09.27.2022 - City Council MinutesCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2022
CALL TO ORDER
The City Council met in a regular meeting on Tuesday, September 27, 2022 in the Clermont City Council
Chambers. Mayor Murry called the meeting to order at 6:30 pm with the following Council Members
present: Council Members Bates, Pines, Entsuah, and Purvis.
Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and City Clerk Howe.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Kendal Anderson of The Crossing Church followed by the Pledge of
Allegiance.
OPENING COMMENTS
City Manager Bulthuis informed the Council of the following agenda changes:
Item No. 9 — Ordinance No. 2022-009, Chicone Annexation
Ordinance No. 2022-009, Chicone Annexation
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION
OF A CERTAIN PARCEL OF LAND IN ACCORDANCE WITH THE INTERLOCAL
SERVICE BOUNDARY AGREEMENT DATED DECEMBER 2, 2014; PROVIDING
FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF
SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE.
City Clerk Howe read the title aloud.
Council Member Bates moved to table Ordinance No. 2022-009 to October 11, 2022:
Seconded by Council Member Pines. Passed unanimously 5-0 with all members present
voicing aye.
City Manager Bulthuis informed the Council this is a request to table this item to October 11, 2022.
Item No. 10 — Ordinance No. 2022-010. Chicone Large -Scale CPA
Ordinance No. 2022-010, Chicone Large- Scale CPA
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, ADOPTING THE LARGE-SCALE COMPREHENSIVE PLAN
AMENDMENT FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE
LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163,
PART II, FLORIDA STATUTES; SETTING FORTH THE AUTHORITY FOR
ADOPTION OF THE LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT;
SETTING FORTH THE PURPOSE AND INTENT OF THE LARGE-SCALE
COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR THE ADOPTION OF
THE LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING
THE LEGAL STATUS OF THE LARGE-SCALE COMPREHENSIVE PLAN
AMENDMENT; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2022
City Clerk Howe read the title aloud.
Council Member Bates moved to table Ordinance No. 2022-010 to October 11, 2022;
Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present
voicing awe.
City Manager Bulthuis informed the Council this is a request to table this item to October 11, 2022.
Item No. I I — Ordinance No. 2022-011. Chicone Rezoning
Ordinance No. 2022-011, Chicone Rezoning
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF
ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL
PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR
CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS
ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE.
City Clerk Howe read the title aloud.
Council Member Bates moved to table Ordinance No. 2022-011 to October 11, 2022;
Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present
voicing aye.
PUBLIC COMMENTS
Charlene Forth, 939 W. Desoto Street - spoke on the decision to have the Council meeting tonight with an
incoming hurricane the next day.
Anthony Grove, 1105 Sadie Ridge Road — expressed concern on financial decisions.
REPORTS
CITY MANAGER REPORT
City Manager Bulthuis —
• Asked Council to add two items to the agenda in light of the coming storm.
The first item is a piggyback on a Lake County contract for disaster debris monitoring service with Witt
O'Brien's, LLC. The company would assist with assuring all debris cleanup documents that would need
to go to FEMA are submitted correctly.
Council Member Entsuah moved to approve the item brought forth by the City Manager:
Seconded by Council Member Purvis. Passed unanimously 5-0 with all members present
voicing aye.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2022
The second item is Resolution No. 2022-35R, 2022 Debris Removal Private Streets.
A RESOLUTION OF THE CITY OF CLERMONT CITY COUNCIL MAKING
APPROPRIATE FINDINGS FOR CERTAIN PRIVATE AND NON -CITY
MAINTAINED ROAD DEBRIS REMOVAL WITHIN THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA; AUTHORIZING THE CITY MANAGER TO PURSUE
REIMBURSEMENT AS APPLICABLE FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY AND PROVIDING FOR AN EFFECTIVE DATE.
City Clerk Howe read the title aloud.
City Manager Bulthuis explained that there is a requirement that if the City picks up debris on private streets
there has to be an agreement with the HOA to have access to their property. There are 21 subdivisions with
private streets in the City of Clermont. This Resolution would give the City permission to pick up the debris
on private streets.
City Attorney Mantzaris clarified that this would allow the City to pick up debris in the road. It does not
apply to privately owned properties.
Council Member Bates moved to approve the item brought forth by the City Manager;
Seconded by Council Member Purvis.
Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing.
Passed unanimously 5-0 with all members present voicing aye.
