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12-12-2000 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2000 Page I A regular meeting of the City Council of the City of Clermont was held Tuesday, December 12, 2000 at Jenkins Auditoriurn. Mayor Turville with the following Council Members present called the meeting to order at 7:30 p.m.. Council Member Biddle, Council Member Mullins, Council Member MacLauchlin and Council Member Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown, and Deputy City Clerk Mad'dox. INVOCATION The Invocation was offered by Council Member Biddle followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve the minutes of the Council Meeting held November 28, 2000 and the Special Council Meeting held November 30, 2000. CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that historically the Council has canceled the second meeting in December because of the holidays and this was discussed at a workshop where there was consensus to do that. A motion was made bY Council Member Mullins, seconded bY Council Member MacLauchlin, and carried unanimously to cancel the December 26, 2000 City Council meeting. City Manager Saunders discussed with Council Members a date for the annual City Council Retreat. The Annual City Council Retreat was scheduled for 9:00 a.m. on Thursday, January 18, 2001, at the Highlander Hut. CITY ATTORNEY GUTHRIE No report. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2000 Page 2 COUNCIL MEMBER BIDDLE Council Member Biddle thanked City Manager Saunders and the City's staff for all of the work done and all the City's support of the Light Up Clermont activities and also thanked the community for coming out and making it a wonderful success. Mayor Turville stated that he sat with the Mayor of Mascotte, Mayor of Minneola and Mayor of Groveland together at a recent Chamber event and asked Council Member Biddle to tell about the event. Council Member Biddle stated that the United Chambers of Central Florida sponsored their December event and all of Florida Chamber Presidents, Directors, the Past Presidents and President- Elects, as well as City officials were invited. Mr. Biddle stated that from our area four of the five mayors attended. Mr. Biddle stated he and Mayor Turville went together and he benefited from the time spent with Mayor Turville. COUNCIL MEMBER MACLAUCHLIN No report. COUNCIL MEMBER MULLINS No report. COUNCIL MEMBER RENICK No report. MAYOR TURVILLE'S REPORT No report. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2000 Page 3 CONSENT AGENDA Mayor Turville read the items listed on the Consent Agenda and asked that if anyone wished any item to be pulled for discussion. Item No. 1-Approval of Boating Improvement Fund Grant Item No. 2-Lanier-Purchase of recording equipment for Council Chambers Item No. 3-Bid Award-Lift Station No. 9 Improvements Item No. 4-Agreement-Lift Station No. 9-Equipment Purchase Item No. 5-Agreement-Lift Station No. 9-Air Quality Control A motion was made by Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimously to approve Items one through_five on the Consent Agenda. Mayor Turville stated that C.T. HSU, although shown later on the agenda as New Business, will be heard next. NEW BUSINESS C.T. HSU & Associates Tim McNicholas ofC.T. HSU & Associates stated that they had been working with the City for approximately one year beginning with a Space Needs Analysis and formulating the program for the new City Hall building including the contemplated needs for the next 15 to 20 yeai:s. Nathan Butler then presented a schematic design showing the floor plan and elevations of the building and stated that the plans he was presenting were projected plans to include the additions that are planned for and will be done over the next 10 years or so. Mr. Butler showed how the building was situated on the property and how the parking area was designed around the existing trees. Mr. Butler explained how the plans were designed to fit in with the future plans for Downtown Clermont. Mr. Butler presented the elevations and stated that there was a 2-story base of brick with stucco and pre-cast concrete on the third level and explained what initially would be built and how the additions could be added in the future. Mayor Turville invited the public to ask questions or give their opinion of the schematic design. