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07-28-2009 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2009 The Clermont City Council met in a regular meeting on Tuesday, July 28, 2009 in the Council Chambers at City Hall. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Mullins, Goodgame, Hogan and Thompson. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of July14, 2009. Council Member Goodgame moved to approve the minutes of July 14, 2009 as written; seconded by Council Member Mullins. The motion passed with all members present voting "aye". PUBLIC COMMENTS Charlene Forth, 939 Desoto Street, commented the fee Lake County residents pay for Animal Control is a good deal for the service provided. REPORTS City Manager Saunders commented on the Primary Election for Seat 4 to be held on August 25. Since this is an off year election, it requires three (3) Council Members to serve as the Canvassing Board who are not involved in the election. There are five (5) dates requiring Canvassing Board action however the Council can appoint the City Clerk to represent the Canvassing Board on four of those dates. The canvassing board will be required to attend the meeting on August 27 at S:OOp.m. to make a decision on provisional ballots. Council Members Hogan, Goodgame and Mayor Turville agreed to serve as the Canvassing Board. City Manager Saunders asked for a motion to appoint the City Clerk to represent the Canvassing Board at the required meetings. Council Member Hogan so moved; seconded by Council Member Thompson. The motion passed with all members present voting "aye". City Manager Saunders followed up with Council from discussion at the last workshop to obtain an inspection of Jenkins Auditorium to determine whether it will be suitable for remodeling. C. T. Hsu and Associates have the ability to do that type of work and are currently under contract for Fire Station 3. The purchasing policy requires at least three (3) quotes however Council has the ability to precede in another direction. Mr. Saunders asked Council to consider entering into an agreement with C. T. Hsu and Associates or obtain quotes. The Council asked for additional quotes. City Attorney Mantzaris - No Report Council Member Hogan - No Report City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2009 Council Member Goodgame reported the Tourism Board is down 26 percent compared to the same time period as last year. U. S. Highway 27 south of Highway 50 to Lake Louisa Road will become a 6 lane highway with Federal stimulus funds. Council Member Mullins - No Report Council Member Thompson - No Report Mayor Turville - No Report Council Member Goodgame noted the South Lake Metropolitan Planning Organization (MPO) task force meeting will be held in our Council Chambers on August 27 at 2:OOpm and is open to the public. City Manager Saunders announced the Police Department has received the COPS Grant. We were awarded $599,763 for full funding of three (3) officers to include salaries, benefits and equipment for three (3) years from the Federal program. We have been authorized to start recruiting immediately. CONSENT AGENDA Mayor Turville 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-Change Order #2 Approval of Change Order #2 for Marbek Construction for Fire Station #3 in the amount of $10,026.72 Council Member Goodgame moved for approval of the consent agenda item 1 as written; seconded by Council Member Hogan. The motion passed with all members present voting "aye". NEW BUSINESS Millage Rate City Manager Saunders noted the final adoption will take place in September. Council Member Mullins moved for the advertisement of the millage rate; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Variance Request Suseema Basdeo Curt Henschel, Planner, presented the variance request to allow a screen enclosure over a patio with the required rear yard setback of Lot 95 in the Hartwood Reserve subdivision. The subdivision is zoned R-1 which has the following setbacks: 25 foot front, 25 foot rear and 7.5 foot side. The applicant proposed to construct an 18 foot by 45 foot screened enclosure that will extend 17 feet into the rear yard setback. The proposed patio is allowed to encroach within the setback area because there is not a structure with a roof above it. The development and the applicant's house were originally permitted under the Lake County Land Development Code which allowed for a rear yard setback of 7.5 feet for a structure. Since then, the existing development was annexed by the city creating new setback regulations for a development that was designed with shorter setbacks in mind. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2009 Staff was concerned the enclosure would only be 7.5 feet away from the neighbor's property because there is no additional buffer area or easements adjacent to the rear yard; therefore, staff was not in support of the variance request and recommended denial. Applicant, Suseema Basdeo, was present requesting approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Mayor Turville questioned the setback requirement if the applicant requested a pool. Mr. Henschel replied that pools are allowed to be 7.5 feet from the rear yard. City Manager Saunders stated the difference is a hard roof enclosure rather than a screen room. Council Member Goodgame inquired if the applicant had discussed her request with the neighbors. Ms. Basdeo noted both neighbors on each side are fine with it and the home to