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City Manager Bulthuis informed the Council this item has been withdrawn.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