• Tuesday, October 4 is National Night Out at Waterfront Park.
• First Friday Food Truck is October 7, 2022.
• CRA meeting will be held October 11, 2022 at 6pm to adopt the budget.
• Asked Chief Harrison to speak on the coming storm.
Chief Harrison provided an update on Hurricane Ian. Lake County and Clermont declared a State of
Emergency over the weekend. Lake County schools are closed the remainder of the week. Locations for
distribution of sand bags is listed on the city website.
Discussion ensued on shelter locations in and around Clermont as well as urging the residents of Emerald
Lakes to evacuate.
CITY ATTORNEY REPORT
City Attorney Mantzaris — No report.
CITY COUNCIL REPORT
Council Member Bates — No report.
Council Member Purvis — Thanked staff for the work in preparing for the Hurricane.
Council Member Entsuah — No report.
Council Member Pines — Thanked staff for the work in preparing for the Hurricane.
Mayor Murry —
• Mayor's luncheon on October 3 at Ruby Tuesday's at noon.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2022
• Attended the King's Ridge Men's club event.
• Congratulations to the Clermont Police Department Cops Unit for being recognized as the number
one crime prevention small unit for 2022 by the Florida Crime Prevention Association.
• Read a letter aloud commending services and staff of the Sanitation Department.
• Urged residents to have all preparations for the storm completed by noon on Wednesday.
City Manager Bulthuis informed residents that once the storm passes, there is no need to call for limbs and
items to be picked up. The City will begin pickup as soon as it is clear for trucks to be on the road.
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 —Resolution No. 2022-031 R
Item No. 3 — Grant Acceptance
Item No. 4 — Proposal Award
Item No. 5 — Proposal Award
Item No. 6 — Event and Road Closure Request
Veteran's Day
Item No. 7 — Event and Road Closure Request
Cookies & Cocoa
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Consider approval of the minutes of the August
23, 2022 and September 13, 2022 Council
meeting and the September 7, 2022 First
Budget Public Hearing
Consider approval of Fiscal Year 2022 Budget
Amendment to the Enterprise Funds.
Consider approval to participate in a grant
agreement for a Low -Income Household Water
Assistance Program with Lake Community
Action Agency.
Consider the award and term contract to
Southern Cleaning Service, Inc. to provide
janitorial services to the Highlander Building,
Kehlor Building, and Public Restrooms for the
annual budgeted amount of $98,400.
Consider award and term contract to Southern
Cleaning Service, Inc. to provide janitorial
services for recreational facility restrooms in
the budgeted amount of $38,400..
Consider the event and parade request with road
closures on November 11, 2022, at West Park
and continuing to Waterfront Park.
Consider the event request with road closures on
December 9, 2022 in Downtown Clermont.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2022
Council Member Bates moved to approve the Consent Agenda as presented for September
27, 2022, Seconded by Council Member Purvis. Passed unanimously 5-0 with all members
present voicing aye.
Item No. 8 — Variance Request, 2470 Linkwood Avenue
Development Services Director Henschel presented the variance request. The item was tabled form the
September 13 meeting in order for the applicant to provide additional information. The applicant provided
an amended application with information on the drainage of the site and additional pictures. The applicant
is requesting a variance for a rear yard setback to be less than the minimum 25 feet required for property
located at 2470 Linkwood Avenue. The requested variance would allow for a solid roof pergola accessory
structure to be located in the rear yard of the existing single family home. The proposed pergola accessory
structure would intrude 4 feet into the required 25 foot rear yard setback. The current Land Development
Codes, Section 122-342, require any solid roof structures or buildings must be able to meet the minimum
setbacks for the primary structure. The rear yard setback in this subdivision is 25 feet from the rear property
line. The proposed pergola porch addition with a solid roof would increase the existing impervious surface
ratio for lot coverage, but will not be over the minimum requirements permitted by the code. The applicant
has amended his application to indicate underdrain systems will be installed in order to facilitate drainage
on the lot. The applicant has received approval from the homeowners association.
Section 86-174 of the Land Development Code requires a positive finding on the review criteria in order to
grant a variance. Staff has reviewed the application as submitted and finds the application does not meet a
positive finding on all of the five review criteria. Therefore, staff recommends denial of the requested
variance.
