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08-26-2014 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2014 The Clermont City Council met in a regular meeting on Tuesday, August 26, 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 VanWagner. Other City officials present were: City Manager Gray,City Attorney Mantzaris and Deputy City Clerk Noak. INVOCATION Council Member Vanwagner gave the invocation followed by the Pledge of Allegiance. PROCLAMATIONS Mayor Turville read a proclamation aloud declaring September 17 through September 23, 2014 as Constitution Week and presented the proclamation to Susan DeHart with the Tomoka Chapter of the Daughters of the American Revolution Mayor Turville read a proclamation aloud proclaiming the month of August as Florida Water Professionals month. PUBLIC COMMENTS There were no public comments. REPORTS City Manager Gray announced the Community Redevelopment Agency will meet Tuesday, September 9 6 30pm and the two public budget hearings will be held on September 11 and September 25 at 6pm. The Lake County Board of County Commissioners removed the South Lake Regional Park from the budget and the official action will happen at their final budget hearing. Council Member Mullins inquired if the City could raise the non-resident fees for use of the City's ball field, swimming pools and other amenities. City Manager Gray stated non-resident fees could be established by resolution. City Attorney Mantzaris stated the Interlocal Service Boundary Agreement had been tabled to tonight's meeting; however the agreement would not be on the agenda. He and City Manger Gray discussed that it was in the best interest of the City for the original agreement approved by Council to be the agreement the City requests Lake County to approve Council Member Bates announced he was appointed to serve on the Growth Management and Economic Affairs Committee by the Florida League of Cities. Council Member Goodgame mentioned attending the induction ceremony for nine new firefighters He requested City Attorney Mantzaris look into preventing smoking e-cigarettes in no smoking areas due to a complaint he received from the Wal-Mart store manager He congratulated Council Member Bates on his appointment to the Growth Management and Economic Affairs Committee. Council Member Goodgame announced he was elected as chair-elect of the Lake and Sumter County Metropolitan Planning Organization beginning January 2015. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2014 Council Member Mullins announced First Friday would be held on September 5 The Food Trucks will open at 5.30pm and the band will begin at 6pm. He stated Lake County has reappointed him to Sales Tax Advisory Oversight Committee. Council Member VanWagner stated he attended the induction of nine new firefighters Mayor Turville-No report. Mayor Turville announced Item 16, the Intergovernmental Coordination Element Comprehensive Plan Amendment will not be heard due to the status of the Interlocal Service Boundary Agreement City Attorney Mantzaris requested the amendment be tabled to October 14. Council Member Mullins moved to table Item 16 to October 14; seconded by Council Member Mullins. 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 -Council Meeting Minutes Consider approval of the Regular Council Meeting Minutes of June 24,2014. Item No 2-Surplus Equipment Consider request to surplus Fujitsu scanner Item No. 3 -Contractor Name Change Consider approval of contractor name change from Fountain Pest Control, LLC to Orkin, LLC Item No. 4- Bid Award Consider approval of bid award to United States Service Industries, Inc. (USSI) for janitorial services for the annual amount of$187,713.72. Item No. 5 -Bid Award and Budget Amendment Consider approval of bid award to GAI Consultants, Inc.to provide a master plan for the City of Clermont and the Downtown-Waterfront in the amount of $150,000 and a budget amendment to the General Fund in the amount of$30,000 Item No. 6-Contract Approval Consider approval to piggyback the Lake County contract with Bennett Fire Products Company, Inc. Item 2 was pulled by Gustave Ortiz. Jim Purvis pulled Items 4 and 5 2 City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2014 Council Member Goodgame moved to approve Items 1, 3, and 6 of the Consent Agenda as submitted, seconded by Council Member Mullins. The motion passed with all members present voting ave. Jim Purvis stated when he looked at the City's website, the complete bid packet was not available for Items 4 and 5 and asked if Council received a complete bid packet for review. City Manager Gray stated Council receives a summary tabulation of the bids Gustave Ortiz inquired how the City handled approved surplus items such as Item 2 City Manager Gray stated approved surplus items are sent to auction or sold through GovDeals using a bid