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03-23-2010 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING March 23, 2010 The Clermont City Counc 1 met in a regular meeting on Tuesday, March 23, 2010 in the Council Chambers at City Hall. Ma or 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: Ci y Manager Saunders, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gra . INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of tl~farch 9, 2010 Council Special meeting of March l S, 2010. of present voting "aye" 1 present voting"aye" PROCLAMATION Mayor Turville read the ~ PUBLIC COMMENTS Wally Herda expressed c. aloud declaring April 2010 as Water Conservation Month. with trees being trimmed between the power lines. Jerry Jones, Jones Racing, ex ressed concerns with his Conditional Use Permit (CUP). City Attorney Mantzaris advised him of the rocess to go through staff to explain his request then submit an application and return to council as an ag da item to discuss. Mr. Jones noted he is close to running out of time and is trying to avoid a code enf rcement violation. City Manager Saunders stated as Mr. Jones files an application, staff will not proc ed with any code enforcement action knowing the process is in place. Rodney Lyons, 214 Carroll Sheet, commented on possible code enforcement violations throughout the city. Jim Purvis, 4206 Hammersmit Drive, asked if the City posted an announcement of the Joint Meeting with Lake County. City Manag r Saunders confirmed it is on the website. REPORTS City Manager Saunders - No City Attorney Mantzaris - No 1 City of Clermont MINUTES REGULAR COUNCIL MEETING March 23, 2010 Assistant City Manager Gray Council Member Hogan - reported on the Pig on the Pond events and thanked staff for their assistance. ~ Report Council Member Goodgam requested staff investigate the possibility of replacing large volume water shower heads throughout the city and replace with low volume heads. The Boy Scouts annual dinner will be held this Friday night at fission Inn at 6pm. This Saturday, the Kiwanis Club is holding their Annual Charbroiled Chicken Dinner or $7 at Jenkins Auditorium from 11:OOam to 6:OOpm. Council Member Mullins re orted on attending the League of Cities meeting last week. Frank Royce from the Lake County Prop rty Appraisers office reported on the preliminary numbers for the taxable property for ad valorem taxe .Clermont is looking at a 7 percent decrease in revenue ad valorem taxes next year. Council Member Thompson - Mayor Turville - No Report CONSENT AGENDA Mayor Turville advised the r requested anyone wishing to h Item No. 1-Purchase Request Council Member Mullins pull Member Goodgame explained UNFINISHED BUSINESS Mayor Turville noted the next Lost Lake Reserve No Report item on the Agenda for consideration was the Consent Agenda and any item pulled for discussion to please come forward at this time. Request approval to purchase furniture and appliances for the Historic Depot in the amount of $4,884.72. rtem 1 from the consent agenda and questioned the request. Council need for the request to operate the Historic Village. rtems will be discussed collectively and voted on separately. of Regional Impact Barbara Hollerand, Planner, pre ented the proposed changes to Lost Lake Reserve and the amendments to the Development of Regional I act (DRI) Development Order. The applicant is Lost Lake Reserve, LC. The request is to amend the ap roved DRI Development Order to re-designate allowable uses within Parcel C and to identify transpor ation improvements required for the development. The two-phase Lost Lake Reser e DRI was approved in 2002 and most of the project has built out in the last 8 years. The development in Ludes 1,100 single-family and multifamily units as well as commercial, office and park uses on 424 acres on the east side of U.S. 27. Johns Lake Road intersects the development from north to south and the Citru Tower Boulevard divides it from east to west. City of Clermont MINUTES REGULAR COUNCIL MEETING March 23, 2010 It includes Wal-mart, Sund neighborhoods, and comme Parcel C, the remaining co town center on Parcel L an building out. The focus of t Church. This 37-acre parcel homes. The applicant has pr to move its development fro would be donated to Real parcel, the new C2, adjacent apartment units. This would now clustered on the C2 nro mce and Vistas apartments, the Reserve at Lost Lake and Tuscany Ridge cial outparcels along U.S. 27. The un-built portions of the project include imercial behind Wal-Mart on Parcel K, remaining commercial on Parcel J, i institutional/church use on Parcel I. The residential in tracks A and B is pis request is Parcel C, near the Vistas Apartments and Real Life Christian which is part of the DRI's Phase II, has an allowed use of 197 single-family posed splitting Parcel C into parcels Cl and C2, and is requesting approval n Phase II to Phase I. The northern parcel, the new Cl, at about 21 acres, ife Christian Church for park and open space uses. The 16-acre southern o the Vistas apartments, would become a future phase of the Vistas with 192 maintain a density of 12 units per acre on the former Parcel C, but with it ,.