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09-25-2001 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2001 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, September 25, 2001 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members Biddle, MacLauchlin, Mullins and Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown and Deputy City Clerk Studdard. INVOCATION The Invocation was offered by Council Member Mullins, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES A motion was made bP Council Member Biddle, seconded bp Council Member Mullins, and carried unanimously to approve the minutes of the Regular Council Meeting held August 28, 2001. REPORTS City Manager Saunders' Report City Manager Saunders reminded the City Council of the upcoming workshop meeting to be held on September 27, 2001 at 6:00 p.m. at the Police Department and scheduled a special meeting with the City Council for the Downtown Streetscape presentation for October l, 2001 at 6:00 p.m. at the Highlander Hut. Council Member Biddle's Report Council Member Biddle spoke regarding a letter the City Council had received from Elaine Tharpe of the Code Enforcement Board requesting that the City enable the City Animal Control Officer to issue citations. He asked City Manager Saunders the status of that process. City Manager Saunders responded that the City is developing several changes to the animal control Guidelines, including giving the animal control officer the ability to issue citations. He stated that these changes should be brought to the City Council very soon. Council Member Biddle then stated that the Clermont Downtown Partnership and the Clermont Main Street program have changed the theme of the upcoming First Friday event to be held October 5, 2001 to a patriotic theme. He stated that the Calvary Band would be playing at the waterfront followed by fireworks and that he would like the City to approve the fireworks display at that event. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2001 Page 2 A motion was made bY Council Member Biddle, seconded bP Council Member Mullins, and carried unanimously to approve the fireworks display at the Patriotic First Friday to be held October 5, 2001. Council Member Biddle further requested that the City Council contribute $1,000.00 toward the cost of the fireworks for the display. A motion was made b¥ Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimously to approve the pawnent o_f $1,000. O0 toward the cost of fireworks_for the First Frida¥ display. NO OTHER REPORTS PROCLAMATIONS & PRESENTATIONS Mayor Turville proclaimed September 17 -23, 2001 as Constitution Week and publicly read the proclamation. Mayor Turville presented a Certificate of Appreciation to Harry E. Payne for his efforts in beautifying the City. Mayor Turville then presented a Certificate of Appreciation to Andrea Crossley of Yesterdaze Antiques for her efforts in beautifying her business within the City. CONSENT AGENDA Mayor Turville read the items of the Consent Agenda and asked if anyone wished any item to be pulled for discussion: Item 1 - Bid Award Ballfield Safety Netting Item 2 - Final Plat Approval Highgate at King's Ridge/Phase II Item 3 - Final Plat Approval Devonshire at King's Ridge/Phase II Item 4 - Final Plat Approval Somerset Estates/Phase II Item 5 - Mutual Aid Agreement Approval of Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2001 Page 3 Item 6 - Site Impact Agreement Agreement restricting uses for commercial subdivision at NW comer of U.S. 27 & Brogden Rd. Item 7 - Final Plat Approval Request for Final Plat Approval for commercial subdivision located at the NW comer of U.S. 27 & Brogden Rd. Public input indicated that discussion was desired on Items 6 & 7. Those items were pulled from the Consent Agenda. A motion was made bY Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimouMy to approve Items One Through Five o_f the Consent Agenda. Item No. 6 - Site Impact Agreement - Clermont Oaks Office Park Item No. 7 - Final Plat Approval - Clermont Oaks Office Park Mayor Turville stated that items pulled from the Consent Agenda for discussion are typically moved to the end of the agenda, but since several individuals wished to speak on this subject it would be heard at this time. He further stated that these two items are related. Alan & Robin Faulkner, 960 Brogden Road, adjacent homeowners to applicant's property, asked questions regarding the types of uses the applicant plans for the site and what they can expect to border their property. Rick Deardorf, 10313 Thompson Place, neighboring landowner, also spoke. Planning Director Brown described the uses allowable at the site and the choice of a wall or landscaping as a buffer.around the property. Council Member