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2000 Page 4 Nancy Fullerton asked if the lobby was two stories high and Mr. Butler explained that inside the building, all lobbies are one-story tall in order to utilize all the space. Mr. Butler stated that the first floor is 15 feet high and the other two floors are 14 feet high. Council Member Renick asked if that was taller than our present Height Ordinance allowed and City Manager Saunders stated that it approximately 1 foot taller than our Ordinance allows. Bob Wade stated that it was a classic, good-looking building that would not date itself. Mr. Wade stated the City could be proud of this building and it would be timeless. Council Member Renick asked if we would have to request a one-foot variance and Mayor Turville responded that we would. Oakley Seaver asked why there was a retention area as he understood the reason we had a large retention pond down by Lake Minneola was so the Downtown area would not have to have separate retention areas. Mayor Turville stated that was tree for everything north of Montrose Street. City Manager Saunders stated that when the retention pond by the lake was sized the City took in calculations for this comer and the Civil Engineers will advise the City on that. Mayor Turville stated the price is $3,790.078.42 if we stay within the budget and Council Member Renick stated that she thought that was high until she started comparing prices with the cost of the new High School. Council Member Biddle stated that he agreed with Mr. Wade that this building is classic and will go with the existing buildings downtown and allows for expansion. Council Member Renick asked if there was any way to avoid having to request a variance and Mr. Butler stated it will be his goal to try and keep it within the City's Height Ordinance requirements. City Manager Saunders stated that when the Height Ordinance was adopted the Council had discussed having different height restrictions in the Central Business District. Council Member Biddle stated that at the time the City Council passed the Height Ordinance we did not have fire equipment to protect buildings any higher, but now the Fire Department has the equipment necessary. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2000 Page $ A motion was made by Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimously to approve the Schematic Design of the New City Hall and authorize C.T. HSU & Associates to continue with the project. CPO.- UNFINISHED BUSINESS Ordinance No. 405-M-Final Reading Mayor Turville read Ordinance No. 405-M by title only. City Manager Saunders stated that Ordinance No. 405-M will provide for a telecommunications franchise with Adelphia Business Solutions. Mr. Saunders stated the City has been working with Adelphia for several months and we have a final draft, however Adelphia has not provided written acceptance of the agreement and suggested that the Council table this ordinance until the January 9, 2001 meeting. A motion was made by Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimousl_¥ to table Ordinance No. 405-M until the January 9, 2001 meeting (time certain). Rock Vista, Inc. Planning Director Barry Brown stated that the next three items on the Agenda all relate to the same property which is located on the southeast comer of Highway 27 and Vista del Lago Boulevard. Mr. Brown stated that the applicant is requesting annexation pursuant to an Annexation Agreement and then rezoning. Mr. Brown stated that the applicant is proposing to construct a Walgreens Pharmacy and wishes to annex into the City to obtain City services. Mr. Brown stated that earlier this year Lake County approved the development of a Walgreens drugstore and future out-parcel at this location and the proposed development has also received approval from The Vista's Homeowners Association and has a signed agreement with the Developer. Mr. Brown stated that the applicant is requesting that the City provide sewer and other services and if the City is going to provide those services it should manage the development and receive the ad valorem revenues, therefore Staff is recommending annexation and rezoning to C-2 General Commercial. Mr. Brown stated that approval is contingent upon a Developer's Agreement which addresses infrastructure provisions and reiterates commitments that were made by the developers of the Walgreens to the homeowners in The Vistas. Mr. Brown provided an overhead projection of the project for review. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2000 Page 6 Mayor Turville opened the public hearing. Paul Valez, Vice President of The Vistas Homeowners Association stated he has followed this project for two years and their Board has come to an agreement with Rock Vista, Inc. that the homeowners feel it is beneficial to their community. Mr. Valez stated he attended the Lake County Board of Commissioners and Planning and Zoning Commission meetings to support Rock Vista, Inc. in this project. Mr. Valez stated that Rock Vista wants to develop the property in a manner that is acceptable to the residents of the community and they want to express their support. Gregg Zuckerman, President of Rock Properties stated they have worked long and hard with the residents of The Vistas, Lake County and the City of Clermont and stated that he would be happy to answer any questions. Nancy Fullerton asked if this would open a "link" in terms of an "annexation channel" that