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10-26-2004 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING October 26, 2004 The Clermont City Council met in a regular meeting on Tuesday, October 26, 2004 in the Council Chambers at City Hall. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Mullins, Ash and Renick. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the recitation of the Pledge of Allegiance. MINUTES Minutes of Council Meeting held on August 10, 2004. Council Member Renick recommended adding language to the second page that is missing information. The reason Mr. Saunders suggested a bond is due to the comment Ms. Renick made which was "unless we have some kind of financial protection, to stay with the original agreement" which then prompted Mr. Saunders to suggest a bond. Council Member Mullins moved acceptance of the minutes; seconded b_¥ Council Member Reniclc The motion passed with all members present voting "ave ". REPORTS ' City Manager Saunders - No Report Attorney Mantzaris - No Report Council Member Ash - No Report Council Member Mullins mentioned the great turnout for the triathlon held in Downtown Clermont last Saturday. Council Member Renick complimented staff on the JPA meeting with Land Planning Agency at Lake County where they discussed our Land Development Regulations. Mayor Turville - No Report PROCLAMATION Mayor Turville read aloud the Proclamation for National Epilepsy Awareness Month. PRESENTATION Mayor Turville presented the Fire Department with the Life Safety Achievement Award for fire prevention efforts. 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. City of Clermont MINUTES REGULAR COUNCIL MEETING October 26, 2004 Item - 1 Agreement Approval Request Approval of the Code Red Service Agreement between the City of Clermont and Emergency Communication Network, Inc. in the amount of $5000 Item - 2 Purchase Approval Approval to purchase 1000 MSD-95 rollout garbage carts from Otto Waste Systems, LLC for $36,100 Item - 3 Event Request Request to Use McKinney Park on November 13, 2004 for the 1st Annual Fall Festival, sponsored by East Ridge High School, Knight Steppers Item - 4 Ciro's Christmas Request for an Open Air Sales and Tent Permit for retail sales of Christmas Trees located on Hwy 50, next to Dunkin Donuts and across from Rolling Hills Ford Dealership from November 10 - December 31, 2004 Council Member Mullins requested pulling item 4 from the consent agenda. Council Member Renick moved approval of consent agenda items I - 3; seconded by Council Member Renick. The motion passed with all members votihg "ave ". Council Member Mullins inquired whether item 4 was the same company who has requested a permit in previous years. City Manager Saunders confirmed that it is the same company. Council Member Renick moved to approve consent agenda item 4; seconded bY Council Member Mullins. The motion passed with all members present voting "ape ". Mayor Turville stated this is the end of the published agenda and opened the floor to the audience for comments. NEW BUSINESS Resolution 1406 Mayor Turville read Resolution 1406 aloud by title only and stated the variance request will be heard collectively. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow for the operation of a restaurant on the second floor of an existing wakeboard camp. Variance Request- P. J. Marks Principal Planner Henschel stated this property is in the Central Business District located at 848 West Osceola Street. The applicant, P J Marks, intends to establish a restaurant and bar above an existing Wakeboard Camp. Currently, it is occupying both levels of the two story building. The applicant intends to downsize the wakeboard camp to the first floor, while renovating the upper level for the restaurant and bar. In 2002, the applicant was approved for a restaurant on site and has decided to condense both uses into one building. Also, he intends to add a deck that will extend approximately 50 feet from the back of the existing building. The proposed deck is approximately 2700 square feet and the restaurant will occupy 1500 square feet. Parking will have to be paved and added to accommodate the restaurant and Wakeboard Camp. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING October 26, 2004 The applicant is proposing parking on the west and east side. Staff is concerned about existing parking of the boats and trailers on site. The current site plan does not indicate where the boats are stored or where they are launched along the shoreline. Furthermore, the applicant will be required to obtain a variance to allow the landscape buffer along Osceola Street to be placed on the city right-of-way. Staff recommends approval of the Conditional Use Permit as well as the variance request. P J Marks, applicant, was present and available for questions. He noted the boat parking will be off site. Mayor Turville inquired about whether the boats are being fueled in the water; Mr. Marks confirmed. Mayor asked if he could avoid doing that. Mr. Marks commented he would like to find an alternative. Council Member Ash commented that we are agreeing to the variances in reference to a buffer and the fact that the landscape buffer is on the city right of way with the understanding that we will be using the property at the rear as a continuation of our trail. She inquired if this is a serious consideration. If so, it may not be necessary to approve the variances. City Manager Saunders stated this idea was discussed when Mr. Marks first had the Wakeboard Camp before the restaurant was planned. There is one section of the trail from Eighth Street to West Avenue, where we did not have any control of that waterfront property, which is a sidewalk that runs along Osceola Street. We took an opportunity when we had a CUP to reserve that area to re-align it and have the regular 12 foot wide trail along the waterfront. The reason for not allocating funds in the budget already is waiting until the property is developed. Once the applicant completes this project, Mr. Saunders anticipates proposing to do this in the next budget year. Mayor Turville commented that we would all be better served with a trail instead of a parking lot. Council Member Ash voiced her reason for willing to approve the variances as written is because the city will benefit from having the continuation of the trail where it should be along the waterfront. However, if it