Renick asked if the applicant would allow the neighboring residents to choose which buffer he used. Bob Thompson, P.O. Box 120978, the applicant, stated he would prefer to use the landscape berm because it looks more natural, but that he would do whichever the City prefers. Mr. Deardorf stated he would need to ask the other residents which they would prefer. Discussion followed regarding the areas and sizes of the landscape buffer(s). CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2001 Page 4 City Attorney Guthrie stated the agreement could be amended to state that the neighboring homeowners would be given a period of time (45 days) to indicate which buffer they would prefer through their Homeowners Association and that if no recommendation is made within this time frame then the applicant would install the 29 foot berm and landscaping, as indicated. Mr. Guthrie further stated that the property description should be incorporated as part of the agreement. A motion was made bY Council Member Biddle, seconded bY Council Member Mullins, and carried unanimously to approve the Site Impact Agreement, as amended. A motion was made by Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimously to approve the Final Plat, subject to execution of the Site Impact Agreement. UNFINISHED BUSINESS Historical Village Site Selection City Manager Saunders stated that he had spoken with the President of the South Lake Historical Society, Inc., Micki Wolfe, and they agreed that the site selection should be postponed until the meeting of October 9, 2001, giving them time to visit the available sites. A motion was made by Council Member Renick, seconded by Council Member Biddle, and carried unanimously to table the Historic Village site selection until the meeting o_f October 9, 2001, (time certain). Variance Request - Advanced Watershapes Planning Director Brown stated that that the applicant, Advanced Watershapes, is requesting a variance to be relieved from providing the required landscape buffer along a retaining wall on S.R. 50 at the southeast comer of S.R. 50 and East Avenue. He stated that the applicant cannot construct the building with its proposed configuration and meet parking requirements without this variance, and that the applicant will landscape the parking lot that sits at the same level as the top of the retaining wall. Planning Director Brown stated that a similar variance was granted in May, 2001 and that Staff recommends approval. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2001 Page 5 Rick McCoy, 713 Montrose Street, as representative for the applicant, stated that final engineering brought out the fact that this variance was needed. Mayor Turville verified with Mr. McCoy that the site plan did not change in any other way. Council Member Renick asked if there is a way that the engineering on these projects can be submitted earlier to avoid applicants coming back for variances as often. Mr. McCoy stated that a set of engineered plans can be submitted for concept planning but it can be cost prohibitive. Discussion followed regarding the type of landscaping that would be provided with the variance. A motion was made bY Council Member Biddle, seconded by Council Member Mullins and carried unanimously to approve the Variance Request. Resolution No. 1231 Mayor Turville read the resolution by title only. Planning Director Brown stated that the applicant is requesting renewal of a Conditional Use Permit for a Planned Unit Development to construct 300 apartment homes located on 25 acres north of South Lake Hospital and adjacent to Skyridge Valley subdivision. He stated that the prior Conditional Use Permit had expired on September 14, 2001. Planning Director Brown stated that a condition should be added to Section 3, #7, prohibiting access between this project and Skyridge Valley. Mayor Turville opened the public hearing at this time. Deputy City Clerk swore in the following: Daryl Carter of Maury L. Carter & Associates, 908 S. Delaney Ave., Orlando, the applicant, stated he would be available to answer questions. The following were swom in and spoke in opposition to the project: CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2001 Page 6 Grace Piccio, 2003 Crestridge Drive Jim Douglas, 2031 Crestridge Drive Maggie Brown, 891 Woodvale Street David Kapsell, 895 Woodvale Street Michael Jordan, 877 Woodvale Street Curt Militano, 2014 Crestridge Drive Abraham Torres, 2007 Crestridge Drive Brian Blakesley, 2027 Crestridge Drive Michael Diaz, 2002 Crestridge Drive Mary Jo Militano, 2014 Crestridge Drive Lisa Archer, 898 Woodvale Street Mr. Carter responded to the concerns of the residents of Skyridge Valley. Mayor Turville stated he had supported the original Conditional Use Permit two years