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08-26-2003 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2003 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, August 26, 2003 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members Ash, Caputo, Mullins and Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown and Deputy City Clerk Warren. INVOCATION Council Member Mullins gave the invocation, followed by the recitation of the Pledge of Allegiance. MINUTES Mayor Turville advised the following minutes were being considered for approval: Minutes of Regular Council Meetings held August 12, 2003, July 22, 2003 and Minutes of the June 10, 2003 Workshop Council Member Renick advised she was not at the June 10, 2003 workshop and requested that the minutes be amended to reflect her absence. A motion was made by Council Member Caputo, seconded bp Council Member Mullins, and carried unanimously to approve the minutes, as amended, o_f the Regular Council Meetings, held August 12, 2003, JulF 22, 2003 and Workshop Minutes qf June 10, 2003. REPORTS City Manager Saunders - City Manager Saunders advised the delay in moving into the new City Hall was partially due to minor construction issues that needed to be addressed. Mr. Saunders also advised he wanted to ensure that the new telephone, computer and security systems are properly working and that staff has received the appropriate training. Mr. Saunders pointed out that City Hall will be closed on September 5 and will reopen at the new location on September 8, 2003. City Attomey Guthrie - None Council Member Ash - Council Member Ash advised she had attended the West Orange-South Lake Transportation Task Force Meeting on August 15, 2003. Attached is a report submitted by Ms. Ash detailing items of interest that directly impact the City of Clermont. Council Member Caputo - Council Member Caputo, referring to Bishop Field, advised that he has been in contact with Public Works Director Preston Davis to assess the condition and needed improvements for Bishop Field. Mr. Caputo pointed out Mr. Matthew Modica has provided landscaping material, which will be planted as soon as the irrigation system is provided. City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2003 Page 2 Mr. Caputo requested that a workshop be scheduled to address the concerns of Bishop Field. Mr. Saunders stated he would like to schedule the workshop after he has met with Mr. Davis to review the assessment of Bishop Field. Mr. Caputo also advised Council that he and City Manager Saunders had met with representatives of Disney World who have expressed an interest in using Clermont's recreational facility on a more permanent basis. Additional meetings are scheduled for after Labor Day to further explore this matter. Council Member Renick - None Council Member Mullins - Council Member Mullins advised that the IDA Board was going to recommend to Lake County that they help with job training for the new truss plant that is being built at the south end of the County. Mr. Mullins mentioned that there will be approximately 80 new jobs and hopefully some of those will go to Clermont residents. Mayor Turville - None At this time, Mayor Turville introduced Mayor Vanderley of Oakland, who on behalf of Representative Johnson provided Council with a brief report on the expansion on Highway 50. Mayor VanderLey pointed out this is a much needed improvement to the South Lake area, which will improve the quality of transportation for commuters in South Lake County. Mayor VanderLey pointed out the expansion is going to have a major impact on the lives of the people in the community and suggested that business owners in the area stay in touch with the Task Force in order to be aware of ingress and egress issues. Mayor Turville asked Mayor VanderLey if he had an idea of when construction would start. Mayor VanderLey stated he thought construction would start within the next 2 years. 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. CONSENT AGENDA Item - 1 Final Plat Approval Summit Greens, Phase 2D Item - 2 Final Plat Approval Magnolia Park, Phase II Item - 3 Hartman & Associates, Inc. To perform professional services related to City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2003 Page 3 City's Consumptive Use Permit Item - 4 Corporate Building Management, Inc. Amend existing Cleaning Service Agreement for City Facilities Item - 5 Farner Barley & Assoc. For design and construction of a reclaimed water line and Lennar Development Item -6 Lost Lake Reserve Recreation Impact Fee Agreement A motion was made by Council Member Caputo, seconded bY Council Member Mullins to approve the Consent Agenda in its entirety, and carried unanitnously for approval. UNFINISHED BUSINESS Ordinance 473-M