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06-25-2013 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING June 25,2013 The Clermont City Council met in a regular meeting on Tuesday, June 25,2013 in the Council Chambers at City Hall. Mayor Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Mullins, Goodgame, Bates and VanWagner. Other City officials present were: City Manager Gray,City Attorney Mantzaris and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Environmental Services Director Kinzler presented the awards received by the Department of Environmental Protection for outstanding performance and professionalism in the water environmental industry to the following Environmental Services Department personnel. Bob Reed, Duane Land, Sharkey Young, Tim Mattozzi and Walter Foss. City Clerk Ackroyd administered the Oath of Office to Joseph Silvestris, Assistant Chief of Operations and Luke Brear,Firefigher. PUBLIC COMMENTS Wally Herda expressed concern with code enforcement regarding the property behind Clermont Elementary School. City Manager Gray commented staff will continue to work with the property owner to gain compliance. Tod Howard, Lake County School Board member, reported the Lake County School Board voted to end courtesy busing within 2 miles of a school. This will affect approximately 150 students between the elementary and middle schools as well as road traffic throughout the city. The change is due to a funding issue and will begin in the upcoming school year. City Manager Gray commented there could be a potential issue at Highway 50 along Bloxam Avenue and East Avenue. He plans to meet with staff to discuss possible solutions. The first priority is to ensure there are sidewalks around the local schools. Tim Robinson on behalf of Elite Car Wash commented on human signs City Attorney Mantzaris advised him to contact staff if seeking a variance in order to be properly advertised before coming to the Council. Milton Thompson, President of the American Caribbean Association of Lake County, thanked the P h', Council for support and assistance in having a successful event. Jim Purvis,4206 Hammersmith Drive,thanked staff responsible for repairing the fountain at Center Lake. Also, he expressed appreciation of the Clermont Police and Fire Departments. Eric Sorkin, 3948 Sanibel Street, distributed a letter requesting the city to evaluate a matter regarding Lennar. City Attorney Mantzaris commented it is an issue between the property owner and the developer however it does not prohibit the city from reviewing it. Mayor Turville advised staff will be in contact. Ginger Martin, 2440 Prairie Dunes, expressed disappointment with the second community forum held on June 19. She named several projects she would like to see developed within the city. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING June 25,2013 REPORTS City Manager Gray reviewed possible budget workshop dates in July. There were approximately 600 attendees at the Community Forum held on June 19. The next forum will be held on Wednesday, July 24 at 6.30pm at the Clermont Community Center. City Attorney Mantzaris—No report. Council Member Bates reported on the South Lake Economic Development meeting. The discussion topic was on Transportation Impact Fees. City Manager Gray advised the Lake County Commission has authonzed to move forward with placing the Transportation Impact Fees into-effect for south Lake County. It may become effective beginning in January 2014. Council Member Bates also reported on the Sports and Tourism meeting. There was a presentation on a developing marketing a plan and presented ideas to stimulate tourism in the area. Furthermore, he attended the League of Cities meeting with the discussion on the taxable property value increase of approximately 2.8 percent. Council Member Goodgame reported Toyota of Clermont will open tomorrow. The city sold the spray field to the county. On July 9, Lake County will host a public meeting to discuss long range plans for a South Lake County Regional Park. Council Member Mullins—No report. Council Member Van Wagner commented on the Caribbean festival and thanked staff for their efforts in the planning of the visioning'sessions. Mayor Turville requested an update on the water tables at the next Council meeting. Mayor Turville noted staff has requested two agenda items to be tabled to the July 23,2013 meeting. Item No. 6—Ordinance No. 2013-09;Final Hearing City Clerk Ackroyd read Ordinance 2013-09 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida adopting a Comprehensive Plan amendment for the City of Clermont, Florida,pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part 11, Florida 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. Council Member Goodgame moved that Ordinance 2013-09 be tabled to July 23; seconded by Council Member Mullins. The motion passed with all members present voting aye. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 25,2013 Item No. 9—Resolution 2013-15 City Clerk Ackroyd read Resolution 2013-13 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 for a restaurant in the C-1 Light Commercial Zoning District. Council Member Mullins moved to table Resolution 2013-15 to July 23, seconded by Council Member Goodgame. The motion passed with all members present voting aye. 