04-27-2004 Regular Meeting City of Clermont
MINUTES
REGULAR COUNCIL MEETING
April 27, 2OO4
The Clermont City Council met in a regular meeting on Tuesday, April 27, 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 Caputo, Ash, Mullins and Renick. Other City officials present were: City Manager Saunders, City Attorney
Guthrie, and City Clerk Ackroyd.
INVOCATION
Council Member Mullins gave the invocation, followed by the recitation of the Pledge of Allegiance.
MINUTES
City Council Meeting held April 13, 2004.
Council Member Mullins moved to approve the minutes; seconded by Council Member Caputo. The
motion passed with all members present voting "ave."
REPORTS
City Manager Saunders - No Report
Attorney Guthrie - No Report
Council Member Ash -No Report
Council Member Caputo stated the Cooper Memorial Library Association has secured storage area to move items into
storage until the library has a permanent location. Also, on behalf of the association, Mr. Caputo noted the city is
welcome to use 2 or 3 statues if interested.
Council Member Mullins - No Report
Council Member Renick - No Report
Mayor Turville encouraged participation for the American Society Walk for Life event next year.
Becky Elswick, Lake County School Board, read a resolution aloud approved by the Lake County School Board.
This resolution recognizes the Martinez Plan which bases zoning changes upon the school district's ability to
provide capacity and services for potential students generated by proposed residential development.
-- GONSEN-T--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 Water Main Extension
Item - 2 Event Request
Pig on the Pond, Inc.
Request approval of the water main design, permitting
and construction of the east side potable water
distribution system
Request to use Waterfront Park for the 7th
Annual Pig on the Pond event to be held on
March I0, 11, 12, 2005
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
April 27, 2004
Item - 3 Impact Fee Study Process
Request approval of the process for selection of a
consulting firm to review the City's Impact Fees
Lisa Jensen requested item 2 be pulled from the consent agenda.
Council Member Caputo moved to approve consent agenda items 1 and 3; seconded by Council
Member Mullins. The motion passed with all members present voting "ave."
Lisa Jensen, Event Coordinator for Pig on the Pond, presented the City with a plaque and thanked staff for their
assistahee in making this year's event a success. This year the event raised $84,000 for schools and awarding more
than $54,000 in scholarships.
Council Member Caputo moved to approve consent agenda item 2; seconded by Council Member
Mullins. The motion passed with all members present voting "ave ".
UNFINISHED BUSINESS
Mayor Turville moved Resolution 1370 and the Messy Dog Variance Request to the first item to be heard under Old
Business.
City Manager Saunders requested the Council postpone final adoption of Resolution 1370 and the Messy Dog Variance
Request with the recommendation to hear the testimony tonight. The variance request is connected with the conditional
use permit to be considered concurrently.
Resolution 1370
Mayor Turville read Resolution 1370 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. 1124 to allow a'shopping center with out parcels that will
accommodate restaurants, retail, light duty auto service, oil change facility, a full service car wash and
office space.
Variance Request- Messy Dog, LLC; Toppino, LLC
Mayor Turville stated this portion of the meeting will be conducted as a Quasi Judicial Hearing.
Principal Planner Sharon Farrell briefed Council on the request for a conditional use permit to amend an original permit
for property located north and west of the intersection of Hwy 50 and Oakley Scarer Drive. The applicants are
requesting an amendment that will allow restaurants, retail uses, auto service, oil change service, car wash and offices.
The variance requests are for the landscape buffer along the west property line be sloped rather than flat and a 15 foot
wide landscape buffer along Oakley Scarer Drive rather than 20 foot. Ms. Farrell clarified minor changes to the CUP
to include date change to the site plan and no access to Hunt Trace Blvd. Also, add language that a signal at the
intersection of Hwy 50 and Oakley Scarer Drive shall be installed and operational prior to issuance of a Certificate of
Occupancy on any of the parcels. Furthermore, requested signage is reduced to 15 foot on Hwy 50 and 10 foot on
Oakley Scarer Blvd. Staff supports the uses, CUP amendments and variances.
