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08.13.2024 - City Council MinutesCity of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2024 CALL TO ORDER The City Council met in a regular meeting on Tuesday, August 13, 2024 at 6:30pm in the Clermont City Council Chambers. Mayor Murry called the meeting to order at 6:30pm with the following Council Members present: Council Members Gonzalez, Howard, Myers and Pines. Other City officials present were City Manager Bulthuis, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE Observed a moment of silence followed by the Pledge of Allegiance. PUBLIC COMMENTS Paula Hoisington, 564 Desoto Street — expressed gratitude for staff showing her how to access the agenda online and for the grass being mowed on the construction site in her neighborhood; she asked if the timeframe for them to comply could be shorter. Inquired about a stop light at the intersection of US Highway 27 and Wellness Way. Sandy Minkoff, AARP program - thanked staff on behalf of the program for the usage of the Arts and Recreation Center. Provided a brief overview on the program. Mayor Murry thanked Mr. Minkoff for the work he does with AARP. City Manager Bulthuis informed Council that there would be a stoplight placed at US Highway 27 and Wellness Way. The expectation is to have it placed by spring 2025. Mayor Murry addressed the grass on the construction site and stated that the timeframe of six months was for construction, during that time they would still need to maintain the grass. Ms. Hoisington asked for clarity on the timeframe regarding work done in six months. City Attorney Mantzaris explained that the contractor has to have an inspection finalized every six months to show that the project is moving forward. AGENDA CHANGES City Manager Bulthuis informed the Council of the following agenda changes: Item No. 19 — Ordinance No. 2024-033, Code Enforcement Amendment Final AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS", ARTICLE II -CODE ENFORCEMENT", DIVISION 4 "SUPPLEMENTAL CITATIONS", SECTION 1-130 "APPLICABLE CODES AND ORDINANCES"; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Manager Bulthuis informed the Council this item has been withdrawn. REPORTS CITY MANAGER REPORT City Manager Bulthuis — No report. City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2024 CITY ATTORNEY REPORT City Attorney Mantzaris — No report. CITY COUNCIL REPORT Council Member Howard — No report. Council Member Myers — • Recognition of the Olympians from Clermont. City Manager Bulthuis stated that staff has reached out to the coaches and is waiting for a response. Council Member Pines — • Attended the inaugural Clermont Police Department Citizens Academy. • Attended the Lake County Florida League of Cities luncheon where Congressman Webster spoke. • Honored to attend Deputy Links service on Saturday. Council Member Gonzalez — • Attended the Lake County Florida League of Cities luncheon. • Will attend the Florida League of Cities conference in Hollywood, Florida this week. • Attended the Celebration of Life for Deputy Link. • Attended the Lake County Board of County Commissioners meeting. Toured the County Emergency Operation Center and 911-dispatch call center. Mayor Murry — • Attended the Lake County Florida League of Cities luncheon. • Mayor's luncheon was last Tuesday and had a good turnout. • Attended the inaugural Clermont Police Department Citizens Academy. City Manager Bulthuis informed Council that the Citizens Academy would begin on October 2 and for six weeks. • Will attend the Florida League of Cities conference in Hollywood, Florida this week. 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 — Contractor Transfer of Liability Investment Advisory Services 2 Consider approval of the July 9 and July 10, 2024, Budget Workshops and the July 23, 2024, Meeting Minutes. Consider approval of contractor name change from PFM Asset Management, LLC to U.S. Bancorp Asset Management, Inc. City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2024 Item No. 3 — Resolution No. 2024-029R Budget Amendment Item No. 4 — Resolution No. 2024-030R Capital Expenditures from Debt Issuance Reimbursement Consider approval of the resolution to amend the Fiscal Year 2024 budget. Consider the declaration of the City's intent to seek reimbursement from tax-exempt obligations for the Fire Station No. 2 Project not to exceed $15 million. Item No. 5 — Retirement Plan Actuarial Valuation Consider approval of the Florida Municipal FMPTF Closed Plan Pension Trust Fund Retirement Plan for General Employees. Item No. 6 — Auditor Selection Committee Item No. 7 — Grant Submittal Approval Florida Department of Environmental Protection Item No. 8 — Federally Funded Subaward and Grant Agreement Hurricane Idalia Item No. 9 — License Agreement Item No. 10 — Boys and Girls Club of Central Florida Rental Agreement Consider appointments to the Auditor Selection Committee. Consider the request to submit 4 applications for a Trail -Go Grant. Consider approval