The Applicant, Mr. Mark Patterson stated that before they can move forward to have a contractor develop
plans, they have to submit an idea that is approved by Council. The concerns that staff has raised regarding
the project will be addressed when they get to the plans phase of the project. Mr. Patterson is requesting
approval on the project.
Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing
Discussion ensued regarding the type of pergola this would be along with what the end design is envisioned
to look like. Council members gave their opinions on the project.
Council Member Bates moved to approve the Variance request• Seconded by Council
Member Entsuah. The motion passed 3-2 with Council Member Purvis and Mayor Murry
opposing_
Item No. 9 - This item was addressed earlier in the meeting and tabled to the October 11, 2022 meeting.
Item No. 10 — This item was addressed earlier in the meeting and tabled to the October 11, 2022 meeting.
Item No. 11— This item was addressed earlier in the meeting and tabled to the October 11, 2022 meeting.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2022
Item No. 12 - Ordinance No. 2022-032, The Vue Rezoning
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER
122 OF ORDINANCE NO.289-C, CODE OF ORDINANCES; REZONING THE
REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW;
PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE
CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION
AND AN EFFECTIVE DATE.
City Clerk Howe read the ordinance into the record by legal title only.
The applicant, Jimmy Crawford, is requesting an amendment to Planned Unit Development (PUD)
Ordinance 2017-24 to develop lots 7-13 with multi -family apartments. The PUD project is known as the
VUE and is located west of Miss Florida Avenue and Hooks Street intersection, north of Hooks Street and
East Ridge High School. The PUD consists of 30.9 acres and was allowed C-2 General Commercial uses
on Lots 1-6 that are adjacent to SR 50. The PUD Ordinance has language under section 3, item 14 that
states "Any future development on parcels 7 through 13 (south side of project) requires a PUD amendment
to be approved by City Council." The applicant has an end user for parcels 7 through 13, an apartment
complex consisting of 289 units. Ordinance 2017-24 has language under section 2 that states "this
application for a Planned Unit Development to allow for a multi -family residential Planned Unit
Development along with C-2 General Commercial uses" and section 3, item 2 indicates the setback for
multi -family and commercial use. Based upon this language, it is indicative that multi -family use was
considered within the project.
A reconfigured site plan prepared by Highland Engineering shows the project consisting of seven (7)
commercial lots along SR 50 and one larger lot for multi -family use. The revised site plan consists of 8 lots
total. The multi -family project will be constructed on the former lots 7 through 13, with the retaining wall
shifting a bit to the north to assist in grading and parking of the multi -family project. This change reduced
the retaining wall height from 13 feet to 10 feet. The retaining wall will be terraced with landscaping to
break up the hardscape.
Several waivers that were previously approved under Ordinance 2017-24 are still applicable to develop the
site and the applicant is not requesting any additional waivers or increases in the current approved waivers.
The multi -family project will consist of four-story split buildings to transition the grade with three-story on
the upper half and four-story on the lower half. The apartment buildings will have elevators for the residents.
The overall project area is 30.9 acres. The multi -family proposal will consist of 289 total units on 24.13
acres, which is a density of 11.98 dwelling units per acre, which is less than the maximum of 12 dwelling
units per acre. The remaining acreage adjacent to SR 50 will be developed as C-2 General Commercial
uses.
Access to the multi -family portion will be from two access points from Hooks Street. There will be no
interconnectivity between the commercial use and multi -family use due to the elevation change. The access
points on Hooks Street are existing and the applicant intends to use these points for ingress and egress.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2022
The applicant has provided an amenity package that was reviewed using the recently adopted Wellness
Way Close -to -Home Parks analysis within the Wellness Way Design Guidelines. The project is not within
the Wellness Way Area Plan, but the applicant offered to provide these types of park amenities. The Close -
to -Home Park service area is required within 400 feet of all residential uses. Amenities within this distance
ensures they are walkable and provide for a sustainable neighborhood. The applicant has provided an
amenity type within the 400 foot distance within each residential building.
Staff has reviewed the application and proposed project in regards to Section 122-315 Review Criteria for
a Planned Unit Development. The location is suitable for multi -family use since the future land use of
Commercial allows this type of land use. The property has access to major road networks. The City's water
and sewer service will be required in order to develop the property and capacity is available to serve the
multi -family project. The project is located within walking distance of the assigned high school and middle
school. School concurrency shall be met as a requirement prior to site plan approval. The western portion
of this project was identified in the City's "Strategic Economic Development Plan" as having topography
challenges that make development difficult. The applicant has reduced the retaining wall height request
from 13 feet to 10 feet by working with the extensive grade on the site. In addition, the applicant intends to
offset some of the grading through the construction of split level buildings. Staff is able to support the
request and recommends approval of Ordinance 2022-032. Planning and Zoning recommended approval,
5-0.