Mayor Turville read Ordinance 473-M by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing and permanently abandoning that portion of the north fifteen (15) feet of the right-of-way which lies adjacent to the immediately south of Tract 11, Lake Highland Company, in Section 20, Township 22 south, Range 26 east, Lake County Florida; repealing all ordinances in conflict herewith, providing for severability, providing for publication and providing for an effective date. Planning Director Brown advised a Conditional Use Permit was previously approved for the multi-family use and the applicant is requesting the City to vacate the right-of-way in order to allow them to proceed with development of the Fountains Apartments. Mayor Turville opened the meeting to the public for any comments. There being no public response, Mayor Turville, closed the public discussion portion of the meeting. Council Member Renick asked if the applicant would have to apply for reconsideration since the original Conditional Use Permit has expired. City Manager Saunders pointed out the construction has started on a portion of the property thus eliminating the need for the applicant to reapply. Mayor Turville asked if staff currently has construction plans for the project. City Manager Saunders advised the City does have construction plans which will go through the Site Review process. A motion was ~nade by Council Member Caputo, seconded bl~ Council Member Mullins and carried unanimously to approve Ordinance 473-M. Joint Planning Agreement City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2003 Page 4 City Manager Saunders advised that attached to the agreement are two maps. One map includes the area west of CR 561 that contains an Area of Critical Concern and the second map eliminates this area. Staff recommends that the City Council proceed with the adoption of the JPA at this meeting. The Lake County Planning and Zoning Board is scheduled to consider the adoption of the JPA at the September 3a meeting. The Board of Commissioners will address the agreement at their second meeting in September. Mr. Saunders pointed out approval of the JPA will provide the City with a vehicle to move forward with some common Land Development Regulations and most importantly the development of a future Land Use Map for the area. Mr. Saunders pointed out there is the remaining issue of whether or not to include the Green Swamp area in the JPA. Mayor Turville opened the meeting to the public for discussion. Mrs. Peggy Cox advised that many of the residents in her neighborhood wanted the Area of Critical State of Concern removed from the JPA due to the fact the area is currently under very strict County guidelines on the County's Land Use Map. Mrs. Cox mentioned that Lake County Deputy Manager Greg Welstead, in a workshop, had suggested that Clermont could send a message by eliminating the Green Swamp area from the JPA. Mrs. Cox requested Council, when considering the inclusion or exclusion of the JPA, do so by the entire legal boundaries of the area. Mrs. Nancy Fullerton, 368 Montrose Street, suggested that perhaps the life of the JPA should be limited to less than five years. Mrs. Fullerton emphasized that it is important to provide protection for the immediate future in order to better serve the future needs and development of the community. Mrs. Fullerton pointed out that the City of Groveland has a very aggressive annexation agenda and their current proposed annexation area would conflict with the boundaries of Clermont's proposed YPA. Mayor Turville asked Mrs. Fullerton if she was more comfortable with the Green Swamp area being included in the JPA. Mrs. Fullerton advised she would like to see the Green Swamp area included in the JPA. Mrs. Crystal Seidel, President of the Lake Avalon Home Owners Association, Winter Garden, stated she was in favor of the JPA. Mayor Turville invited Commissioner Pool to participate in the discussion. Commissioner Pool stated he felt the JPA is a worthwhile project that will provide for a better community. Commissioner Pool stated he did not feel this was the time for him to voice his opinion, nor had he made a final decision on the proposal. Commissioner Pool advised he would make his views known at the next public hearing for the County Commissioners in September. City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2003 Page 5 Council Member Renick stated she was concerned that the current language could be interpreted by a Land Use Attorney as an endorsement for growth. Mrs. Renick suggested the elimination of the Green Swamp area from the JPA would protect it by excluding it as an area of possible urban growth. Council Member Mullins stated Council should be respectful of the landowners in the