of the revised Subaward and Grant Agreement for DR 4734 —Hurricane Idalia. Consider approval of agreement for a Lake Minneola Monitoring Site. Consider approval of the Facility Use and License Agreement Renewal of the Arts and Recreation Center. Item No. 11— Facility Use and License Agreement Consider approval of agreement to allow Lake Sumter State College usage of the Black Box Theater at the Arts and Recreation Center. Item No. 12 — Veterans Day Event and Road Closure Request Consider approval of South Lake Florida Base Submarine Veterans Day Event and Parade, with Road Closures on November 11, 2024. Item No. 13 — Main Street Oddities and Stranger Consider road closure request of 8th Street Things Market Road Closure Request between W. Minneola and W. Montrose on Saturday, September 14, 2024, from 2pm -1 Opm. City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2024 Item No. 14 — Main Street Events Revised Road Consider expanding the street closure request Closure Request of Lake Avenue between Montrose and Minneola for the Harvest Fest on October 19, 2024, from 7:00am to 6:00pm and Hometown Holidays on November 16, 2024, from 7:00am to I0:00pm. Council Member Howard pulled Consent Agenda Item No. 3 and Item No. 4 for further discussion. Council Member Gonzalez moved to approve Consent Agenda Items 1-2. and 5-14 as Dresented: seconded by Council Member Howard. Passed unanimously 5-0 with all members present voicing ave. Item No. 3 - Resolution No. 2024-029R, Capital Expenditures from Debt Issuance Reimbursement Council Member Howard stated there was confusion regarding the amendment and a presentation would have been helpful. Council needs to have a conversation regarding unrealized revenue within the budget. Council Member Howard moved to aDDrove Consent Agenda Item 3 as Dresented: seconded by Council Member Gonzalez. Passed unanimously 5-0 with all members present voicing ave. Item No. 4 — Resolution No. 2024-030R, Capital Expenditures from Debt Issuance Reimbursement Council Member Howard stated that this is the debt issuance for Fire Station 2 and he does not support the location therefor will not support the item. Council Member Pines moved to aDDrove Consent Agenda Item 4 as Dresented: seconded by Council Member Gonzalez. Passed 4-1 with Council Member Howard oDDosing. UNFINISHED BUSINESS Item No. 15 — Ordinance No. 2024-022, ISBA Amendment Final AN ORDINANCE OF THE CITY OF CLERMONT ADOPTING AN AMENDMENT TO THE 2010 INTERLOCAL SERVICE BOUNDARY AGREEMENT BETWEEN LAKE COUNTY, THE TOWN OF MONTVERDE, THE CITY OF MINNEOLA, THE CITY OF CLERMONT AND THE PINE ISLAND COMMUNITY DEVELOPMENT DISTRICT PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Development Services Director Henschel presented the item. In 2010, the Town of Montverde, City of Clermont, City of Minneola, Pine Island Community Development District and Lake County, entered into an Interlocal Service Boundary Agreement ("ISBA") pursuant to § 171.203, Florida Statutes. The principal goal of an Interlocal Service Boundary Agreement is to encourage neighboring local governments to determine how to provide services efficiently and effectively to residents and property. The intention is to promote and encourage intergovernmental coordination in planning, service delivery, and boundary adjustments with the goal of creating boundaries that reduce the costs of local governments and avoid duplicating local services. Ordinance 2024-022 approves an amendment to the 2010 Interlocal Service Boundary Agreement, extending the term to September 30, 2043. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2024 Most significantly, the amendment provides that throughout the term of the Interlocal Service Boundary Agreement the Ferndale Special Area shall not be developed at a density greater than its current entitlement, which is one (1) dwelling unit for five (5) net acres. Additionally, and specifically to the City of Clermont, this amendment would extend the City's agreement not to annex property north of the Turnpike until September 30, 2043. Mayor Murry opened the public hearing. There were no comments. Mayor Murry closed the public hearing. Council Member Howard moved to avvrove Item No. 15, Ordinance No. 2024-022. ISBA Amendment Final; Seconded by Council Member Pines. The motion vassed by roll call vote 5-0. The next three items were presented together and voted on separately. City Clerk Howe read the titles aloud of Ordinance No. 2024-027, Ordinance No. 2024-028 and Ordinance No. 2024-029. Item No. 16 — Ordinance No. 2024-027, Bongard Estates Annexation Final 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. 17 — Ordinance No. 2024-028, Bongard Estates SSCPA Final 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 AN EFFECTIVE DATE. Item No. 18 — Ordinance No. 2024-029, Bongard Estates Rezoning 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, PUBLICATION AND AN EFFECTIVE DATE. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2024 Development Services Planner Kruse presented these three items. The items will deal with a vacant 19-acre parcel located on Hartwood Marsh Road, east of Hancock Road, which is surrounded by subdivisions: Linwood to the east, Southern Fields to the south, and Regency Hills to the west. The property is located in Lake County and historically been used for agriculture. The applicant, Sloan Engineering Group, is looking to develop the property into a single-family subdivision. The applicant is requesting voluntary annexation into the City in order to receive City services. The parcel is adjacent to the City limits on three sides. The City is able to provide adequate services for the proposed development and the annexation is consistent with Florida Statutes since the property is contiguous and considered an infill development. Staff recommends approval of Ordinance No. 2024-027. The property is currently designated as Urban Low Density within Lake County. This future land use permits up to four dwelling units per acre. As part of annexing into the City, the applicant is requesting a future land use of Low Density Residential. This would permit up to three dwelling units per acre. The Low Density Residential future land use is consistent with the surrounding designated land uses and current development patterns in the area. This amendment would be an overall reduction in density compared to the property developed within Lake County. Staff recommends approval of Ordinance No. 2024-028. The Planning and Zoning Commission recommended approval 4-0. The applicant is requesting a change in zoning from Lake County Agriculture to Clermont R-2 Medium Density Residential. The R-2 Medium Density Residential will allow for the construction of a subdivision with 51 single-family lots. Under the R-2 zoning, the Land Development Code requires a minimum lot area of 7,500 square feet with a 75-foot lot width at the building setback line. The project, as proposed, can meet the R-2 land development regulations and no variances requested. The applicant has provided a Traffic Impact Analysis prepared by the Traffic Planning and Design Group. The development is proposing one full access point off Hartwood Marsh Road and must comply with any traffic mitigation requirements, such as installation of turn lanes. The Lake County School Board has reviewed the request and has determined that the subdivision would generate approximately 16 student seats, which they consider a de minimus impact on the school district. The property is adjacent to public utilities, and the City has sufficient capacity to serve. The density is consistent with the existing and surrounding lot sizes and meets the Joint Planning Agreement requirements. The project, as designed, can meet the R-2 land development regulations and has no conflicts with the Comprehensive Plan has been identified. Therefore, staff recommends approval of Ordinance No. 2024- 029. The Planning and Zoning Commission recommended approval 4-0. Steve Sloan, Sloan Engineering Group, was present. This is an infill project and will be in similar fashion to the surrounding area. Have done preliminary design, site work and drainage work. He requested approval and is available for any questions. Mayor Murry opened the public hearing. Samii Yakovetik, Hartwood Reserve- expressed concern with the rezoning and requested large lot estate homes. Ms. Tracy Covey, 4452 Linwood Trace Lane — expressed the need for a boundary/buffer between construction and existing subdivision. Mayor Murry closed the public hearing. Council Member Gonzalez inquired about turn lanes into the development from Hartwood Marsh Road. City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2024 Hartwood Marsh Road is a County Road and ultimately that it a County decision. The City Engineer reviewed and recommended right and left turn lanes. Mr. Sloan stated explained that they have done upfront work and completed a traffic study. The applicant will construct left and right turn lanes if needed and intends to dedicate Right of Way to the County for future improvements to Hartwood Marsh Road. Discussion ensued regarding buffers between the property and neighboring properties. There was talk regarding this being a gated subdivision. There is no plan at this time, if that becomes something they would like to do then they will come before Council for a variance. Council Member Pines moved to approve Item No. 16. Ordinance No. 2024-027, Bonnard Estates Annexation Final; Seconded by Council Member Myers. The motion passed by roll call vote 5-0. Council Member Pines moved to approve Item No. 17. Item No. 17 — Ordinance No. 2024- 028. Bongard Estates SSCPA Final; Seconded by Council Member Myers. The motion passed by roll call vote 5-0. Council Member Pines moved to approve Item No. 18, Ordinance No. 2024-029, Bongard Estates Rezoning Final, Seconded by Council Member Myers. The motion passed by roll call vote 5-0. Item No. 19 — This item has been withdrawn. NEW BUSINESS Item No. 20 — Variance Request, Culver's