Council Member Renick stated she spoke to developer Mark Graft and a South Lake Forest resident on two separate
occasions and gave them each the other person's phone number and removed herself from their discussions.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
April 27, 2004
Attorney Crawford representing Messy Dog LLC, the initial developer of the site, does not oppose postponement.
City Clerk Ackroyd swore in Mark Graft, 1679 Rosewood and Don Detanga, 1332 Briarhaven Lane.
Mr. Graft stated the largest concern for the homeowners was sound, security and privacy. These concerns were
addressed by constructing a 6 foot stucco wall and landscape along the north side of the wall to deflect sound coming
from the Tire Kingdom and the car wash. They also requested a 4 foot stucco wall be built from the water retention
area to the current sign to shield from the development. Then, the board is recommending a land swap. A piece of land
currently owned by the homeowners association would be given to Messy Dog LLC in place ora piece of their land on
that property.
Mr. Detanga stated that he has a drat~ of an agreement that is satisfactory to the homeowners association. Furthermore,
the association withdrew their opposition to the development.
Council Member Reniek voiced concern with how the proposed changes could buffer the noise.
Attorney Crawford explained the Tire Kingdom bays will be turned inward to insulate sound plus the landscape will
help quiet the sound.
Council Member Renick suggested including language in the CUP in case it turns out to be noisier than projected.
Jimmy Crawford requested the opportunity to convince Council at the May 25m meeting that they have done enough to
muffle the noise. If any of the CUP conditions are violated, Council can bring the applicant back. With the noise
conditions in the CUP, it does protect the neighbors and the city.
Bob Blais 350 North Sinclair Avenue, Tavares representing Toppino LLC described the proposed car wash and stated
mufflers were added to the vacuum system and dryers will be placed on the opposite end to address the noise concerns.
Council Member Caputo requested an engineering report to determine whether the noise will be at an acceptable level.
Council Member Mullins moved to continue the public hearing to May 25tn_for Resolution 1370;
seconded by Council Member Renick. The motion passed with all members present voting "ave ".
Council Member Caputo moved to continue the variance request to May 25tn meeting; seconded bp
Council Member Mullins. The motion passed with all members present voting "ave."
Resolution 1373
Mayor Turville read Resolution 1373 aloud by title only.
A Resolution of the City of Clermont, Lake County, Florida, establishing fines for violations of
watering restrictions, repealing all other resolutions relating to fines for violations of watering
restrictions; and providing for an effective date.
Mayor Turville opened the public hearing.
Council Member Mullins moved adoption of Resolution 1373; seconded by Council Member Renick.
The motion passed with all members present voting "aye."
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
April 27, 2004
Ordinance No. 339-C- Final Reading
Mayor Turville read Ordinance 339-C aloud by title only.
An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the
code of ordinances, Chapter 114 Utilities, Section 114-8 Solid Waste collection service; providing for
severability; providing for an effective date, and providing for publication.
Mayor Turville opened the public hearing.
Council Member Caputo moved approval of Ordinance 339-C; seconded by Council Member
Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting "aye."
Ordinance No. 340-C- Final Reading
Mayor Turville read Ordinance 340-C aloud by title only.
An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the
code of ordinances, Chapter 122 Zoning, Article V, Section 122-343 fences and walls; providing for
severability; providing for an effective date, and providing for publication.
Mayor Turville opened the public hearing.
Council Member Caputo moved approval of Ordinance 340-C; seconded by Council Member
Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting "aye."
Ordinance 474-M- Final Hearing
Mayor Turville read Ordinance 474-M aloud by title only.
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.
Mayor Turville opened the public hearing.
Principal Planner Sharon Farrell stated this ordinance is to rezone 17 acres from UE to R-3 to allow for Medical
---P-rofessional. Offices.-.-They_w. iil .ha, e.to. return_for_a_conditional .use..p. ermit ................................................