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- Utility Easement Request approval of Utility Easement from Center Lake Properties for monitoring well Item No. 2- Utility Easement Request approval of Utility Easement from DeWitt for Police Department Item No. 3-Plat Approval Request approval of Heritage Hills Phase 5B plat Harry Mason requested to pull consent agenda item 3. He expressed concern with the infrastructure of Heritage Hills. City Attorney Mantzaris explained it is reviewed by the city for the administrative final determination that the final plat is ready to be completed and recorded. Staff ensures it complies with subdivision regulations of the city code and for the preliminary construction plans related to the subdivision is being done. Rob Bonin, Lennar Homes,was present and provided an update. Council Member Goodgame moved to approve the consent agenda items 1, 2 and 3; seconded by Council Member Mullins. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. 4—Lakeshore Drive Speed Limit City Manager Gray reported a group of residents requested to reduce the speed limit from 35 miles per hour to 25 miles per hour. Staff reviewed the area and noted three options: lowering the speed limit, install a stop sign along Lakeshore Drive,and/or a sidewalk from Twelfth Street moving east. Mayor Turville opened the public hearing. Hope Lamb, 519 Mar Nan Mar, spoke in opposition to lowering the speed limit and supported a sidewalk. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING June 25,2013 She supported a stop sign only at the location of Lake Avenue and Settle Street. Council Member Goodgame supported the sidewalk and suggested revisiting this issue after the Highway 27 and State Road 50 intersection is completed. Mayor Turville concurred. The Council discussed a temporary stop sign. City Manager Gray offered to have additional law enforcement in the area until October. Council Member Van Wagner requested a sidewalk study. City Manager Gray will return to Council. Tod Howard, 1674 Bowman Street,was not supportive of traffic control devices. Hope Lamb, 519 Mar Nan Mar,agreed with Mr. Howard and expressed concern with safety. Council Member Goodgame moved to wait until the first meeting in November to have staff give a report on the traffic situation; a study for the cost of the sidewalk for the budget hearings and have the Police Chief keep an eye on-traffic at Lakeshore Drive; seconded by Council Member Mullins. The motion,was amended,to include a stationary officer. The motion passed with all members present voting aye. Item No. 5—Ordinance No. 2013-08;Final Hearing City Clerk Ackroyd read Ordinance 2013-08 aloud by title only. An Ordinance of the City Council c of the e City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date, severability,recording,and publication. Planning and Zoning Director Hollerand presented the annexation request The owner is the Crossings Church and the applicant is Gatorsktch Architects. Staff recommended approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved to approve annexation Ordinance 2013-08; seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote. NEW BUSINESS Item No. 7—Resolution 2013-13 3 3 Mayor Turville read Resolution 2013-13 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting an amendment to a Conditional Use Permit (Resolution No 2012-12) to allow for an expansion of the existing New Beginnings Support Center 4 City of Clermont MINUTES REGULAR COUNCIL MEETING June 25,2013 Senior Planner Henschel presented the Conditional Use Permit request. Staff recommended approval. The Planning and Zoning Board voted to recommend approval. The board suggested an area for overflow parking however if they did, it would require a variance for additional grass parking. Applicant, Steve Smith,was present. Mayor Turville opened the public hearing. Jim Purvis,4206 Hammersmith Drive, supported the request. Mayor Turville closed the public hearing Council Member Goodgame moved for the approval of Resolution 2013-13; seconded by Council Member Mullins The motion passed with all members present voting ave. Item No. 8—Resolution 2013-14 Mayor Turville read Resolution 2013-13 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Planned Unit Development to allow a 300 unit apartment complex. Senior Planner Henschel presented the request for a proposed Planned Unit Development consisting of 300 apartment homes called The Vineyards at Hammock Ridge. The property is part of the Tuscany Village commercial development approved in 2005 and the same lot as the Sam's Club was previously approved in 2009. The apartments will consist of seventeen 2 and 3 story buildings arranged so that a majority of the parking is not adjacent to Hammock Ridge Road. The total land area for the complex consists of 25 acres. 