how an eighteen month moratorium would affect property owners that have not started a project. City Attorney Mantzaris responded that it depends on each projects situation. If a property is permitted for multi -family, and the Council implements a moratorium or changes the code, and the owner realizes a loss in value, the developer could come after the city for that loss. It is important that the Council think about how wide this net could be cast. Council Member Entsuah asked about the moratorium that Minneola passed for multiple years. City Attorney Mantzaris explained that the resolution passed by Minneola was not a moratorium, but a statement that they would be taking a closer look at applications. There was nothing in the resolution that would prevent an application. They did state that they would be limiting annexations into their City and that they may not even consider annexations at all. Council Member Entsuah asked that this item be tabled until January and then in January the Council can determine if it should be postponed until April. Acting City Manager Davidoff asked for clarification from the Council how they would like to proceed. The Council gave the consensus that this item should be a topic for discussion at the workshop in January, but advised that they may require more than one (1) workshop on the topic. Council Member Entsuah — • No Report Mayor Murry — • Winter Garden will be having a community meeting on the Marsh Road speed limit. • Read a card aloud from residents on W. Minneola thanking the City Council for hearing their concerns. • Attended Battle for Hope on Saturday night. • Attended Sips and Salsa event. • Thanked Acting City Manager Davidoff for getting with Public Services on landscaping issues around the City. • "Coffee with the Cops" at Suncreek Brewery from 8:30-10 tomorrow. • "Lunch with the Mayor" is Monday at 12pm at Lilly's on the Lake. • Attended Lake 100 Economic Development Summit. • Informed the Council that he has been receiving complaints about city staff hiding things. He has spoken with the new City Manager and would like a forensic audit done of all city departments except Police and Fire. He wants to give the City a clean slate. It will cost about $25,000 and he is not sure where the funding would come from. With regards to the request for audit, Acting City Manager Davidoff asked Mayor Murry if he would like this done for all city departments. Mayor Murry responded that he wants it done on all departments except for Police and Fire as he is not interested in investigating them. Council Member Pines asked how many complaints the Mayor has received because she absolutely disagrees with the proposal. Council Member Bates also stated that he is opposed to the proposal. Council Member Pines stated that City employees have been working without a City Manager for a year and have taken a lot on their shoulders. Employees are tired; employees are burnt out. We need to support them, not investigate them. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2021 Mayor Murry stated that he has no problems with the staff or the work that they are doing. He believes an audit needs to be done every now and then anyways. Council Member Purvis stated that he supports the proposal, but only pertaining to the issuance of permits and the Building Services Department. He does not support the proposal of reviewing the entire city. Council Member Pines stated that the Council should let the new City Manager do his job. He is extremely competent and has been a City Manager for years. Council Member Purvis stated that he has already spoken to the new City Manager and this will be one of his first demands. He is adamant that something is not right with the issuance of permits in Clermont. Council Member Entsuah agreed that the new City Manager should be allowed to do his own evaluation. Seeing no support, Mayor Murry dropped the proposal. 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 Consider approval of Council Meeting Minutes of August 24, 2021 Item No. 2 — Boat Ramp Closure Consider Boat Ramp closure on December 4, 2021 for the Light Up Clermont Parade. Item No. 3 — Interlocal & Professional Consultant Consider Levey Consulting LLC contract for two Agreement scopes of service including Interlocal with Lake County Funding is budgeted in FY 2022. MOTION TO APPROVE the consent agenda for Sgptember 28 2021 made b • Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing ave- UNFINISHED BUSINESS Item No. 4 — Ordinance No. 2021-027 FINAL — Olympus 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, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the ordinance into the record by legal title only. Planning Manager John Kruse provided the staff presentation. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2021 The applicant is requesting an amendment to Ordinance No. 2020-40 to make some adjustments and changes within the 243 +/- acre project. The project was originally approved by City Council in May of 2019 for a mixed -use project with residential, commercial, office, sports and entertainment uses. The applicant requested an amendment in 2020, which was approved by City Council in December 2020, to extend dates and timelines and to shift land uses within the project due to program changes. This amendment included shifting a portion of the residential (multifamily) from the upper northwest corner of the project to the southwest corner. The program capacity and entitlements did not increase or decrease in this amendment. The applicant is now requesting additional program changes, such as increasing the areas for residential uses within the project and decreasing lot width and sizes and including different housing types. The applicant is designating a majority of the lower portion of the project as the residential area. This area is not in the City's utility area and will be served by Utilities, Inc. The upper portion of the project will be served by the City of Clermont and utilities to this area are not in place at this time. Utility service will be extended to this general area via a utility agreement recently approved for the South Lake Crossing PUD to the northeast of this project. The overall base number of residential units, 1088 dwelling units, will not change. The base number of units can be increased to 1413 dwelling units through the use of transportation conversion matrix included in the original Planned Unit Development. One of the most notable changes being requested is found in the Development Standards document. This document provides the specific details of how the project will be designed and developed. In the revised Development Standards document, the applicant is proposing the addition of a townhome product with a minimum width of 16 feet and lot size of 1,600 square feet. The applicant has provided a sample elevation and has indicated this would only apply to the interior units within the townhome building with the end units being 22 feet in width. The overall townhome building will range from 2 to 6 units in each structure. The 16 feet wide units will have a target living area of 900 to 1,400 square feet and the 22 feet wide units will be 1,550 to 1,900 square feet. Some of the other Development Standard changes include, but are not limited to (1) a change in the side yard setback for detached single-family residential from 5 feet to 3 to 7 feet with a minimum of 10 feet between buildings, (2) first floor ceiling height in multi -family projects to be 10 feet instead of 12 feet, (3) an increase in the number of habitable stories from 5 to 8 in special use buildings, (4) Shared Parking, and (5) Construction Phase Flexibility. At time of this amendment, the only site development that has been reviewed and approved is the 289 multi- family apartments in the southwest corner of the project. This site is referred to as the Integra Heights project within the Olympus development. The applicant is still working on the transportation impact fee agreement with Lake County and this project may not commence vertical construction until the transportation impact fee agreement is fully executed. The extension of City of Clermont utilities to the northern area has been designed and will commence shortly with Lennar installing and funding this improvement. A revised location for the fire station within Olympus has been proposed on the east side of the project on Schofield Road, south of Wellness Way Boulevard. Staff has reviewed the proposed amendments and timing of improvements. Staff recognizes the challenges and impacts due to the pandemic on this project along with changing market conditions and demands. The proposed smaller lot widths of the townhome product is untested in Lake County and within the City of Clermont. The applicant has indicated a similar project has been constructed in Laureate Park at Lake Nona and has been successful. Staff is looking to Council for their review and approval of this new product within the City of Clermont, if the Council desires to support this type of product. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2021 Overall, the proposed amendments by the applicant are within reason and staff would expect timelines and program changes to occur within a project of this magnitude. Staff has reviewed the application and proposed project for a Planned Unit Development. The proposed project as designed complies with the Land Development Regulations and general requirements for granting an amendment to a Planned Unit Development (PUD). The Code requires all PUD Site Development Plans be designed in a manner that provide a complete living environment that is designed to provide quality development that will enhance and creates a uniform development pattern which complies with the general requirements and regulatory process for approval of the project. The submitted site plan along with the detailed exhibits indicates a complete uniform development plan once the program fully develops. The phasing and timing of the project has had some challenges and changes, in which the applicant