09.12.2023 - City Council MinutesCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 12, 2023
CALL TO ORDER
The City Council met in a regular meeting on Tuesday, September 12, 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 Entsuah, Pines, Gonzalez and Purvis.
Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and City Clerk Howe.
INVOCATION AND PLEDGE OF ALLEGIANCE
A moment of silence was followed by the Pledge of Allegiance.
PROCLAMATIONS
City Clerk Howe read three (3) proclamations aloud.
Constitution Week, Marcelaine Lewis accepted the proclamation. Ms. Lewis, Regent of the Tomoka
Chapter, expressed appreciation for the proclamation.
Childhood Cancer Awareness Month, Jessica Messer accepted the proclamation. Ms. Messer expressed
appreciation to the city for bringing awareness to the community.
National Ballroom Dance Week, Alberto Hoyos accepted the proclamation. Mr. Hoyos expressed
appreciation for the proclamation.
PUBLIC COMMENTS
Stephen Franklin, President of Chain of Lakes Foundation, 378 12°i Street - expressed concern regarding
building a parking lot at the lakefront.
Vincent Neimic, 4569 Barrister Drive - thanked Council and staff for the 9/11 ceremony.
Chandra Myers, 1040 Glenraven Lane - spoke on protecting the lakes.
Charlene Forth, 939 W. Desoto Street - spoke regarding waterfront and parking lot.
RE_ P
CITY MANAGER REPORT
• Wine Stroll on Friday, September 15.
• September 19 will be a community visioning workshop at the Clermont City Center to update
codes.
• Thanked the Police Department and Fire Department for the 9/11 ceremony.
CITY ATTORNEY REPORT -
No report.
CITY COUNCIL REPORT
Council Member Purvis -
• Attended the 9/11 ceremony, it was well attended and organized.
• Attended funeral service for George Hovis, long time attorney in the city.
Council Member Entsuah - No report.
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REGULAR COUNCIL MEETING
September 12, 2023
Council Member Pines —
• Expressed appreciation to Police Chief and Fire Chief.
Council Member Gonzalez — No report.
Mayor Murry —
• Attended the Police Department Promotion Ceremony.
• Today is National Police Women's Day.
• Mayor's lunch was held last week at Amore's.
• 9/11 ceremony was amazing and one of the best he has attended.
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 — Plat Approval
Item No. 2 — Resolution No. 2023-030R
Item No. 3 — Clermont Police Officer Local 6013
And Sergeants 6014 Collective Bargaining
Agreement Amendment.
Item No. 4 — Term Contract Award
Fireworks Display Services
Item No. 5 — Piggyback Term Contract
Sports Lighting
Item No. 6 — Resolution No. 2023-035R
McKinney Park
Item No. 7 — Resolution No. 2023-038R
New Beginnings of Central Florida
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Consider plat approval of phase 3 of the
Shoppes at Hammock Ridge Crossing located
between US 27 and Hammock Ridge Road near
the intersection.
Consider approval of Fiscal Year 2023 Budget
Amendment to the Capital Projects Fund,
ARPA Fund, Water Fund, Sewer Fund and
Stormwater Fund.
Consider approval of the first amendment to the
Police Officer Union CBA for the period
October 1, 2020 - September 30, 2024, Article
31 Wages.
Consider approval to award term contract to
Four Seasons Display, Inc.
Consider approval to piggyback the Sourcewell
term contract with Musco Sports Lighting,
LLC. to provide equipment, maintenance
services and installation.
Consider approval of the contract to purchase
in the budgeted amount of $624,000, paid by
park impact fees.
Consider approval of a Utility Easement
Vacation Request, Alternate Key No. 3801361.
City of Clermont
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REGULAR COUNCIL MEETING
September 12, 2023
Item No. 8 — Event and Event Road Closure Request Consider the event with road closures (parade),
Veteran's Day on City property on November 11, 2023 at
West Park and continue to Waterfront Park.
Item No. 9 — Clermont Main Street Harvest
Festival and Hometown Holiday Event and Road
Closure Request.
Item No. 10 — Election Results Acceptance
Consider approving two (2) events with road
closures on October 28, 2023 from 8am to 6pm,
and November 11, 2023 from 12pm to 9pm.
Acceptance of the results for the Municipal
Primary Election held on August 22, 2023 for
Seat No. 4.
