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09-28-2004 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2004 The Clermont City Council met in a regular meeting on Tuesday, September 28, 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 Ash, Mullins and Renick. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, Assistant City Manager Gray and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the recitation of the Pledge of Allegiance. REPORTS City Manager Saunders gave an update on the recent hurricane damage to include minor overflows on a couple of the lift stations, roof problems to Fire Station #1, ball field damage and the 8th Street fishing pier is temporarily closed. Staff is in the process of conducting the assessment for FEMA with the expectation of a larger number than with Hurricane Frances due to homes with more significant damage and flooding. Also, reported the water authority has given us an extension on the Center Lake project. The contractor will return when the water level decreases. Mr. Saunders proposed hiring Kat Hyatt to organize the Light Up Clermont event and asked Council to move forward with her contract. The City is expected to incur $3,000 in direct costs plus her fees will be an additional $2,500 to $3,000. He asked the Council to consider moving forward with her contract and the additional funds to have the event and added it is allocated in budget. Council Member Mullins moved to not exceed $6,000; seconded b_y Council Member Renick. The motion passed with all Members present voting "ape ". Attorney Mantzaris - No Report Council Member Ash - No Report Council Member Renick - No Report Council Member Mullins - No Report Mayor Turville - No Report PROCLAMATION Lake County Cultural Affairs Council - A Day in the Park Council Member Mullins read the Proclamation aloud. Mayor Turville requested any items to be withdrawn or tabled placed first on the agenda. City Manager Saunders recommended tabling Ordinance 485M. There is an affidavit that was required that we have not been able to obtain from the owner yet therefore requesting it be tabled to the next meeting. Then, Ordinance 487M is also a small scale comprehensive plan amendment that is recommended being tabled to be heard concurrently with Ordinance 486M which is being introduced tonight. Also, Ordinance 492M and 493M is an annexation and rezoning; the applicant has requested those be tabled to the October meeting. And, Resolution 1406 is a request from PJ Marks for a CUP. The applicant needs a variance and requested the Resolution be tabled to the second meeting in October. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2004 Ordinance 485M-Final Hearing Council Member Mullins moved to table Ordinance 485M to October 12; seconded b_¥ Council Member Renick. The motion passed with all members present voting "aye ". Ordinance 487M- Final Hearing Council Member Mullins moved to table Ordinance 487M t6 October 12; seconded bY Council Member Renick. The motion passed with all members present voting "aye ". Ordinance 492M- Introduction Council Member Mullins moved to table Ordinance 492M to October 12; seconded by Council Member Renick. The motion passed with all members present voting "ave ". Ordinance 493M- Introduction Council Member Mullins moved to table Ordinance 493M to October 12; seconded by Council Member Renick. The motion passed with all members present voting "aye ". Resolution 1406 - PJ. Marks Council Member Mullins moved to table Resolution 1406 to October 26; seconded b_¥ Council Member Renick. The motion passed with all members present voting "aye ". 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. Item - 1 Final Plat Approval Wal-Mart Super Center Item - 2 Banner Sign Request to hang a banner sign by the Clermont Garden Club For their first annual "Harvest Festival", on October 30, 2004 Council Member Mullins moved approval of the consent agenda as written; seconded b_¥ Council Member Ash. The motion passed with all members voting "ave ". Ordinance 490M - Final Hearing Ordinance 491M - Final Hearing Final Plat Approval - Southern Fields, Phase I Mayor Turville read Ordinance 490M and Ordinance 491M aloud by title only. Ordinance 490-M: An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date; providing for severability; and providing for publication. City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2004 Ordinance 491-M: 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 described herein as shown below, providing for severability, providing for an effective date and providing for publication. Principal Planner Henschel explained to Council these ordinances are for the annexation and rezoning requests by Ladd Development Inc. The property is located south of Hartwood Marsh Road and east of Regency Hills Subdivision. The property owned is currently developing a single family subdivision with 139 lots with overall density of 2.8 units per acre. A City Utility Agreement for the project has been obtained by the applicant and the utilities are currently being installed. The rezoning request is from Urban Estate to R-1 Residential. Staff recommends approval of the requests. Mr. Ladd stated the reason for the application is to facilitate the terms of the Utility Agreement. Mayor Turville opened the public hearing. Ray Goodgame, 2118 St. Ives Court, questioned the subdivision having only one (1) entrance. Mayor Turville dosed the public hearing. Council Member Mullins concurred with Mr. Goodgame on having only one entrance. Mr. Ladd sated there will be two accesses within the next two years to complete the project of all three phases. Council Member Renick stated the applicant has approval from the county for 139 homes. Then, asked if we could' review the project again to reduce the density, if he is required to annex. City Attorney Mantzaris stated this is a rezoning process which can utilize the zoning review just like any rezoning request. However, it may expose the city to liability and risk because the City agreed to provide water and sewer to a project and as an agreement, the applicant is trying to fulfill the terms of the agreement. Council Member Renick expressed concern if it would be to the City's benefit to annex or let the county take care of it. City Manager Saunders stated this development would still impact the City's parks and emergency services without paying those impact fees. It would be advantageous to have the property annexed and it is a connection to other properties to be contiguous. Mr. Ladd commented that they are making an effort to provide property for a charter school. Furthermore, he has committed to annexing the property adjacent to this. Council Member Mullins moved adoption of Ordinance 490M; seconded bY Council Member Ash. The motion passed 3 to 1 on a roll call vote with Council Member Renick voting "nap". Council Member Mullins moved adoption of Ordinance 491M; seconded by Council Member Ash. The motion passed 3 to 1 on a roll call vote with Council Member Renick voting "nap". Council Member Mullins moved approval of the plat approval; seconded b_¥ Council Member Ash. The motion passed 3 to 1 with Council Member Renick voting "nay". City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2004 Developers Agreement Ordinance 495M - Final Hearing Ordinance 496M - Final Hearing Mayor Turville explained these three items will be heard collectively as they are related. Principal Planner Henschel stated this is a request for annexation and rezoning by Herb Smith under Tower Villages Inc. It's a 2.8 acre parcel on the north side of Hwy 50 between Citrus Tower Blvd. and Hancock Road. The owner is planning to develop a mixed use development including restaurants, retail and professional office.. The rezoning request is from Urban Estate to C-2 Commercial District with a development agreement and is requesting annexation with City utility services. Staff recommends approval as requested. Mayor Turville read Ordinance 495M and 496M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date; providing for severability; and providing for publication. 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 described herein as shown below, providing for severability, providing for an effective date and providing for publication. Herb Smith, 1954 Brantley Circle, stated that they are adding a final parcel to go around the retention pond. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Renick moved to approve the Developer's ~4greement; seconded by Council Member Mullins. The motion passed with member's present voting "aye ". Council Member Renick moved to approve Ordinance 495M; seconded by Council Member Mullins. The motion passed 4 to 0 on a roll call vote with all members present voting "aye ". Council Member Renick moved to approve Ordinance 496M; seconded by Council Member Mullins. The motion passed 4 to 0 on a roll call vote with all members present voting "aye ". Ordinance 486M - Introduction Mayor Turville read Ordinance 486M aloud by title only. An Ordinance of the City of Clermont, Florida, adopting the Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the Comprehensive Plan Amendment; setting forth the purpose and intent of the Comprehensive Plan Amendment; providing for the adoption of the Comprehensive Plan Amendment; establishing the legal status of the Comprehensive Plan Amendment; providing a severability clause; and providing an effective date. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2004 Principal Planner Hollerand advised Council this is a large scale comprehensive plan amendment which is the second one for this year and are allowed two per year. It is for 3.4 acre parcel on the corner of Hunt Trace and Citrus Tower Blvd. and was transmitted to the DCA in June. The DCA sent a letter advising the City they have no problems with it. Council Member Mullins moved introduction of Ordinance 486M; seconded bY Council Member Renick. The motion passed with all members present voting "aye ". Langley Mooring Transmittal Hearing Planner Hollerand advised Council the large scale comprehensive amendment requires a transmittal and adoption hearings. It must be approved at the transmittal to be forwarded on to the DCA Review Agency. The earliest it could return is in February. She notified citizens to sign up if interested to be notified of when the amendment will be final. The proposal is a 6 acre parcel for a multi family project. Staff requires a map and text change to the comprehensive plan. They will be combining the two as one submittal. The request will change the land use from Established Residential District -! to Established Residential District-6 to allow multi family development for property located west of the intersection of Lakeshore Drive and Hooks Street. It is a