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06-22-2004 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING June 22, 2004 The Clermont City Council met in a regular meeting on Tuesday, June 22, 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, Caputo, Muilins and Renick. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Caputo gave the invocation, followed by the recitation of the Pledge of Allegiance. MINUTES City Council meeting held May 25, 2004. Council Member Ash inquired about the hours of operation for the Tire Kingdom and car wash. Council Member Mullins moved to accept with a possible correction; seconded by Council Member Ash. The motion passed with all members present voting "aye." REPORTS City Manager Saunders advised Council of the budget workshops to be held in the Council Chambers on the dates of July 14, July 15, July 19 & July 20 at 6:00pm Attorney Mantzaris - No Report Council Member Ash - No Report Council Member Caputo - No Report Council Member Mullins - No Report Council Member Renick - No Report Mayor Turville - No Report PRESENTATION The Community Foundation of South Lake County and the Clermont Junior Women's Club raised funds for a matching grant to purchase a Thermal Imaging Camera and presented a check to the Clermont Fire Department. 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 Lakeview Pointe Item - 2 Final Plat Approval Magnolia Park, Phase II · City of Clermont MINUTES REGULAR COUNCIL MEETING June 22, 2004 Item - 3 Lake Sumter Community College Request to use the Highlander Hut with waiver of fees for the Youth Outreach Department on Friday July 2Ra and Friday July 16th. Item - 4 Bid Approval Bid Approval for Palatlakaha Park Electrical and Lighting upgrades Item - 5 Task Authorization Request Task Authorization of the Engineering Proposal for Famer Barley for the Downtown Drainage Improvements project Item - 6 Purchase Approval Approval of pumhase of furniture for the City Attomey's office Attorney Mantzaris pulled item 5 from the consent agenda and Council Member Renick pulled item 6 from the consent agenda. Council Member Caputo moved to approve consent agenda item 1 through 4; seconded by Council Member Mullins. The motion passed with all members present voting "ave." Attorney Mantzaris requested Council approval with a minor revision to include: On page 7, "Il. General Conditions" add a new subparagraph A as follows: A. Incorporation of Continuing Services Agreement: This task authorization is entered into in accordance with and subjects the terms and conditions of the continuing services agreement between the parties. In the event ora conflict between this task authorization and the continuing services agreement, this task authorization shall prevail. Council Member Caputo moved approval of item 5 with the amendments; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Council Member Renick inquired whether the Council could wait until October to purchase the furniture. City Manager Saunders advised Council of the funds in the reserves to cover the expense instead of waiting when there could be an increase in price. Council Member Caputo moved approval of item 6; seconded by Council Member Mullins. The motion passed with all members present voting "ave." UNFINISHED BUSINESS Levitt and Sons, LLC- Utilities Agreement Planning Director Brown advised Council of the applicant's request to amend the Water & Waste WAter Service Agreement for the Hartwood Reserve project. It's located outside the city limits on the south side of Hartwood Marsh Road. Levitt is requesting grading in excess of 10 feet, minor encroachment into the flood plain and private streets. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 22, 2004 Attorney Mantzaris met with the applicant and the applicant has executed the agreement approved by Council on February 24, 2004. Cecelia Bonifay, Attorney representing the applicant, discussed the requested amendments. Harry Sleek, Sr. Vice President of Levitt & Sons was present and available for questions. Council Member Caputo inquired about the location of the second entrance. The response is that both will be on Hartwood Marsh Road. Mayor Turville voiced concern with encroaching onto the flood plains. Council Member Caputo expressed that he does not have an issue with the additional grading request or private streets however; he is not in favor of encroaching onto the flood plains. He is also concerned with having both entrances on Hartwood Marsh Road. City Manager Saunders verified the code states there has to be two (2) entrances but does not specifij they have to be on two separate roads. Mr. Sleek clarified the entrances would be approximately 900 feet apart. Council Member Renick and Council Member Ash also stated they are not in favor of the flood plain encroachment. Don, Kings Ridge resident, suggested having a second outlet to the plan. Council Member Caputo moved approval of proposed private streets; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Council Member Caputo moved approval of excavating greater than 10 foot; seconded by Council Member Mullins. The motion passed 3 to 2 with Mayor Turville and Council Member Renick q~oosing. Council Member Ash moved to deny the encroachment into the floodplain except for lots 46 and 47; seconded by Council Member Caputo. Aider further discussion, Council Member Ash amended her motion. Council Member Ash moved to deny the encroachment into the flood plain; seconded by Council Member Caputo. The motion passed with all members present voting "aye ". Ordinance No. 338C- Final Reading An Ordinance of the Code of Ordinances of the City of Clermont, Florida, amending the Code of Ordinances, Chapter 118 Vegetation, Article II Landscaping, section 118-33 irrigation, section 113-34 installation of landscape material, section 118-36 plant material, section 118-37 landscape buffers, section 118-38 vehicular use area interior landscaping, section 118-41 preferred tree list, section 118- 44 illustrations; providing for severability, providing for an effective date, and providing for publication. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING June 22, 2004 Principal Planner Curt Henschel explained this ordinance will amend the City's Land Development Regulations related to landscaping standards. Mayor Turville read Ordinance 338C aloud by title only and opened the public hearing; there were no comments. Council Member Caputo moved to approve Ordinance 338C as written; seconded by Council Member Renick. The motion passed unanimously with all members present voting "aye". NEW BUSINESS Mayor Turville moved Resolution 1383 ahead on the agenda to be heard along with the BP Station Variance Request. Variance Request- Progress Development Group - BP Station Planning Director Brown briefed Council on the request for a reduced landscape buffer from 10 ft. to 20 ft. to accommodate the applicant dedicating an additional right of way. At the last meeting, Council proposed realignment of Grand Highway which would require BP to dedicate an undetermined amount of right of way. City staff met with Lake County who agreed to the realignment of the road and determined 10 ft. of additional right of way will accommodate the change. Lake County is moving forward with changes to the construction plan. Staffsupports the variance request. Clerk Ackroyd swore in those wishing to speak. Cecelia Bonifay was present representing the applicant. Mayor Turville closed the public hearing. Council Member Caputo moved approval of the variance request of the BP Station; seconded b¥ Council Member Mullins. The motion passed with all members present voting "aye ". Resolution No. 1383 Mayor Turville read Resolution 1380 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 the construction of a gasoline station with ear wash and convenience store. Planning Director Brown advised Council of the request for a CUP to allow for a petroleum (gas) station with car wash and convenience store. This will be located at the southeastern comer of the intersection of S.R. 50 and Grand Highway. Staffsupports the Conditional Use Permit at this location however does not support all of the access depicted .on the site plan. Staff does the right in as shown close to the intersection at S.R. 50 and Grand Highway. Staffdoes support the driveway on Grand Highway to be located as far south as possible. In addition, staff does not support driveway access from S.R. 50 but recommends the property provide cross access to the frontage road directly to the east of the property and the access from S.R. 50 through the existing driveway on S.R. 50 to the frontage road. Planning & Zoning Commission heard the request and recommended approval. Mr. Brown reviewed the conditions outlined in Resolution 1383. Mayor Turville opened the public hearing. Clerk Ackroyd swore in those wishing to speak. City of Clermont MINUTES REGULAR COUNCIL MEETING June 22, 2004 Ceeelia Bonifay was present to represent the applicant. She is in agreement to eliminate the first access onto Grand Highway. She further commented on an additional 22 foot of right of way, right-in/right-out access and architectural design standards. Ken Hardy, Progressive Development Group, 5205 S. Lois Avenue, Tampa, was present on behalf of the BP Station. He informed Council of his communications with the auto service to establish a possible agreement for an easement to allow for a shit~ in the right in/right out for center alignment with the property. Joe Roviaro, Director of Transportation Planning, 29 E. Pine Street, Orlando, was hired to do an FDOT traffic access permit traffic assignment. Mr. Roviaro explained the right in/right out will work safety. He concluded that having two access points for this type of development is needed to lessen congestion from a single entrance and easier access for fuel delivery. Jonathan Ballow, Development Manager, displayed elevations of the proposed BP Station facility and indicated the air conditioner on the roof of the building will not be visible. Ray Goodgame, 2118 St. Ives Court, inquired about the type of vapor recox;ery system to be installed. Mr. Goodgame recommended all stations install a full vapor recovery system. Mr. Ballow described the types of vapor recovery systems with a stage 1 system to be installed and will incorporate the second stage with piping only. The total cost to install a stage 2 system is $32,000. Discussion ensued related to having a right in and right out access. City Manager Saunders informed Council the Resolution is written as a right-in only due to the recommendation of the Planning and Zoning Commission however; staff recommends only having