Restaurant Development Services Director Henschel presented the variance. The applicant is requesting a variance to allow additional signage located at the Culver's restaurant, 1431 Johns Lake Rd. The property fronts Highway 27 and zoned for Planned Unit Development. The applicant recently installed additional signage on a dumpster enclosure located behind the restaurant building, which is not in conformance with Section 117, Signs. The applicant is seeking this variance request in order to keep the sign in place. The current allowable wall signage is already on the existing restaurant building. The size of the dumpster enclosure wall sign is approximately 160 square feet, which is approximately 20 feet wide and 8 feet high. The applicant has indicated on the variance application that this is a mural. Staff have also reviewed this application under the City's sign code section for murals, Section 117-26. The main issue is that the property is not located in the Central Business District, and murals are not permitted outside the Central Business District. If the parcel was located within the Central Business District, the sign would be considered a mural, but would not be permitted to have the advertisement name of "Culver's" painted on it. Section 101-246 of the Land Development Code requires a positive finding in the Review Criteria and Findings in order to grant a variance. Staff has reviewed the application as presented and finds the application does not meet a positive finding on the review criteria. Therefore, staff recommends denial of the variance request to the Land Development Code. The applicant, Mr. Montez, was present and requested approval for the mural. He regrets not seeking a variance and being unaware of the process. The mural shows the spirit and culture of Clermont. Many have taken photos and it offers a platform for local artists. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2024 Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street — spoke in opposition to the request. Samii Yakovetik, Hartwood Reserve — spoke in opposition to the request. The mural can distract drivers on US Highway 27. Robert Mock, 270 Division Street — spoke in favor of the request. Cannot see the mural from US Highway 27 Requested consideration for the variance request. Jason Imeidopf, 427 Brimming Lake Road- spoke in favor of the request. The applicant collaborates with the community and first responders and appreciates Clermont. Mayor Murry closed the public hearing. Mayor Murry closed the public hearing. Council Members Pines and Myers believes this is a sign and it violates the code. Mayor Murry agrees with staff however, there is a need to look at broadening our murals in town. City Manager Bulthuis stated that staff is not currently planning to widen the mural ordinance. Staff will go in that direction if that is the consensus from Council. Council Member Myers would be in favor on dumpsters as long as it does not interfere with traffic. Council Member Howard is not in support as a citywide initiative. Council Member Pines moved to denv Item No. 20. Variance Request, Culver's Restaurant; seconded by Council Member Mvers. Passed unanimouslv 5-0 with all members present voicins ave. Item No. 21— Resolution No. 2024-023R, 300 E. Highway 50 CUP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR SEVERAL FOOD TRUCKS TO OPERATE AT 300 E. HIGHWAY 50, LOCATED IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Development Services Director Henschel presented the item. The applicant is requesting a conditional use permit to allow the operation of food trucks at 300 E. Highway 50. Food truck use, other than for special events, requires an approval of a conditional use permit. Mr. Rosenberg has had several food trucks operating within his property for many months without a conditional use permit in place. Code Enforcement cited the applicant for operating food trucks without an approved conditional use permit CUP). The applicant has since applied for a CUP to keep the food trucks in operation within the site. The property currently has a future land use of Office along with split zoning of R-2 Medium Density Residential and C-2 General Commercial zoning. The applicant currently has two food trucks and an event area as a permanent use within an existing fenced area on the west end of the property. In reviewing an application for a conditional use permit, Section 101-212 (c) of the Land Development Code is consulted. City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2024 This section of the code specifically looks at four items for review: (1) granting the conditional use permit will not adversely affect the officially adopted comprehensive plan of the city; (2) Such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity; (3) The proposed use will comply with the regulations and conditions specified in the codes for such use; and (4) The proposed use may be considered desirable at the particular location. A review of the application and