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05-24-2016 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2016 The Clermont City Council met in a regular meeting on Tuesday, May 24, 2016 in the Clermont City Council Chambers. Mayor Ash called the meeting to order at 6:30pm with the following Council Members present. Council Members Mullins, Bates, Goodgame, and Travis. Other City officials present were: City Manager Gray,City Attorney Mantzans,and Deputy City Clerk Noak INVOCATION Pastor Kendal Anderson gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS LakeXpress Tomika Monterville; Lake County Community Services Transit Manager, introduced the Team Members from Ride Right Ms. Monterville presented the new services which will begin on May 31, 2016. The Highway 50 route will be split, have 64 stops, and run from 6am until 7pm. LakeXpress will work with the City to identify locations for shelters. Council Member Mullins asked if pets were allowed on the bus. Ms Monterville stated only official service animals are allowed. Council Member Mullins inquired of creating a special bus service during softball tournaments. Ms. Monterville stated there were federal regulations regarding deviated route services which would require future discussion. Citizens Academy Communications Director Bloodsworth provided an overview of the 6-week Citizens Academy program. Ms. Bloodsworth presented Certificates of Completion to the attendees. Art Jones thanked the City for the program and spoke of the elderly having a long and healthy life when they are involved in their community. Quarterly Budget Presentation Finance Manager Smith-Castillo presented the quarterly budget update as of March 31, 2016. PROCLAMTION Mayor Ash read the Election Proclamation aloud PUBLIC COMMENTS There were no public comments. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2016 REPORTS City Manager Gray reported the City Council will hold a workshop in the Council Chambers at 9am on June 6, 2016. Mr Gray announced Communications Director Bloodsworth will be inducted into the Lake County School Alumni Hall of Fame on June 10,2016. City Manager Gray stated a request for water and wastewater service needed to be addressed Economic Development Director Hitt presented a request for water and wastewater service at 12802 Magnolia Pointe Boulevard. Mayor Ash opened the public comment There were no public comments. Mayor Ash closed public comments The applicants were not present. Council Member Goodgame moved for approval; seconded by Council Member Mullins The motion passed with all members present voting aye. City Attorney Mantzans provided an update on the Bee's Auto case Bee's Auto appealed the lower court's decision to the 11th Circuit Court, which upheld the lower court's decision. Bee's Auto requested the U.S. Supreme Court hear the case,and the U.S Supreme Court denied the request to be heard. Council Member Bates reported over 230 children received life jackets dunng Lake County Water Safety Day at Waterfront Park. Council Member Goodgame commented he, Mayor Ash, and City Manager Gray attended the Wooten Temple appreciation for the City Council. The Metropolitan Planning Organization met on May 23, 2016 and agreed to move forward with hinng a financial person to handle grants. TJ Fish will remain in charge of the Metropolitan Planning Organization. Council Member Mullins reported the Classic Car Show was a success Council Member Travis thanked the Lake County Shenff's Office and Clermont Police Chief Broadway for their assistance at the Ride of Silence. Mayor Ash stated she attended Representative Metz' Town Hall Meeting, the Citizens Academy at the Clermont Community Center, the Holocaust Memonal, the Cranes View Lodge presentation of the new flag pole and flag from Lowe's, Coffee with the Mayor at Moonlight Players, the Wootson Temple City Council recognition, and the Clermont Police Officer Sweanng-in Ceremony Ms. Ash reported on the Daughters of the Amencan Revolution event at Waterfront Park on Monday, May 30 at 11 am; with a second event following at 4pm. CONSENT AGENDA Mayor Ash 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. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING May 24,2016 Item No. 1—Plat Approval Consider approval of The Moonngs plat. Item No.2—Event Fee Variance& Open Container Consider a 100% fee variance of staff and grounds fees with an open container area to the Greater Clermont Cancer Foundation for the Music Festival Recommend grounds fee waiver and open container; applicant pays staff fees. Item No.3—Even Road Closure& Open Container Consider allowing the Clermont Downtown Partnership's Mega Food Truck Rally to be held in Downtown Clermont along with a road closure and an open container area on June 18, 2016 from 12:00 PM to 9:00 PM. ItemNo.4—Event&Road Closure Consider allowing the Clermont Downtown Partnership's Farmer's Market to be held in Downtown Clermont along with a road closure every Sunday from 6:00 AM to 4:30 PM for 12 months Item No.5—Resolution No.2016-16 Consider approval of the revised Property Control Policy. Item No.6—Resolution No.2016-17 Consider application of 2016 Flonda Division of Cultural Affairs Facilities Program Grant in the amount of $500,000 for the West Lake Wetlands (Victory Pointe) Event Area with a stipulation of matching funds Susan Taylor pulled Item 2. Council Member Goodgame mentioned the onginal Moorings plat contained 13 houses and now contained 17 houses after the removal of the trees Mayor Ash commented the trees removed were diseased Council Member Bates moved to approve Consent Items 1, 3, 4, 5, and 6, seconded by Council Member Goodgame. The motion passed with all'members present voting aye. City Manager Gray stated the Greater Clermont Cancer Foundation Music Festival has been held for several years. The event is scheduled for October and staff is recommending the Foundation pay all staff costs. Susan Taylor; Greater Clermont Cancer Foundation Board of Directors Secretary, stated this will be the fourth year of,the Music Festival-and the Festival is the largest fundraiser for the Foundation. The 3 City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2016 Foundation is run by volunteers and funded through local business sponsors, organizations, individuals, and fundraising community events; with all funds disbursed to qualified recipients in the local area Ms. Taylor requested Council support of the fee waiver request; including the waiver request for City staff fees Mayor Ash opened for public comments There were no public comments. Mayor Ash closed public comments. Council Member Mullins inquired of the City waiving the fees for the Foundation m the past. City Manager Gray stated the Foundation began holding their event at Waterfront Park two years ago and received fee waivers There are many organizations requesting waivers, and at some point either additional funds will need to be authorized in the budget, or a new mechanism will need to be in place Mayor Ash commented the City is developing new policies which will go into effect in October 2016, and the City will no longer provide waivers. The Foundation is asking the City to absorb $4,000. The number of events requesting waivers can amount to hundreds of thousands of dollars The City has to look realistically and financially at the number of waivers being requested, which must be absorbed into the budget. Council Member Travis was of the understanding future events of the Foundation would pay the not-for- profit fee. City Manager Gray stated the non-profit fee was one of the policies which will be placed in effect. Mayor Ash stated the for-profit and not-for-profit fees will begin in October and waivers will no longer be available. Council Member Travis stated the waiver request was not in the budget and was opposed to waiving the City's labor costs. Kay Simpson; Greater Clermont Cancer Foundation Board of Directors Treasurer, spoke in support of the Foundation's request. Council Member Travis commented the City has raised taxes in the past and the waivers are not in the budget. Mayor Ash stated five to ten waiver requests a year would not have a great impact on the budget, however, the waiver requests have increased and the City can no longer continue to waive fees Council Member Mullins suggested settmg a maximum amount for labor costs. Council Member Travis was opposed to setting a maximum City Attorney Mantzaris advised Council was not addressing costs, only the waiver request. Council Member Travis moved to approve as recommended by staff; seconded by Council Member Bates. The motion passed 4 to 1 with Council Member Goodgame opposed 4 City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2016 UNFINISHED BUSINESS The following three items were heard collectively and voted on separately. Item No. 7—Ordinance No.2016-18 Final, WaterBrooke Deputy City Clerk Noak read Ordinance 2016-18 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 boundanes,providing for an effective date, severability,recording, and publication. Item No.8—Ordinance No. 2016-19 Transmittal, WaterBrooke Deputy City Clerk Noak read Ordinance 2016-19 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, adopting the Large Scale 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 authonty for adoption of the Large Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Large Scale Comprehensive Plan Amendment; providing for the adoption of the Large Scale Comprehensive Plan Amendment, establishing the legal status of the Large Scale Comprehensive Plan Amendment; providing a severability clause and providing an effective date. Item No.9—Ordinance No.2016-20 Final; WaterBrooke Deputy City Clerk Noak read Ordinance 2016-20 aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Flonda amending the Official Zomng 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 Senior Planner Kruse presented the request to annex 28.6 acres located on the southwestern corner of the existing WaterBrooke project. The property is adjacent to the City limits on the east, and fronts Hancock Road on the west. The applicant would like to include the property in the WaterBrooke project for residential use. Staff recommended approval of the annexation request Semor Planner Kruse presented the request to adopt a future land use change from Lake County's Regional Commercial to the City's Low Density Residential. Staff recommended approval of transmitting the Large Scale Comprehensive Plan Amendment. Semor Planner Kruse presented the request to rezone the entire WaterBrooke property from Urban Estate to Planned Umt Development. Staff recommended approval of the rezoning to Planned Umt Development. 