an entrance on Grand Highway. Mr. Saunders stated there is a 15 foot strip of land running parallel to S.R. 50 in front of the property belongs to the City of Clermont. The proposal is for that piece to be transferred to the applicant for the 22 feet of right of way which is necessary to dedicate along Grand Highway. Without that transfer, it will be difficult to develop the site. Furthermore, Mr. Saunders indicated to the applicant in site review, a sidewalk would be required along S.R. 50 and Grand Highway. The site plan shows a sidewalk on Grand Highway but not on S.R. 50 although the language requirement is included in the document. Council Member Renick moved acceptance as presented and add the vapor recover}, System t~pe 2; Ma~or Turville passed the gavel and seconded the motion. The motion failed 2 to 3 with Council Members Mullins, Caputo and Ash opposing. Council Member Mullins moved adoption o£ Resolution 1383 as written; seconded by Council Member Ash. The motion passed 4 to 1 with Council Member Caputo opposing. Mayor Turville called for a recess at 9:33pm. The meeting reconvened at 9:46pm. Ordinance 486-M- Introduction and Transmittal Hearing City of Clermont MINUTES REGULAR COUNCIL MEETING June 22, 2004 Mayor Turville read Ordinance 486M aloud by title only. An Ordinance of the City of Clermont, Florida, adopting a Comprehensive Plan Amendment for the City of Clermont, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the comprehensive plan text 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. Planning Director Brown explained this ordinance will amend the City's Comprehensive Plan to allow commemial uses to extend beyond the 1300' limitation from Hwy. 50 in the UD-5 District. The purpose of the extension of commercial uses is to allow the permitting ora hotel at the NW comer of Hunt Trace and Citrus Tower Blvd. With the transmittal of this amendment to DCA for their review, staff will follow up with a small scale amendment for the land use classification and re-zoning at a later date. Mayor Turville opened the public hearing for comments. Council Member Caputo moved Introduction of Ordinance 486M and the transmittal; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting "ave ". Resolution No. 1380 Mayor Turville read Resolution 1380 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 the operation ofa tmek rental facility in the C-2 Commercial District. Principal Planner Henschel clarified this request is for a Conditional Use Permit to allow the continuing operation of a track rental facility at 1991 S. H.wy 27. The applicant would like to continue the existing business without any changes to the CUP and would like approval in perpetuity, to not have to return in two (2) years. The Planning and Zoning Commission did not agree to the request. City Clerk Ackroyd swore in Jim Buttram, applicant. Mr. Buttram is renting the property and commented regarding the request; Council Member Caputo moved adoption of Resolution 1380 for a three (3) year period; seconded Council Member Mullins. The motion passed with all members present voting "aye ". Resolution No. 1381 Mayor Turville read Resolution 1380 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 seven (7) dogs to be kept at a residence rather than the five (5) allowed by code. Planning Director Brown stated staff supports the request for additional dogs with the condition that the CUP will expire at such time the number of dogs is reduced to 5 through natural attrition. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING June 22, 2004 City Clerk Ackroyd swore in the applicant, Brad Pinkerton. He requested Council approve Resolution 1381. Jason Bulman, Animal Control officer, suggested changing the notice to 48 hours instead of 10 days. City Manager Saunders suggested adding language in the event staff receives complaints, we would have the opportunity to bring the CUP back to the Council. Council Member Caputo moved adoption of Resolution 1381 with the addition o£number 7 under section 1 if more than 1 complaint is received from different residents the cit~ can be empowered to revisit the Conditional Use Permit and replace 10 days notice with 48 hours notice; seconded by Council Member Ash. The motion passed with all members present voting "ape ". Resolution No. 1382 Mayor Turville read Resolution 1380 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 a business establishment to occupy more than 5,000 square feet in the C-1 Commercial District. Principal Planner Henschel commented on the request for a Conditional Use Permit to allow for a business established in the C-1 Light Commercial District to occupy a 7000 square foot building on the SE comer of SR 50 and East Avenue. Staff recommends approval. Planning Director Brown supports the right-in access only as well as the Planning and Zoning Commission. City Clerk Ackroyd swore in the applicant, Joe Hardage. The applicant suggested replacing trees with the same diameter elsewhere on the site. The City Council expressed concern with access to the property. Mayor Turville read aloud a letter received from Dale and Darryl Ladd opposing the request. Council Member Caputo moved approval of Resolution 1382 with no curb cut on Hwy. 50. The motion died for a lack ora second. Council Member Mullins moved to deny Resolution 1382; seconded bp Council 'Member Renick. The motion passed with all members present voting "aFe". Resolution No. 1384 Mayor Turville read Resolution 1380 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. 