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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. 1 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. 2 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 3 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 4 �, I