Jimmy Crawford was present on behalf of the applicant, AC Commercial Properties and Woodfield
Development. This project has come before Council multiple times and was denied from this Council last
year. The applicant has made changes to improve the project and now has the same footprint as it had in
2017. The applicant is not requesting any waivers besides what was allowed in 2017. Mr. Crawford went
over the details of the project.
City Manager Bulthuis explained that staff s recommendation comes from the applicant making changes
and presenting a different application than what was presented last year.
Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing.
Council discussed the multi -family portion and commercial portion of the property being separate and not
connected.The school bus stops will be internal to the property, the applicant agreed with the bus stop
location subject to Lake County School Boards decision.
City Attorney Mantzaris informed Council they can add a condition in the Ordinance
regarding the school bus stops. He suggested the following language: "subject to approval
by the School District school bus pick up and drop off locations for residents of the project
shall be internal to the development."
The applicant agreed to the language as stated by City Attorney Mantzaris to be included in the Ordinance.
Council Member Purvis moved to approve Ordinance No. 2022-032 as presented along
with the proposed condition for school pick-up• Seconded by Council Member Entsuah
The motion passed by roll call vote 5-0.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2022
Items No. 13, 14 and 15 were heard concurrently and voted on separately.
City Clerk Howe read the following three ordinances aloud by title only.
Item No. 13 — Ordinance No. 2022-034, 111 Apartments Annexation
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION
OF A CERTAIN PARCEL OF LAND CONTIGUOUS TO THE PRESENT CITY
BOUNDARIES; PROVIDING FOR CONFLICT, SEVERABILITY,
ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING,
PUBLICATION AND AN EFFECTIVE DATE.
Item No. 14 — Ordinance No. 2022-035, 111 Apartments Comprehensive Plan Amendment
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.
Item No. 15 — Ordinance No. 2022-036, 111 Apartments Rezoning
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF
ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL
PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR
CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS
ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE.
Development Services Planner Kruse presented the staff initiated request for annexation,
comprehensive plan amendment and rezoning for a project located in Lake County that has a City
of Clermont utility agreement in place. The utility agreement was approved by City Council in
2019 and amended in 2020.
The subject parcel is located north of State Road 50 and east of County Road 455 and is
approximately 22 +/- Acres. Lake County has approved the development of a 296-unit multi -family
apartment housing project on the site which is currently under construction.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2022
The entitlements were approved by Lake County. The City of Clermont has the capacity and will
be providing water and sewer services for the development. The City will annex the property as
approved by Lake County. The property will be changing the Future Land Use Designation from
Lake County Urban High Density to Clermont High Density Residential Land Use Category. The
zoning will conform to the approved PUD zoning in Lake County and will be designated as PUD
in the City. Staff recommends approval of the annexation, comprehensive plan amendment and
rezoning. Planning and Zoning recommended approval, 5-0.
Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public
hearing.
Council discussed the location and the city's capacity to handle annexing in this property.
Council Member Entsuah inquired about annexation and Lake County talking to the city prior to
approving projects that could potentially annex into the city. City Manager Bulthuis stated that he
has spoken with Lake County Commissioner Parks regarding this and they will be looking into
working in tandem on a plan so that the city and county align. For now, the county will speak to
the city prior to approving anything on land that is adjacent to city limits.
Council Member Bates moved to approve Ordinance No. 2022-034, Seconded by Council
Member Pines. The motion passed by roll call vote 5-0.
Council Member Bates moved to approve Ordinance No. 2022-035; Seconded by Council
Member Purvis. The motion passed by roll call vote 5-0.
Council Member Bates moved to approve Ordinance No. 2022-036: Seconded by Council
Member Purvis. The motion passed by roll call vote 5-0.
Item No. 16 — Ordinance No. 2022-037, Land Development Code Amendment — Murals
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 102 SIGNS; ADDING SECTIONS 102-26
"OTHER SIGNS"; PROVIDING FOR CONFLICT; SEVERABILITY; CODIFICATION;
THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERRORS; RECORDING;
PUBLICATION AND AN EFFECTIVE DATE.