proposed town home project which is considered multi family. The zoning on this parcel is R1A single family low density residential. Staff recommends denial because the area has historically been built out as R1A single family low density and the proposed multi family will encroach on the well established developed pattern. The Planning & Zoning Commission voted 5 to 2 for approval. City Manager Saunders clarified the language change ERD-6 to allow multi family will not just affect the 6 acres but the entire ERD-6 area. Cecelia Bonifay, was present on behalf of the applicant and was available for questions. She commented this is only a land use plan amendment; not a rezoning. Don Griffey, President of Griffey Engineering, discussed traffic concerns. The intersection of Lake Shore Drive and Hooks Street receives a fair amount of traffic. There are projects in the process now such as the South Lake Connector that are meant to provide a relief to that traffic. The developer is committed to allocate money toward the improvement of that intersection with the addition of turn lanes. The proposed project will add 37 cars during peak driving times. Mayor Turville opened the public hearing. Council Member Renick stated for the record she had 2 conversations with Speedy Wolf and Nancy Fullerton to express they are in favor of the project but she had no direct communication with the applicant. Council Member Ash reported she met with Mr. Langley to show her the design. Terry Mosley, 1790 Ramie Road, adjacent to the property, stated he is not in favor of the project. Marilyn McLaughlin, 1736 Sunset Drive, stated her property abuts the northern boundary. She stated that allowances have had to be made for existing uses and in many cases, these grandfathered sites were incongruent and did not fit in with the surrounding uses naming Minnehaha Trailer Park. Furthermore, she noted changing the comprehensive plan to expand the grandfathered use that already does not fit with the character of the surroundings, should be avoided. The City of Clermont has grown up around this parcel with residential uses on three sides. For three years in a row, with Marilyn Langley's cooperation, she applied for a Grant Reservists effort for the city's residents. The application process required public support for the project. Letters endorsing the effort were received from public officials and from the great grand-daughter of the original owner of the proposed site. City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2004 Petitions were received with 140 signatures mostly from residents whose property is within a few hundred feet encouraging preservation of the site. Then added the same people would not welcome this development on this site. It is the right of property owners to develop but such development should be within the guidelines provided after careful consideration by the governing body. Michael Bonanno, 1829 Ramie Road, stated he does not see this as an improvement to the property and expressed disappointment with the Zoning Board. Joy England, 772 Oak Drive, opposes the project and voiced traffic concerns. Ann Crowley, 550 E. Lakeshore, opposes project due to traffic. Fred Saunders, 1780 Ramie Rd, is on the west side of the project and stated the density is too great for the area. Don Tracey, 800 W. Lakeshore Drive, does not feel the proposed project would be appropriate for that area. Steven Haas, 788 W. Lakeshore Drive, concurs with others related to traffic impact and opposes the project. Scott Langley, property owner. His family has owned the property in excess of 20 years. The property owner cannot develop the property to please everyone. He described the town homes will be similar to the Yacht Club. He offered to sit down with the residents to discuss a proposed solution. The problem is there is non-conforming property next to the proposed project which makes it difficult to sell. Micki Blackburn spoke in favor of the proposed site and reported on statistics of the types of buyers of town homes and was specific to the Yacht Club. Randy Langley, 11102 Lake Minneola, spoke in favor of developing this site. Bill Banzhaf, 790 Minneola, spoke in favor of the proposal and stated that town homes are modeled after single family homes at a higher density. Don Griffey clarified the traffic count would be during the peak hours of 4:00pm to 6:00pm and proposes a separate turn lane for fewer back ups during those peak hour periods. Cecelia Bonifay reported that a tree survey had been done on the property and based on what is envisioned for that site, they can retain 60% of the large trees currently on the site. Joann Saunders, 1780 Ramie Road, voiced concern with not enough space for traffic control. Mayor Turville closed the public hearing. Mayor Turville asked City Manager Saunders the maximum number of single family homes that could fit on the property. Mr. Saunders responded with the zoning allows for 4 units per acre and the site is 6 acres. With the zoning remaining the same at R1A, it would be approximately 2.2 or 2.3 units per acre which is based on other subdivisions approved in single family areas. Therefor. e, the number would be closer to 14 if they stayed with that zoning. Council Member Renick questioned the South Lake Connector progress. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2004 Mr. Griffey stated it is being designed which is beyond the planning stage and into implementation. City Manager Saunders noted the latest information he received is the road is anticipated to open in two (2) years. Council Member Renick inquired about the cost of an intersection. Mr. Griffey responded that a right turn lane is approximately $25,000 and a left turn lane is approximately $50,000. Mayor Turville asked the daily traffic count for the proposed project. Mr. Griffey estimated it as 370 trips per day. Furthermore, he added the applicant is willing to agree to not commence construction on his project until the construction has commenced on the South Clermont Connector. Council Member Mullins does not have an issue with town homes but with the quantity of town homes. He also voiced concern with the expansion of town homes in an ERD-6. Mayor Turville explained the concern is the adoption of this transmittal describes the intent of this Council to move forward with the project. Council Member Ash is also concerned with the quantity and questioned the space to make the traffic changes. Cecelia Bonifay stated given the concerns raised are more suitable at the zoning period but also provided for in the administrative rules that go along with the comprehensive plan. She requested this request be delayed several months to allow sufficient time to obtain a better analysis of the traffic. Attorney Mantzaris pointed out that when there is a vacancy on the board, it is appropriate for an applicant to be given the opportunity to have a full board present. Council Member Renick clarified that traffic is not the only concern of the residents; it is also the quantity. Council Member Mullins moved to table to Janua~. l lth; seconded bP Council Member Renick. The motion passed with all members present voting "ape ". Mayor Turville called for a recess at 9:44pm; the meeting reconvened at 10:00pm. Resolution 1404 Community Care Health Services Variance Request Mayor Turville read Resolution 1404 aloud by title only and stated the variance request will be heard together. 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 an adult day care facility with offices. Planner Henschel reported this is a Conditional Use Permit request to allow for the operation of an adult day care facility located at 232 & 236 Chestnut Street. Staff recommends approval of the Resolution. The variance requests allow for a grass parking area rather than paved; a 20' drive isle rather than 24'; and a handicap ramp to be located within the 15' landscape buffer rather than no structure at all. Staff recommends paving and approval of the other variance requests. 7 City of Clermont MINUTES REGU .EAR COUNCIL MEETING September 28, 2004 Nick Jones, architect, represented the applicant. It is a not for profit organization. Mayor Turville recommends paving. Council Member Ash inquired if there is a timeline in acquiring a grant to rebuild. Mr. Jones responded that once they show title to the property and show the granting agency applying to that, the board owns that property, and then the process can begin. In acquiring a grant, it depends on the ranking system which will vary from 3 to 5 years. His goal is to have a new facility within the next 5 years. Council Member Renick prefers the grass parking and has no problems with any of the variance requests. City Manager Saunders clarified in Resolution 1404 item number 11 does require 2 paved spaces for the east building and 3 paved spaces for west building. If the Council does not want to require that many spaces, the Resolution will need to be amended. Mr. Jones recommended reversing the striped area to the side where the ramp is located then would need the turn out back up space another 4 or 5 feet. City Manager Saunders advised him legally the handicapped space can not be used as a drop off space. He recommended having a space next to the handicapped parking space for drop off. Council Member Renick moved to approve Resolution 1404 with the amendment of 2 parking spaces; seconded b_l~ Council Member Mullins. The motion passed with all members present voting "ape ". Council Member Renick moved to approve the variances requested associated with Resolution 1404; seconded b_v Council Member Ash. The motion passed with all members present voting "aye ". Resolution 1405 Greg Homart/Citrus Tower Variance Request Mayor Turville read Resolution 1405 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 the construction of a 6,000 square foot bank and a 4,000 square foot building to be a permitted use in the C-2 Commercial District. Planner Henschel explained this is a Conditional Use Permit to expand an existing shopping center at the Citrus Tower Site. The parcel is approximately 4.6 acres and is currently zoned as C-2 Commercial. The expansion will consist of a 6,000 sq. ft. bank building and a 4,000 retail office building. The site will be brought up to code by providing a 20 ft. buffer along Hwy. 27, parking will be reconfigured to accommodate the additional square footage, enlarging the parking stalls and redesigning the existing sign to a ground sign. Mr. Henschel recommended a condition to section 3 No. 2 - Transportation Improvements. Cross access shall be required between the north and south properties as depicted on a conceptual site plan as prepared by McCoy and Associates dated July 2004. Staff recommends approval of the requested CUP to allow expansion of a shopping center. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2004 The applicant has variance requests to go along with the site plan. The first is to allow 203 parking spaces rather than 219 and staff recommends approval. Also, the applicant requests using existing palm trees to be used as preferred canopy and staff recommends using palms within individual landscape islands but not along the 20 foot buffer along Hwy. 27. The last request is to allow southern landscape buffer to remain unchanged without modification. Staff recommends placing several palm trees within this buffer to remain with the Florida theme. Greg Homan, 205 Sugar Loaf Mountain Road, is the applicant and available for questions. He expressed his preference to keep palm trees. Council Member Renick voiced understanding in keeping with the nostalgic look of the Citrus Tower with it being a historic site. Mr. Homan also asked to retain the sign and inquired about a ground sign. City Manager Saunders explained it is the size of the sign that must conform to our code. It cannot be more than 150 sq. feet or 20 foot tall. Also, Mr. Homan inquired about a sidewalk. Mr. Saunders explained the City's code requires a sidewalk to be constructed. Mr. Homan voiced concern with putting in a sidewalk then DOT will remove it when they make changes to the right of way elevations. He asked if a condition could be added to put in a sidewalk after DOT has completed their construction. Mayor and Council agreed with his request. City Manager Saunders recommended adding it on as a condition. City Manager Saunders read aloud as amended: Sidewalk shall be required on all public road frontages. The sidewalk shall be constructed within a 5 year period or when DOT completes the widening of State Road 27 whichever comes first. Council Member Ash moved to adopt an amended Resolution :1405; seconded bY Council Member Mullins. The motion passed with all members present voting "aye ". CounciI Member Ash moved to approve the variance request; seconded bY CounciI Member M,_d!ins The motion passed with all members present voting "aye ". Resolution 1407 Immanuel Temple Variance Request Mayor read Resolution 1407 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to amend Resolution No. 1344 to allow for the operation of a church in the R- 3 Residential Zoning District. Planner Henschel stated the request is for a Conditional Use Permit to amend Resolution 1344 to allow the operation of a church in the R-3 Residential Zoning District located at 792 E. Montrose Street. The variances requested are to allow for a 5 foot wide landscape buffer between abutting properties and to allow for 7 off site parking spaces at 743 E. Montrose Street. Applicant Pastor Forehand was present and stated he is ready to move forward. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2004 Council Member Renick moved approval of Resolution 1407; seconded by Council Member Mullins. The motion passed with all members present voting "ave ". Council Member Renick moved acceptance of variance requests for Immanuel Temple; seconded b~ Council Member Ash. The motion passed with all members present voting "ape ". Water & Sewer Agreement Mr. Saunders advised Council of the request to provide water and sewer to property outside of city limits. It is an existing industrial park located east of Hancock Road. There are existing city utilities on that road. Staff recommends approval and is designed according to city standards. Once it becomes contiguous, the city has the option to annex. Arthur Nix, Montverde Engineering, was present. Mayor Turville expressed concern with the number of gallons per day. He recommended adding to the agreement section 1.1 a maximum use up to 5,000 gallons per day then if it exceeds that hmount, would have to return to Council. Council Member Mullins moved to approve the water and sewer agreement as amended; seconded by Council Member Ash. The motion passed with all members present voting "ave ". Ordinance 342C - Introduction Vice Mayor Mullins read Ordinance 342C aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, amending Ordinance 195, as amended and incorporated in Chapter 46 of the Code of Ordinances of the City of Clermont, providing for revisions to the pension plan of the City of Clermont, Florida, providing for severability, providing for publication; and providing for an effective date. CounciI Member Renick moved introduction of Ordinance 342C; seconded by Council Member Ash. The motion passed with all members present voting "ave ". Council Appointment Mr. Saunders advised Council the purpose of the committee is to gather ideas and prepare a report then submit a report to Council. Bill Banzhaf requested to be added to the list. After much discussion of who to place on the committee, Mayor Turville appointed the following: Donna Graham, William Gray, Dot Richardson, Rob Berens, Oakley Seaver, and Bill B:inzhaf. Then, Council agreed to leave an opening for the person who fills the vacant Council seat. Council Member Ash asked staff to notify those selected and encouraged everyone to participate in the process. Mayor Tu~ille stated this is the end of the published agenda and opened the floor to the audience for comments. ~ADJOURN: With n~o further comments, the meeting was adjourned at ll:35pm. '~': ~~ APPROVED: ~¥I'rEST: j ~....' . Tr.~Xc~oyd, Cit~rk 10 Mayor Hal Turvill~''/