ago but does not now due to insufficient schools, no plan presented and the negative impact on surrounding property values. Council Member Mullins stated that there are less children in apartments than in single family residences, less water is used in apartments and that renters also help to pay taxes. He further stated that the plans for this property have been in place for many years. Council Member Renick stated that area schools are at capacity. Mayor Turville encouraged the Council to wait until the developer had a plan in place before approving the project but he preferred to deny it. He then passed the gavel to Council Member Biddle and seconded the motion. A motion was made by Council Member Renick, seconded by Mayor Turville, and defeated bY a roll call vote of three to two to deny Resolution No. 1231, with Council Members Biddle, MacLauchlin and Mullins being the opposing votes. Council Member Biddle stated that, although he agreed that more specifics were needed, this plan had been in place for a long time and he felt the location was appropriate. A motion was made by Council Member Biddle, seconded by Council Member Mullins and carried bp a roll call vote of three to two to approve Resolution No. 1231, with Council Member Renick and Mayor Turville being the opposing votes. Resolution No. 1230 Mayor Turville read the resolution by title only. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2001 Page 7 Planning Director Brown stated that the applicant, Bob Shakar of Presco Associates LLC, is requesting a Conditional Use Permit to allow the construction of a shopping center with four commercial out parcels to be located on approximately 20 acres at the southwest comer of S.R. 50 and Hancock Road. Mr. Brown stated that grading plan approval would also be needed. He stated that Staff recommends approval. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Bob Shakar, 230 Mohawk Road, the applicant, requested that Section 4, #4, be changed from "prior to the issuance of the first certificate of occupancy" to read" prior to the issance of a certificate of occupancy for either of the two out parcels...". He also spoke regarding elevations of the project. Maggie Miller, 2721 Sunburry Street, spoke against the project because of school overcrowding and traffic and due to the possibility of'a shared driveway with the neighboring property. Jim Douglas, 2031 Crestridge Drive, spoke against the project because of school overcrowding and traffic. Kevin Tebo, 14630 Pinecone Trail, spoke regarding road improvements. Mary Gypp, 2552 Abbington Drive, spoke against the project due to overdevelopment of the area. Mr. Shakar stated that there will be a shared driveway access at the project and that he is working along with other adjoining property owners with the County to provide the dedications of Rights of Way needed to begin the road widening. He stated that the Hancock Road improvements will begin close behind the Hook Street improvements. Mayor Turville closed the public hearing at this time. Discussion followed regarding approval of the grading plan. Council Member Biddle stated that the City Council had recently had a workshop meeting with the County regarding road improvements in this area and that those improvements are critical. City Manager Saunders stated that the Hancock Road improvements probably will not begin until after the Hook Street improvements begin in January. Scott Gentry stated that the Hancock Road improvements should begin within six months. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2001 Page 8 Discussion followed regarding the opening of this project with or without the Hancock Road improvements in place. City Manager Saunders stated a condition could be added in Section 4, #4, stating that prior to the issuance of a Certificate of Occupancy for the main (southern) retail area of this project the roadway improvements for Hancock Road must be completed, and prior to the issuance of a Certificate of Occupancy for either the two western retail area or the southern retail areas of the project the roadway improvements on the north-south roadway connecting S.R. 50 and Hook Street must be completed. Mr. Shakar stated that Hancock Road will be improved along with Hook Street because access to Hook Street is dependent upon Hancock Road. Council Member Renick stated she would prefer to wait until the road improvements are complete before considering this request. City Manager Saunders stated that the County will utilize some of the site to the east of Hancock Road as a temporary access for Hancock Road during construction. City Manager Saunders stated a condition should be added requiring the dedication of Right of Way necessary for the widening of Hancock Road prior to