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06.27.2023 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING June 27, 2023 CALL TO ORDER The City Council met in a regular meeting on Tuesday, June 27, 2023 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, Entsuah, Pines and Purvis. Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and Deputy City Clerk Wisniewski. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Dustin Todd of Real Life Christian Church gave the invocation followed by the Pledge of Allegiance. PROCLAMATION Deputy City Clerk Wisniewski read a proclamation proclaiming the City of Clermont as a Purple Heart City. Commander John Hillery accepted the proclamation and presented Mayor Murry with a Purple Heart flag. PRESENTATIONS Lake County Commissioner Parks gave an update on what is happening in the County. The County Commission approved the updated school impact fees. Transportation impact fee discussion is coming back to the Commission for a vote, with a minimum of a 4 to I vote, those fees will be raised. It is currently budget season and as of now it is looking good that 4% of general funds will be allocated for roads. In July, Lake County will be celebrating Pride in America month and there will be different events in the County throughout the month. PUBLIC COMMENTS Banks Helfrich, 9800 Sams Lake Rd — spoke about sustainable living. Charlene Forth, 939 Desoto St — spoke on transparency of Council. Otis Taylor, 3686 Caladesi — thanked council for doing a wonderful job in representing the citizens. Bryan Bain, 3578 Wind River Run — thanked the city for the Juneteenth event and appreciates the opportunity residents have to come and speak. REPORTS CITY MANAGER REPORT • July 41' Event at Waterfront Park. • City offices closed on July 4. • Planning and Zoning Commission meeting in July is canceled, next meeting will be in August. • Budget workshops will be held on July 12 at 9:30 AM and July 20 at 6:30 PM. • The Live Local Bill passed, apartment complexes can be built on commercial, industrial or mixed use property as long as 40% is affordable housing. • Gave an update on Wellness Way, a timeline of what has been accomplished to date and what is coming in the future. CITY ATTORNEY REPORT No report. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING June 27, 2023 CITY COUNCIL REPORT Council Member Gonzalez — • Met with elected officials, brought back $1 million for water treatment plant. Council Member Purvis — • The Jerk Festival and Juneteenth celebrations were wonderful. Council Member Entsuah — • Juneteenth was a great event. Council Member Pines — • Juneteenth was an outstanding event. Mayor Murry — • Attended Juneteenth celebration and thanked everyone for making it a wonderful event. • Participated in the Youth Academy Panel. • Directed the City Manager to add a discussion regarding moving public comments to end of the meeting to a future workshop. • No Mayors luncheon in July or August. The next Mayors luncheon will be August 5 at Amore. Police Chief Broadway will become the president of the Florida Police Chiefs Association. 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 — Surplus Request Item No. 3 — Plat Approval Wellness Ridge Phase 1-B Item No. 4 — Bid Award 2 Consider approval of the minutes of the May 23, 2023 Council Meeting. Consider approval to declare end -of -life inventory as surplus from the Parks and Recreation Department, Information Technology, and Public Services and dispose of in accordance with the Procurement Policy. Consider approving a residential plat consisting of 55.33 acres, platted into 241 lots, recreation tract and a stormwater tract. Consider the bid award to Superior Asphalt, Inc. for the total budgeted amount of $203,852.50. City of Clermont MINUTES REGULAR COUNCIL MEETING June 27, 2023 Item No. 5 — Piggyback Contract Item No. 6 — Clermont Main Street Events 2023 Road Closure Request Requesting approval to piggyback the City of Jacksonville contract with Polydyne Inc. to provide bulk liquid emulsion polymer supply and delivery. Consider the request from Clermont Main Street to approve the remainder of the 2023 season and road closures for all events. Council Member Purvis moved to approve Consent Agenda Items 1-6 as presented. Seconded by Council Member Entsuah. Passed unanimously 5-0 with all members present voicing ave. UNFINISHED BUSINESS Item No. 7 — Variance Request, 1606 Indian Shores Drive. This item was withdrawn. Item No. 8 — Ordinance No. 2023-021, The Citrus Cabanas, Final AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, AN EFFECTIVE DATE AND PUBLICATION. Deputy City Clerk Wisniewski read the title aloud. Development Services Planner Kruse presented the item. The applicant, Victory Coast, LLC is requesting a rezoning from Central Business District to Planned Unit Development (PUD) for a half acre parcel located at the southwest corner of Montrose Street and West Avenue. The property was formerly used as a bed and breakfast, called the Mulberry Inn. The main building, which was constructed in 1880, has had renovations and upgrades over the years. The applicant is requesting PUD zoning in order to place eight (8) small residential units, also known as the "cabanas", on the property to be used for short term rentals along with using the