Council Member Pines moved to approve Consent Agenda Items 1-10: Seconded by
Council Member Purvis. Passed unanimouslv 5-0 with all members present voicine ave.
UNFINISHED BUSINESS
Item No. 11 — Joint Planning Area (JPA) Review, Green Mountain/Old SR 50 PUD
Development Services Planning Manager Kruse stated that city staff is requesting comments from the City
Council regarding a proposed project within the Joint Planning Area (JPA) being considered in Lake
County. The project, Green Mountain Planned Unit Development, consists of 123 vacant acres located
along Old Highway 50, south of the turnpike, north of Plaza Collina, east of CR 455 and west of the Orange
County line. The applicant, Thomas Daly (Daly Design Group), has proposed the development of 192 single
family residential homes and 342 multifamily units for a total of 534 dwelling units. The applicant is
requesting to change the existing Future Land Use Designation in Lake County from 4 dwelling units per
acre up to 12 dwelling units per acre. The development application also includes a rezoning request to
(PUD) Planned Unit Development. The applicant will be requesting water and sewer service from the City
of Clermont.
The applicant is requesting several waivers within the PUD, which would waive JPA requirements. Staff
has identified items within the PUD that do not meet the JPA requirements. The Clermont JPA requires a
minimum 75-ft lot size for single family homes. The proposed development is requesting 50 foot lots. In
addition, a PUD conceptual plan showing the layout of the project has not been submitted and additional
items may not meet the Clermont JPA, such as right-of-way width and minimum lot sizes. Staff is
requesting your comments and recommendations for this project. These comments will be forwarded to
Lake County Planning and Zoning and the Lake County Board of County Commissioners. Staff is not in
support of this project since it does not meet the JPA standards.
Rick McCoy was present on behalf of the applicant and is available for questions.
Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing.
City Manager Bulthuis clarified that this is an application going forward in Lake County, the project is next
to the City of Clermont. The applicants are requesting water and sewer service which the city has not
approved. There has not been formal application with density and usage as the document submitted by the
applicant was incomplete.
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Discussion ensued on the city's water system being able to handle this project. The applicant is not
requesting annexation into the city, only request is for utilities.
Council asked for clarification on the incomplete state of the application. Mr. McCoy explained that the
applicant is asking for a zoning change to have guidance on how to proceed with the project. With the city
having a JPA agreement, the applicant would return to Council with the proposed finished project.
Annexation requests were discussed on properties that get approval from the County to build and then
request utilities from the city. The City Council would like applicants to request utilities from the city prior
to approval from Lake County.
Mr. McCoy asked the Council for comments on what they would like to see in order to receive a positive
recommendation.
City Attorney Mantzaris stated that the application before Council is for a recommendation and cautioned
on redesigning the project.
City Attorney Mantzaris stated that staff's recommendation was to tell the County you are opposed to the
application based on the facts that staff presented in their memo.
Council Member Purvis motioned approve staff s recommendation: Seconded by Council
Member Gonzalez.
City Attorney Mantzaris clarified that approving staff s recommendation was conveying to the
county that council objects to the rezoning application.
Passed unanimously 5-0 with all members present voicine ave.
NEW BUSINESS
Item No. 12 — Variance Request, Valor Lakes
Development Services Director Henschel presented the item. The applicant, Valor Lakes, is requesting a
variance to allow for a 264 square foot wall sign, which exceeds the maximum 200 feet permitted by the
Land Development Codes, Section 117-15. The subject property is located at 12626 US Highway 27, and
the current zoning is Planned Unit Development (PUD). The PUD allows C-2 General Commercial
permitted uses. The signage for the PUD must comply with the Clermont Codes, Chapter 117-15 Permitted
Signs.
The request for the larger wall sign with a 264 square foot area may be considered out of character with
other similar signs in the same zoning category. The proposed signage would be 64 square feet over the
maximum permitted for primary wall signs. The code allows a maximum 200 square foot copy area which
has proven adequate to protect and maintain visual integrity of roadway corridors within the city.
Section 101-246 of the Land Development Code requires a positive finding on all the review criteria and
findings in order to grant a variance; the application has been reviewed as presented and the application
does not meet a positive finding on all the review criteria. Therefore, staff recommends denial of the
variance request to the Land Development Codes.
The applicants Colin Myers and Scott Homan were present. Mr. Myers gave a summary of his company
and how they help veterans. Mr. Homan stated that the building is canted in a southern direction and is
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September 12, 2023
challenging to see. The proposed signage will be more visible.