300 apartment units on 25 acres provides a total density of 12 units per acres, 4.2 acres is located across the 4 lane Hammock Ridge Road. This smaller area is proposed to be a recreation area with a dog park for residents of the apartment complex. He reviewed three specific variances to be considered within the Planned Unit Development to include: 1) 10 foot building setback; 2) 9 foot by 20 foot parking stalls; and a 3) 7 foot fence along the right-of-way of Hammock Ridge Road. The Planning and Zoning Board recommended approval of the Planned Unit Development request to include items 1 and 3 with a split vote on item 2 regarding the parking stalls. If approved, staff would like to add a proposed light at the intersection at the main entrance to safely cross Hammock Ridge Road. Once 25 percent of the development has been issued a Certificate of Occupancy,the traffic signal would have to be operational prior to further Certificate of Occupancies being issued. Staff recommended approval of the Planned Unit Development request. Appliant Michelle Carlton, 800 North Highland Avenue, Orlando, was present requesting approval of the 300 unit mixed use luxury apartments and townhomes with resort style amenities. They met with surrounding neighbors and received unanimous support. She reviewed the benefits this proposal would bring to the city. Jason Keiser, Senior Vice President representing the applicant reviewed the mixed use of the project. Mayor Turville opened the public hearing. 5 Ciry of Clermont MINUTES REGULAR COUNCIL MEETING June 25,2013 Tod Howard, Lake County School Board, noted the impact fees have been suspended until January. This proposal would have a negative impact on the schools with approximately 76 additional students. The following spoke in opposition to the request: Jim Purvis, 4206 Hammersmith Drive; Xavier Rivera, 808 Crooked Branch Drive; Nelson Mendez, 3589 Foxchase Drive; Richard Morales,3643 Brian Run Drive; Walt Martin, 2440 Prairie Dunes; Frank Niemi, 1023 Princeton Drive; James Vallelunga, 3651 Briar Run Drive; and Cindy Weaver, 3636 Briar Run Drive. Mayor Turville closed the public hearing. Allison Yorko, Land Use Attorney representing the applicant reviewed specific conditions as recommended by staff. Mr. Heath, Planner,advised that 52 notices were sent out. Lydia Bishop, Riverstone Management Company, reviewed her experience in other communities throughout Central Florida and expects to serve residents between the ages of 22 to 32. Mr.Keiser commented the city needs more residential to feed the commercial development. Mayor Turville closed public hearing. Mayor Turville expressed concern with the number of homes and is interested in businesses and jobs Council Member Mullins expressed concern with the location of the proposed development and the parking spaces. Council Member Goodgame opposed the design of the project. Council Member Bates disclosed he met with the applicant and discussed the dog park and the overall project. He expressed concern with proposal. Council Member Van Wagner liked the commercial aspect however does not support the project. Council Member Goodgame moved for the denial of Item 8 Resolution 2013-14; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 10— Variance; Clermont Retirement Residence Senior Planner Henschel presented the variance request to allow for two off-site signs rather than none. The current city code does not allow for any off site signage. The Clermont Retirement Residence is located within the Celebration of Praise parcel at 3700 South Highway 27. The Clermont Retirement Residence does not have any frontage on Highway 27 or Hammock Ridge Road and would like to place an entry sign at each location. The sign on Highway 27 will be shared with the existing church and will conform to all height and size specifications per code. The second proposed sign will be located on the church property at the entrance of Hammock Ridge Road. This sign will also meet code requirements for height and size requirements. Staff recommended approval. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING June 25, 2013 Applicant, Mark Lowen, 3140 Kettle Court,was present to request approval Mayor Turville opened the public hearing. Jim Purvis,4206 Hammersmith Drive, supported the sign request except for the Highway 27 location Mayor Turville closed the public hearing. City Attorney Mantzaris questioned the agreement with the church. Mr. Lowen clarified it is a sign sharing agreement and an easement for Highway 27 and an easement to allow for a sign on Hammock Ridge Road that has been recorded. Council Member Goodgame supported the request. The Council and staff discussed possible issues in the event of a property owner change. Council Member Goodgame moved to approve; seconded by Council Member Mullins. Under discussion,Council Member Mullins prefers only one sign Council Member Goodgame suggested conditioning the request in the event the church property owner changes to return to Council. Council Member Goodgame withdrew the motion. Council Member Goodgame moved should the Celebration of Praise property become multi ownerships then this signage for the property as a whole would return to the Council; seconded by Council Member Mullins. Council Member Goodgame called for the question. The motion failed 2 to 3 with Mayor Turville and Council Members Van Wagner and Mullins opposing. Council Member Van Wagner moved to approve one sign on Highway 27 only seconded by Council Member Mullins. The motion passed 3 to 2 with Mayor Turville and Council Member Bates opposing. ADJOURN: With no further comments,this meeting was adjourned at 10:41pm. APPROVElaiww 1111 Harold S.Turville, Mayor ATTEST: ��� e.0 Tracy Ackroyd, Ci ler :1,\:` `,\ ``',e