Mayor Turville and Council Member Renick voiced concerned with the possibility of rezoning to R-3 if the proposed
Medical Professional Offices are not built. Mrs. Renick suggested approving a developer's agreement along with this
piece of property.
Council Member Renick moved to table to May 25th meeting to allow time for staff to meet with the
applicant to bring back a Developer's Agreement; seconded by Council Member Mullins. The motion
passed with all members present voting "aVe."
in the Monica 16418 Lakeshore Drive, Minneola. Ms. Grasty stated the
City
Clerk
Ackroyd
swore
applicant
Grasty,
developer would be in agreement with a developer's agreement. 4
Ordinance 477-M- Final Hearing
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
April 27, 2004
Mayor Turville read Ordinance 477-M aloud by title only.
An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing and
permanently abandoning portions of the platted and deeded rights-of-way depicted on the plat of Lake
Highlands Company recorded in plat book 2, page 28, public records of Lake County, Florida; and as
referenced in deed book 74, page 328 and deed book 78, page 388 of the public records of Lake
County to the extent the rights-of-way are within the property described as South Ridge Subdivision;
repealing all ordinances in conflict herewith, providing for severability, providing for publication and
providing for an effective date.
Mayor Turville opened the public hearing.
Council Member Caputo moved to approve Ordinance 477-M; seconded by Council Member Mullins.
The motion passed 5 to 0 on a roll call vote with all members present voting "ave."
Ordinance No. 482-M- Final Hearing
Mayor Turville read Ordinance 482-M aloud by title only.
An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, adopted
pursuant to Section 125.01(1)(q), Florida Statutes (1999), consenting to the inclusion of the City of
Clermont, Florida, within the County-wide Municipal Service Taxing Unit for the provision of
ambulance and emergency medical services, as adopted by the Board of County Commissioners of
Lake County, Florida; providing for the City to be included within said M.S.T.U. for a specified term
of years; providing for severability, providing for an effective date and providing for publication.
Mayor Turville opened the public hearing.
Council Member Mullins moved adoption of Ordinance 482-M; seconded by Council Member Renick
The motion passed 5 to 0 on a roll call vote with all members present voting "aye."
Ordinance No 480- M- Final Hearing
Mayor Turville read Ordinance 480-M aloud by title only.
AnOrdinanee..of-the-City-of-ClermontrF. lorida,- adoptinga small.scale comprehensive-plan amendment .....
for the City of Clermont, pursuant to the local government comprehensive planning act, Chapter 163,
Part II, Florida Statutes; setting for the authority for adoption of the small scale comprehensive plan
amendment; setting forth the purpose and intent of the small scale comprehensive plan amendment;
providing for the adoption of the small scale comprehensive plan amendment; establishing the legal
status of the small scale comprehensive plan amendment; providing a severability clause; and
providing an effective date.
Mayor Turville opened the public hearing.
Council Member Caputo moved approval qf Ordinance 480-M; seconded by Council Member
Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting "aye."
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
April 27, 2004
Ordinance No. 481-M- Final Hearing
Mayor Turville read Ordinance 481-M aloud by title only.
An Ordinance of the City of Clermont, Florida, adopting a small scale comprehensive plan amendment
for the City of Clermont, pursuant to the local government comprehensive planning act, Chapter 163,
Part II, Florida Statutes; setting for the authority for adoption of the small scale comprehensive plan
amendment; setting forth the purpose and intent of the small scale comprehensive plan amendment;
providing for the adoption of the small scale comprehensive plan amendment; establishing the legal
status of the small scale comprehensive plan amendment; providing a severability clause; and
providing an effective date.
Mayor Turville opened the public hearing.
Council Member Mullins moved adoption of Ordinance 481-M; seconded by Council Member Renick.
The motion passed 5 to 0 on a roll call vote with all members present voting "aye."
NEW BUSINESS
Resolution No. 1376
Mayor Turville read Resolution 1376 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 a professional office in the R-3 Residential/Professional Zoning District.
Mayor Turville opened the public hearing.