+., Four new conditions have be n added to the approved 2002 Development Order. Another change in this Development Order is a n w Exhibit 4, a matrix for converting trips for approved uses in the development. The new uses a e assisted living, nursing home, congregate care facility and continuing care retirement community and ha e been added to the matrix. The Regional Planning Council and the Florida Department of Transportation have no objections to the trip conversion calculations for these uses. The build out for the develop ent has been extended with this amendment. The build out for Phase I have been extended to 2011 and t 2014 for Phase II. The Regional Planning Council and FDOT agree the additional 105 PM peak hour trips do not reach the threshold for a substantial deviation to the DRI. The Regional Planning Council n tes that "these changes are not expected to cause new or increased impacts to regional resources or faci ities when considered independently or cumulatively with prior project changes." Staff recommended approval of the amendment to the Development Order. Resolution No. 2010-01 Mayor Turville read Resolution 2010-01 aloud by title only. A Resolution of the Ci y Council of the City of Clermont, Lake County, Florida, granting an amendment to a C nditional Use Permit to re-designate allowable uses for Parcel C within the Planned Un~t Development Zoning District. Jim Hitt, Planning and Zoning ~irector, reviewed the conditions within the CUP. Staff recommended approval of this request for a C P amendment. Applicant, Harry Lerner, Max y Development Group, presented the proposed concept. A meeting was scheduled at Real Life church t address their concerns. A majority of the concerns were satisfied. There is language in the CUP stating ny changes to the park or apartments would have to return to Council. Mayor Turville opened the publ~c hearing. Richard Gapin, 2690 Eagle La Drive, commented on meeting with Mr. Lerner and his representatives. He expressed concern with the edian upkeep and traffic. He also requested petitioning Lake County to eliminate commercial traffic on itrus Tower Blvd. and equalize the speed limit. Catherine Bohusz, 2450 Vie Ridge Way, voiced concern with traffic, parking and number of apartments. She requested chan ing the starting time at the ball field from 8:OOam to 9:OOam. City of Clermont MINUTES REGULAR COUNCIL MEETING March 23, 2010 Samaroo Premdass, 2674 Jacqueline Barr, 1841 San Lake Drive, stated traffic concerns. Drive, preferred housing instead of apartments. Bryan Davis, 1865 Maripos Way, voiced concern with overcrowded schools, number of housing units proposed, traffic on Citrus T wer Blvd. and the hours of operation for lighting. Denny Fjerestad, 2714 Eagle and support the ball fields. Ms. Piasare, 2650 Eagle Lak Jim Purvis, 4206 Hammersm Craig Mathis, 1763 Nature C Mike Moore, 2329 Golden A Robin Richards, 2646 Eagle l Matthew Mercer, 2758 Eagle Steve Long, Real Life School Mayor Turville closed the pul Mr. Lerner addressed the cons Lake Drive, spoke on behalf of the neighborhood to oppose the apartments Drive, expressed concern with kids and increased traffic. Drive, also expressed concerns. Lane, suggested reducing the number of apartments. Street, requested a deed restricted complex and require traffic control. Drive, opposed the apartments and expressed concern with crime. ce Drive, supported the school and opposed the number of apartments. ministrator, noted this proposal will help to expand and grow the school. hearing. related to access, number of apartments and crime. Council Member Goodgame r ported on meeting with Mr. Lerner regarding the park deed. He suggested turning the lights off at a speci is time. He also proposed if the lights or the noise becomes an issue at the park, it will return to Council f r discussion. Council Member Goodgame uestioned the