County that do not wanted to be included in the JPA. Many residents feel they are better suited to control their future development and have stated their desire not to be included. Mr. Mullins stated he would like to leave the door open for property owners who in the future may wish to be reconsidered as part of the JPA. Ms. Ash stated she is very hesitant to leave the Green Swamp area out of the JPA. Ms. Ash further stated her concern for the likely expansion and growth of the City of Groveland. Ms. Ash pointed out if the City of Clermont were to omit the Green Swamp area from the JPA there is no guarantee that other Cities would feel bound to follow our example, thus allowing for possible development within the Green Swamp area, which would greatly impact the City of Clermont. Ms. Ash emphasized in her opinion, Clermont has the most to lose if development is not controlled. Ms. Ash asked City Manager Saunders if the Green Swamp area were not included in the JPA, would the City of Clermont have any control if Groveland decided to pursue annexation of this area. Mr. Saunders advised Council could enter into the public discussion and take a position on the proposal but could not stop an annexation. Mayor Turville asked City Attorney Guthrie if the Green Swamp area were not included in the JPA would the City have advantage or ability to influence a proposed annexation. City Attorney Guthrie stated he felt the City would have more leverage to deal with a possible controversial annexation if the property were included in the JPA. Council Member Ash stated while the City of Clermont may adhere to the State's requests and guidelines regarding annexation, she is not comfortable that the State would intercede if an inappropriate annexation were pursued. Ms. Ash pointed out it will only take one entity to negatively impact the Green Swamp area. Ms. Ash suggested that the language in reference to the Green Swamp area should be more explicit to ensure that the Green Swamp area stay protected indefinitely. Council Member Caputo pointed out that the proposed agreement does allow for the renegotiations at any time within the proposed 5 year life of the agreement. Council Member Caputo stated he was opposed to eliminating the Green Swamp from the JPA. Mayor Turville emphasized if the Green Swamp is not included it is unlikely that Clermont will have any input into the future development of this area. Council Member Renick asked if the area would be automatically eliminated from our service area if Council chose not to include it in the JPA. City Manager Saunders advised it would not. City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2003 Page 6 Ms. Cathy Brown, 1647 Anderson Street, urged the Council to add the appropriate language to protect the water resources of Clermont. Mrs. Peggy Cox pointed out that the Green Swamp is a natural resource and one of the few remaining wildernesses of the State of Florida that should be protected. Mayor Turville stated it is his desire that the current Land Use Map not be changed until a new Land Use Map is adopted for the entire JPA. City Manager Saunders pointed out that the IPA is only the first step leading up to the adoption of a future Land Use Map for the area. Council Me~nber Renick ~nade a motion, seconded by Council Member Caputo to adopt the amended JPA, which wouM delete lines, 22, 23, and 24 of Page 2. Discussion of the motion. Council Member Mullins suggested that the language be amended (line 23) to include "that logical urban expansion and areas of environmental sensitive areas that should be preserved". Council Member stated he would withdraw his second of the motion in order to reconsider the amended motion. A motion was made by Council Member Renick, seconded by Council Member Caputo to amend the JPA, line 23 to include "except for designated Area qf Critical Concern", seconded bi Council Member Caputo. Council Member Ash asked which map was being adopted as part of the JPA. City Manager Saunders advised the map including the Green Swamp in the JPA is the map being considered for adoption. The ~notion was approved bp a unanimous vote. Ordinance 326-C Mayor Turville read the Ordinance by title only. An ordinance of the City Council of the City of Clermont pursuant to chapter 180, Florida statutes (2000), reestablishing the Clermont Utilities Service District; expanding the boundaries of the District; authorizing the extension of municipal utilities within the district; requiring all persons or Corporations living or doing business within the district to connect to the city water and wastewater system when available; repealing all ordinances in conflict herewith; providing for severability; and providing an effective date. City Manager Saunders advised this