City Clerk Ackroyd swore in applicant Vivian Pozo 4414 Downpoint Lane, Windermere, FL and Arthur Nix with
Montverde Engineering. Ms. Pozo explained this will be an improvement to the comer and requested a Iow monument
type sign or a wrought iron sign limited in size in lieu of the sign on the building.
City Manager Saunders stated the code allows for minor ground signs for professional office. He further recommends
the sign be placed on Broome Street versus Tenth Street and the sign would have to meet set back requirements.
Council Member Renick moved to approve Resolution 13 76 as amended by substitutin£ lanffua£e for
section 2 bp allowing a monument sign no larger than 4fl. high and 12 sq. _ft. limited to Broome
Street #ontage~'-seconded-b¥.C-ouncil-Member. Mutlins:--The..motion passed-with.all-members present- ................
voting "aye."
Variance Request- William MonatlVJoe Pozo
A request to allow a 6.2' wide landscape buffer along the east property line and allow a 5.3' wide landscape buffer
along the southerly right of way for professional office.
Mayor Turville opened the public hearing.
Council Member Renick moved to grant the two landscape variances; seconded by Council Member
Ash. The motion passed with all members present voting "ave."
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
April 27, 2004
Mayor Turville called for a recess at 9:02pm; the meeting reconvened at 9:14pm.
Resolution No. 1374
Mayor Turville read Resolution 1374 aloud by title only.
A Resolution of the City of Council of the City of Clermont, Lake County, Florida, granting a
conditional use permit to allow for the operation of a music studio.
Principal Planner Curt Henschel explained the applicant failed to execute the Conditional Use Permit within the
allotted time. There have been no changes to the request or site plan.
City Clerk Ackroyd swore in Rick McCoy, 713 Montrose Street. Mr. McCoy misunderstood when the CUP
needed to be returned.
Council Member Renick moved adoption of Resolution 1374; seconded by Council Member
Mullins. The motion passed with all members present voting "ave."
Resolution No. 13 75
Mayor Turville stated that Resolution 1375 is connected to the variance requested and will be considered
simultaneously.
Mayor Turviile read Resolution 1375 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 shopping center.
Principal Planner Henschel described the location of the proposed shopping center to be located at the SW comer of the
intersection on Hwy 27 and Hartwood Marsh Road. The variance request is to allow specific parking spaces along the
east property boundary to be 18' rather than 20'.
City Clerk Ackroyd swore in Michael Crisante, 1216 W. Washington Street, Orlando.
Mr. Crisante addressed the reason for the parking space request is so that it will be adjacent to the parking spaces along
the north side of Walgreens for a perfect alignment to the roadway. The 20 foot spaces require them to realign the cross
access easement between Walgreens and their property. The consensus ofstaffand the engineers is to leave the road
-- alone-and-have-the-l-8-foot-parking-spaees-along-H-wy-2-7-which~will connect-to-the.-W, algreens.property.w, ould.be, best ................
Staffrequested extending the buffer wall to connect to the Walgreens wall however Walgreens has denied permission
to go onto their property to extend the wall.
City Manager Saunders suggested adjusting the condition.
Mayor Turville suggested adding the language "substantially conform" to Resolution 1375 in section 1,
number 3.
Council Member Renick moved to adopt Resolution 13 75 as amended; seconded by Council Member
,~sh. The motion passed with all members present voting "aYe."
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
April 27., 2004
City Manager Saunders clarified the Council should consider changing section 2, number 2 of Resolution
1375. In regards to the wall to state the wall will continue along the west boundary of the parcel and connect
to the existing wall on parcel one if an agreement can be made with the adjoining property owner.
Council Member Renick moved to amend her motion to include the noted change in section 2, number
2 of Resolution 1375; seconded by Council Member ,4sh.
Variance Request- 1957 Holdings Inc./Crisante/Mclteon
Mayor Turville opened the public hearing.
Council Member Caputo moved approval o_f the variance as requested; seconded by Council Member
Mullins. The motion passed with all members present voting "ave."