supporting material indicates that staff is unable to support the applicant's request. Primarily, the property has a future land use designation of Office. Under the Comprehensive Plan, the Office Land Use Category described in Objective 1.8: Office Land Use Category. "The office category is established to provide for office uses in areas that transition to residential neighborhoods. Uses allowed in addition to offices are supportive accessory uses, churches and schools as conditional uses, minor public utilities, parks and open space, municipal facilities and other civic and cultural uses subject to standards and performance criteria set forth in this plan and in the land development regulations." The proposed food truck use is considered retail and not office. Therefore, granting the conditional use permit would be in conflict with the City's Comprehensive Plan. Even though the applicant's property is zoned C-2 General Commercial, the underlying land use does not allow this type of use. The proposed food truck use at this location also has some other challenges as well that have not been fully addressed. This use is being added to the property when an existing use is already present. The existing building is used for office use. The building is approximately 3,627 square feet, based upon the property appraiser's information. The City's parking requirement for office is 1 per 200 square feet. This equates to 19 parking spaces for the current office use. The parking estimate used for the proposed food truck use is also one space per 200 square feet of event space. This was the calculation used for a food truck proposal earlier this year and is based upon what other jurisdictions have used. The food truck event area is 3,210 square feet, as based upon the site sketch. This would then require 17 parking spaces. The total spaces required within the property would then be 36 parking spaces. On the site sketch, it shows that the property currently has 22 parking spaces, in which City staff has not confirmed or agreed with, especially since space 13 is not a valid space. The applicant has indicated that the demand for parking for the current real estate business has diminished; therefore, enough parking is available. Staff has concerns with having sufficient parking available along with no handicap parking and the site meeting ADA accessibility for this use. The applicant has indicated that electrical outlets be installed to limit the use of gas and propane during the operation of the food trucks and to allow the food trucks to keep their cooling systems working when they are not in use and stored on the property. The applicant has indicated that trash would be removed from the property daily by each food truck vendor, and that used cooking oils and a biodiesel production company will collect grease. The applicant has indicated the sites would be rented with a 30-day agreement and plans to add lights, two flags and remove the existing screening on the fence to increase visibility. The food trucks will essentially operate at this location as a traditional take-out restaurant with some outdoor seating and when not in use, a storage facility. Staff does have proposed language for the operation of food trucks. This operation however would not comply with the proposed language. In the proposed language, staff would allow one food truck per parcel with a four -day maximum stay. There would be no outdoor dining area allowed and no additional signage permitted on site. There would also be no connection to a permanent power supply. The intent of the ordinance would be for food trucks to be temporary. With the absence of specific land development regulations addressing food truck use, City staff can only analyze the proposal based upon other requested food truck applications and note any concerns. Staff is unable to support the applicant's request due to conflict with the City's Comprehensive Plan, inadequate site design criteria, and the clear ability to document this use at this location is desirable and not a detriment. City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2024 Therefore, staff recommends denial of Resolution No. 2024-023R. The Planning and Zoning Commission recommended approval, 4-0. The applicant, Harvey Rosenberg, was present. He stated that in 2019 the site was approved for enclosed trailer storage. In December of 2023, he brought food trucks on the property. For nine months, the food trucks have operated with no issues. The city does not have a code or law being violated. There has been an average of 2.25 trucks a month. All food trucks are licensed and insured and pass inspections. This county has approved food trucks on multiple properties in the past. There is no issue with the current parking on the property and it is sufficient Mayor Murry opened the public hearing. Charlene Forth, 939 W. Desoto Street — spoke in opposition. Urged Council to stick to the rules. Trista Foust, 1727 Chickadee Way — residents enjoy the food trucks. This