05-28-2013 Regular Council Meeting City of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 28,2013
The Clermont City Council met in a regular meeting on Tuesday, May 28, 2013 in the Council Chambers
at City Hall. City Clerk Ackroyd called the meeting to order at 7 00 pm with the following Council
Members present Council Members Mullins, Bates and VanWagner. Other City officials present were
City Manager Gray,City Attorney Mantzans and City Clerk Ackroyd
City Clerk Ackroyd advised with the absence of Mayor Turville and Mayor Pro Tem Goodgame, the
Council would need to select a Council Member to run the meeting.
Council Member Van Wagner nominated Council Member Mullins, seconded by Council
Member Bates.The motion passed with all members present voting aye
INVOCATION
Council Member Bates gave the invocation followed by the Pledge of Allegiance.
PROCLAMATION
Council Member Mullins read the proclamation aloud
Christopher Barrett, 2785 Falcon Ridge, invited all to attend the Caribbean American Heritage festival
event to be held on June 15,2013 at Waterfront Park beginning at 12-noon.
PUBLIC COMMENTS
Wally Herda expressed concern with Progress Energy trimming trees and suggested the city hire a
Forester City Manager Gray responded that staff met with the Progress Energy contractor. The city is
certifying Senior Planner Henschel as an Arborist and will have someone on staff.
Karen Newman, 1270 4th Street, addressed the length of time given to speak at meetings. The 3 to 5
minute rule is not being enforced and would like the Council to abide by the rule.
Jim Purvis, 4206 Hammersmith Drive, thanked City Manager Gray and city staff for setting up the
Community Forum.
Christopher Barrett,2785 Falcon Ridge,expressed appreciation for the city staff
REPORTS
City Manager Gray thanked all who participated in the first Community Forum. The next meeting is
scheduled for Wednesday, June 19 at 6:30pm. Disposable cameras were distnbuted and are due by May
31,2013 at 3:00pm
City Attorney Mantzans-No report
Council Member Bates thanked City Manager Gray and the Department Directors for the community
meeting He commented Governor Scott signed a bill to ban texting and dnving
Council Member Van Wagner thanked staff for the community meeting and is excited about the future of
the city.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 28,2013
Council Member Mullins noted that City Manager Gray removed Item No. 3 Ordinance No. 2013-07
from the agenda. Staff will re-advertise when the item returns to Council
UNFINISHED BUSINESS
City Clerk Ackroyd read both Ordinances aloud by title only. The ordinances were presented concurrently
and voted on separately
Item No. 1—Ordinance No. 2012-14-M;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 descnbed
herein as shown below,providing for severability,effective date,and publication.
Item No. 2—Ordinance No. 2013-01;Final
An Ordinance of the City Council of the City of Clermont, Lake County, Flonda,
adopting a Comprehensive Plan amendment for the City of Clermont,Flonda,pursuant to
the Local Government Comprehensive Planning Act, Chapter 163, Part II, Flonda
Statutes; setting forth the purpose and intent of the Comprehensive Plan amendment;
establishing the legal status of the Comprehensive Plan amendment; providing for
severability,conflict and an effective date.
Planning and Zoning Director Hollerand reported on Ordinance 2012-14M and Ordinance 2013-01. These
two items are for Hartwood Properties, an 82-acre property south of Hartwood Marsh Road and east of
U.S 27 The property annexed by the City,on November 27, 2013 and is being considered for both a
rezoning and a future land use change. The owners asked that portions of the property be considered for
both a commercial designation and a residential designation. Parcel 1 (16.4 acres) is requested to be
rezoned from Urban Estate and Urban Transition to C-2 General Commercial and have its future land use
changed from Regional Office in the County to Commercial in the City. For Parcel 2 (66 06 acres), the
rezoning request is from Urban Estate and Urban Transition to R3-A Residential/Professional. The future
land use change for Parcel 2 is from Regional Office in the County to High Density Residential in the
City The Planning and Zoning Board voted to recommend approval of the request to rezone this site and
recommended approval of the request to amend the comprehensive plan
With the beginning stages of the Lake County Sector Plan in this area, on January 8, 2013,City staff also
recommended this Large Scale Comprehensive Plan Amendment also be tabled to May 28, 2013 for
consideration with the rezoning.
