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06-24-2014 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING June 24,2014 The Clermont City Council met in a regular meeting on Tuesday, June 24,2014 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 Goodgame, Mullins, Bates and Van Wagner. 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 PUBLIC COMMENTS Wally Herda expressed safety concerns with Brighthouse placing locator flags from Highway 27 to East Avenue for months prior to starting a project. He requested a Resolution to be notified when a project begins and ends for contractors. Council Member Mullins asked City Manager Gray to direct code enforcement to follow up on the matter. City Attorney Mantzaris noted it is a second degree misdemeanor if the flags are picked up before the 30 days has elapsed. REPORTS City Manager Gray reported on a Movie Night at 7pm on Saturday,June 28 that will be free to the public at the Arts and Recreation Center. June 29 is the battle between the Police and Fire Department at City Hall Park at fpm during the Farmers Market. The City will honor Lake County Supervisor of Elections Emogene Stegall with a proclamation on July 8 as the longest serving Supervisor of Elections in Florida. City Attorney Mantzaris-No Report Council Member Bates—No Report Council Member Goodgame welcomed the opening of Dick's Sporting Goods commenting they are a good fit into the City as a health and wellness community. Council Member Mullins—No Report Council Member Van Wagner—No Report Mayor Turville—No Report 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-Contract Approval Consider approval of the request to piggyback the City of Palm Coast contract with Danella Construction of Florida to provide Fibernet OSP Operations and Maintenance 1 City of Clermont MINUTES REGULAR COUNCIL MEETING June 24,2014 Item No. 2-Resolution No.2014-18 Consider approval of the Fiscal Year 2014 Budget Amendments Council Member Mullins moved to approve the consent agenda; seconded by Council Member Goodgame. The motion passed with all members present voting aye. UNFINISHED BUSINESS The next two items were heard concurrently and voted on separately. Item No. 3 Resolution No.2014-12 City Clerk Ackroyd read the Resolution 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 gun range within the C-2 General Commercial zoning district. Item No. 4 Variance Senior Planner Kruse presented the request for a gun store and range Conditional Use Permit The applicant requested to renew an expired Conditional Use Permit for an indoor gun range in the C-2 General Commercial Zoning District. The gun range consists of 12 shooting stations and will also have a retail gun store. The gun range is not listed in the Land Development Code as a permitted use and would require a Conditional Use Permit. The gun store is considered retail and would not require a Conditional Use Permit.The overall square footage will be approximately 7,000 square feet. The project was previously approved by the City Council under Resolution No. 2010-26 and amended by Resolution No. 2012-01. The previous applicant, David Heck, did not start construction on the project within the two year time frame and resulted in the Conditional Use Permit becoming null and void. The two year time frame expired on January 10,2014. Staff recommended approval. Aaron Collins; applicant, was present. He took over the project after the previous applicant passed away. There are no changes to the project and he would like to build immediately. Mayor Turville opened the public hearing. Wally Herda, 1109 Hampton Street,expressed concern about noise. Jim Purvis, 4206 Hammersmith Drive, supported a gun range. He opposed the location and asked for clarification on the request City Attorney Mantzaris clarified the gun range requires a Conditional Use Permit; not a gun store Tim Murry, 574 E. Desoto Street, expressed concerns with the location and parking. He supported a gun range. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 24,2014 David Gustason, 1259 Legendary Blvd. spoke in favor of the gun range. Devon Cole,491 E.Osceola Street,opposed the gun range in that community;build in another location. Jerry and Deborah Simpson, 13056 Pine Cone Trail, spoke in support of the gun range. Jerry Ameral,905 561 Street, spoke in support. Edward Shelton, 722 E. Desoto,opposed the location of the proposed gun range. Jeff Kleinfeld,422 Balboa Blvd,spoke in favor of the gun range. John Hill; General Manager, commented the gun range was a state of the art facility. The ventilation system is superior to any indoor range in Florida.He requested approval. Michelle Michnoff, 1323 Lakeview Drive, opposed the location and supported a gun range. Steve Smith, 1313 Briarhaven Lane, opposed the location and expressed safety concerns in the parking lot. Mayor Turville closed the public hearing. Council Member Goodgame opposed the application and commented he was a strong supporter when it was previously heard by the Council. Council Member Mullins expressed concern with access issues and no retention pond. He opposed the property location for this request. Council Member Bates noted he would like to have a gun range in Clermont however could not support the request due to the concerns of the neighborhood. The applicant stated he has not considered other properties in the area. Council Member Van Wagner did not support the project in honor of the neighborhood and would like the business in another location. Council Member Van Wagner moved to deny the Conditional Use Permit application; seconded by Council Member Goodgame. The motion passed unanimously with all members present voting aye. Council Member Mullins requested City Manager Gray have Economic Development Director Hitt work with the applicant to find another location. The following six items were presented together and voted on separately. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING June 24,2014 Item No. 5 Ordinance No.2014-02;Final City Clerk Ackroyd read the ordinance aloud by title only. An Ordinance of the City Council of the 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. Item No. 6 Ordinance No.2014-03;Final City Clerk Ackroyd read the ordinance aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the Small Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Small Scale Comprehensive Plan Amendment; providing for the adoption of the Small Scale Comprehensive Plan Amendment; establishing the legal status of the Small Scale Comprehensive Plan Amendment; providing a severability clause and providing an effective date. Item No. 7 Ordinance No.2014-04;Final City Clerk Ackroyd read the ordinance aloud by title only. 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 described herein as shown below;providing for severability,effective date,and publication. Item No. 8 Ordinance No. 2014-05;Final City Clerk Ackroyd read the ordinance aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, closing and permanently abandoning the 15 foot right-of-way easement for 574.46 feet of the platted unnamed road lying south of tract 48; repealing all ordinances in conflict herewith,providing for severability,publication,recording,and for an effective date. Item No. 9 Resolution No. 2014-03 City Clerk Ackroyd read the ordinance 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 multi-family complex with more than 12 units consisting of multi-family residential units,town homes, club house,and pool. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING June 24,2014 Item No. 10 Variance Senior Planner Kruse presented the Tower Park project formerly known as Citrus Tower Apartments The applicants and owners, Daljit and Satinder Gill, requested annexation of a 8.73 acre parcel located along the west side of Citrus Tower Boulevard between Steve's Road and Hooks Street. The property is within the Joint Planning Area and is contiguous to the City on two sides. The annexation is consistent with the Goals,Objectives and Policies of the City's Comprehensive Plan. Staff recommended approval. The petitioners; Daljit and Satinder Gill,requested a future land use amendment to change the future land use from Lake County Regional Office to the City's Residential/Office land use category. Based on current land use trends, the City estimates the mix of uses in the residential/office category will be 65 percent residential and 35 percent non-residential. Staff recommended approval. The applicants and owners requested a rezoning from Urban Estate"RA" in Lake County to the City's R- 3 Residential/Professional zoning designation. The current zoning in the area would allow the R-3 zoning designation. Staff recommended approval. The petitioners requested closing a road right-of-way west of Citrus Tower Boulevard and north of Steve's Road. The right-of-way was part of an unimproved right-of-way which was never developed for public use Staff recommended approval,conditioned on the City receiving a 15-foot utility easement. The applicants and owners requested a Conditional Use Permit for a proposed development consisting of 72 multi-family residential units, 32 town homes, a club house, and pool. The Conditional Use Permit contains seven specific conditions provided by the applicant. Staff recommended approval. The petitioners requested four variances for the proposed development. The first variance allows cutting into the slope of the existing grade and removing more than 10 feet of soil. The second variance allows for two 6 to 10 foot high retaining walls. The third variance allows construction of three multi-family residential buildings higher than 45 feet. The fourth variance allows for a gated entrance to the project. Staff recommended denial of the four variance requests. Dave Carter; Ridge Professional Group Engineer, stated the original plan called for 92 apartments, parking, a 1-acre commercial section, and a club house without a pool. The revised plan contains a section of townhouses with enclosed garages, three apartment buildings clustered on the north side with underground parking,and a pool. Mr. Carter addressed the Council's prior concerns regarding density, amenities, apartment occupancy rates, school concurrency, and walking distance to schools. The average density for the overall site is 12 units per acre and the plans include a pool. A substantial portion of the surface parking has been removed. Occupancy rates for apartments in the Clermont area is between 87 and 89 percent. The schools are within walking distance and current Lake County School Board projections show the project with the revised plan would not create an adverse impact on the schools. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING June 24,2014 The specific conditions agreed to with the neighbors several months ago were reviewed. Condition 9 was dropped due to the City Council and City Attorney agreeing it was not a condition for consideration. Part of Condition 1 was to include a six foot decorative wall, which was removed as the wall would sit low and would not be seen. The remainder of Condition 1 was retained. The doubling of the landscaping was removed. Conditions 2, 3,4, 6, and 7 are identical to the original conditions. Condition 5 contains the additional wording"around the southwest corner". Mayor Turville opened the public hearing. Paul Mascia, 2434 Linkwood Avenue, spoke in opposition and stated he has a petition with approximately 200 signatures opposing the project. Beverly Feiy,2442 Linkwood Avenue was opposed to the project. Darryl Pickett,2442 Linkwood Avenue,requested Council deny the project Shaun and Autum Rivas, 2473 Linkwood Avenue, spoke in opposition of the project and expressed concern with the project increasing transient traffic. Chris Bowling, 1271 Lattimore Drive,opposed the project Diane and William Castro,2454 Linkwood Avenue, spoke in opposition of the project. Novella Shaw, Southridge Subdivision, opposed the project and expressed concerns regarding traffic congestion and crime. Mr.and Mrs. Marin,2495 Linkwood Avenue, were opposed to the project and expressed concern with the impact on schools Victor Lopez,2465 Linkwood Avenue,spoke in opposition of the project and requested denial. Owen Myers,2466 Linkwood Avenue, opposed the project. Kimberly and Terry Hausler,2438 Linkwood Avenue,requested denial. Dennis Allard, 1792 Nature Cove Lane,opposed the project and requested denial. Mayor Turville closed the public hearing David Carter, Ridge Professional Group Engineer, proposed to remove the apartments, add 18 townhomes,and withdraw the wall and cut-and-fill variance request. City Manager Gray commented staff would need to review the proposal. Mayor Turville stated Council should consider the current proposal unless the applicant requests withdrawal. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING June 24,2014 Council Member Mullins commented the project was improved from the original project, but expressed concern regarding the number of residences on the property. The property is in the county and the applicant could remain in the county, allowing the applicant to build the project as presented. He suggested tabling the request for three to six months to allow the developer to present a quality townhome with amenities to attract appropriate homebuyers Council Member Goodgame was opposed to the apartments and expressed concern with the impact on the schools. He agreed to provide the developer time to return with an improved project. Council Member VanWagner was opposed to allowing additional time Council Member VanWagner moved to deny the annexation; seconded by Council Member Bates. The motion passed 4 to 1 on a roll call vote with Council Member Mullins opposing. With a denial of the annexation,the applicant can return with a new annexation application. NEW BUSINESS Item No. 11 Resolution 2014-16 City Clerk Ackroyd read the Resolution 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 house of worship in the C-2 General Commercial Zoning District Planning Manager Henschel presented the Conditional Use Permit to establish a house of worship in the C-2 zoning district. The church proposes to occupy 3,700 square feet of office/retail building space available at 159 North Highway 27. The church proposes to have meetings on Tuesday and Wednesday evenings and a service on Sunday. Staff recommended approval. Applicant Greg Homan was present and requested approval. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member VanWagner noted Legacy Church has been in existence for a number of years and supported the request. Council Member VanWagner moved to approve; seconded by Council Member Mullins. The motion passed with all members present voting ave. 7 Ciry of Clermont MINUTES REGULAR COUNCIL MEETING June 24,2014 Item No. 12 Resolution No. 2014-17 City Clerk Ackroyd read the Resolution 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 an auto rental business in the C-2 General Commercial Zoning District Senior Planner Kruse presented the request from Hertz Rental Car for a Conditional Use Permit to operate a car rental business at 1500 Oakley Seaver Drive. The applicant received approval from the landlord for the requested use. Staff recommended approval. Applicant Marcus Echtler was available to answer any questions. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, supported the proposal and expressed concern with washing and detailing cars in the parking lot. Mayor Turville closed the public hearing. Council Member Mullins inquired if a shop vac would be used on the premises. Council Member Goodgame requested the applicant address washing and detailing the vehicles. Mr. Echtler stated there would be a shop vac behind the building and a nearby car wash will be used for exterior washing and detailing. City Attorney Mantzaris suggested adding the standard noise language to the Conditional Use Permit. Council Member Mullins moved to grant the Conditional Use Permit with the addition of the noise paragraph; seconded by Council Member Bates. The motion passed unanimously with all members present voting aye. ADJOURN: With no further comments,this meeting was adjourned at 9:22pm. APPROVED: • arold S.Turville,Mayor ATTEST: ` N' • , Tracy Ackroyd,City rk o, ir 8