1365 to allow for a Kindergarten through 12~ grade school and a Pastor's College. Principal Planner Henschel informed Council of the request from Family Christian Center for a Conditional Use Permit to amend Resolution 1365 to allow kindergarten through 12a' grade school and a Pastor's college at 2500 S. Hwy. 27. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING June 22, 2004 City Clerk Ackroyd swore in those requesting to speak. Rick Van Wagner, 15731 Greater Trails, Pastor of Family Christian Center, requested approval. Joseph Payne, Catherine Circle, inquired how close and how many trees would be raised in the master plan. Planning Director Brown stated there will be no physical changes. Council Member Ash moved approval of Resolution 1384 as written; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Resolution No. 1385 Mayor Turville read Resolution 1380 aloud by title only. A Resolution of the City of Clermont, Florida, Department of Transportation, for the improvements to the State Road 50 and U.S. Highway 27 Interchange. Planning Director Brown noted this is a formal adoption of alternate 7 for improvements to the Hwy 50 and Hwy 27 intersection. Alex Hull, Inwood Consulting Engineer, was present to discuss the roadway improvements. The Department of Transportation is requesting support from the City of Clermont. Ray Goodgame, inquired about directional signage with the proposed improvements. Council Member Renick moved to support DOT plan alternate 7 for the Hw¥ 50/Hw¥ 27 intersection - Resolution 1385 ; seconded b¥ Council Member Mullins. The motion passed with all members present voting "age ". Utility Request -Hart Family, LLC City Manager Saunders recommended tabling this item to the second (2nd) meeting in July since no one is present. Council Member Ash mo¢ed to table to the second (2) meeting in Jul},; seconded b}, Council Member Renick. The motion passed with all members present voting " a},e ". JPA Review - WQTM-AM Clear Channel Broadcasting Planning Director Brown stated this is a request to review and comment to Lake County on a request to amend a PDF/CFD Ordinance to allow an additional tower and increase to the size of the transmitter buildings on an 80 acre site. Cecelia Bonifay represented Clear Channel Broadcasting. Mike Krzinsky, Clear Channel, stated they will be relocating one station and the building covers a small portion of the 80 acres of property. The building will be located in the middle of the property and the towers are approximately 150 feet to the property line. Council Member Renick moved to send a recommendation to Lake County for approval; seconded b}, Council Member Mullins. The motion passed with all members present voting "aye ". 8 City of Clermont MINUTES REGULAR COUNCIL MEETING June 22, 2004 JPA Review - Doug LaCrosse Planning Director Brown advised Council on the request to review and comment on a request to Lake County. This is for a Land Use Change from R-6 Residential to CP, with commemial C-2 Uses for property located on Hwy. 27 East on Hartwood Marsh Road. This property is adjacent to the City on the West and North side. Staffs recommendation is to annex the property into the city and go through rezoning as a Commercial PUD for the establishment of Neighborhood Commercial Uses. Doug LaCrosse, applicant, was present and available for questions and concurs with staffs recommendation. Mayor Turville commented he is not in favor of a self storage facility business at that location. Jerry Turner, 4322 Hammersmith Drive, Kings Ridge, prefers a business compatible with the neighborhood and requested Council disagree with the zoning request change. Council Member Renick concurs with Mr. Turner and Mayor Turville. City Manager Saunders reminded Council of the message expressed to the County Land Planning Agency on June 14, 2004. The message stated that the Clermont City Council has been consistent in recommending no land use changes until the County adopts a Land Use Map and Land Development Regulations. Council Member ~lsh moved that the County be advised that the Clermont City Council is opposed to the rezoning of this property to commercial use and that staff write a letter to that affect and our intent to have this property became part of the City; seconded bp Council Member Caputo. The motion passed with all members present voting "aye ". Mayoral Appointment Mayor Turville appointed Ms. Rhonda Knudson and Mr. ~lnthon¥ McCoy io the Parks and Recreation ~tdvisory Committee. Mayor Turville stated this is the end of the published agenda and opened the floor to the audience for comments. American Eagle Fireworks requested permission for an open air tent permit for the sale of fireworks located at 1959 S. Hwy. 27. City Manager Sannders indicated there are no issues with having a tent permit at that site. Council Member Caputo moved to instruct the City Manager to issue a pet'mit for the dates of June 25 through July 5, 2004; seconded bp Council Member ,4sh. The motion passed with all members present voting "aye ". ADJOURN: ATTEST: ~~ With no further comments, the meeting was adjourned at 11:59pm. APPROVED: ~ Mayor Hal Turville