The Future Land Use amendment to the Comprehensive Plan was introduced on November 13, 2012 and
transmitted to the Flonda Department of Economic Opportunity (DEO) for review. The DEO completed
its review and found no objections for the Comprehensive Plan Amendment from Lake County Regional
Office to Clermont Commercial&High Density Residential.
According to state statute the City must adopt, adopt with changes or not adopt the comprehensive plan
amendment within 180 days of the DEO letter, dated Dec. 20, 2012. Staff recommended approval of the
rezoning request and the comprehensive plan amendment requests for this property.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 28, 2013
Jim Hall,Applicant,was present requesting approval
Council Member Mullins opened the public heanng
Jim Purvis,4206 Hammersmith Dnve, expressed concern with the request and suggested the Council
deny or postpone until the sector plan is complete
Jim Hall commented on his experience in dealing with sector plans and requested approval
Council Member Mullins closed the public heanng.
Council Member Bates expressed concern with moving forward with the overall concept presented.
City Attorney Mantzans noted under section 163 Comprehensive Plan Statute,the Council has to render a
"decision by June 20 according to the letter either to approve, approve with amendments or deny. If action
is not taken by/that date, then.the application is deemed withdrawn and the process has to be initiated
again There is a mechanism to enter into an agreement with notice to the State to extend that penod. If
the Council is inclined to not take action—at this meeting, he suggested the Council continue to the next
meeting to allow staff and the applicant time to work on an agreement to extend that period so the
application is not deemed withdrawn
Ordinance 2012-14
Council Member Bates so moved; seconded by Council Member Van Wagner Council
Member Mullins'clarified the emotion-is to continue it and work with the applicant to
extend it with notification to the state. The motion passed with all members present
voting aye.
Ordinance 2013-01
Council Member Van Wagner moved to have staff work with the applicant on an
agreement to extend it; seconded by Council Member Bates. The motion passed with all
members present voting aye.
Item No. 3-Ordinance No. 2013-07;Introduction
Staff removed the item from the agenda.
NEW BUSINESS
Item No. 4— Variance Request; Clarke
Senior Planner Henschel presented the vanance request to allow for a 6 foot high fence to be located in
the street side front setback at 2297 Stanford Court in College Park. Fences are allowed within this area as
long as they do not exceed 4 feet in height. Staff recommended approval.
The applicant was present.
Council Member Mullins opened the public heanng There were no comments
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
-May 28,2013
Council Member Mullins closed the public heanng
Council Member Van Wagner asked staff to consider reviewing the code
Council Member Van Wagner moved to approve the variance; seconded by Council
Member Bates.The motion passed with all members present voting aye.
Item No. S— Variance Request;Rock
Senior Planner Henschel presented the request to allow for a six foot high fence to be located in the street
side front setback between the city nght-of-way and the secondary front of 2987 Inca Avenue in Verde
Ridge. Fences are allowed in this area as long as they do not exceed 4 feet in height Staff recommended
denial of the request because one of the eight findings was not met. They were requesting a 3 5 foot
setback however the applicant would like to go to the sidewalk itself.
Applicant, Mr Rock, was present requesting approval and noted a fence cannot be lower than 6 foot due
to Homeowner Association rules He requested to move the fence to the sidewalk because of imgation.
Council Member Mullins opened the public heanng There were no comments.
Council Member Mullins closed the public heanng
Council Member Van Wagner supported the request.
City Manager Gray noted staff will return with a proposal to change the code.
Mr. Rock commented the request has been approved by the Homeowners Association.
Senior Planner Henschel clarified there is not a code requirement for the 3.5 foot setback.
Council Member Bates moved to approve the variance; seconded by Council Member
Van Wagner `
For clanfication, the applicant is allowed to install the fence wherever he wants it in
relation to the sidewalk.
The motion passed with all members present voting aye
ADJOURN: With no further comments, this meeting was adjourned at 8.01pm.
APPROVED:
Haro d S.Turville,Mayor
ATTEST: •
Tracy • ckroyd,C ' Clerk
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