I~est Plant Evaluation
City Manager Saunders advised Council that staffand Boyle Engineering recommended abandoning the west plant and
transporting the effluent to the east plant. The deciding factors in selecting this alternative is the cost of maintaining the
west plant compared to operating one plant and the availability of reuse disposal areas. The process would be to
negotiate an agreement with Boyle Engineering for design services and return to Council for approval.
Council Member Caputo questioned the time frame. City Engineer Richardson explained it would be a minimum of
two years.
Council Member Ash moved approval of the wastewater plant presented by sta~ seconded by
Council Member Caputo. The motion passed 4 to 1 with Mayor Turville opposing.
Mayor Turville stated this is the end of the published agenda.
ADJOURN: With no further comments, the meeting was adjourned at 9:5 lpm.
ATT T: ":
~ra'cy Ackr0Yc~,'City Clerk
RESOLUTION
WHEREAS, the School Board or Lake County, Florida, recognizes the need to provide quality facilities in which to provide educational services
to the students in Lake County, and
WHEREAS, the Lake County School District experienced a 7% growth rate from the previous year, and
WHEREAS, 70% of the Lake County schools are over permanent capacity, and the remaining 30% of schools are at or near permanent capacity
with the most permanent capacity available at any one school being only 21 °A as of January 21,2004, and
WHEREAS, overall the district is 14% over the total amount of permanent capacity available as of January 21,2004, and
WHEREAS, the most severe overcrowded conditions of Lake County Schools exist in the South Lake County area schools and several schools in
the Eustis, Tavares, and Mount Dora areas, and
WHEREAS, there are insufficient funds to provide for all of the capital projects that are necessary for provision of equitable services for the
current students in Lake County, and
WHEREAS, the facility demands required to accommodate new students due to growth in Lake County are enormous, and
WHEREAS, the Martinez Plan, named for former Orange County Chairman Mci Martinez, is a policy of County Government basing
recommendations for zoning changes upon the school district's ability to provide capacity and services for potential students generated by
proposed residential development, and
WHEREAS, Community Development Districts (CDD's) are utilized by several school districts to establish a funding mechanism to pay for the
school infrastructure that is necessary to provide educational services to students generated from specific development areas, and
WHEREAS, the Lake County School Board recognizes that it is necessary to retain controls over the attendance zones of the schools within
Community Development Districts, and
WHEREAS, the School Board of Lake County recognizes that the current school impact fee is not sufficient to pay the full cost of infrastructure
required to provide educational services for students generated by new growth, and
WHEREAS, the School Board agreed to accept the Educational Assistance Fee proposed by the City of Groveland as an interim "gap" funding
mechanism to help cover the actual cost of infrastructure that is a result of growth, and
WHEREAS, the School Board of Lake County has discussed many alternative methods in which to deal with growth and the impacts it has on
Lake County Schools, and
WHEREAS, the School Board members have each agreed to discuss school growth issues and potential solutions with elected city and county
officials from within each respective board member's district,
NOW, THEREFORE, BE IT RESOLVED that the School Board of Lake County, Florida, voted in a special board meeting on February 16,
2004, to support the Martinez Plan as a means to collaborate with the local governmental agencies to ensure that school capacity is available to
provide services for new students generated from new growth, to continue to investigate the feasibility of Community Development Districts, to
explore the effectiveness of school concurrency, to re-evaluate the school impact fee, and to pursue any and all other possible alternatives to
provide appropriate funding for school facilities in which to provide educational services for students resulting from new growth.
The School Board Members of Lake County, Florida have hereunto subscribed their names and have caused the Official Seal of the Lake County
School Board to be hereunto affixed on this 8a day of March 2004. A copy of this is hereby placed in the archive records of this
board.
Dennis Reid, Board Member
(7);nner' B°a~ Me~;r ~
Becky Elswick, Board Member
I hereby certify that the foregoing is the true and correct Resolution of March 8,
2004, of the Lake County School Board, as passed and adopted in Regular
~, ~s Middle School in Eustis, Florida:
~ice Gchring, Clel,~ to the Board ~/t