City Clerk Howe read the ordinance into the record by legal title only.
Development Services Director Henschel presented the item. City staff is proposing a code change
regarding murals. This change will remove the existing condition within the Ordinance that requires
final approval by City Council. Staff is requesting to strikethrough one sentence, all other rules and
regulations will remain. The applicant will still be required to submit an application for review by
city staff.
Mayor Murry stated the change would essentially change final approval from Council to City staff.
Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public
hearing.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2022
Council Member Purvis asked what prompted the change. Mr. Bulthuis explained that staff has
been working with the Art League to activate the Art Walk and through that process the idea came
about to give final approval back to staff. Council discussed staff approving versus council
approving and what is considered appropriate along with where the murals would go. Staff will
work with the Art League on getting input before approving applications.
Lisa Harris, President of the South Lake Art League spoke on murals in Clermont and surrounding
cities.
Council Members discussed murals and their views on who should have final approval. Council
agreed to staff approvals as long as Council was kept aware of all applications that are submitted
prior to approval.
Council Member Entsuah moved to approve Ordinance No. 2022-037 with the stipulation
that staff keeps Council abreast to every item that comes to them and also keeps the Art
League involved and also have Council review the Ordinance in two years; Seconded by
Council Member Bates. The motion passed by roll call vote 5-0.
Items No. 17, 18 and 19 were heard concurrently and voted on separately.
City Clerk Howe read the following three ordinances aloud by title only.
Item No. 17 — Ordinance No. 2022-039, Lakeview Preserve Annexation
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION
OF A CERTAIN PARCEL OF LAND CONTIGUOUS TO THE PRESENT CITY
BOUNDARIES; PROVIDING FOR CONFLICT, SEVERABILITY,
ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING,
PUBLICATION AND AN EFFECTIVE DATE.
Item No. 18 — Ordinance No. 2022-040, Lakeview Preserve Comprehensive Plan Amendment
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.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2022
Item No. 19 — Ordinance No. 2022-041, Lakeview Preserve Rezoning
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF
ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL
PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR
CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS
ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE.
Development Services Planner Kruse presented the staff initiated request for annexation,
comprehensive plan amendment and rezoning for a project located in Lake County that has a City
of Clermont utility agreement in place. The utility agreement was approved by City Council in
2021.
The subject parcel is located north of Hartwood Marsh Road and east of the Clermont boundaries
and is approximately 40 acres. Lake County has approved to allow for the development of 75 single
family residential homes on the site which is currently under construction. The entitlements were
approved by Lake County with the City's objection. The City of Clermont has the capacity and
will be providing water and sewer services for the development. The City will annex the property
as approved by Lake County. The proposed Low Density Residential Land Use designation allows
up to the maximum of three (3) units per acre, which is consistent with the intent of the
Comprehensive Plan. The zoning will conform to the approved PUD zoning in Lake County and
will be designated as PUD in the City. Staff recommends approval of the annexation,
comprehensive plan amendment and rezoning. Planning and Zoning recommended approval, 5-0.
Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public
hearing.
Discussion was had regarding the entrance to the property and that it will be a gated community.
The layout of the property makes it so that the only way to enter the community is having to go
through another community which is in city limits. If the property is not annexed into the city then
county services including Fire and Police would have to go through city property to get to this
community.
Council Member Bates moved to deny Ordinance No. 2022-039; Seconded by Council Member
Purvis.
City Attorney Mantzaris explained that if Council denies the project it will still get completed
because the developer has entitlements to build from Lake County.
Council spoke on possible alternative entrances to the community. Discussion ensued regarding
when Impact Fees are collected, the lot and road sizes along with the cul-de-sac in the neighborhood
and if fire trucks are able to turn around. Development Services Director Henschel stated that the
cul-de-sacs appear to be the same size as the other neighborhoods in the area.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2022
Council Member Bates and Council Member Purvis withdrew their motion and second.
City Manager Bulthuis asked Council if they would like to table this item for two weeks to verify
that fire trucks will be able to fit down the roads and the cul-de-sac. Council discussed the level of
service the city will be able to provide this community because of the entrance being within another
community.