Ordinance would amend the City's Chapter 180 service area by deleting a small area south of the current City limits and east of US 27. City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2003 Page 7 Mayor Turville opened the meeting to public for discussion. A motion was made bp Council Me~nber Mullins, seconded by Council Member Ash and carried by a unanimous vote for approval of Ordinance No 326-C. New Business Settlement Agreement - Lake Utilities Services Inc. City Manager Saunders advised that Lake Utilities Services Inc., a private utility company has applied to the Public Service Commission for a utility franchise that would include a majority of the area south of the existing Clermont City limits and overlaps the City's adopted service area in the Hartwood Marsh Road area. This agreement will establish service boundaries for the City of Clermont and Lake Utilities Services, Inc. Once the agreement has been executed, Lake Utilities Services Inc. agrees to amend their application to exclude this area from their application for a utility franchise. The previous item on the agenda, Ordinance 326-C, relates to this agreement which provides for the City to eliminate a small portion along the east side of US 27, south of the proposed service areas depicted on the maps attached to the settlement agreement. City Attorney Guthrie advised that the area on exhibit "C", "Shell Pond-Groveland" should be changed to the "Ames-Hartwood Area". A motion was made by Council Metnber Caputo, seconded by Council Member Mullins and carried by an unanimous vote to approve the Lake Utilities Service Inc. Agreement as revised. Resolution No. 1342 Anthony Bertalan Mayor Turville read the motion 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 of a cafe' and coffee shop in the Central Business District. Planning Director Brown advised the owner is Jack Gaddy and the applicant is Anthony M. Bertalan. The applicant is requesting a Conditional Use Permit for the operation of a caf6 and coffee shop in the Central Business District, located on 737 West Montrose Street. At this time, there is not a need for additional parking. The applicant is aware if additional parking is needed in the future, they will be required to convert space in the rear of the building to a parking area. This is an appropriate use for this location and staff recommends approval of this request. Mayor Turville advised this portion of the hearing will be conducted in the Quasi Judicial manner and anyone wishing to speak for or against this item should come forward and be sworn in at this time. Deputy city Clerk Warren swore in Anthony Bertalan and Dianne Bertalan, 15751 Switch Cane Street. Mr. Bertalan advised his plans are to have a small restaurant that will serve coffee, pastries, sandwiches and salads. City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2003 Page 8 Mrs. Bertalan stated she was excited to be part of downtown and looked forward to opening the caf6. Mayor Turville closed the public portion of the hearing. ~1 motion was made by Council Metnber Caputo, seconded by Council Member Mullins and carried by a unanimous vote to approve Resolution No. 1342. Planning Director Brown advised if in the future the applicant decides to cook on the premises they will be required to obtain the appropriate permits from the Health Department. Mr. Brown recommended adding an additional condition to the Conditional Use Permit to address those issues. Council Member Caputo advised he would a~nend his motion to inchtde Condition 10, to obtain the appropriate permits as required bP City Code and the Health Department for the operation of a restaurant. Motion was approved bY unanimous vote. Resolution No. 1343 Alex Butchkosky A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow the expansion of an existing restaurant by constructing a Chickee Hut. Planning Director Brown advised the applicant is requesting a Conditional Use Permit for the expansion of the Comer Seafood Restaurant, located at the intersection of Montrose Street and 8th Street. The applicant has installed a chickee hut in what was a portion of the parking lot without any zoning approvals. Neither a Conditional Use Permit nor Zoning Clearance were obtained prior to the construction of the Chickee Hut. Staff feels that the outdoor restaurant seating is appropriate for downtown but feels the chickee hut does not conform with the design of the downtown district. Staff recommends approval of the expansion of the restaurant as specified in Section 1 and 2 of the proposed Conditional Use Permit. Mayor Turville advised this portio'n of the hearing will be conducted in the Quasi Judicial manner and anyone wishing to speak for or against this item should come forward and be sworn in