doesn't already exist and Planning Director Brown stated that Vacation Village is to the South and The Vistas is on the West and he did not see any potential for annexation beyond this. City Manager Saunders stated that the property is already developed to the south, so it is not opening up a corridor to undeveloped property. Mayor Turville stated that the County declared that side of Hartwood Marsh Road a major arterial and having done that the issue to this Council is if this development is going to be there, should it be on our tax rolls and our sewer system, or should it be controlled by the County and on a well and septic tank. Mayor Turville stated that a joint planning agreement with the County would assist in these situations, but that is not in place yet. Planning Director Brown stated that when the County changed the designation of Hartwood Marsh Road fi.om minor collector to major collector, it made these property meet the County's location criteria for commercial uses. Mr. Brown stated that this developer approached the City in the past regarding annexation and the City said no, however, since the County has approved the project, it is beneficial that the City annex the property so that the project is developed to om' specifications and give the City control of the uses. Mr. Brown stated that if the City is willing to provide water and sewage, Staff recommends that the City have control of the property. Council Member Mullins asked if parcel 3 was included and Planning Director Brown stated it was included in the annexation and that in accordance with the Developers Agreement, the parcel was going to be deeded to the homeowners of The Vistas. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2000 Page 7 Mr. Zuckerman stated that they are also moving the raised median at Vista Del Lago where the homeowners mailboxes are located and as that intersection is being signalized, they are going to take out the median and push the entrance back to the wall at the west side of the property, which will improve the access to Vista Del Lago Road. Bob Beasley asked how far the water and sewer lines would have to be run and City Manager Saunders stated that the developer will be extending the lines and there will be no cost to the City. City Manager Saunders advised the Council that this project will be on our sewer line but will not be on City water. Mr. Beasley stated that he supports the City having control of the development. Council Member Renick asked Mr. Valez if the homeowners felt they were adequately protected as the agreement states that it will work with the Homeowners Association but does not specifically give the Association the right of refusal regarding the project. Mr. Valez stated that the Homeowners Association feels that they have worked with this company for some time and feel secure that they will work together. Council Member Renick stated she was concerned about whether the homeowners were protected enough. Mayor Turville stated that all uses would have to come before the Council for approval and he had never seen a Homeowners Association strike as good a deal this and complemented them. Mr. Valez stated they feel that Rock Properties worked with them and was interested in their property values. Mr. Zuckerman stated that they have a recorded agreement with Walgreens that is very restrictive as to uses and they do not want any problems with adjacent property owners. Council Member Biddle stated that he was satisfied that the Homeowners Association and the Developer have worked out an agreement they are both satisfied with. A motion was made by Council Member Biddle, seconded by Council Member Mullins and carried unanimously to approve the Developers Agreement between The Vistas Homeowners Association and Rock Vista, Inc. Ordinance No. 407-M-Final Reading Mayor Turville read Ordinance No. 407-M by title only. Mayor Turville explained that this is the annexation that will cover the parcel just discussed. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2000 Page 8 Nancy Fullerton asked what the existing zoning and land use was on the property and Planning Director Brown stated that when property is annexed into the City it is assigned a default zoning of UE-Urban Estate and they are requesting the appropriate rezoning to C2- General Commercial so they can do the Walgreens project. Mr. Brown stated the property has an existing Commercial Zoning fi.om the County and confirmed this will be an upgrade in that it will restrict uses. Council Member Biddle stated that he supported this and believes the City should have control since our requirements are stricter and we will get a much better product. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve Ordinance No. 407-M. Ordinance No. 408-M-Final Reading Mayor Turville read Ordinance No. 408-M by title only. Mayor Turville stated that this ordinance will rezone the property described in Ordinance 407-M and stated that the issue requires a Quasi-Judicial Heating be held, so anyone wishing to speak in favor of or in opposition to the request should be sworn in. A motion was made bp Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimously to approve Ordinance No. 408-M. e~Q ~"~7 Skytop, Inc.-Site Impact Agreement City Manager Saunders stated that he received a letter fi.om Attorney Jimmy Crawford requesting that the next four items on the Agenda be tabled until the January 23, 2001 Council Meeting. Mr. Saunders stated that it was discussed during the Planning and Zoning Commission meeting that there should be an agreement with the Carters regarding the right- of-way for the Reverse Frontage Road and the applicants are still working on that agreement. Ordinance No. 409-M-Final Reading Mayor Turville read Ordinance No. 409-M by title only. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2000 Page 9 Resolution No. 1169 Mayor Turville read Resolution No. 1169 by title only. McCoy & Associates Mayor Turville stated the variance request by McCoy & Associates will be included in the tabling. A motion was made by Council Member Renick, seconded by Council Member Mullins, and carried unanimousl)~ to table the Skytop Site Impact Agreement, Ordinance No. 409-34, Resolution No. 1169 and the variance request bY McCoy & Associates until the Januar~ 23, 2001 Council Meeting (time certain). VISITORS WITH BUSINESS Phil Edgington/Clermont Yacht Club Planning Director Brown stated that the applicant is requesting a variance to allow a 15-foot setback from all internal roadways for their development located north of Grand Highway east of East Avenue. Mr. Brown stated that the development was originally granted a fi'ont- yard setback of 15 feet. Mr. Brown stated that the original request did not include side yards and they have eight comer lots within the subdivision that they are requesting be allowed the 15- foot setback as opposed to the 25 feet per code. Mr. Brown stated that Staff recommends approval of the variance request. Mayor Turville stated that the following issue requires a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. Deputy City Clerk Maddox swore in the following: Phil Edgington, 1150 W. Minneola Avenue, Clermont. Mr. Edgington stated that on his original application for a variance request for a 15-foot setback it was his intent that the request be applicable to all setbacks from all roads which including side yards of comer lots. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2000 Page 10 City Manager Saunders stated that the criteria for granting the setbacks was the fact that the project has rear alleyways and garages and there are no driveways coming off the front of the homes. Mr. Saunders stated that these are all private streets, not public streets and it was an oversight at the time that the side yard setbacks were not included as it is apparent that was the intent. Mayor Turville stated that the granting of this variance will not include the ability to add more buildings to the development. Mayor Turville stated that the buildings on these comer lots that require the variance do not stick out closer to the street than the ones that do not require the variance, so there is not an increased encroachment. Council Member Biddle stated that sometimes the hardship is what is left if the variance is not granted and in this case the variance makes the development a better product. ,4 motion was made bp Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve the variance to allow a 15-foot setback .from the interior right-o_f-waYs. Scott and April Kauffman Planning Director Brown stated that the applicants are requesting a variance for a 23.2-foot rear-yard setback where 25 feet is required at 1988 Brantley Circle in order to construct an addition onto the rear of their existing home. Mr. Brown stated that the existing home was constructed 43.1 from the front property line, rather than the minimum of 35 feet required by Code, in order to save an existing oak tree. Mr. Brown stated that Section 118.3 of the Land Development Regulations states that preservation of any approved tree over 25 inches may be considered as the basis of the granting of a variance, however Staff interprets this to apply to the original developer of the property. Mr. Brown stated that no additional trees are being preserved with the construction of this proposed addition, therefore Staff recommends denial of the request since no hardship exists. Mayor Turville stated that the following issue requires a Quasi-Judicial Heating be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. Deputy City Clerk Maddox swore in the following: April Kauffman, 1988 Brantley Circle, Clermont, F1 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2000 Page 11 Ms. Kauffman stated that they did not build the home and they appreciate