is requesting this amendment. Some of the timeframes have been pushed further out due to the pandemic and when the northern utilities and road network will be available. Staff is able to support these requests with the understanding Council is in support of the townhome product. The applicant has provided satisfactory responses to the Shared Parking and Phasing Sections in the Development Standards. Therefore, staff recommends approval of Ordinance No. 2021-027. The Planning and Zoning Commission also recommended approval on a 6-0 vote. Mayor Murry asked if the applicant was present. Mike Carroll, Principal and Founder — Mr. Carroll presented a PowerPoint presentation. He provided an extensive overview of the project, its history, and its vision. Mr. Carroll reviewed some of the proposed site changes via the presentation slides. He stated that Olympus has made a long term commitment to the City of Clermont. The project plan maximizes the enjoyment of recreational facilities, but provides safety as well. He concluded his presentation stated that Olympus is strategically designed for job creation and will be a benefit to the region. He appreciates the work of city staff and supports their recommendation for approval. Mayor Murry opened the floor for comments from the public. Vincent Neimiec, Regency Hills, Clermont — Mr. Neimiec stated that he was speaking for himself. He supports the project. Dani Page, Tuscany Ridge, Clermont — Ms. Page stated that the project will be a city within a city and asked how the various government provided services would be paid for. Seeing no further comments, Mayor Murry closed the public hearing. Council Member Purvis disclosed that he met with the developer along with staff. He stated that he is not happy with the proposed 1,600 ft. wide town homes as he believes that they are not a Clermont type of residential home. He stated that he could better embrace the concept if the community had a designated site within its area for a police substation. He stated that there is already a designated fire house. Mr. Carroll identified a 1,500 sq. ft. location that could be used for a police substation. Council Member Purvis asked if the City has a minimum standard for residential homes. Planning Manager Kruse responded that the city minimum is 600 sq. ft. but reminded the Council that the Olympus PUD provides separate development standards. City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2021 Council Member Bates asked questions regarding the changes in the site plan. Acting City Manager Davidoff clarified that while the project plan is changing by moving items, the residential density is remaining the same. Planning Manager Kruse stated that the residential is expanding west for more square footage, but the same density. Council Member Bates stated that he liked the previous site plan and is not sure he can support the proposed changes. He asked Mr. Carroll to provide a reason for the removal of the surf zone completely. Mr. Carroll stated that they have removed it in response to the market and adjusted for the global pandemic. Mr. Carroll explained that there is still mixed use throughout the project. The neighborhoods will be the same and there has not been a tradeoff in the development program. Brian Wheeler, Senior Land Planner — Applicant Representative. Proposed to be residential and complete 50 percent of residential overall for project. It still has urban mixed use characteristics. Council Member Bates asked if they were doing away with the bridge across the lake. Mr. Wheeler stated that they are doing away the bridge, but building a 14 foot trail around the lake. Council Member Purvis asked if they can address the school issue that was raised. Mr. Wheeler stated that the have concurrency certification with Lake County Schools and moving some portion to senior housing will reduce the need. The building permits will pay for school impact fees. Council Member Purvis stated that Lennar has bought 700 acres adjacent to this property and asked if there had been any discussion for a school site. Mr. Carroll stated that they have had a few meetings with them trying to locate a site amongst the landowners. They discussed a magnet school location, and the school board felt that a public school would need to be located further south. Mayor Murry asked about fire and police. City Attorney Mantzaris stated that the development agreement is only for the dirt; construction and outfitting will be at the City's expense. Mr. Carroll stated that the district is providing for its own security. For both the fire and police stations, he reminded the Council that the locations will service the entire area, not just Olympus. MOTION TO APPROVE and adopt Ordinance No. 2021-027 as presented with the two changes made by Council Member Entsuah. Seconded by Council Member Purvis. Passed 4-1 on roll call vote with Council Member Bates opposing. For clarification, the two changes reflected in the motion are Exhibit 7 as presented and section 8 item 4 in the Ordinance regarding private roads to be privately maintained. Item No. 5 — Variance Request PEREZ Mayor Murry left the meeting at 9: 20pm Development Services Director Henschel presented the variance request for vacant property. The applicant is requesting a variance to the Land Development Code for vacant property located on Pitt Street and Bloxam Avenue. The variance request is to allow for the use of a 20 foot shared access driveway on Pitt Street instead of the minimum lot width requirements for a single-family dwelling unit of 50 feet. The R-3 Residential/Professional zoning district requires a 50 foot width measured along the property line contiguous to any street frontage or road for access. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2021 The intent and purpose of the R-3 zoning minimum lot and height requirement is to ensure each single family residential lot has the ability to meet the minimum standards for a buildable lot in that zoning category along with ample vehicular access. The definition of a buildable lot is an area of contiguous land, having sufficient area and dimensions to meet the applicable zoning codes. The applicant has indicated the property owner would like to split the lot and construct two single-family homes that will share a 20-foot access driveway off Pitt Street to allow for accessibility to the proposed single-family lots. In the event the property is sold in the future, the 20-foot shared access driveway for the proposed two lots and single-family homes would create non -conforming lots that are inconsistent with the minimum standards for single-family residential lots and homes. The proposed design layout of the 20 foot wide shared access driveway may prevent and limit the mobility of any emergency vehicles, fire trucks and the collection of garbage and recycling trucks at this location. In addition, maintenance obligations of the access road could become an issue as well. 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 four of the five criteria and therefore recommends denial of the requested variance. Mayor Pro Tem Bates asked if the applicant was present. David Rosa — Applicant. Mr. Rosa requested approval. When they purchased the property, they were told they could do what they are asking. He informed them that they are currently allowed to build a duplex on the site under the current zoning. He stated that they are only asking for a difference of in 10 ft separation. Mayor Murry returned at 9: 25 pm Mayor Murry opened the floor for comments from the public Jerri Wright Dorriety, 741 Pitt Street — Ms. Dorriety informed the Council that her mother is an abutting property owner. She asked a number of questions regarding the project, and expressed concerns about traffic. Paula Hoisington, 564 East DeSoto Street — Ms. Hoisington stated that she is representing the Johnson Family Trust which is an abutting property. She asked the Council to consider safety first. Council Member Pines stated she is not in support of the project as emergency services cannot get up the driveway. Council Member Purvis asked Director Henschel to explain about the duplex. Director Henschel stated that the concern is over non -conforming parcels. Council Member Bates voiced concerns about the proposal. Mayor Murry stated he also has concerns specifically regarding emergency vehicles. Mr. Rosa asked if he could bring back drawings for the Council to consider. 11 Citv of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2021 City Attorney Mantzaris informed the Council that this is a variance request. He suggested the Council needs to address the criteria for granting a variance. One of the most significant criteria is what the hardship is and what is self-imposed. Generally speaking, variances with a self-imposed hardship do not meet the minimum criteria for granting a variance. MOTION TO DENY the variance r uest made by Council Member Purvis. Seconded by Council Member Pines. Passed unanimously with all members present voicin aye. NEW BUSINESS Item No. 6 — Ordinance No. 2021-021— WITHDRAWN This item was heard previously in the agenda and was withdrawn. Item No. 7 — Ordinance No. 2021-022 — TABLED This item was considered previously in the agenda and was tabled. Item No. 8 — Ordinance No. 2021-024 — TABLED This item was considered previously in the agenda and was tabled. Item No. 9 — Ordinance No. 2021-025 — TABLED This item was considered previously in the agenda and was tabled. CLOSING COMMENTS Mayor Murry asked if there were any closing comments, seeing none the Council moved forward to their closed session. Mayor Murry read a statement regarding the closed session. CLOSED SESSION AT THIS TIME THE REGULAR CITY COUNCIL MEETING RECESSED INTO CLOSED LITIGATION SESSION. The Council Meeting Recessed at 9: 45pm. The Council Meeting Reconvened at 11:17pm. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2021 ADJOURN: With no further comments, this meeting adjourned at 11:18pm. HEN►•►•�►►► "'�: M ►RF - �l 4 Tracy Ackroyd Howe, MMC City Clerk 13 APPROVED: Tim Murry, May