Mayor Murry opened the public hearing.
Charlene Forth, 939 W. Desoto Street - spoke in opposition.
Anthony Grove, 1105 Sadie Ridge Rd. - spoke on adhering to the standards.
Charlene Forth, 939 W. Desoto Street — spoke about application fees.
Mayor Murry closed the public hearing.
Council discussed reducing the size and alternatives to the lettering. A consensus was made that the sign
code needs more clarification and council has been strict on sign variance applications.
Development Services Director Henschel informed Council on the alternatives they offered the applicants
for their sign. Council suggested that the applicants work with city staff and return to Council at a later
date.
Council Member Purvis motioned to table the item to October 10 to allow annlicant to
work with staff: Seconded by Council Member Gonzalez. Passed unanimously 5-0 with all
members present voicine ave.
Item No. 13 — Resolution No. 2023-023R, Volkswagen of Clermont CUP
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN
AUTOMOTIVE SERVICES AND SALES USE, AND A BUILDING OVER 20,000
SQUARE FEET IN THE C-2 GENERAL COMMERCIAL DISTRICT; PROVIDING
FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF
SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE.
City Clerk Howe read the title aloud.
Development Services Planning Manager Kruse presented the item. The applicant, Merideth Nagel, Esq.,
is requesting a Conditional Use Permit (CUP) to allow for automotive services and sales use and a building
over 20,000 square feet in the C-2 General Commercial District. The property is located northwest of the
US 27 and SR 50 intersection. The future land use is Commercial and the property consists of 8.6 +/- acres.
The site is currently vacant and it used to have direct access to US 27 from Highland Avenue, which was
closed due to the construction of the improved interchange at US 27 and SR 50. The primary access points
to the site are Millholland Street and Almond Street, with a secondary access point from the frontage road
via Highland Avenue. The property was formerly the site of the Clermont Motor Lodge and EMS station.
This area has been undergoing a transformation from residential uses to commercial uses over the last
several years.
The applicant is requesting the site to be used for a Volkswagen dealership. The dealership will utilize
approximately 6 acres of the southern portion of the site and the northern 1.9 acres will be donated to the
City of Clermont. To the north is vacant commercial, east is US Hwy 27, south is the Crown Lounge and
Wendy's, to the west is an Electrical Substation, 40 ft. unimproved Right of Way (ROW), professional
offices and residential. In addition, the applicant has acquired the '/2 acre site adjacent to Wendy's and
would like to use this site for a display area that fronts on SR 50. The applicant has requested a slight
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increase in the glass display box square footage from 300 square feet to 330 square feet.
The applicant has conducted a Traffic Impact Analysis (TIA) that indicated traffic from the proposed use
would generate less than 100 peak hour two-way next trips, which would classify it as a Tier 1, de minimis
impact, and no operational improvements were identified. The current road access points were studied
through field investigations as well for physical load demands placed upon the existing road network and
it was concluded that several of the roads needed additional improvements. The applicant has agreed to
fully fund and improve these road segments, consisting of a partial rebuild of Bloxam Avenue and Almond
Street along with overlays of Millholland Street and Almond Street as well. These improvements will
provide the necessary road support for the dealership operation along with users in the vicinity.
In reviewing a conditional use permit application, Section 101-212 (c) of the Land Development Code lists
the general criteria for granting a conditional use permit. The granting of this conditional use permit is
consistent with the Commercial Future Land Use designation in the comprehensive plan. The proposed use
will not be detrimental to the health, safety or general welfare of persons residing or working the vicinity.
The applicant is improving the current conditions of the road network, which would be an improvement to
those residing or working in the area. The proposed use will comply with the regulations of the Land
Development Code, such as landscaping, architectural guidelines, and stormwater retention. This particular
location has experienced the loss of a direct US 27 access point via Highland Avenue, in which has made
it challenging for commercial projects to be viable at this location. The proposed dealership would be a
destination for specific users and this particular location would be considered desirable. Staff has reviewed
the application and supporting material and recommends approval of Resolution 2023-023R with the added
change from 300 square feet to 330 square feet. The Planning and Zoning Commission recommended
approval, 6-0.
Meridith Nagel was present on behalf of the applicant. Ms. Nagel stated this can be a difficult site because
of the access issues although the dealership will work well at that location. The previous proposal for this
site was for 56 Townhomes, the dealership will be less intensive than that project.