process. Development Services Director Hollerand presented a power point presentation regarding Item 5, Master Plan for Clermont and the Downtown-Waterfront. The Scope of Work includes an action plan for five, ten, and twenty years, focusing on the revitalization of the downtown and waterfront district. The Request for Proposal responses was shortlisted and the top two firms gave presentations to the evaluation team in July. The evaluation team selected GAI Consultants and Purchasing Manager Suarez renegotiated the agreement, saving the City $123,970.00. Staff recommended approval of the bid award and budget amendment. Council Member Goodgame moved for acceptance of Items 2, 4, and 5 of the consent agenda as discussed and cited; seconded by Council Member Mullins. The motion passed with all members present voting ave. UNFINISHED BUSINESS Mayor Turville announced Items 7 through 11 were associated with the Lakeview Village Townhomes project and the titles would be read first,discussed collectively,and voted on separately. Item No. 7-Ordinance No.2014-19; Final Lakeview Village Townhome Annexation Mayor Turville read Ordinance 2014-19 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.8-Ordinance No.2014-20; Final Small Scale Comprehensive Plan Amendment Mayor Turville read Ordinance 2014-20 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. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2014 Item No. 9-Ordinance No.2014-21; Final Rezoning Mayor Turville read Ordinance 2014-21 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. NEW BUSINESS Item No. 10-Resolution No.2014-24 Lakeview Village Townhomes Mayor Turville read Resolution 2014-24 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 Item No. 11 -Variance Lakeview Village Townhomes Senior Planner Kruse stated Items 7 through 11 would be presented and heard together. The applicant is RM Plus, LLC and were represented by Attorney Johnathan Huels The project is Lakeview Village Townhomes. The applicant requested to annex 7.95 acres of land located on the east side of Grand Highway, halfway between State Road 50 and Pitt Street The property is within the City's Joint Planning Area and is contiguous to the City, with water and sewer available to service the location. Staff recommended approval of the annexation request. RM Plus, LLC requested a Small Scale Comprehensive Plan Amendment future land use change from Lake County Urban Medium Density to the City's Medium Density Future Land Use category. The proposed Medium Density Future Land Use category is compatible with the surrounding area Staff recommended approval of the Small Scale Comprehensive Plan Amendment request The applicant requested a rezoning change from Lake County "A"Agricultural District to the City's "R- 3" Residential/Professional zoning designation upon approval of the annexation request. The proposed request is compatible with the surrounding area. Staff recommends approval of the rezoning request The Lakeview Village Townhome project is a proposed multi-family development consisting of 28 townhomes with amenities which include a clubhouse and a pool. The project consists of seven multi- story buildings with four units per building and garages incorporated into the structure. Each unit will have a two-car garage with parking available in front of the garage. Staff recommended approval of the Conditional Use Permit. RM Plus, LLC requested five variances for the proposed project The variances requested were: (1)allow a 15 foot front yard setback (2) allow a 19 foot rear yard setback (3) allow a 50 foot right-of-way width (4) allow a lot size less than 3,500 square feet per dwelling unit, and (5) allow a 30 foot wide lot width. Staff recommended denial of the requested variances 4 City of Clermont MINUTES REGULAR COUNCIL MEETING August 26,2014 Jonathan Huels; Attorney for RM Plus, LLC, stated the property was located on Jack's Lake behind the Clermont Regional Shopping Center. Grandview Apartments are across the street and to the north are the Hillside Villas Condominiums. The project will have two access points onto Grand Highway which connect to a central roadway bisecting the project The proposal includes a pool, tot-lot, pedestrian trail, and a recreational dock on Jack's Lake. The density of the project is approximately three and a half dwelling units per acre. The ownership of the individual residences will be fee simple, with the common areas owned and maintained by an association. The building elevations submitted in the Conditional Use Permit have been enhanced and each residence will have three levels containing 1,700 to 1,900 square feet of space with a two-car garage. The variances were requested due to the 100-year flood zone The setback reductions will still allow for two cars to park in the driveway with no impact on the pedestrian system. The interior zero-lot