Loading...
09-24-2013 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING September 24,2013 The Clermont City Council met in a regular meeting on Tuesday, September 24, 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 Assistant City Manager Blankenship,City Attorney Mantzans and City Clerk Ackroyd. INVOCATION Council Member Van Wagner gave the invocation followed by the Pledge of Allegiance. Mayor Turville reported Ordinance 2013-17 has been withdrawn. PUBLIC COMMENTS Jim Purvis commented on the aesthetics of the new car wash on Highway 27. Ginger Martin expressed concern regarding an incorrect statement made by Council Member Goodgame. Michael Corradino thanked the City for the lights on the trees m the Downtown Clermont distnct. Hugo Salvatore thanked the Council and Code Enforcement Officer O'Shea for taking care of a situation next to his home Gustave Ortiz thanked staff for the lights in downtown. He commented he attended the Lynx bus meeting and expressed his disappointment of the meeting forum. Mr. Ortiz requested the City to assist in funding Lynx route 204. REPORTS Assistant City Manager Blankenship reported the Final Budget Public Hearing will be held on September 26 at 6:00pm. City Attorney Mantzaris—No report. Council Member Bates—No report. Council Member Goodgame reported the Historical society will have a Singing Tree concert on October 16 at 4:00pm at the Community Center. Tickets are available at Historic Village for$10. On October 31, the Historic Village will become a `spooksville' and invited the children to attend. Council Member Mullins reported the Moonlight Players were currently performing "Spamalot", on October 19 there will be a Downtown Music Festival, and the Clermont Downtown Art Festival will be held on November 2°d and 3rd. Council Member Van Wagner—No report. Mayor Turville—No report 1 City of Clermont MINUTES REGULAR COUNCIL MEETING September 24,2013 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-Meeting Minutes Consider approval of the First Budget Public Heanng of September 12, 2013 Item No. 2-Bid Award Consider approval of bid award to Allstate Paving to provide pavement resurfacmg to City maintained streets in the amount of$200,672.00 Item No. 3-Event Request Consider approval of the Clermont Downtown Partnership to continue holding the monthly Family Food Truck events through November 2014 Council Member Goodgame moved to approve the consent agenda as wntten, seconded by Council Member Mullins. The motion passed with all members present voting aye. UNFINISHED BUSINESS The next two items were heard concurrently and voted on separately. Item No. 4 Resolution No. 2013-15 Poolside Grill Mayor Turville read Resolution 2013-15 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. Item No. 5 Variance Poolside Grill Semor Planner Henschel presented the Conditional Use Permit and Variance request. The property is located at 101 East Highway 50 and the proposed restaurant will occupy half of the existing business; Advanced Water Shapes, in addition to the area around the display pool. The overall parking requirement is a total of sixteen spaces and the applicant is requesting a variance to allow for a total of ten parking spaces. Staff recommended denial of the Conditional Use Permit and Variance request. It was voted unanimously by the Planning and Zoning Board to recommend denial of the Conditional Use Permit. Applicant,John Wetzel,was present to request approval. Mayor Turville opened the public heanng. Jim Purvis expressed concern with the property. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING September 24,2013 Judy Proli recommended denial. Mayor Turville closed the public heanng. Applicant John Wetzel responded as it relates to signage and noted it complied with City Code.He further commented the proposed parking exceeds the parking conditions of other buildings in the surrounding area. Council discussed and expressed concerns with the number of parking spaces, long-term use affecting future property owners; and the need for layout plans, hours of operation, seating area plan, dining area plan,and kitchen area plan. Mr. Wetzel requested a list of what Council is looking for and requested 30 days to produce the requested items. Council commented the need for a layout plan covering items such as the kitchen area, seating, dumpster location, and parking; for example, m addition to the days and hours of operation for the vanous businesses at the location Council inquired if denying without prejudice was an option in the best interest of Mr. Wetzel. City Attorney Mantzans stated the City Code does not have a provision for denial without prejudice. A denial cannot be re-heard for a year. Council can continue indefinitely or allow Mr. Wetzel to withdraw and bring back to Council. Council Member Goodgame moved to table to November 12; seconded