the fact that the builder decided to preserve the tree. Ms. Kauffman stated that they have the approval of their Homeowners Association and neighbors who support their request for a variance. Council Member Biddle stated for the record that he had discussed this with Ms. Kauffman some time ago. Council Member Renick stated that Ms. Kauffinan was a neighbor. Ms. Renick stated that the person who built this home gave up over 8 feet in order to save a tree and she felt that is what Clermont is all about. Ms. Renick stated that this is a smaller house with a growing family and the neighbors and Homeowners Association are supporting this so she feels the variance should be granted and the applicants should not be punished because a beautiful tree was saved. Council Member MacLauchlin stated she felt the Council should cut the applicants some slack. Council Member Mullins asked if the property behind the Kaufrnan's was a yard or just trees and Ms. Kaufman stated that the home behind her has a 6-foot fence that divides the properties and has quite a few trees. Mr. Mullins stated that he felt that if the Kaufmans were building this house fi.om scratch, the Council would allow them the setback to save the tree and feels they should be allowed their request. A motion was made bp Council Member Biddle, seconded by Council Member Renick, and carried unanimously to approve the variance to allow a 23-foot rear- yard setback. Council Member Biddle stated that he understands Planning Director Brown's and the Staff's position to follow the rules, and is sure they understand the Council's recommendation. Introduction of Ordinance No. 411-M Mayor Turville read Ordinance No. 441-M by title only. City Manager Saunders stated that this is a 15-acre parcel that is part of a 30-acre parcel, located north of the Citrus Tower at the northeast comer of Highway 27 and Citrus Tower Boulevard. The applicants are requesting that this 15-acres be zoned Commercial as the other 15 acres is zoned. Mr. Saunders stated the final hearing of Ordinance 411-M will be at the January 9, 2001 meeting. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2000 Page 12 A motion was made bp CouncilMember MacLauchlin, seconded by CouncilMember Biddle, and carried unanimously to approve the introduction of Ordinance No. 411- CITIZENS COMMENTS Ms. Shelby stated that she approved the Council's action in granting the variance to the Kaufmans. Nancy Fullerton provided a copy of a letter from the Save Our Lakes Committee to Chairman Kerr of the St. John's Water Management District requesting that the Governing Board declare that a water shortage exists in Lake County, with particular focus on South Lake County and the Lady Lake/Lake Griffin/Ocklawaha River area in northwest Lake County. Ms. Fullerton stated that they also request that the District place a moratorium of some type on the issuance of new Consumptive Use Permits in Lake County. Ms. Fullerton requested that the City Council support the requests by the Save Our Lakes Committee. Ms. Fullerton stated that while we cannot control nature, we can help conserve water consumption. Mayor Turville stated that he agreed with Ms. Fullerton and reiterated that the District has the authority and ability to do something. Ms. Fullerton asked that the City demand that the District take some action. Mayor Turville stated he did not have a problem with requesting that the St. John's Water Management District come and talk to the Council regarding risks associated with further consumption. Council Member Renick, MacLauchlin, Mullins and Biddle all expressed the possibility of enforcing the City's water restrictions. Council Member Mullins stated that the City can either pass out fines or can change the water billing structure so that during drought conditions once a person passes a certain level of use the cost becomes more and more expensive. Mayor Turville stated that the District has in mind, a rate structure that encourages conservation. The Council Members agreed that our City is in a crisis situation. Mayor Turville stated that our City already has required all developments with golf courses to use gray water when it becomes available and required the developers to put in those lines. Mayor Turville stated that we are approximately 2 years away from having the re-use water available and there is also a possibility to get re-use water from Orange County at that time. City Manager Saunders stated that the City Engineer is already working on a tier-rate water structure and hopefully it can be brought before the Council at the first of the year. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 12, 2000 Page 13 Mayor Turville stated that because of our soil type South Lake County's per capita use of water is averaging 2 to 3 times the average in the State. There being no further business the meeting was adjourned at 9:30 p.m. Attest ~y Clerk