line residences will not have a setback reduction Mayor Turville opened the public hearing. Jim Purvis, Rick Weber, Jan Miller, Gustave Ortiz, Duane Vicevich, and Gail Hosch expressed concerns regarding the proposed project's density, variance requests, residential parking, flood plain effect on the property value,traffic,pollution on Jack's Lake,and crime . Nick Jones spoke in favor of the project. Attorney Huels stated the setback deviations from the code prevent the project from having to meet cut- and-fill requirements and placing vertical structures within the flood plain. An initial traffic study was completed and the project will have a low impact on traffic. The project contains more than fifty percent green space and will not have an impact on the wetlands. The requested front-yard setback will allow for an eighteen foot distance from the front of the garage to the house side of the sidewalk and the sidewalk will extend three feet into the right-of-way. Mayor Turville closed the public hearing. Council Member Bates inquired about the impact the project will have on schools. Attorney Huels responded the school impact report showed a total generation of ten additional students. Mayor Turville asked what would be located in the flood plain Attorney Huels commented they will seek a permit from St Johns River Water Management District to place stormwater in the flood plain. Mayor Turville inquired how many townhome units could be built without the requested variances. Attorney Huels commented the number of units would decrease to twelve units Council Member Goodgame requested details on the areas requiring the variances. Attorney Huels stated the rear yard setback variance request applies to a northern lakefront unit; the front yard setback, lot size, reduced lot width, and road width variances apply to all units. Council Member Mullins commented a piece of property to the north is part of the annexation and inquired if the property had been included in the density calculations Dave Dresher; Project Architect, stated the map was incorrect and the property was not part of the annexation request. It was not included in the density calculations 5 City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2014 Council Member Mullins indicated there was a difference in unit spacing between two drawings. Mr. Dresher stated the original submittal for the Conditional Use Permit was to have larger units; however the owner is no longer seeking larger units Council Member Mullins expressed concern with meeting the City's landscape requirements. Mayor Turville inquired about the building height and distance from the flood plain. Mr Dresher presented two elevation diagrams and stated the lakeside buildings would be eleven feet from the 100 year flood plain Council Member Goodgame requested a new letter from the Lake County School Board before the project receives a permit. Attorney Huels stated the project would be required to meet school concurrency. Council Member VanWagner inquired if the plans Council was reviewing were the plans submitted to staff. City Attorney Mantzaris stated the current Conditional Use Permit contains the June 27 plan, which was not the plan being presented. The appropriate plans should be incorporated into the Resolution and the Conditional Use Permit. Council Member Bates inquired about spacing between the buildings. Dave Dresher; Architect, stated when they submit the site permitting plans there will be twenty feet between the buildings. City Attorney Mantzaris stated typically when the City Council adopts a Conditional Use Permit the conceptual plans presented were as close to the end product as possible. Without a plan that is dated for Council to review, Council would have to rely on staff to meet with the developer to select the plan to incorporate into the Conditional Use Permit. Mayor Turville inquired if staff had taken the flood plain into account when reviewing the rear yard setback Planning Manager Henschel stated the code requires a twenty-five foot minimum setback from the wetland line. Mayor Turville asked how far the pool was from the Grand Highway right-of-way. Mr. Dresher stated a six foot high wall will be fifteen feet from Grand Highway and the back of the wall to the pool deck will be twelve feet Mayor Turville suggested Council table all of the items related to the project and asked the applicant the amount of time needed to provide updated plans for the Conditional Use Permit Attorney Huels stated the update of the plans could occur for the October 14 Council meeting. Attorney Mantzaris stated the motion could be made to table 7, 8,9, 10 and 11 to October 14. Council Member Bates so moved; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Mayor Turville recessed the meeting at 8:55pm. Mayor Turville reconvened the meeting at 9.04pm Mayor Turville received the unofficial primary election results and announced Tim Murry and Diane Travis would be on the General Election ballot for Seat 5. 