by Council Member VanWagner. The motion passed with all members present voting aye. Council Member Goodgame moved for Item 5, the Variance for this Resolution be tabled to November 12; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 6 Ordinance No. 2013-17 Final This item was withdrawn. Item No. 7 Ordinance No. 2013-18 Final Mayor Turville read Ordinance 2013-18 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, closing and permanently abandoning that portion (0.5646 acres) of right-of-way of Steve's Road lying north of Lots 1 and 9,Clermont Crossings at Lost Lake,Plat Book 63,Page 69, and Lot 8A, Clermont Crossings at Steve's Road, Plat Book 64, Page 9, Public Records of Lake County, Florida, m the southwest 'A of Section 29, Township 22 South, Range 26 East; repealing all ordinances in conflict herewith,providing for severability,publication, and for an effective date. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING September 24,2013 Planning and Zoning Director Hollerand reported on the request to close rights-of-way once dedicated to Lake County for the widening of Steve's Road. Excess rights-of-way remained after the road construction completed and the remaining rights-of-way are within the corporate boundaries of the City. The property is located on Steve's Road, north of Clermont Crossing commercial center. Staff supported the request to close the nghts-of-way. Randolph Rush,Esquire,was present on behalf of the applicant requesting approval to vacate the parcels. Mayor Turville opened the public heanng. There were no public comments Mayor Turville closed the public heanng. Council Member Mullins moved to return the unused property to them; seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote with all members present voting aye NEW BUSINESS Item No. 8 Resolution No.2013-23 South Lake Church of Christ Mayor Turville read Resolution 2013-23 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 daycare facility m the C-2 General Commercial Zoning District. Senior Planner Henschel reported on the Conditional Use Permit to allow a Daycare Facility located at 100 East Grand Highway. The building will handle 50 to 60 children and the hours of operation are expected to be from lam to 7pm,Monday through Friday. The drop-off area is on-site. The Planning and Zoning Commission recommended approval. Staff recommended approval. Applicant Ken Schulte was present on behalf of South Lake Church of Christ Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing Council Member Goodgame moved for approval; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 9 Resolution No.2013-24 House of Deliverance Mayor Turville read Resolution 2013-24 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. 2012-18) to operate a House of Worship in the C-2 General Commercial Zoning Distnct and to allow monthly outdoor fundraising events. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING September 24,2013 Semor Planner Henschel presented the Conditional Use Permit amendment request to allow for monthly outdoor fund raising events within the parking lot at 309 East Highway 50. The event will occupy several parking spaces for a tent and portable grill. The Planning and Zoning Commission recommended approval. Staff recommended approval. Applicant, Samuel Arthur,was present to request approval. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public heanng. Council inquired if there was a parking agreement to occupy the parking spaces. Senior Planner Henschel responded the owner signed the Conditional Use Permit application. City Attorney Mantzaris commented that the owner of the property was participating in the application and the proposed Conditional Use Permit also contains a provision where if parking becomes an issue,Council can direct for parking changes or revoke the Conditional Use Permit. Council inquired if the Health Department becomes involved when the event is monthly. City Attorney Mantzans commented they would have to meet the required fire inspections related to outdoor cooking and possibly have to deal with the Health Department at some point. Council Member Mullins moved to approve Resolution 2013-24; seconded by Council Member Van Wagner.The motion passed with all members present voting aye. Mayor Turville recessed at 8:09pm; the meeting reconvened at 8:21pm. Item No. 10 Resolution No. 2013-17 Black West Mayor Turville read Ordinance 2013-17 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 Planned Umt Development in the UE Urban Estate Zoning District. Planning and Zoning Director Hollerand presented the request for a Conditional Use Permit for a Planned Unit Development on 579 acres located north of Old Highway 50, east of Hancock Road,west and east of Blackstill Lake Road, and abuts the Florida Turnpike. A five-acre parcel is being retained by the property owner. The future land use designation is Master Planned Development and the current zoning is Urban Estate. The proposal is for a mixed-use development consisting of up to 1,200 residential units; including up to 1,000 age-restricted units, and up to 100,000 square feet of commercial use The project contains significant open space and recreational improvements, including an integrated trail system which will connect to the South Lake Trail system. The proposal contains two entrances on Blackstill Lake Road and one on Hancock Road. The Flonda Department of Transportation is committed to opening an interchange just north of the property. The interchange is scheduled to open in 2016. Lake County is extending Hancock Road from its existing connection at Old Highway 50 to the proposed interchange. A segment of the Hancock Road improvements will extend through the property and provide additional access to the proposed project. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING September 24,2013 The applicant requested waivers to sections in the Code which address lot sizes and standards for new street construction and grading. The specific considerations and vanances include, (1) allow pnvate streets with gates, (2) allow up to twenty-five feet of cut and fill, (3) allow grading between multifamily developments to be a four to one slope, (4) allow ten foot high retaimng walls, (5) allow lot sizes smaller than one acre,(6)allow sidewalks located five feet off the back of the nght-of-way line, (7)mcrease total impervious surface coverage areas for individual lots to seventy-five percent, and sixty-five percent for the pnncipal structure, (8) reduce front yard setbacks to fifteen feet, (9) reduce side yard setbacks to five feet, (10) reduce rear yard setback to twenty feet, (11) reduce side yard utility easements to match side yard setbacks, and(12)allow existing billboards to remain on a temporary basis. Staff proposed a condition to be included regarding residential structures meeting the National Fire Protection Associations standards for sprinkler systems. Planning and Zoning Director Hollerand read a statement from Bill Manuel, provided information on school concurrency, projected area growth, access roads, Lake-Sumter Metropolitan Planning Organization approval of the project traffic study. The Planning and Zoning Commission recommended denial on a 4 to 2 vote Staff recommended approval of the proposed request. Council Members VanWagner, Mullins, Goodgame and Bates disclosed they each had met individually with the applicant and discussing setbacks,hill cuts, school impact,traffic impact,Old Highway 50,trails, acreage donation, parks and recreation fee donations, green space, play area for children, age-restncted properties,resident amenities, and cut and fills. Mayor Turville stated he did not meet with the developer. Mrs. Cecelia Bonifay, Esquire, Akerman Senterfitt, was present on behalf of applicant Taylor Momson. She recognized President Maunce Johnson; Greg Clark, Vice President; and Chris Tyree, Director of Land Development and Planning. Division President of Taylor Momson Homes, Maurice Johnson, provided background information on developing communities.Taylor Morrison Homes has over seventeen communities in Central Florida. Ms. Bomfay provided history of the project. Chris Tyree, Director of Land Development and Planning, commented the project began ten months ago with a plan to integrate with the hills and slopes. He stated there were onginally mneteen waivers requested, which have been reduced down to nine waiver requests. Additionally, he expressed support of the traffic signalization on North Hancock Road and Diamond Players Club Boulevard as long as it is warranted by Lake County and the City of Clermont. Jeff Raffson, Core Street Partners, provided an overview of the project. The project integrates open space, internal and external trail systems, signature amenities and parks. The proposed park trail network connects the amenities of the project. There is a pnmary home area and an active adult community area. Environmental Flonda-friendly native landscaping will be used for the project and the backside of the property will be preserved. The canopy trees overhanging the existing trail and on Old Highway 50 will remain and a trailhead will be mcorporated into the project. The area along Blackstill Lake Road will remain undisturbed. The overall design plan of the project was presented; including signage, monuments,use of stone matenal,and fencing. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING September 24,2013 Cecelia Bonifay,Esquire,was available to answer questions. Mayor Turville opened the public heanng Gail Ash, Linda Killoran,William Manuel, Pam Sweat, Gary Webster,Donald Hood, Charles Lacey, and Ginger Martin expressed concerns regarding increased impervious surface areas, setbacks, larger homes on smaller lots, aquifer recharge, twenty-five foot cut and fills, retaining wall heights, Home Owner Association demands, density, use of commercial property, adjoining property access, existing railroad trestle, landscape buffer, stormwater runoff, effect on wildlife, the bike trail, placing sidewalks in rights- of-way,and green space. Jim Purvis, Judi Proli, Frank Niemi, James Watson, Carlos Solis, Mike Blaise, Robert Paul, Meagan Duncan, Glenn Butt, Nick Jones commented on the good reputation of Taylor Morrison Homes, the positive aesthetics of the project,developers willingness to address concerns,and supported the project. Mayor Turville closed the public heanng. Council expressed concerns regarding setbacks, the distance between the sidewalks and the garage door, the number of fifty-foot lots, and residential canopy trees. Staff stated the distance between the sidewalk and the house would be twenty feet. Scott Sterns, Dewberry/Bower-Singleton, stated the minimum setback was five feet. There are varying setbacks and not all homes would be ten foot apart. There are lot size options which provide diversity and approximately thirty-five percent are fifty-foot lots The fifty-foot lots are mainly in the age restricted community. Jeff Raffson, Core Street Partners, addressed the landscape trees and commented the trees in the front yard would not be root invasive trees with shade trees in the rear yard. Council discussed avoiding the twenty-five foot cut and fill and the ten foot retaining wall. Scott Stern responded cutting down the hills are not part of the plan; however there are points and valleys which will need to be addressed. Less than two percent of the area will require more than the Code allows for cut and fill. There is a twenty foot buffer from where the retaining wall will be placed and stated they will meet with the neighbors. Council requested information on home elevations, density, and the commitment for open space. Maurice Johnson; Taylor Morrison Homes President, provided renditions of home elevations for the primary area and the age restricted area. Economic Development Director Hitt commented the density would be 2.48 units per acre Scott Sterns provided the exhibit showing the areas of cut and fill which could exceed City Code. Regarding the open space, Cecelia Bonifay stated this is tied to the Conditional Use Permit and would require an amendment for any changes; including density calculations There was further discussion regarding the retaining wall The proposal included a waiver for a ten foot retaining wall with a twenty-five foot buffer. Greg Clark, Taylor Momson Homes, stated they would remove the waiver request regarding the retaining wall. Council expressed concern regardmg the number of amenities in the age restncted area. Maunce Johnson stated the intenor clubhouse in the age restricted area is larger. The majority of the site is pnmary housing with the northeast side consisting of the age-restncted community. Council member Goodgame noted; for the eventual motion, if the percentages change by more than ten percent then adjustments will need to be made. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING September 24,2013 Council questioned the traffic study relating to Highway 27, Grassy Lake Road, and Hancock Road. Brent Lacy, Little John Engineering, stated the study accounts for existing traffic, growth, and all approved development Council discussed the railroad and questioned if the railroad would become a road Cecelia Bomfay, Esquire, responded the extension of the railroad nght-of-way is a potential multi-modal connector. Lake County was pushing the developer to look at this as a second entrance. There are no plans to develop a road. It could be used for bikes, trails or a number of options. It is not included as a road in the traffic study or shown as an access. If the applicant wanted to develop a road at that location, it would be necessary to return to Council to request a change to the number of entrances and put in a road. Council Member VanWagner moved to approve the project; seconded by Council Member Mullins. Durmg discussion, Council requested amendments to the motion to include residential fire sprinklers, removing one ten-foot wall from the edge of the property, removing condition 18, limit cut and fill at twenty-five feet to two percent of the entire 580 acres, and the development is limited to seven hundred non-age restncted homes and 500 age-restricted homes and plans to deviate by ten percent would require a proportional amenity adjustment. Council Member VanWagner amended the motion to reflect Council requests, seconded by Council Member Mullins. The motion passed with those present voting aye. ADJOURN: With no further comments,this meeting was adjourned at 11:10pm. APPROVED: 'S.Turvil e,Mayor ATTEST: Tracy Ackroyd, City Clerk 1� 8