preservation of trees. Planning and Zoning Director Hitt noted 85 percent are pine trees hick are not covered by the city code. Council Member Goodgame i quired about the median. Mr. Lerner stated as it relates to the median, the median is not maintained by th residents of Lost Lake. Council Member Goodgame larified that Lake County controls the speed limits on Citrus Tower Boulevard; not the City of Cler ont. Planning and Zoning Director Fitt commented on the status of the traffic light. Mr. Lerner addressed one of th~ primary concerns of the residents was the Shearwater entrance of which the access point has been chane d. Council Member Mullins com ented this developer donated the land for the Lost Lake Elementary School. Mr. Lerner noted this lan also allows for more school capacity. The apartments will have fewer children and allows the church t expand their school. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING March 23, 2010 Council Member Z not been given any questioned the crime rate in this area. City Manager Saunders stated he has i the crime rate is higher in this area. Council Member Thompson suggested changing the start times at the field from Sam to gam and to turn the ball field lights off at c osing and special landscaping considerations for Steve's Road to limit the amount of people. City Ma ager Saunders reminded Council the church will be back in front of the Council for the Conditional se Permit. Mr. Lerner addressed the landscaping concerns. Council Member Thompson delete that access point and ~ Council Member Thompson Council Member Hogan also Cuqui Whitehead, 837 5"' Str present voting"aye" suggested removing the Shearwater entrance. Mr. Lerner stated he will 3nge the parking configurations. support for the proposed plan. support. suggested limited the number of bedrooms. wi Mayor Turville recessed at 9:1 Ordinance No. 2010-OSC Mayor Turville read An Ordinance of the Lake County, Florida, Article IV Variances, ~ 102 Signs, Section 10~ Zoning, Article III Dis'~ Permitted Uses; Sectio; District, Section 122-2 Section 122-243 Perr Supplementary District Fences and Walls; Figr Temporary Structures; x Jim Hitt, Planning and Zoning li and the meeting reconvened at 9:21pm. Hearing 2010-OSC aloud by title only. ode of Ordinances of the City Council of the City of Clermont, amending the Code of Ordinances, Chapter 86 Administration, action 86-175 Time-Limit for commencing construction; Chapter 25 Illustrations, Figures 102-25A through 102-25F; Chapter 122 •icts, Division 8 C-1 Light Commercial District, Section 122-203 122-204 Conditional Uses; Division 9 C-2 General Commercial 3 Permitted Uses; Division 10 CBD Central Business District, fitted Uses; Section 122-247 off street parking; Article V [regulations, Section 122-342 Special Setbacks; Section 122-343 'e 122-343A; Section 122-347 Open Air Sales; Section 122-348 roviding for severability, effective date, and publication. reviewed the ten (10) amendments. City of Clermont MINUTES REGULAR COUNCIL MEETING March 23, 2010 Mayor Turville opened the ublic hearing. There were no comments. Mayor Turville closed the public hearing. «..---„ Ordinance No. 2010-07C Fi al Hearing Mayor Turville read Ordinan e 2010-07C aloud by title only. An Ordinance of the ity Council of the City of Clermont, Lake County, Florida, relating to Taxation amendin Chapter 58 "Taxation", Article II "Public Service Tax" of the City Code by revising the enumerated list of purchases subject to the tax in accordance with recent changes to ection 166.231, Florida Statutes; providing for codification, severability, conflict, nd effective date. Joe Van Zile, Administrati inconsistencies between the Services Tax on water sales. out of potable water. The F provision, we would not be a The only difference will be ci Mayor Turville opened the hearing. Council Member Mullins present voting_"aye" ADJOURN: With no further Services Director, reported this ordinance is proposed to eliminate ty code and Florida Statutes. The inconsistency is related to Public e City's code only allows the Public Services Utility Tax to be charged da Statutes allows it to be charged on all water sales. Without this to continue to charge the public services utility tax on those water sales. mers receiving the bulk water sales. hearing. There were no comments. Mayor Turville closed the public a grammatical error in section 58-31 of the proposed Ordinance. 0 1 ts, this meeting was adjourned at 9:33pm. APPROVE Harold S. Turville, Mayor ~a Tracy Ackroycl, City 6