Council Member Purvis moved to approve Ordinance No 2022-039• Seconded by Council
Member Entsuah. The motion passed 3-2 with Council Member Bates and Council
Member Pines opposing
Council Member Purvis moved to approve Ordinance No. 2022-040: Seconded by Council
Member Entsuah. The motion passed 3-2 with Council Member Bates and Council
Member Pines opposing
Council Member Entsuah moved to approve Ordinance No. 2022-041 • Seconded by
Council Member Purvis. The motion passed 3-2 with Council Member Bates and Council
Member Pines opposing
Item No. 20 — Ordinance No. 2022-042, Clermont Hills Apartments Rezoning
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF
ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL
PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR
CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS
ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE.
City Clerk Howe read the ordinance into the record by legal title only
Development Services Planner Kruse presented the item. The applicant, Tara Tedrow, is requesting an
amendment to PUD Ordinance 2021-015 to expand and amend the previously approved site plan, which
includes additional acreage and additional apartment units. The property is located southwest of Excalibur
Road and Hooks Street Intersection, East of Paloma Road and adjacent to East Ridge Middle School. With
the addition of this parcel, the overall project will be 26 +/- acres.
The applicant is requesting to construct 312 units, which is at a density of 12 dwelling units per acre. The
previous project was approximately 17 acres and was approved for 204 units. The future land use of
Residential/Office permits multifamily up to 12 dwelling units per acre and office uses at a floor area ratio
of 0.25. Several conditions were placed in the PUD approval as an outcome of a Special Magistrate hearing
that will continue to be in the amended project.
The site shall be constructed in substantial accordance of the submitted conceptual site plan dated August
24, 2022 prepared by VHB, Inc. The site plan was reconfigured from the previous site plan. Previously,
there was an access off of Excalibur Road along with access off of Hooks Street. The new plan has removed
the access point off of Excalibur Road and the primary access point will be provided from Hooks Street.
An exclusive left turn lane will be constructed on Hooks Street to serve the primary access point.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2022
In addition, a right -turn lane will be constructed, at the recommendation of the Planning and Zoning
Commission. The project will also be gated and the internal roadway will be privately owned and
maintained. Majority of the previous conditions contained in Ordinance 2021- 015 will be retained in this
amendment with the exclusion of conditions that dealt with Excalibur Road. The apartment buildings will
be a maximum of three -stories. A waiver was granted for cut/fill up to 13 feet on 10% of the previous site.
This has not changed with the additional acreage, nor will it be required on the additional acreage. The
applicant has provided additional amenities and more open space is provided compared to the previous
project.
Staff has reviewed the application and proposed project in regards to Section 122-315 Review Criteria for
a Planned Unit Development. The location is suitable for multi -family use since the future land use of
Residential/Office allows this type of land use. The property has access to major road networks and the
primary access point has been shifted from Excalibur Road to Hooks Street to minimize any concerns. The
City's water and sewer service will be required in order to develop the property and capacity is available to
serve the multi -family project. The project is located within walking distance of the assigned high school
and middle school. School concurrency shall be met as a requirement prior to site plan approval. The
proposed project, as presented in the conceptual plan, does preserve the natural topography of the site as
much as possible and the previous cut/fill waiver for the project is not being requested on the additional
acreage. The conceptual site plan has more open space than previously before and more amenities are being
provided for the residents. Staff is able to support the request and recommends approval. The Planning and
Zoning Commission recommended approval, 5-0 with the condition that a right -turn lane be installed on
Hooks Street. The ordinance has been updated to reflect this condition.
Tara Tedrow with Lowndes Law Firm presented on behalf of the applicant. Ms. Tedrow gave an overview
of the project which included the entrances, amenities and building heights.
Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing.
Council discussed school pickups being inside the community. Paloma Road possibly becoming accessible
to the public in the future. The buildings being three stories and having no elevators.
Mayor Murry opened the public hearing.
Geri Shore, Paloma Road — Paloma is a county maintained road.
Mayor Murry closed the public hearing.
City Mantzaris inquired if Council wants a similar condition as the Vue regarding school bus drop off.
Subject to school district approval, pick up and drop off would occur inside the community.
Council Member Purvis moved to approve Ordinance No 2022-042 as presented along
with the proposed condition for school pick-up• Seconded by Council Member Entsuah
The motion passed by roll call vote 5-0 with all members present voicing aye
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 27, 2022
ADJOURN: With no further comments, this meeting adjourned at 9:21pm.
ATTEST:
Tracy Ackroyd Howe, MMC
City Clerk
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APPROVED:
Tim Murry, Ma r