at this time. Mr. Jimmy Crawford, as legal representative for the applicant was present and advised that Mr. Butchkosky has constructed several chickee huts in south Florida and the Florida Keys without obtaining any permits. Mr. Butchkosky was not aware that he was required to obtain a permit prior to construction. The construction of the chickee hut was not an intentional disregard for the City of Clermont codes but rather an attempt to enhance the atmosphere of the restaurant and encourge patrons to come to the downtown area. Alex Butchkosky, Jason Bingham, Tanya Bingham, Charlie Graves, Thomas Callalonga, City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2003 Page 9 Ms. McCollough, Jim Medeza, Anne Orbriant were sworn in by deputy City Clerk Warren. Mr. Butchkosky advised Council it was never his intention to bypass the rules and regulations of the City. Mr. Butchkosky stated that due to a recent change in legislation, smoking is no longer permitted in restaurants and the chickee hut provided a place for patrons wishing to smoke. Mr. Butchkosky stated he is willing to comply with the conditions as outlined in the Conditional Use Permit. Mr. Jason Bingham, 1601 Johns Lake Road, grandson to Mr. Butchkosky pointed out that the construction of a chickee hut, in light of the historical reference to Indians in the Clermont and Lake County area is in keeping with the historical preservation of the downtown area. Mrs. Tanya Bingham, 1601 Johns Lake Road, stated that she and her husband are very happy to be associated with Downtown District and was very hopeful that Council will allow the restaurant with the Chickee Hut to remain so that the restaurant can flourish. Mr. Charlie Gray, 840 Grand Highway, spoke in support of the Comer Grill and credited that the chickee hut was contributing to increased patronage of the downtown merchants. Ms. McCollough stated having a restaurant on the west side of US 27 is an asset to the downtown district and will help other businesses to survive downtown. Mr. Thomas Callalonga, 207 Center Street, Manager of Sutton Gallery spoke in support of the Comer Grill and stated that he has seen an increase in his business. Mr. Jim Medeza 805 Lake Avenue, stated he has been a patron of the restaurant for over 10 years and was very happy with the current owners and their plan for expansion. Ms. Anne Orbriant, 2002 Lakeshore Drive, stated she was very happy with the restaurant and felt it will contribute to the growth in the downtown area. Mr. Jimmy Crawford pointed out one of the conditions that the applicant would like addressed is to change the existing fence to a lower fence that could be constructed in order to allow the deck and outside portion of the restaurant to become integrated into the downtown community. Council Member Mullins asked Mr. Butchkosky how as he able to obtain the appropriate permits fi.om the Department of Business Regulation, Division of Alcoholic Beverages, to allow for the expansion of consumption on the premises without a Zoning Clearance. Mr. Butchkosky advised he had submitted a drawing of the expansion and the required fees and the permit was then issued to him. Council Member Caputo suggested the proposed fence should be made out of the same material as the chickee hut. Council Member Caputo asked City Attorney Guthrie if a time restriction could be attached to the use and asked what were the restrictions and requirements for an outdoor restaurant. © City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2003 Page 10 City Attorney Guthrie advise the Council could attach a time restriction to the proposed CUP and also advised that the Health Department would oversee the requirements for food service and preparations. Mayor Turville stated he had concerns for parking and asked if there would be live music played outside on a routine basis. Mr. Butchkosky advised there would be live music, Friday, Saturday and Sunday evening. Council Member Caputo stated there could also be a condition to address the possible noise issue. Council Member Renick pointed out the City does have a noise ordinance. Council Member Mullins asked what were the plans for electricity and plumbing in the future. Mr. Crawford advised the applicant was not asking for those improvements at this time. Council Member Ash asked Planning Director Brown to summarized the proposed changes to the Conditional Use Permit. Planning Director Brown provided the following: Condition #.9 - If there are complaints regarding noise (music), the City reserves the right to revisit the request. Conditional # 10 - The Conditional Use Permit shall be reviewed by City Council in 3 years or in the event, there is a change in ownership from the current owner, other than the applicant's immediately