development approvals, as Condition 9 in Section 4. Council Member Renick stated that in Section 6, #5, she would like the same language used as with the last request regarding irrigation water. City Manager Saunders stated that a condition could be added that will allow the City to notify the developer of the source of irrigation water prior to a Development Order. Planning Director Brown stated an easement may be needed for construction purposes on the property. City Manager Saunders stated that a condition should be added in Section 4, as #10, providing necessary construction easemerit for Hancock Road construction improvements. ,4 motion was made bY Council Member Biddle, seconded bY Council Member MacLauchlin, and carried bp a vote o_f_four to one to approve Resolution No. 1230, as amended, including the grading plan, with Council Member Renick being the opposing vote. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2001 Page 9 Resolution No. 1228 Mayor Turville read the resolution by title only. Planning Director Brown stated the applicant, Sam Allison of Magic Moments Learning Center, is requesting a Conditional Use Permit to allow the upper floor of the VFW building at 855 West Desoto Street to be used as a temporary overflow area for the schooler program at Magic Moments Learning Center. He stated this would primarily be used after school and during holidays. Mr. Brown stated that Staff recommends approval. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Sam Allison, 885 West Desoto Street, the applicant, stated he would be available if needed. A motion was made bY Council Member Biddle, seconded by Council Member Renick, and carried unanimously to approve Resolution No. 1228. Resolution No. 1229 Mayor Turville read the resolution by title only. Planning Director Brown stated the applicant, Richard Burke of BNB Realty, is requesting a Conditional Use Permit to allow the conversion of two existing residences at 1172 and 1184 Grand Highway to one professional office building. He stated that Staff recommends approval. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: RiChard Burke, 16815 Rockwell Heights Lane, the applicant, spoke regarding the project. Council Member Biddle stated this is a most appropriate use for the location. A motion was made bY Council Member Biddle, seconded bP Council Member Renick, and carried unanimously to approve Resolution No. 1229. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2001 Page 10 Resolution No. 1232 Mayor Turville read the resolution by title only. Planning Director Brown stated this request had been postponed to the October 9, 2001 meeting to help lighten the agenda. A motion was made by Council Member Mullins, seconded by bp Council Member Biddle, and carried unanimousl_p to table Resolution 1232 to the meeting o_f October 9, 2001 (time certain). NEW BUSINESS Ordinance No. 312-C - Introduction Mayor Turville read the ordinance by title only. A motion was made bp Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimouslp to introduce Ordinance No. 312-C. Ordinance No. 433-M - Introduction Mayor Turville read the ordinance by title only. A motion was made bP Council Member Mullins, seconded bp Council Member Biddle, and carried unanimouslp to introduce Ordinance No. 433-M. Ordinance No. 436-M - Introduction Mayor Turville read the ordinance by title only. A motion was made bp Council Member Biddle, seconded bp Council Member Mullins, and carried unanimouslp to introduce Ordinance No. 436-M. Ordinance No. 437-M- Introduction Mayor Turville read the ordinance by title only. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 25, 2001 Page 11 Council Member Renick stated she had no desire to support the introduction of this ordinance. Mayor Turville passed the gavel in order to second the motion. A motion was made by Council Member Renick seconded bY Mayor Turville, and carried bp a 4 to 1 vote to not introduce Ordinance No. 437-M, with Council Member Mullins being the opposing vote. Mayor Turville described the request of Ordinance No. 437-M and stated that the City Council had just demonstrated no desire to consider such an increase in density. Ordinance No. 438-M - Introduction Mayor Turville read the ordinance by title only. A motion was made bY Council Member MacLauchlin, seconded bP Council Member Biddle, and carried unanimously to introduce Ordinance No. 438-M. Mayor Turville asked if anyone wished to speak to the City Council on other issues. Elaine Tharpe, 2322 Twickingham Court, spoke as a member of the Code Enforcement Board regarding the importance of authorizing the Animal Control officer to issue citations. There being no further business, the meeting was adjourned at 10:32 p.m. Hal Turville, Mayor Attest: ~e~ E.~Clerk