the back of the property is empty. Furthermore, another neighbor has a similar enclosure. Council Member Mullins questioned when this home was annexed into the city. Mr. Henschel estimated either 2005 or 2006. Ms. Basdeo stated she moved into the home in 2007. Council Member Goodgame moved for acceptance of the variance at Hartwood Reserve; seconded by Council Member Thompson. Council Member Mullins noted he does not support the request because of the hard roof. The motion passed with Council Member Mullins opposing. Variance Request Lowe's Jim Hitt, Planning Director, reported on the variances for Lowe's Home Centers. The first request is to allow for a reduction of the 50 foot sign setback from the intersection street right-of-way lines on Highway 50. The second request is to allow for a reduction of 288 parking spaces from 855 to 567. Staff recommended approval of both variance requests. Applicant, Roger Strcula, was present as an agent for Lowe's. He has reviewed the staff report and concurred. He was available for questions. Mayor Turville opened the public hearing. Mr. Charles Forth, 939 Desoto Street, expressed concern of a potential hazard if a sign is too close to the turn lanes. City Manager Saunders noted there will be 21 feet of right-of-way plus the edge of the pavement to the front of the sign. Mayor Turville closed the public hearing. Council Member Goodgame moved for the acceptance of the two (2) variances for Lowe's; seconded by Council Member Hogan. The motion passed with all members present voting "aye". City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2009 The next two (2) items were heard concurrently as they are related. Resolution No. 1620 TD Weaponry Mayor Turville read Resolution 1620 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow a gun range in the C-2 General Commercial District. Variance Request Curt Henschel, Planner, presented the Conditional Use Permit (CUP) request. The applicant requested a CUP for an indoor gun range in the C-2 General Commercial zoning district. The gun range consists of 12 shooting stations and a retail gun store. Overall, it will be approximately 7,000 square feet. Staff is concerned with the location of this use being directly adjacent to residential uses to the west. Also, the use and site is less than 140 feet to McKinney Park, and approximately 800 feet from Clermont Elementary School. The proposed gun range will be built into the slope of the existing grade. The noise will be dampened by the underground design and it adds an additional safety margin for the range itself. Any range noise should be inaudible from the adjacent properties because of the close proximity to residential uses. Staff did not recommend approval of the indoor gun range use at this location because of the proximity to residential land, McKinney Park and Clermont Elementary School. Mr. Henschel noted a few changes had been made since the staff report was written. It currently shows access from the north of the project and was discovered that access should be temporary; not permanent. Therefore, staff recommended an amendment to section 3 of the CUP, if approved. He read the amended language aloud. There will be no further access to the existing Desoto Street to the west and no access from the north through the Twisty Treat. Mr. Henschel reviewed the variance request. The applicant is proposing to construct a gun range and retail store that will be constructed partially underground. In order to accomplish, the applicant is requesting to construct a retaining wall that will exceed the code maximum height of 6 feet. The wall will max out at 10 feet in height and taper down to approximately 2 feet. The proposed wall will be an interior facing wall adjacent to the parking stalls. This wall will allow the building to be partially underground, and allow the parking to be placed at the same elevation as the building floor. Without the wall, the unique design of the building will be altered, therefore raising the building out of the ground, and defeating the purpose of its design. Staff recommended approval of the variance request for retaining walls in excess of 6 feet. Walls shall not exceed 10 feet in height. The applicant, Brian Denham with Denham Summit Engineering, stated he has worked closely with staff to address concerns including the proximity to residential and schools. This is reflective in the revised plan. He was available for questions or comments. Mayor Turville opened the public hearing. The following spoke in opposition to the request: Wally Herda, 1109 Hampton; Edward Shelton, 722 E. Desoto Street; Elliott Thompson 724 E. Desoto Street; Jim Purvis, 4206 Hammersmith Drive; Gladys Carthon, 791 E. Montrose Street; and Timothy Murry, 574 E. Desoto Street. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2009 The following spoke in support of the request: Patricia Bloom, 11841 Graces Way; Dennis Rubey, 11753 Oswalt Road; Duane Atkinson, 11449 Nellie Oaks Bend; David Durling, 1040 Chelsea Parc Drive, Minneola; David Bloom 11841 Graces Way; and Rob Jones, 11613 Osprey Pointe. David Heck, Owner, provided clarification to address the safety concerns of the residents. Mayor Turville closed the public hearing. Mayor Turville remarked the City has permitted uses and selected conditional uses. The reason the applicant is before the Council is because this is not a permitted use. Mayor Turville expressed concern with the location being close to parks and schools. Council Member Mullins inquired about the licensing requirements, hours of operation and age limits. David Heck replied that all the operations are under jurisdiction of the Treasury Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The hours of operation will be 10:00am to 10:00pm. Anyone under the age of 18 must be accompanied by a parent. Council Member Mullins questioned the shaded area on the drawing next to the building. Brian Denham stated it is a turnaround area and will not be used for parking. Council Member Mullins questioned the long term plan for Desoto Street. City Manager Saunders responded the City Council or staff has not discussed an extension of Desoto Street. Mr. Denham reminded Council of an approval granted to a gun store directly adjacent to residential. The proposed request is positioned within a commercial area and will be manned full time with knowledgeable staff. Council Member Mullins commented the applicant is not requesting to cut into the hills. He further noted he did not believe this to be a safety or noise issue. The City's Comprehensive Plan specifies the city will have a gun range. Mr. Mullins was in support of the request however expressed concern with the neighborhoods opposition to the request. Mayor Turville was not in support of the request at this location and agreed with the concerns of the neighborhood. Council Member Thompson inquired as to the reason staff did not include a recommendation. City Manager Saunders stated as a CUP, it becomes subjective to review. Staff looks at all issues as a conditional use whether it would be appropriate with the conditions it could be placed on it. Staff reviewed and felt the issues of being close to a school and residential it could be enough to say it is not appropriate however it is in a commercial area which is why staff took a neutral stand. Council Member Thompson questioned the regulation procedures. Mr. Heck noted there are national standards for noise pollution. As it relates to safety issues, the ATF requires no transfer of guns can occur without a background check. There are other laws in place, for example, a concealed weapon permit cannot be carried inside a government building. The safety regulations for this building are to only have 2 entries into the building. There is a rolled down cage locked each night. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2009 Also, the weapons will be stored in a vault room. There will be cameras placed inside as well as down the shooting lanes. There will be Gun Marshalls at all times to assist shooters. A membership will be required to use the gun range and requires a safety course and a review by the tactical trainer. There will be an annual membership with privileges revoked should someone violate the rules in the gun range. Council Member Thompson asked for clarification on having members take a class before using the gun range. Mr. Heck confirmed he chose to implement that policy in his facility as it is not required by law. Council Member Goodgame was not in support of this request noting the facility is not in the right location. Furthermore, it is not a safety issue; it is an image issue. Council Member Thompson believes this is an improvement of the current property however cannot support the request due to the concern of the neighborhood. Council Member Hogan voiced opposition to the request. Council Member Mullins supported the request and suggested the owners meet with neighbors to educate the citizens on the request. City Attorney Mantzaris clarified the process. It is not subjective analysis. The City code provides language that a conditional use permit should be granted if it meets certain criteria in the code. One criterion is such use will not be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity. If the Council believes this application will not be detrimental to the residents then vote in favor; if it will be detrimental then vote against. Council Member Mullins moved to approve• seconded by Council Member Hogan. The motion failed 4 to 1 with Council Member Mullins in fayour. Council Member Hogan moved to decline the applicant; seconded by Council Member Goodgame. The motion passed 4 to 1 with Council Member Mullins opposing. Mayor Turville called for a recess at 8:Slpm; the meeting reconvened at 9:02pm. City Attorney Mantzaris clarified it is not necessary for the City Council to take any action on the variance request since the Resolution has been denied. The next two (2) items were heard concurrently as they are related. Resolution No. 1621 New Beginnings Mayor Turville read Resolution 1621 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow a transition home for single mothers in the CBD Zoning District. Variance Request Jim Hitt, Planning Director, presented the variance and Conditional Use Permit (CUP) request. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2009 The CUP request is to allow a Transition Home for single mothers at the site of the old Mulberry Inn in the Central Business District. This is a reuse of the existing vacant buildings on the site and improvements are required to bring the site up to the current code. A sidewalk will need to be installed along West Avenue and paving added to the handicapped parking space to meet code. Each of the bedroom units and buildings will also be brought up to building code standards. Staff recommended approval of the request to allow a Transitional Home at 915 W. Montrose Street with conditions outlined in the CUP. The variance requested is to allow for a grass parking area rather than a paved parking area. The proposed use and project site plan is similar to a bed and breakfast which requires nine (9) parking spaces or one per unit. The number provided is nine and includes one handicapped space. This parking ratio is also in line with the Central Business District requirement for hotels and motels. Staff recommended approval of the grass parking spaces with the following conditions: all drive isles and at least four (4) parking spaces, one per residential building plus the handicapped space are to be paved; the remaining five (5) parking spaces are to be stabilized as approved by the Engineering Department; and all engineering must be in accordance with city codes. Stormwater retention may be required due to increase of impermeable surface area, and must be installed prior to the Certificate of Occupancy; and bumper stops are to be installed for each space. Applicant, Steve Smith, was present. He explained a transitional home provides case management and job placement training. He believes this is the best use for this property at this difficult time and the Downtown Partnership agrees. Currently, there are no other facilities available in south Lake County. He has received funding from Lake County, State of Florida Department of Children and Family Services, as well as the Federal Government to help with operating costs. Recently, a grant was received from Wachovia Bank along with committed support from numerous churches in the Clermont area. Mr. Smith requested approval to restore this vacant building and improve it into a transitional facility. There will be a full time Manager arranging all activities. The property will be completely fenced in. All residents are chosen carefully, screened and referred to by churches, social services and personal references. Most clients have lost their job and home and have no place to go. Everyone is given a physical exam, drug tested and criminal background checks are required. All clients must be mentally and physically able to work. The residents will be required to sign statements that they want to change their life situation. There will be sprinklers installed for a potential fire to take every precaution to make sure it is secure and maintained. Training is conducted at a separate facility on Highway 27 in Minneola. Residents are not allowed to sit idle but must actively pursue employment. Mr. Smith read a letter aloud from the Chamber of Commerce in support of the request. Mayor Turville opened the public hearing. Loretta Lacek, 756 West Avenue, owns property next door to New Beginnings. She expressed dissatisfaction with the application approval process she endured compared to New Beginnings. Carolyn Maxwell, 180 Orange Avenue, commented she reviewed the file on this property and found a number of discrepancies. She questioned how the applicant could state a financial hardship for a variance. Gary Landrum, 991 W. Montrose Street, was not in support in the Central Business District (CBD). Bill Banzhaf, 931 W. Montrose Street, spoke in opposition to the request. Charles Forth, 939 W. Desoto Street, reviewed the permitting history of this property and expressed concern with the inconsistencies in the file. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2009 Janice Lee Flowers, 142 Crystal Lake Drive, was not in support of this request in the CBD. Wayne Weatherbee, 899 W. Montrose, expressed concern with the application process; not the request. Mary Jo Pfeiffer, owns the Vintage View, noted the Downtown Partnership is not entirely in agreement. Linda Smith, co-founder of New Beginnings, noted a business plan had been put together. They have worked diligently to bring the property up to code. She met with 17 businesses in the Central Business District and only found one opposed to the request. City Clerk Ackroyd read a letter into the record from Dana Fassett in opposition to the request. Judy Proli, 1020 Everest Street, expressed concern with the number of children in the home. Linda Smith clarified the children will be 10 and under. Also, there is not a waiting list at this time. This is not a shelter; it is a transitional home from homelessness. Jim Purvis, 4206 Hammersmith Drive, noted no one has come before Council in favor of this request. Charlene Forth, 939 Desoto Street, was not in support of this location for this use. Dorothy Anglin previously owned the Cozy Cat Cafe from 2002 - 2005. She commented that she was advised everything was up to code and the bathroom was handicapped accessible however nothing was up to code. Paul Radtke, 1119 Windy Bluff Drive, represents New Beginnings, intends to follow the codes. Wayne Weatherbee questioned how the applicant could apply without proof of ownership. Cathy, 931 W. Montrose Street, Inn Keeper at Old Bicycle Inn, commented that guests did not like the proposed request of a transition home. Melinda Gill, 1052 Linden Street, was present on behalf of New Beginnings. She personally spoke to 17 businesses in the Central Business District and every single one was in support. Jeff Scott represents Prominent Building Group and has been working with New Beginnings. He reassured the Council he has walked through the buildings as well as the Fire Marshall and it has been inspected. Ed Proli, 1020 Everest Street, requested a fire and building inspection to ensure it is safe. Mayor Turville closed the public hearing. Mayor Turville noted in regards to the comments on the lack of inspections, Lake County was doing the inspections until 1 '/z years ago. City Manager Saunders stated the past is not relevant. The CUP clearly states there are conditions. Number 4, 5 and 6 stipulates required inspections and building permits. All will have to be met before the Certificate of Occupancy is issued. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2009 Staff advised Mr. Smith there could be problems with the building and suggested he have the Fire Marshall and Building Official look at the building so they would know what needs to be done in order to obtain a Certificate of Occupancy for any of the structures. They are not requesting any variances from those requirements. The only variance is for grass parking. This CUP requires they meet all codes on landscaping. Mayor Turville questioned if the applicant has to meet other jurisdiction requirements. City Manager Saunders stated it is dependent on the specific use; they will be required to meet any other agency regulations. Council Member Thompson questioned whether it is required to install a fire sprinkler. City Manager Saunders replied the Fire Marshall has met with the applicant and given them options in order to meet the fire code. Jeff Scott noted they will be installing a full fire sprinkler and alarm system. Council Member Mullins expressed concern with the floor plan and business plan for the number of bathrooms and volume of residents. He further noted a transitional home is needed in the community. Council Member Mullins preferred mulch parking instead of grass. City Manager Saunders clarified it can be mulch. Council Member Goodgame stated he met with the applicant today. He suggested allowing the applicant to delay the sidewalk being built. Council Member Mullins disagreed with the suggestion by Council Member Goodgame. Council Member Thompson agreed to not delay the sidewalk. Council Member Thompson inquired about the retention pond and parking. City Manager Saunders explained there is a requirement to meet all codes which includes stormwater retention. Staff's recommendation is to pave the parking; if approved, the applicant will have to present a stormwater plan to the City Engineer for approval. There is not a requirement for stormwater if no additional impervious area is placed on the site. If there is additional impervious area, the amount will determine whether it requires a St. Johns permit or only having to meet City code for the type of stormwater management system that would have to be installed. Council Member Hogan was not opposed to the request as long as they meet our codes. Council requested the applicant provide a specific number of residents in the home. Mr. Smith stated 6 mothers with a maximum of 12 children plus one Manager. He confirmed the children would be under the age of 10. City Manager Saunders clarified the Council would need to add the restriction for the six (6) mothers with a maximum of three (3) for each mother with a maximum of 12 children under section 2 item number 1. Mayor Turville expressed concern with the number of bathrooms for the number of residents. Mr. Smith clarified there will be a bathroom for every family living in the home. Council Member Mullins suggested adding language to return to council if there is a problem. City Attorney Mantzaris proposed the following language: In the event that the use creates a nuisance for the surrounding~roRerty owners the Cif reserves the right to oRen the CUP for further review and require additional corrective actions or measures. City of Clermont MINUTES REGULAR COUNCIL MEETING JULY 28, 2009 Council Member Goodgame moved to include that language as stated by City Attorney Mantzaris and adopt Resolution 1621 New Beginnings adding there be a maximum of 6 mothers none with more than 3 children and no more than 12 children maximum in the facili~ plus one Manager upstairs• seconded by Council Member Hoaan. Under discussion, Council Member Mullins inquired if pets were allowed. Mr. Smith confirmed pets will not be allowed. The motion passed with all members present voting aye„• Council Member Goodgame moved to allow grass parking for all cars other than the one concrete handicapped space• seconded by Council Member Mullins. Under discussion, Council Member Mullins prefers mulch. Council Member Goo~ame changed the motion to mulch• seconded by Council Member Hogan The motion_passed with all members present voting "aye". Large Scale Comprehensive Plan Amendment Transmittal Hearing Barbara Hollerand, Planner, stated staff has been working with the Florida Department of Community Affairs and St. Johns River Water Management District on this requirement. The City's Comprehensive Plan is still in review at the state. One of the objections on the report is to address the Water Supply Facilities Work Plan. As of today, there are still a few outstanding issues the Florida Department of Community Affairs and St. Johns River Water Management District would like to see addressed prior to transmittal. She asked Council to table to August 25. Council Member Hogan moved to table to August 25• seconded by Council Member Goodgame The motion Rassed with all members present voting aye". ADJOURN: With no further comments, this meeting was adjourned at 11:23pm. APPROVED: Harold S. Turville, Mayor ATTEST: -., - _ Tracy A croyd, Cit Clerk (}~,; .' - ~ ~ ~ 1 .~,5. ~. K.. .,.e~41~ 10