historic two-story home for short term rental as well. The cabanas will range in size from approximately 400 square feet up to 550 square feet. They will consist of one bedroom, a bathroom, sitting area and small kitchen. The units will be self-contained. The applicant would also like to construct an outdoor seating area and summer kitchen for guests to use which would be placed adjacent to the historic home and between the cabanas. The applicant has provided a conceptual site plan showing the location of the cabanas, historic home, parking, seating area, and other aspects of the project. The Central Business District, under Section 125-370, would permit this type of use through the approval of a PUD. The applicant is requesting two variances to the Land Development Code that are considered within this PUD application. The variances are: (1) onsite parallel parking spaces to be 8 feet in depth by 22 feet in length instead of 10 feet by 23 feet, and (2) reduced landscape buffers on the south and west property line. Section 115-5 (b) allows on -street parking in the downtown area provided by the City to be reduced to 8 feet by 22 feet. The applicant is requesting the same ability as the City in the construction of these spaces. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING June 27, 2023 The applicant is required to have 11 spaces for the project and will be offering 11 spaces along with one ADA handicap space for a total of 12 spaces. The applicant is requesting a reduction in the landscape buffer width for the project. The applicant will still be installing landscaping around the site, but will not be at the width and extent of the code on the southern and western property line. The applicant is including a six (6) foot high opaque privacy fence incorporated into the landscape buffer along the parking area. The privacy fence may minimize impacts to the adjoining property. Staff has reviewed the application in regards to Section 125486 of the Land Development Code. Since the cabanas and the historic home will be used as a short term rental project, the project is viewed similar to a hotel and parking exceeds the minimum. The project would provide transient accommodations within the downtown area for guests to stay overnight. Development of the project would still be required to meet the zoning requirements of the Central Business District except for the specific conditions in the PUD. Staff recommends approval of Ordinance No. 2023-021. The Planning and Zoning Commission unanimously recommended approval, 7-0. The applicant, Darren Johnson, stated that the downtown area is underserved for short term overnight accommodations. Mr. Johnson believes they have met all requirements that city staff has asked for. Mayor Murry opened the public hearing. Brian Bain, 3578 Wind River Run — expressed support of the project. Charlene Forth, 939 W Desoto St. — expressed opposition to the project. Keith Mullins, 640 Drew Ave. — expressed support of the project. Jeff Powell, 713 W. Montrose St. — spoke in support of the project. Patrick Bianchi, 752 W. Montrose St. — spoke in support of the project. Ronaldo Camargo, 1212 S. Grand Hwy.— spoke in support of the project. Otis Taylor, 3686 Caladesi — spoke in support of the project. Mayor Murry closed the public hearing. Council Member Pines asked City Attorney Mantzaris to clarify for the record that she does not need to abstain from voting on this item because of a real estate transaction last year. City Attorney Mantzaris stated that the voting conflict statute applies to current and existing relationships between any appointed official and the applicant. Since the relationship with Mr. Johnson was a year ago it is not currently in effect and Council Member Pines does not have a voting conflict on this item. Council Member Purvis stated that this project is an outstanding example of infill and a good use of an existing property. There was discussion on the parking spaces being tight to which Mr. Johnson stated the only way to make bigger parking spaces would be to take a foot of space away from the landscape buffer for each spot. Council Member Purvis spoke about the history of the Mulberry building and wants to see a plaque put up on the property to commemorate the Mulberry Inn. Mr. Johnson stated that he was willing to do the plaque. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 27, 2023 Council Member Entsuah stated that he was supportive of the project and asked what the Mulberry Building was going to be used for. Mr. Johnson said that the building has three bedrooms and will be rented out as one unit like the cabanas. Council discussed timeframes on which someone could rent out the cabanas. Council Member Purvis asked Mr. Johnson if he would agree to a stipulation in the ordinance that limits the rental time to not exceed 60 consecutive days. Mr. Johnson agreed. Council Member Purvis moved to accept Ordinance No. 2023-021 with the two amendments number one beine a memorial plauue and two being a 60 day maximum rental; Seconded by Council Member Entsuah. The motion passed by roll call vote 5-0. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING June 27, 2023 ADJOURN: With no further comments, this meeting adjourned at 8:13 pm. Tracy Ackroyd Howe, MMC City Clerk 6 APPROVED: Tim Murry, Mayor