family members. A motion was made by Council Member Caputo, seconded by Council Me~nber Ash to approve Resolution # 1343 as amended. Discussion of the motion. City Manager Saunders pointed out that Florida Power has power running along the south boundary of the property and therefore suggested that a utility easement be provided along the southern portion of the property. Mr. Crawford advised Mr. Butchkosky was aware of the issue and would not be opposed to the easement. Mrs. Renick read into the record a letter from Mr. Ken Patiry stating his concern with the runoff of stormwater associated with the site. City Manager Saunders advised the runoff issue can be addressed at the time of site review. City Council Member Mullins asked if the applicant was going to be assessed with any fines as a result of his failure to obtain a permit prior to construction. © © City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2003 Page 11 City Manager Saunders advised any permits that are applied for after the fact will have a penalty associated with them. The motion was amended to include that a utility easement be provided along the southern boundary of the property. The motion was carried by an unanimous vote for approval of Resolution 1343 as amended. Resolution 1340 Michael Crisante A Resolution of the City Council of the City of Clermont, Lake County, Florida granting a Conditional Use Permit to allow the construction of an automotive repair shop with retail. Planning Director Brown advised the next two items on the Agenda pertain to the same application and he would address both during his presentation. The applicant is requesting a Conditional Use Permit for the construction and operation of an automotive repair shop and retail store on the SW comer of Hartwood Marsh Road and US 27, south of the existing Walgreen's. Mr. Brown advised at the time of annexation a Developers Agreement was created to include a 6' buffer wall along the western side of the properties in order to protect the residential subdivision to the west. Mr. Brown pointed out that Section 2, item 2, of the proposed Conditional Use Permit requires that a wall be constructed to extend easterly along the southern boundary to the retail building and that there will be a 10' landscape buffer along the outside perimeter of the wall. Mr. Brown advised staff recommends approval of this request. The Planning and Zoning Commission heard this request on August 5, 2003 and voted 3/3 on a motion to approve the request. Variance Request Michael Crisante Planning Director Brown advised that the applicant is requesting a variance to our parking requirements in association w/th the request for a Conditional Use Permit to construct and operate an automotive repair shop at the SW comer of US 27 and Hartwood Marsh Road. One variance is to construct 17 parking spaces with a length of 18' rather than 20' as required by code. The 18' spaces would match the spaces in the Walgreen's parking area. The second variance is providing 59 spaces rather than the 71 required, the applicant is requesting to allow the 12 bays as parking spaces, thus meeting the 71 required. Staff recommends approval of both variance requests. Mayor Turville advised this portion of the hearing will be conducted in the Quasi Judicial manner and anyone wishing to speak for or against this item should come forward and be sworn in at this time. Mr. Tom Skelton, American Civil Engineering, representing the applicant Mr. Crisante, stated he was aware of the concerns of the residential property owners regarding the proposed construction but assured them that the applicant was willing to accept the conditions outlined in the Conditonal Use Permit. ® © City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2003 Page 12 Mr. Skelton also advised that he did not anticipate any overnight parking nor would there be auto sales at the location. Mayor Turville stated that the City had received numerous letters in opposition to the request. Mayor Turville advised he was not going to read all the letters individually, but they would become part of the permanent record. Mr. Bates, 1041 US 27, owner of Torch Light Mobile Home Park, stated he was opposed to the business, stating the building would cause additional runoff in the area which is already experiencing problems with runoff at this time. Ms. Jacqueline Forbes, 17732 Deer Island Circle, Winter Garden, stated she owns a lot that is directly behind the proposed auto shop and felt that an auto repair shop was an inappropriate use directly in front of a residential area. Ms. Forbes stated she felt the noise and pollution would be a negative impact on the residential area. Mr. Greg Rhodes, president of the Vista Home Owners Association, advised he has submitted