will not be developed as a trail, she does not think it is necessary to approve the variances. Mayor Turville opened the public hearing. Ray Goodgame, 2118 St. Ives Ct., inquired about the parking being close to the lake, if the water run off can be captured and pumped into the sewer system or can oil be skimmed to not reach the lake. Also, asked if it will raise the elevation of the building higher than the existing building in front of it. City Manager Saunders addressed the questions stating the deck will be built off of the north side of the building and they will be required to meet all of the St. Johns Water Authority and City of Clermont water retention standards for the parking lot. They will be building a water retention area to handle the water to prevent it from going into the lake. Mayor Turville closed the public hearing. City Attorney Mantzaris commented on the language of the Resolution 1406, item 7 on page 2 regarding the trail recommended changing the word "might" to "shall". Council Member Mullins moved approval of Resolution J406 as amended; seconded b_v Council Member Renick. The motion passed with all members present voting "ape ". City of Clermont MINUTES REGULAR COUNCIL MEETING October 26, 2004 CounciI Member Mullins moved to grant variances requested; seconded by Council Member Renick The motion passed with al.l members present voting "ave ". Resolution 1409 Mayor Turville read Resolution 1409 aloud by title only and noted the variance request will be heard simultaneously. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow for the construction of a multifamily town homes in the C-2 Commercial Zoning District. Variance Request- Clermont Highlands Development, Inc. Planner Henschel introduced the request for a CUP by the Clermont Highlands Development Co. to expand an existing multi family development in the C-2 zoning district. This is a 3.3 acre vacant parcel located on Grand Highway located adjacent to the Clermont Hillside Villas. The expansion will be 26 multi family units grouped together within 6 buildings. It will be an expansion of the existing Clermont Hillside Villas to the north which is nearing its build out of 92 units. They are proposing to make an internal connection to this proposed development. The applicant is requesting two variances which is an internal street connection to the existing development and to not buffer the north property line as it abuts other residential units. Staff recommends approval of both variances and the Conditional Use Request. Rick McCoy, McCoy & Associates, spoke on behalf of the applicant. He commented this is the best use for this property and noted they have tried to keep the taller trees on the property. They have made an oversized cul-de-sac to avoid the trees. Mary Lynn Netzel, commented on the letter received from the City of Clermont regarding the request from Hillside Villas for a permit and two variances. She lives at the top of the hill and is concerned with not having a buffer. She requested a shrubbery buffer to have a boundary between the new and existing units. Also, inquired about paving the roads. Andrew Thomas, Clermont Highlands Development, stated there is a planned resurfacing of the private road that has been recently rescheduled. City Manager Saunders explained the reason for the request to not have a buffer is due to it being a narrow piece of property. Code requires a 10 foot landscape buffer along the north line and if they dedicated 10 feet along that side, it would push everything too far to the south. Mr. Saunders suggested granting the variance for 10 feet but require a hedge row and trees in that area to not lose the 10 feet but would still meet the request for shrubbery. Council Member Ash questioned the reason for the buffer request. Ms. Netzel said she wants it for aesthetics and division. Mayor Turville closed the public hearing. 4 Ci~ of Clermon~ MINUTES REGULAR COUNCIL MEETING October 26, 2004 Council Member Renick asked for clarification on the buffer requirement. City Manager suggested the city grant the variance for a 10 foot wide buffer but require the plantings that would normally take place in that area. Council Member Renick questioned the placement of that condition in the Conditional Use Permit to guarantee it. If we are granting the variance and eliminating the buffer, she suggested adding language to offset that. Attorney Mantzaris stated that the applicant has asked for the elimination of the 10 foot buffer requirement and Council has the option to reduce the request. He recommended reducing the footage of the variance and still requires a landscape buffer. City Manager Saunders suggested instead of giving a variance to eliminate the buffer; to give a variance for a 5 foot wide buffer in order to meet both intents. Council Member Ash asked if the buffer should be more specific. City Manager Saunders agreed stated the variance would be granted that a 5 foot buffer would be granted from unit 11 east. Council Member Renick inquired about the applicant saving trees and recommended including a guarantee on the number of trees. City Manager Saunders advised that has been identified and further noted the site plan shows the existing trees. The condition could be changed to say they will preserve the trees as shown on the site plan presented. To address the concern, Mr. Saunders recommended on section 3 to add "including the tree protection plan" in the first sentence. Council Member Ash moved approval of Resolution 1409 as amended; seconded by Council Member Mullins. The motion passed with all members present voting "ape ". Council Member Ash moved to grant a 10 foot buffer on the northern properS, line that would be maintained along the commercial area and the remaining area would be a 5 foot buffer. Mayor Turville stated the intent of this motion is to ensure the plantings occur in this area although the buffer is not required. City Manager Saunders suggested describing it as 10 feet to unit 11 then 5 feet from ! 1 East. Council Member Ash agreed with the amendment to the motion. Council Member Mullins seconded the motion. The motion passed with all members present voting "aye ". Mayor Turville stated this is the end of the published agenda and opened the floor for any comments. ADJOURN: ~' ~ Tracy A/6fcr~y.f:l, City C16Jk With n,o. further comments, the meeting was adjourned at 8:14pm. APPROVED: Mayor Hal Turville