is a small business opportunity. Val Kelly, Sandra's Seafood and Soul Kitchen — supports the food truck request. These are family owned business. Mayor Murry closed the public hearing. Council Member Howard stated that he does not have an issue with food trucks. He is not in support of trucks on a perpetual basis. Mr. Rosenberg explained that the food trucks do not operate all the time. They are not open more than four days at a time and the remaining time would only be for storage. He would be willing to beautify the area and keep the screen on the fence. Council Member Pines stated that there are many conditions and Council can revoke the permit anytime there is an infraction. She is in favor of the request and asked for the operating hours of the food trucks. Mr. Rosenberg stated that generally the hours are 10:00 am to 10:00 pm. Council Member Myers supports the request. Development Services Director Henschel stated that the operating hours in the ordinance are Sunday through Thursday 11:00 am to 10:00 pm and Friday and Saturday 11:00 am to 11:00 pm. If Council chooses, they can update the hours and the parking will not reach what staff has calculated. Also in the ordinance, it does state no flags, banners or other signs allowed except for what is contained on the food truck. The ordinance has a two-year time limit on the Conditional Use Permit. Mr. Rosenberg informed Council that staff is speaking about a code that is not yet proposed; he should not be held to those standards. Would like to be the test subject to see how food trucks can work within the city. City Manager Bulthuis stated that since the applicant did not go through the correct process that he is in violation of the code. What Council needs to decide is what is allowable for permanent food trucks within the city. The city will propose a separate ordinance regarding food trucks. This application is for this location only and you can require they meet certain conditions. City Attorney Mantzaris clarified that this application is for a Conditional Use Permit. It is for this particular location and use. What happens on this property will not necessarily happen on other properties in the city. A Conditional Use Permit is based on the current code. Discussion ensued regarding the length the food trucks can stay on site, fencing and landscape along US Highway 50 and the flags and banners on the trucks. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2024 Mayor Murry said he would like the screens on the fence removed. Staff suggested leaving the screens and making a condition that they stay maintained. Council Member Howard asked for a landscape buffer along the road frontage. He stated that he likes consistency and he is not in favor of the application. Council Member Pines reminded Council that this is a Conditional Use Permit specific for this property. She suggested discussing a food truck ordinance at a workshop. Council Member Pines moved to approve Resolution No. 2024-023R with conditions of leaving the screen in the fencing. additional landscape buffers. flags and banners to remain with food truck with the knowledge that the permit can be revoked at anv time if the conditions are not followed. City Manager Bulthuis clarified that the fencing should remain screened and maintained, the flags on only while truck is in operation, and a landscaping plan approved by staff. Mayor Murry would like a condition that the space cannot exceed three food trucks. Development Services Director Henschel asked for clarification regarding the parking. There is specific language in the proposed Conditional Use Permit, would council like to eliminate the section on the parking ratio. City Attorney Mantzaris said that section two of the proposed resolution lists nine specific criteria in which you have modified and added language. In the resolution, it states that if parking becomes an issue, the city has the right to revoke so Council does not have to change anything if they are okay with the parking as it is. Discussion ensued regarding the hours of operation and Council was in agreement with the hours listed in the resolution. Development Services Director Henschel explained that there is a two-year time limit on the Conditional Use Permit. Mr. Rosenberg asked Council to remove the two-year time limit; if a condition is not met then you can revoke the permit. Council Member Pines believes that is fair. The designated use for the property was discussed. City Attorney Mantzaris explained that the Conditional Use Permit changes the zoning and moving forward would only be for an open-air food truck establishment. Development Services Director Henschel reviewed the conditions that Council has stated for the resolution. The hours of operation will stay as written, flags and banners allowed on the truck itself and only while the truck is in operation. Fence screening must stay maintained and staff must approve landscaping. City Attorney Mantzaris asked Council Member Pines for clarification on section two number nine with the mandatory expiration date. Council Member Pines wishes to remove the expiration date. Should there be an issue Council can revoke the permit. Council Member Pines reinstated her motion to approve Resolution No. 2024-023R with the amendments to the Resolution of having the screen in good condition. additional landscape buffer approved by staff. not to exceed three trucks. flags and banners only on the trucks while in operation; seconded by Council Member Mvers. Passed 3-2 with Council Member Gonzalez and Council Member Howard opposing. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2024 Item No. 22 — Resolution No. 2024-026R, Live Local Option A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PURSUANT TO SECTION 196.1978(3)(o), FLORIDA STATUTES, ELECTING TO NOT EXEMPT PROPERTY UNDER SECTION 196.1978(3)(d)l.a., FLORIDA STATUTES, COMMONLY KNOWN AS THE "LIVE LOCAL ACT PROPERTY TAX EXEMPTION"; AND PROVIDING FOR AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Development Services Director Henschel presented the item. Staff recommends approval of Resolution No. 2024-026R exercising the option to "opt -out" of providing the Live Local Act Property Tax Exemption. Under Florida Statutes 196.1978, the "Live Local Property Tax Exemption", grants a 75 percent property tax exemption for multifamily projects that provide housing for individuals whose household income is between 80 and 120 percent of the area's median gross income. This past legislative session, the law was amended to provide an option for the City, as a taxing authority, to "opt -out" of providing the Live Local Act Property Tax Exemption for units rented to individuals in the 80 to 120 percent household income range. To be eligible to opt -out, there must be a surplus of housing for the 80 to 120 percent household income category as determined by the Shimberg Center for Housing Studies Annual Report. According to the latest Shimberg Report, the City of Clermont has a surplus of housing to qualify to opt -out of the exemption. The adoption of this Resolution requires an affirmative vote of four council members. It also does not apply to the 100 percent property tax exemption for residential units occupied by individuals with less than 80 percent of the area's median gross income. If approved, the opt -out restriction on the exemption will be effective for the 2025 tax year and renewed annually if it is to remain in place based on the latest Shimberg Annual Report. By approving this resolution, the city has followed the state regulations for the "opt -out" rule and will collect the full amount of the taxes on parcels that otherwise qualify for the 75 percent property tax exemption. Mayor Murry opened the public hearing. Samii Yakovetik, Hartwood Reserve - supports the request. Mayor Murry closed the public hearing. City Attorney Mantzaris informed Council that the Shimberg Annual Report was included as part of the record. When Council adopts this resolution, it includes a finding that has been verified and confirmed the Shimberg Annual Report for Lake County and Clermont. Council Member Howard moved to aDOrove Resolution No. 2024-026R. Live Local Option; seconded by Council Member Pines. Passed unanimouslv 5-0 with all members Dresent voicing ave. City Clerk Howe read the title aloud for Ordinance No. 2024-031. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2024 Item No. 23 — Ordinance No. 2024-031, Old Highway 50 LSCPA Intro for Transmittal 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 H, 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; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. Development Services Planner Kruse presented the item. The applicant, Daly Design Group, is requesting an amendment to the Future Land Use Map as part of the annexation process into the City of Clermont. This will go along with a rezoning request to the R-3 zoning designation. The property, 123 acres, is located entirely within the Clermont Utility Service Area and is adjacent to the City limits. The property is located south of the Florida Turnpike and bisected by Old Highway 50, just north of Plaza Collina. The project is located within the City's Joint Planning Area and Interlocal Service Boundary Agreement. The City can provide adequate public facilities and services, with water and wastewater service being available at the end of the fourth quarter of 2025. The applicant previously proposed several different development layouts with increased intensities and densities, which did not meet the City's requirements or the requirements within the Joint Planning Area with Lake County. These proposals did not receive approval within Lake County or the City. The applicant has revised the development plan and is requesting the project go through the City's process since utilities are necessary to development the site. The applicant is requesting the City to designate the property with a future land use of Clermont Low Density Residential, which permits up