a petition signed by over a hundred of the home owners who are opposed to the project. Mr. Rhodes stated the owners collectively felt that an auto repair shop would have a negative impact on their property values. Mr. Alan Belville, 10936 Vista Circle, stated he was concerned that if the business were to fail there would be a huge negative impact on the surrounding residential area. Mr. Belville advised that the water retention area is a shared area with the homeowners and stated he is very concerned that the area will be impacted by commercial run off that has a large incident of contaminants such as oil. Ms. Providence Lamonte, 3724 Eversholt Street, stated she was opposed to the business. Mrs. Lamonte stated she was concerned about the overnight parking and vehicles exposed in various stages of repair. Mr. Lamonte stated she was also very concerned that the business, if allowed, would spill over beyond the site. Mr. John Garzia, 308 Cinammon Bark Lane, Orlando, stated as an owner of a commercial business across from the proposed site he was opposed to the business. Mr. Garzia stated he did not agree with staff's recommendation to the parking variance. Mr. Garzia stated if the City wanted to continue with quality development they need to follow the guidelines set by City codes. Ms. Frankie Register, Manager of Vacation Village, stated the majority of the homeowners are opposed to the proposed business. Ms. Register stated many of the homeowners stated they were very concerned about the noise and pollution that would come from the site. Mr. Skelton stated the shared retention area was permitted by St. Johns Water Management District and was designed to be used for both the commercial and residential runoff. Mr. Skelton pointed out if an automotive shop is not approved the site is still zoned for commercial use. Mr. Skelton suggested US 27 is the most obvious use for the location. Mr. Michael Cristante stated he understood the concems of the residents and as a developer he has tried to produce a project that would be in the best interest of the residents and businesses on US 27. Mr. © © City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2003 Page 13 Crisante advised there will be no used cars sales from the site and suggested that Council include "no auto sales" as one of the conditions of the Conditional Use Permit. Mr. Crisante pointed out the parking spaces are designed to conform to the existing parking spaces associated with Walgreens. Mr. Crisante also advised that the 12 parking bays included with the 59 parking spaces provided in the parking lot does equal the 71 required. Mayor Turville closed the public hearing portion of the meeting. Mayor Turville reminded the Council that in granting a Conditional Use Permit it was their responsibility to ensure the appropriate conditions are attached to a Conditional Use Permit to ensure that the use would not have a negative impact on the location and surrounding area. Mayor Turville asked Mr. Brown how many of the 59 parking spaces are associated with the retail use. Planning Director Brown advised 43 spaces are for the auto repair and 16 spaces are for retail. Council Member Ash how many cars would be serviced each day at the business. Mr. Cristante stated there is usually one car per bay, per day. Council Member Ash also expressed some concern regarding the access to US 27 from the pr6posed business. Council Member Caputo stated the business was an inappropriate use for the site. Council Member Renick stated she was opposed to the use and felt it was not an appropriate use for the site nor in the best interest of the residents of Vista Bay. A motion was made by Council Member Renick, seconded by Council Member Ash to deny the Resolution No. 1340 and the proposed variance, and carried for approval by an unanimous vote. Jerry Gore Conditional Use Permit Mayor Turville advised the applicant has withdrawn the request. Mayor Turville stated there were no additional items on the Agenda and asked if anyone wished to address the Council. Mr. Matt Modica stated he felt the staking on the trees in front of the new City Hall was unattractive. Mr. Modica stated he would like to meet with City staffto address additional needs of Bishop Field. Council Member Caputo advised Mr. Modica that he had brought up concerns earlier regarding Bishop Field and a workshop would be scheduled. © City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2003 Page 14 Mrs. Providence Lamonte thanked the Council for their decision regarding Resolution 1340 and stated she felt the residents were pleased to see that their concerns were considered as part of the final decision made by Council. There being no further business, the meeting was adjourned at 10:30 P.M. Attest: