Loading...
HomeMy WebLinkAbout11-27-2018 Regular Council City of Clermont MINUTES REGULAR COUNCIL MEETING November 27,2018 The City Council met in a regular meeting on Tuesday,November 27, 2018 in the Clermont City Council Chambers.Mayor Ash called the meeting to order at 6:30pm with the following Council Members present: Brishke,Travis,Bates,and Goodgame.Other City officials present were City Manager Gray,City Attorney Mantzaris,and Deputy City Clerk Zinker. INVOCATION AND PLEDGE OF ALLEGIANCE A resident gave the invocation followed by the Pledge of Allegiance. ELECTION RESULTS City Clerk Howe presented the November 6, 2018 election results for Seat 3 and Seat 5 for acceptance. Gail Ash received 8,946 votes and Jack Kruse received 6,780 votes for Seat 3. Ebo Entsuah received 5,613 votes and Diane Travis received 9,634 votes for Seat 5. Council Member Bates moved to accept the election results:seconded by Council Member Brishke.The motion passed with all members present voting aye. OATH OF OFFICE City Clerk Howe administered the Oath of Office to Diane Travis for Seat 5. Gail Ash for Seat 3. and Timothy Bates for Seat 1 for a two-year term. SELECTION OF MAYOR PRO TEM Council Member Goodgame nominated Council Member Bates: seconded by Council Member Brishke.The motion passed with all members present voting aye. PRESENTATIONS Citizen's Academy Communications Director Deen presented the graduates of the Fall 2018 Citizen's Academy. Kathryn Quick,graduate of the Fall 2018 Citizen's Academy,expressed appreciation for the program and being impressed with the City's departments. City Manager Gray stated Clermont's Citizen's Academy is held twice a year with applications available online. Mayor Ash introduced Emma Gaskins,a Youth Council Member,who is shadowing the City Attorney for the day. PUBLIC COMMENTS Cuqui Whitehead,700 Hook Street,congratulated the re-elected Council Members and Mayor and thanked the Mayor for being accessible in the community. REPORTS City Manager Gray congratulated the Council Members on being re-elected and introduced Scott Davidoff to present the City's upcoming events. Parks and Recreation Davidoff presented information on Light Up Clermont and the following parade. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING November 27,2018 City Attorney Mantzaris reported on having Youth Council Member Emma Gaskins shadow him for the day. The Council will have a private meeting at the December 11,2018 Council Meeting where they will begin the meeting at the regularly scheduled time and then break to go into a private session. Council Member Bates thanked the citizens for his re-election. Council Member Goodgame reported having a Thanksgiving dinner at the Methodist Church. Council Member Brishke reported on November 16, she attended the Chamber breakfast and heard the presentation given by Disney where they discussed their efforts with supporting local charities. Council Member Travis thanked the citizens for her re-election. Mayor Ash reported on November 15,she attended the South Lake Homeless Task Force at the South Lake Foundation where a presentation was given advising cities on using foreclosures to gain funding.That same night,she attended the final class of the Citizens Academy at the Arts and Recreation Center. 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. Item No. 1—Plat Approval Consider approval of plat for Shoppes at Hammock Ridge,a commercial subdivision. Item No.2—Event and Road Closure Request Consider approving a date change for the Mega Food Truck Rally with road closures previously approved for January 19,2019 to January 12,2019 from 12:00 PM to 10:00 PM. Item No.3—Resolution No. 2018-49R Consider approval of resolution to amend the FY 2018 Budget. Council Member Bates moved to approve the Consent Agenda; seconded by Council Member Goodgame.The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No.4—Ordinance No.2018-37,Final, Waterfront Rezoning Deputy City Clerk Zinker read Ordinance No.2018-37 aloud by title only. An Ordinance under the Code of Ordinance 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. Senior Planner Kruse presented staff's request for rezoning the property from Second Street to Eighth Street and which runs along Lake Minneola. The property is currently used as the South Lake Trail, Splash Pad, Highlander Building, Waterfront Pavilion,and associated parks. The City is undergoing an effort to have the City parks and recreational areas designated with the PR Parks and Recreation zoning designation.This zoning designation is the most appropriate for the use of the property and if approved,will be reflected on the zoning map. Staff recommends approval and the Planning and Zoning Committee voted 5-0 for approval. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING November 27,2018 City Manager Gray stated the request is to clean up the City's Land Use and Zoning. The City's Land Use is currently designated as parks,but the zoning currently has the area as residential. Mayor Ash opened the Public Hearing.There were no comments.Mayor Ash closed the Public Hearing. Council Member Bates expressed concerns of affecting food or concessions on the property.City Manager Gray clarified the requested change would have no effect on allowing food or concessions. Council Member Travis inquired if the stormwater retention area would be filled in. City Manager Gray stated the stormwater retention would stay the same. Council Member Goodgame moved to approve Ordinance No. 2018-37; seconded by Council Member Bates.The motion passed with a 5 to 0 roll call vote. NEW BUSINESS Item No.5—Variance Request,Magnolia Park Environmental Services Director Westrick presented the applicant's request for Magnolia Park Homeowner's Association to connect to the City's reclamation system due to failure of their well.The city does have structure making it feasible to tie in their system for the common areas. Existing utility code requires private wells to provide irrigation for all uses within the City's utility services area except for single-family residential units. The City does have capacity and infrastructure in place. Staff supports the request to relieve the requirement for Magnolia Park Subdivision HOA to provide a private well for irrigation water for the landscape common area along Sunburst Lane and approve a connection to the City's reclaimed water system, pending the payment of all applicable capital impact fees and other utility fees required for the connection and meter installation. Mayor Ash opened the Public Hearing.There were no comments.Mayor Ash closed the Public Hearing. Barbara Rights,Manager for Magnolia Park,applicant, stated this particular well services the island along Park Branch Avenue as well as the area along Sunburst Lane. The subject well has completely collapsed causing the request to connect to City reclaim water pending payment of applicable fees. Council Member Bates inquired about the 3 wells for Magnolia Park. Environmental Services Director Westrick replied the neighborhood has 3 wells which each services irrigation for different portions of the neighborhood. The other 2 wells are zoned for different areas from the well which collapsed. Ms. Right clarified there was consideration to drill a new well,but there is not a common area large enough to facilitate a new well. Council Member Goodgame moved to approve the variance request;seconded by Council Member Bates.The motion passed with all members present voting aye. The next two items were heard together and voted on separately. Item No.6—Resolution No.2018-45R,Hook Street Storage Deputy City Clerk Zinker read Resolution No.2018-45R 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 outside storage and parking for cars, trucks, boats, recreational vehicles,and trailers in the M-1 Industrial zoning district. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING November 27,2018 Item No.7—Variance Request,Hook Street Storage Development Services Director Henschel presented applicant's request for a variance request and a Conditional Use Permit.The applicant is requesting a Conditional Use Permit to allow outdoor storage and parking for cars, boats, trucks, trailers, and recreational vehicles in the M-1 Industrial zoning district. To develop the site as proposed,the applicant is requesting three variances.The first requested variance is to eliminate the sidewalk along Hook Street's right-of-way as required by the Land Development Code.The second variance request is for the elimination of the required landscape buffer in front of the existing building and below the Hook Street retaining wall. The last variance request is for the elimination of the continuous shrub plant materials for landscape buffers. Staff recommends approval of the requests. The Planning and Zoning Committee recommended unanimously for approval. Joseph Zagame,Applicant,4305 Fawn Meadows Circle,provided copies of his presentation to the Council. The request before the Council is not to develop the property nor to construct any new buildings.The scope of the work to be done on the property includes cleaning up the property, repairing the existing building, spreading gravel over the parking lot area,installing chain-link fencing and gates for security,and installing outdoor lighting.The use being requested for the subject property fits with the surrounding properties and their usage of a gas station and personal storage.The proposed landscape buffer would not be seen offsite or along the street. There is currently a guardrail,retaining wall,and chain link fence installed in the five- foot space allowance where the sidewalk is supposed to be installed. The guardrail, retaining wall, and fence were all constructed by Lake County and Florida Department of Transportation. Mayor Ash opened the Public Hearing. There were no comments.Mayor Ash closed the Public Hearing. Council Member Bates inquired about the prior request for the property. City Manager Gray replied the prior request was to store and disburse mulch whereas the current request is for parking. Council Member Bates expressed concern with the possible appearance of the proposed use. Mr.Zagame clarified the requested use is for registered vehicles only with no request for any type of storage. Mayor Ash commented the extended parking of vehicles is storage. Council Member Bates inquired of the demand for the proposed use.Mr.Zagame replied there is a demand for the proposed use with another location already full. Council Member Travis asked about coverage for the property. Mr. Zagame replied the other property is not covered,but there is a wall around the property as it is next to a residential area. Council Member Goodgame inquired about water runoff. Mr.Zagame replied the material to be used will be gravel with no paving other than the entrance.City Manager Gray clarified the property would still have to go through the City's site reviews. Mayor Ash expressed concern with potential appearance from US-27. Council Member Goodgame expressed agreement with Mayor Ash. Council Member Brishke expressed concern with egress and ingress from US-27 and the potential traffic. Council Member Bates inquired about the type of vehicles to be parked and stored. Mr.Zagame replied a small portion of the plot will be for personal use and the rest will be for the requested use. Council Member Brishke expressed concern with the property being located downhill. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING November 27,2018 Mayor Ash requested staff to provide examples of the permitted uses for the subject property.Development Services Director Henschel replied the permitted uses for the subject property are auto and truck repair garages or painting and welding body shops, offices, technical training enterprises, light manufacturing with square footage of less than 7,000 square feet, wholesale enterprises, lumber yards, building material yards,electrical and plumbing supplies,and nurseries. Council Member Bates expressed being inclined to grant request if semi-trucks and dump trucks were not involved. Council Member Goodgame inquired about the height of the fence helping to obstruct the view from oncoming traffic.City Manager Gray clarified the property sits at a lower height than the highway making it difficult to fully screen the view. Council Member Travis expressed agreement with Council Member Bates. Council Member Bates requested the removal of semi-trucks and dump trucks from the request. Mr. Zagame replied his vehicles will be parked on the subject property for his business which is not included with the Conditional Use Permit request. Development Services Director Henschel clarified the existing business does not need a permit. Mayor Ash inquired if there will be any limitations or requirements for the existing business.City Attorney Mantzaris replied staff has already given the interpretation that Mr.Zagame is allowed to have the vehicles associated with his current business on the subject property.City Manager Gray stated the reason the request needs a Conditional Use Permit is from no manufacturing use attached to the property. Council Member Goodgame expressed concern for prolonged storage of large vehicles and possible vehicle repair taking place.Mr.Zagame replied maintenance on the vehicles will not be allowed onsite. Mayor Ash expressed concern for the lack of the proposed use not being screened from view. City Attorney Mantzaris stated the permitted uses allowed for the subject property should not be considered by the Council as the request is not before the Council. If the Council does not agree with the proposed Conditional Use Permit,then the Council may vote to deny it. Council Member Travis inquired of the current business on the subject property. Mr. Zagame stated the current business is to facilitate his construction and real estate business. Council Member Travis stated fencing would help obstruct the view of the cars and boats parked onsite. Mr. Zagame offered to modify the Resolution to not allow semi-trucks in the leased parking area, but reserves the right to park his semi-trucks and commercial vehicles for his existing business. Council Member Bates and Council Member Travis expressed agreement with the proposed modification. City Attorney Mantzaris stated the Council could set a timeframe within the Conditional Use Permit. Council Member Bates moved to approve Resolution 2018-45R with the exclusion of any semi-trucks and trailers parked in the proposed leased area;seconded by Council Member Travis for discussion. Council Member Travis inquired of the fencing requirements. Development Services Director Henschel clarified the Conditional Use Permit does require fencing for the subject property with stipulation that a chain link is not allowed. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING November 27,2018 Council Member Brishke expressed the desire to add a time limitation to the Conditional Use Permit.City Attorney Mantzaris stated the Council could put a time limitation on the Conditional Use Permit, but the applicant would be allowed to return before Council to request an extension at the end of the time limitation. Council Member Bates moved to approve Resolution 2018-45R with a 3-year time period excluding any semi-trucks and trailers in the proposed light gray area as well as take out sidewalk area;seconded by Council Member Travis.The motion dies 3 to 2 with Council Member Brishke,Council Member Goodgame,and Mayor Ash voting nay. Council Member Bates offered changing the time period limitation. Council Member Goodgame expressed concern with the view from US-27. City Manager Gray clarified the applicant would have to put up a 20 to 30 foot wall due to the elevation of the subject property. City Attorney Mantzaris stated unless Council mends the motion or the request undergoes a significant change,the applicant cannot return to Council for one year. Council Member Bates moved to deny Resolution 2018-45R without prejudice and waive the one-year time requirement; seconded by Council Member Travis. The motion passed with all members present voting aye. Item No.8—Ordinance No.2018-36,Introduction, Olympus Sports and Entertainment Deputy City Clerk Zinker read Ordinance No.2018-36 aloud by title only. An Ordinance under the Code of Ordinance 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. Council Member Bates moved to introduce Ordinance No.2018-36; seconded by Council Member Brishke.The motion passed with all members present voting aye. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING November 27,2018 ADJOURN: With no further comments,this meeting adjourned at 7:59 pm. APPROVED: Gail L. Ash, Mayor ATTEST: 0, • .", Tracy Ackroyd Howe,City Clerk