5 - City of Clermont MINUTES REGULAR COUNCIL MEETING May 24,2016 Attorney Bonifay; Akerman,LLP, was present on behalf of Matamay Homes Mayor Ash opened the public heanng Jim Purvis expressed concern of the lack of an additional traffic signal and an increase in school traffic on Hancock Road. Mayor Ash closed the public hearing. Council Member Goodgame asked if an entrance would exist on Lost Lake Road Attorney Bomfay commented there would be a separate entrance directly off of Hancock Road. Mayor Ash asked of additional entrances for the property. Attorney Bomfay stated Lake County was opposed to multiple access points on Hartle Road. The developer will work with Lake County and a final plat will come before City Council. Council Member Goodgame inquired of obtaining readings from the lots near the power lines due to health concerns. Attorney Bomfay commented there does not appear to be a link between health issues and power lines City Attorney Mantzans stated the power lines were previously approved Council Member Bates expressed concern of additional traffic on Hartwood Marsh Road and Hancock Road. Mayor Ash called for the question. Council Member Mullins moved to approve Ordinance 2016-18; seconded by Council Member Bates. The'motion passed 5 to 0 on a roll call vote. Council Member Mullins moved to transmit Ordinance 2016-19; seconded by Council Member-Bates. The motion passed with all members present voting aye. Council Member Mullins moved to approve Ordinance 2016-20; seconded by Council Member Bates. The motion passed 5 to 0 on a roll call vote. Mayor Ash recessed the meeting at 8:13pm. Mayor Ash reconvened the meeting at 8:26pm. The following three items were heard collectively and voted on separately. Item No. 10—Ordinance No. 2016-17 Final, The Vue Deputy City Clerk Noak read Ordinance 2016-17 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 descnbed herein as shown below, providing for severability, effective date,and publication. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2016 Item No. 11—Ordinance No.2016-21 Final, The Vue Deputy City Clerk Noak read Ordinance 2016-21 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, closing and permanently abandoning the right-of-way easements north/south roadway between Tracts 20, 21, 28, and 29 as shown on the Plat of Clermont, Lake Highlands 28-22-26 PB 2 PG 28 Public Records of Lake County, Florida; less right-of-way for Hooks Street, repealing all ordinances in conflict herewith, providing for severability, publication, recordmg, and for an effective date NEW BUSINESS Item No. 12—Resolution No.2016-15; The Vue Deputy City Clerk Noak read Resolution 2016-15 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 multi-family residential. Planning Manager Henschel stated the requests were originally scheduled to be heard in Apnl 2016, but were postponed to allow additional time to refine the proposal. The property consists of 42 acres located south of Highway 50, west of Miss-Flonda Avenue, and north and south of Hooks Street The applicant requested a rezomng from C-2 General Commercial and Urban Estate to Planned Unit Development zoning for a mixed-use project consisting of a multi-family apartment complex, general commercial uses, a retention area, and open space. The applicant proposes two options: Option A proposes 6 acres of C-2 General Commercial along a portion of Highway 50, with 324 multi-family units on 27 acres; and Option B proposes 10.5 acres of C-2 General Commercial along Highway 50, with 270 multi-familyunits on 22.5 acres. The applicant is requesting the following waivers to the Land Development Code: allow retaining walls up to 25 feet in height; allow a maximum elevation change of up to 25 feet using cut and fill over 15 percent of the site; allow a reduced landscape buffer along Highway 50; and allow for parking spaces of 9 x 18 feet. Staff recommended approval of Option B; however, staff did not support the proposed retaining wall heights,topography changes, reduced landscape buffer,and reduced parking space dimensions. Planning Manager Henschel presented the request to abandon a 30-foot right-of-way running north and south near the middle of the proposed development The right-of-way was platted in 1914 and was never developed The parcels have several topography changes and the original lots have other access points Staff recommended approval of the right-of-way abandonment. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2016 The applicant is requesting a Conditional Use Permit to allow a density of 12-units per acre for the project, not to exceed an overall count of 324 units. Staff recommended approval of the Conditional Use Permit Attorney Bomfay, Akerman, LLP., stated the vanances include allowing 59-foot building height,up to 19 feet height for the retaining wall, up to 18 feet cut and fill, a reduced landscape buffer setback along Highway 50 with an increased amount of landscape matenal, 40 percent of the parking spaces reduced to 9 x 18 feet spaces, one retailer larger than 20,000 square feet. The applicant is agreeable to have a 'no automobile-dealership' condition. Option A contains more residential and less commercial. Option B will have less residential and more commercial along Highway 50 Mayor Ash opened the public heanng. Jim Purvis; 4206 Hammersmith Drive, expressed concerns of the parking space size and the need for additional handicap parking spaces. Mayor Ash closed the public heanng Council Member Mullins was opposed to the amount of cut and fill, the retaining walls, and the overall project density. Council Member Goodgame was in agreement with Council Member Mullins. Mr. Goodgame commented the parking spaces should meet code and include additional handicap parking. Council Member Travis asked of the zoning for Total Eye Care. Planning Manager Henschel stated Total Eye Care was zoned commercial Council Member Bates was in agreement with Council Member Mullins and Goodgame. Mayor Ash expressed concerns of the cut and fill, retaining walls, and building height. Ms. Ash suggested using tiered terracing in between the commercial and residential areas. Council Member Goodgame inquired of the number of parking spaces per residential unit. Mr. Moore stated the number of parking spaces would meet code Council Member Mullins asked of the building height as it related to fire protection. City Manager Gray stated the Fire Department would review the overall plans during the Site Review process Council Member Travis suggested excluding the residential portion of the proposed development. Major Stacy; B&S Engineering Consultants, stated the vanance on height is for the backside of the buildings The smaller parking size works with the topography and open space area Mayor Ash inquired of the location of the retaining walls. Mr. Stacy stated the retainmg walls would be located between the proposed commercial and multifamily development Council Member Mullins requested a conceptual of the proposed commercial plans showing actual ratios Jonathon Moore; applicant,requested Council delay the heanng to address concerns. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING May 24,2016 Council Member Mullins moved to table all items to June 14, 2016; seconded by Council Member Bates. The motion passed with all members present voting aye. Item No. 13—Resolution No.2016-12; Walmart Deputy City Clerk Noak read Resolution 2016-12 aloud by title only A Resolution of the City Council of the City of Clermont, Lake County, Flonda, granting an amendment to a Conditional Use Permit (Resolution 1316) to allow an expansion to the existing Wal-mart. Planning Manager Henschel stated the applicant was not present Council Member Goodgame moved to table to the June 14, 2016 meeting; seconded by Council Member Bates. The motion passed with all members present voting aye Item No. 14—Resolution No.2016-13; Real Life Christian Church Deputy City Clerk Noak read Resolution 2016-13 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 2012-28) to allow for an additional vehicle access point Planning Manager Henschel presented the request to amend Resolution 2012-28 to allow an additional access point from Citrus Tower Boulevard onto the church property. The current access pomts are located on Cross Ridge Road and Steves Road. Staff recommended approval of the amendment request. Steve Bush;,Administrative Pastor, stated after the new auditonum opened, attendance levels increased and the current access pomts are creating congestion on Steves Road. The proposed additional access point preserves the integrity of the original site plan. Mr. Bush stated the proposal was supported by Clermont Fire Marshal Harrison and Clermont Police Chief Broadway. Mr. Bush commented a meetmg was held with the homeowners of Lost Lake Reserve and Tuscany. The residents of Lost Lake Reserve expressed concern of the additional traffic the proposed access point would have on Citrus Tower Boulevard Operationally, the preferred traffic pattern during peak times would have Steves Road as the entrance and Citrus Tower Boulevard as the exit. Additional trees will be added to the berm on Steves Road Mayor Ash opened the public hearing. Chris Mullaney, Tracey Vuolo, Jim Purvis, and Kemal Rahaman expressed concerns of the increased traffic on Citrus Tower Boulevard and Steves Road, possible U-turns on Citrus Tower Boulevard, traffic backups, difficulties in exiting the surrounding subdivisions and schools, lack of speed limit enforcement, the need for 4-laning Steves Road, the need for additional area parks,the need to decrease the speed limit on Citrus Tower Boulevard, and the need for an additional traffic signal. Mayor Ash closed the public hearing. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2016 Council Member Goodgame asked of the plans for building the park Mr. Bush stated the church is attempting to raise the funds for the park area. Council Member Travis inquired of posting no U-turn signage on Citrus Tower Boulevard. City Manager Gray stated Citrus Tower Boulevard was under the junsdiction of Lake County. Steves Road recently came under the junsdiction of the City Council Member Mullins stated the City requested Lake County to have Steves Road a wider roadway when onginally proposed The widening of Steves Road can only be accomplished by decreasing the church property for the proposed ballfield. Mr. Mullins inquired if a pnor verbal commitment was made by the church which excluded having an entrance on Citrus Tower Boulevard. Mr Bush stated the location of the proposed third access point prevents cutting into the berm and diminishes the conflict at the intersection on Citrus Tower Boulevard. Mr Rahman commented the prior verbal commitment was for a third access point to be used dunng special services only, such as Easter Recently the homeowners were presented with the plan for a nght- turn in from Steves Road and a nght-turn out onto Citrus Tower Boulevard. Mr. Bush clanfied during peak service times and for large events, the proposed Citrus Tower Boulevard access would be marked Exit Only and the Steves Road access would be marked Entrance Only. Council Member Mullins asked if the Citrus Tower Boulevard would be closed dunng non-peak service times. Mr Bush stated there were no plans to close the access to Citrus Tower dunng non-peak service times. Council Member Travis commented the residents have issues with the overall traffic situation and was not exclusively church traffic. Council Member Travis moved to accept the proposed access point, with a request to the County for no U-Turn signage on Citrus Tower Boulevard; seconded by Council Member Goodgame. Under discussion, Council Member Goodgame suggested having the access pomt as a permanent right- turn exit only. Council Member Mullins expressed concern of the limitation Council Member Goodgame restated the motion as proposed, seconded by Council Member Mullins. The motion passed with all members present voting aye. Council Member Mullins spoke of planning for the future widening of Steves Road. Mr Bush indicated the church would be willing to assist and work with the City 10 City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2016 Item No. 15—Resolution No. 2016-14;Magic Moments-Table to June 28, 2016 Deputy City Clerk Noak read Resolution 2016-14 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 daycare facility in the central business district Council Member Mullins moved to table Resolution 2016-14 to June 28, 2016; seconded by Council MemberTravis. The motion passed with all members present voting aye. Item No. 16—Variance Request,Hyundai of Central Florida Planning Manager Henschel-presented the request for a variance to allow a building façade to exceed 100 feet without a minimum 3-foot architectural offset. The proposed dealership will be the second of two dealerships allowed within the Plaza Collura project site Hyundai dealerships in the United Stated are required to comply with the Global Dealership Space Identity program as part of their agreement with Hyundai Motor America. The design elements of the program conflict with the City's architectural design standards. The City's Architectural Standards contains a variance procedure allowingthe CityCouncil togrant a variance if a buildingis unable to comply with the Architectural Standards. Staff was not opposed to the variance request Jerry Mullinex; Dealership Owner, stated Hyundai has a new corporate image program which is required of all new dealerships Sarah Butler; Architect,presented photographs of the required architecture features Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Travis moved to approve the variance request; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 17—Ordinance No.2016-22, Introduction, Parks and Recreation Areas Deputy City Clerk Noak read Ordinance 2016-22 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Florida, creating City Code Chapter 55 "Park and Recreation Areas", providing for purpose and intent; definitions, enforcement; penalties, conflict; severability; codification; and an effective date. Council Member Mullins moved to introduce Ordinance 2016-22, seconded by Council Member Bates. The motion passed with-all members present voting aye 11 City of Clermont MINUTES REGULAR COUNCIL MEETING May 24, 2016 ADJOURN: With no further comments,this meeting was adjourned at 10:11pm. APPROVED: Ae 411P AV JGail L Ash,Mayor ATTEST: Tracy Ac , .y owe, City Clerk 1."1,q } ' sti w'"`J ;t,e, j J r;t' Jri 12