to three dwelling units per acre. The property is currently designated as Urban Low Density within Lake County, which permits up to four dwelling units per acre. This amendment would be an overall reduction in density. Historically, the property was used for agricultural purposes. The applicant has provided a conceptual site layout showing the lots would conform to the R-3 Residential/Professional District. The lots will be a minimum of 75 feet wide and 100 feet deep, with a minimum square footage of 7,500 square feet per lot. Since the property consists of approximately 53 acres of wetlands and 70 acres of uplands, the total number of lots will be 130 single-family lots, with a density of 1.85 dwelling units per acre within the upland portion. The applicant is not requesting any variance requests as part of the proposed development. Due to the required review by the State of Florida Department of Economic Opportunity for the amendment to the Comprehensive Plan, this application is being presented to the Planning and Zoning Commission and the City Council to make a recommendation for transmittal. If transmitted, then the Department of Economic Opportunity and other State agencies will review and provide comments prior to a public hearing on the adoption of this amendment. The anticipated adoption hearing will be in November of 2024. The development proposal for this parcel does not conflict with the Low Density Residential future land use within the City's Comprehensive Plan. The property is within the City's service area, and the City is able to provide services. Staff supports the applicant's request for a change from Lake County Urban Low Density to City of Clermont Low Density Residential and recommends transmittal of Ordinance 2024-031. 13 City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2024 Council Member Pines moved to transmit Ordinance No. 2024-031. Old Hiehwav 50 LSCPA; Seconded by Council Member Myers. The motion passed by roll call vote 5-0. Item No. 24 — Ordinance No. 2024-034, Hooks Street Self -Storage Phase 2 Annexation Intro 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. City Clerk Howe read the title aloud. Council Member Pines moved to introduce Ordinance No. 2024-034. Hooks Street Self- Storaee Phase 2 Annexation; seconded by Council Member Myers. Passed unanimously_ 5- 0 with all members present voicine ave. Item No. 25 — Ordinance No. 2024-035, Hooks Street Self -Storage Phase 2 SSCPA Intro 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 AN EFFECTIVE DATE. City Clerk Howe read the title aloud. Council Member Pines moved to introduce Ordinance No. 2024-035. Hooks Street Self- Storaee Phase 2 SSCPA; seconded by Council Member Myers. Passed unanimously_ 5-0 with all members present voicine ave. 14 City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2024 Item No. 26 — Ordinance No. 2024-036, Hooks Street Self -Storage Phase 2 Rezoning Intro 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 Pines moved to introduce Ordinance No. 2024-036. Hooks Street Self- Storaee Phase 2 Rezonins; seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicine ave. Item No. 27 — Ordinance No. 2024-037, LDC Amendment Chapter 117 Signs Intro AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; CHAPTER 117 SIGNS; SECTION 117-26 "OTHER SIGNS"; 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 Pines moved to introduce Ordinance No. 2024-037. LDC Amendment Chanter 117 Siiins; seconded by Council Member Myers. Passed unanimously 5-0 with all members present voicine ave. 15 City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2024 ADJOURN: With no further comments, this meeting adjourned at 9:17pm. ATT ST: Tracy Ackroyd Howe, MMC City Clerk 16 APPROVED: Tim Murry,1�%Iay aERW6NT Chace of Champions' ORDER OF DENIAL Variance Application Culver's Restaurant Request for a mural sign in a PUD zoning district Location: 1431 Johns Lake Road (Alternate Key 3844798) Applicant: Manny Montanez Application Date: May 28, 2024 CITY OF CLERMONT Development Services 685 W. Montrose St. P.O. Box 120219 Clermont, FL. 34712-0219 352-394-4083 Fax: 352-394-3542 The proposed Variance was heard by the City Council for consideration of a mural sign in the Planned Unit Development (PUD) zoning district instead of the code requirements for Section 117-26 Other Signs. The City Council, based on the information and evidence presented at the August 13, 2024 public hearing, does hereby find that the Variance does not meet the review criteria set forth in Section 101-246 of the Land Development Code of the City of Clermont. NOW, THEREFORE, the City Council of the City of Clermont, Lake County, Florida by a 5-0 vote does hereby deny the above -stated application for the variance request. City Staff recommended denial of the application request. DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 14th day of August, 2024. A Tracy Ackroyd City Clerk CITY OF CLERMONT Tim Murry, Mayor 685 W. Montrose Street : Clermont, FL 34711 www.ClermontFL.gov