In order to serve the community the dealership has agreed to do a complete rebuild at Bloxam Avenue, all
the way to Almond Street and continue with an expansion at Almond Street intersection and additional
overlays and restriping. The dealership is proud to provide financial support to benefit the community.
Mayor Murry opened the public hearing.
Stephanie Harding, 272 Nautica Mile Drive, representing Crown Lounge — in support of the dealership,
expressed concerns regarding traffic flow and access points.
Charlene Forth, 939 W. Desoto Street — expressed concern regarding roads.
Mayor Murry closed the public hearing.
Council Member Purvis gave his thoughts on this parcel and stated that the road repairs will be
approximately $1 million that the applicant is paying for and relieves the city of spending money to repair
the roads.
The topic of timeframes and routes of vehicle deliveries was discussed. Deliveries occur a couple times a
week and the applicant expressed their willingness to change delivery times if that is a concern.
Discussion ensued regarding the location of the sign on SR 50. The project Engineer, Mitch Collins, stated
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that the sign for Crown Lounge is adjacent to the Right of Way and sits on SR 50. The dealerships displays
will be set back and will be far beyond the Crown Lounge sign. The intent is not to be next to their sign.
Mayor Murry disclosed he met with the application.
Council Member Purvis disclosed he had 2 (two) telephone conversations with the applicant's attorney.
Council Member Pines disclosed that she spoke with the applicant previously.
Council discussed their support of the project with Council Member Pines expressing her reserves with the
location and stating she is not in support.
Council Member Purvis motioned to accent Resolution 2023-023R as presented with
additional language to be developed by staff and applicant concerning delivery times and
signage: Seconded by Council Member Entsuah. Passed 4-1 with Council Member Pines
opposing.
Item No. 14 — Real Property List, FL SB 102
Development Services Director Henschel explained that this item is in response to new state legislation. In
March 2023, Senate Bill 102 became law with a majority of the bill covering the Live Local law that Florida
counties and cities will be soon following. Within the bill is a requirement for municipalities to create a
resolution and post a list of city -owned property that would be appropriate for use as affordable housing.
Staff provided council with a list of city -owned properties that could be used for such use. The city has one
parcel on Max Hooks Road that is 45 acres. Once reviewed and approved by the City Council, a resolution
will come before City Council and will be posted on the city website.
Mayor Murry opened the public hearing.
Charlene Forth, 939 W. Desoto Street — asked for explanation on FL Senate Bill 102.
Mayor Murry closed the public hearing.
City Manager Bulthuis explained that there is a provision within the bill that all cities and counties have to
look at every property they own and determine if it would be appropriate for affordable housing. When city
staff reviewed this, the only piece of property was on Max Hooks Road. The County has to look at all its
property as well. If this is approved by Council, staff will return with a resolution and publish on the website
so developers can see any properties that could be used for affordable housing. This property has a lot of
wetlands and somewhat of a landfill. Staff s recommendation is that there is a possibility they could take a
small portion of it.
City Attorney Mantzaris clarified that the interpretation of the bill is that it only applies to properties not
otherwise designated for a particular purpose.
State Representative Taylor Yarkosky was invited to the podium to speak on the FL Senate Bill 102. Mr.
Yarkosky stated that this bill is a work in progress. He was not involved in any capacity of this bill but is
committed to be a part of figuring it out.
Council Member Purvis moved to approve staff s recommendation: Seconded by Council
Member Entsuah. Passed unanimously 5-0 with all members present voicing ave.
Item No. 15 — Ordinance No. 2023-027, Parking Code Introduction
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City of Clermont
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REGULAR COUNCIL MEETING
September 12, 2023
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 115 — PARKING AND VEHICULAR USE
AREAS; PROVIDING FOR CONFLICT, SEVERABILITY; CODIFICATION; THE
ADMINISTRATIVE CORRECTION OF SCRIVENERS ERRORS, RECORDING,
PUBLICATION AND AN EFFECTIVE DATE.
City Clerk Howe read the title aloud.
Council Member Entsuah moved to introduce Ordinance No. 2023-027: Seconded by
Council Member Pines. Passed unanimously 5-0 with all members present voicing ave.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
September 12, 2023
ADJOURN: With no further comments, this meeting adjourned at 8:36pm.
APPROVED:
Tim Murry, Mayor
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ATTEST:
Tracy Ackroyd Howe, MMC
City Clerk