6 _ City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2014 Item No. 12 -Resolution No.2014-19 Lifestyle Community Church Mayor Turville read Resolution 2014-19 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 a proposed Conditional Use Permit amendment to allow a house of worship and a day care at Clermont Hillside Terrace, located at 2400 South Highway 27. The current Conditional Use Permit-includes retail sales, lounges, restaurants, personal services, professional and medical offices, and residential uses. The house of worship plans to meet in a 2,145 square foot space, hold services on Sundays and bible study classes on Thursdays The applicant is requesting approval to operate a daycare center Monday through Friday. Staff recommended approval David Rosa,Applicant, was available to answer any questions. Mayor Turville opened the public/hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member VanWagner motioned to move forward with the request; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 13-Resolution No.2014-20 Clermont Central Church Mayor Turville read Resolution 2014-20 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 request for a Conditional Use Permit for a house of worship at 1 Westgate Plaza. The congregation plans to meet in the 2,300 square foot upper level of the building on Sundays and Wednesdays. Staff recommended approval. Arthur Eaton;Applicant, was available to answer any questions. Mayor Turville opened the public hearing. Gustave Ortiz inquired the necessity for a house of worship to obtain Council approval. Mayor Turville stated the City Code requires approval of houses of worship in any zoning district Mayor Turville closed the public hearing. Council Member VanWagner moved to approve, seconded by Council Member Goodgame. The motion passed with all members present voting aye. Mayor Turville announced Items 14 and 15 were associated with the proposed Woodwinds Apartments project and would be discussed collectively and voted on separately 7 • City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2014 Item No. 14-Resolution No.2014-21 Woodwinds Apartments Item No. 15-Variance Woodwinds Apartments Mayor Turville read Resolution 2014-21 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 Planned Unit Development for a proposed 108 unit apartment development. Senior Planner Kruse presented the Conditional Use Permit and the variance request. The applicant is Steve Smith with New,Beginnings and was represented by Attorney Jimmy Crawford. The proposed project is located north of the intersection of Hunt Street and Grand Highway,east of Grand Highway and south of Citrus Tower Boulevard. The applicant is proposing a multi-family development with 108 apartments and onsite amenities. The applicant recently requested a reduction to 100 apartments. The parcel had been granted a development' proposal by the City of Clermont which had been known as Woodwinds Condominiums. The project will consist of four three-story buildings with parking located in front of the units and along the access drive. Each building will house 24 to 36 apartments with a mixture of one, two, and three bedrooms The applicant has requested three variances for the project. The variances requested are to: (1) allow for retaining walls up to 12 feet high (2) allow cut and fill of up to 24 feet, and (3) allow a 50 foot right-of- way width. Staff received letters of opposition regarding the proposed changes. Staff recommended approval of the Conditional Use Permit. Staff recommended denial of the variance request Attorney Jimmy Crawford stated the only significant change was the type of ownership There were some changes to the site plan,and the 60-foot building height variance is no longer necessary. The ownership type proposed is a Florida Housing Finance Corporation apartment complex. The project is not Section 8 Housing or public housing, it is housing financed by bond sales through the State of Florida and is for working people with modest,incomes. The complex will be first class with amenities such as a pool,club house,and playgrounds. Steve Smith;New Beginnings, stated Clermont needs additional workforce housing. Currently the two workforce housing complexes, Osprey Ridge and Sandy Hill, are at full occupancy with waiting lists Mr. Smith read email'correspondence in support of the proposed project. The income restrictions are set by the State and tenants must make between $18,000 and $36,000 a year. The rental rates will be $550 a month,for a one-bedroom apartment; $670 a month for a two bedroom apartment; and $750 a month for a three bedroom apartment. Florida Housing Finance Corporation has approved the location and the developer for the proposed project. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2014 Attorney Crawford introduced Arthur Nix, Project Engineer, and requested Mr. Nix explain the differences between the previous and current site plan. The current site plan was slightly updated from the one presented to staff. The site plan shown contains tentative locations of the Community Center, office, pool, and playground facilities The buildings on the south side of the proposed site plan are further from the south property line than the 2005 site plan. The retention pond is the same and retaining walls were added due to the parking area. The cut and fill variance request is for the retention pond and a small area south of the parking location The current architect; Jeff Howell, was introduced by Attorney Crawford. Mr Howell commented the original design contained underground parking and interior corridor access. The current design provides each apartment to open up to breezeway stairs The prior elevation was 60 feet high, however the roof pitch will be lowered, reducing the maximum elevation to 50 feet Attorney Crawford stated the proposed project was not low-income housing and would not have an adverse effect on surrounding neighborhoods. Studies were presented which noted tenant screening, security, management, and upkeep were primary factors in maintaining positive influences in a community. Attorney Crawford introduced co-developer Shawn Wilson with Blue Sky Communities. Mr Wilson stated he has developed housing under the federal program for more than 20 years Oliver King, Osprey Ridge Property Manager, was introduced by Attorney Crawford Mr. King provided photographs of Osprey Ridge and described some of the activities provided at Osprey Ridge. Attorney Crawford introduced Ed Nickman; Clermont Yacht Club investor and former resident. Mr Nickman commented Osprey Ridge did not have any adverse effect on Clermont Yacht Club. Mayor Turville opened the public hearing Edward Freemen commented the layout presented was different than the layout presented at the Planning and Zoning Commission meeting. Mayor Turville asked Attorney Crawford if the plan was different. Attorney Crawford stated it was not the same plan originally presented and would like to hear from the public to provide the best plan possible. Thomas Questell, Gail Gehring, Catherine Arnold, James Arnold, Gail Hosch, Orlando Ruiz, Mike Selewach, Pamela Smith, Christopher Gately, Scott Hosch, and Charlene Forth spoke in opposition of the proposed project and expressed concerns regarding low-income apartments, increased crime, water retention, loss of view, lack of a berm, property value decline, lack of project notification, lack of separation and privacy, noise, loitering, trespassing, safety, effect on wildlife, number of units, impact on schools,and the project location Brandy DeMarinis, Peggy Klutz, Marie Redmon, Sherry Englet, Nicole Martin, Jeanette Rivera, Bill Hunter, Deanna Hunter,Angela, Lisa Grant,and Linda Smith spoke in support of the proposed project Mayor Turville closed the public hearing. Attorney Crawford requested 90 days to work with the input provided and return before Council with a proposed project. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2014 City Attorney Mantzaris stated the focus of the next meeting should be on the project as it relates to the existing Conditional Use Permit and to issues such as buffers, apartments verses condominiums, and the site plan Council Member Mullins commented three playgrounds did not seem logical and preferred the layout of the condominiums Council Member Goodgame stated landscaping, prevention of trespassers, location of a lift station, and a school bus stop location need to be addressed He requested staff notify all of the residents in the Northridge subdivisions of the next meeting. Mayor Turville commented the twelve foot retaining wall was too high. Council Member Goodgame moved to table both to the November 11 meeting; seconded by Council Member Mullins. ADJOURN: With no further comments, this meeting was adjourned at 11:58pm APPROVED: Gail L. Ash, Mayor ATTEST: L �iL��lr#/ Tracy Ackroyd,City Cle r.� 9OA. v70.Vt� �trr , ,t t,1 , • �f^A��, ,•, •• .fir 11 tIlAA,1111 r t f l 111��.i� 10 sc CITY OF CLERMONT CLERMONT �cn of Champ AGENDA ITEM Page 1 of 1 Council Meeting Date Tuesday, August 26, 2014 Agenda Item Name Surplus Equipment Requested Action Move to declare surplus Staff Report The City Clerk's office replaced a Fujitsu scanner in Fiscal Year 2011 The scanner was purchased in 2004 and is no longer compatible with current City workstation hardware The City Clerk's office requests approval to surplus Fujitsu scanner model number M4097D Legal Impact Additional Analysis Fiscal Impact Summary Fiscal Impact Fund Number and Description Available Budget Amount Exhibits Attached (copies of original agreements)