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07-22-2003 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING July 22, 2003 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, July 22, 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 by all present. MINUTES Council Member Renick advised that she voted against Bridgestone Phase III, Variance Request and the motion should be amended to reflect a 4-1 vote for approval, Council Member Renick voting to deny. Council Member Caputo advised that page 4 of the Minutes referencing "Agreement, Paragraph 4" should be amended to read "Fire Station and Commercial properties will be metered and billed" A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimousl_¥ to approve the minutes, as amended, o_f the Regular Council Meeting, held July 08, 2003. REPORTS City Manager Saunders - None City Attorney Guthrie - None Council Member Ash - None Council Member Caputo - None Council Member Renick - None Council Member Mullins - None Mayor Turville - None City of Clermont MINUTES REGULAR COUNCIL MEETING July 22, 2003 Page 2 CONSENT AGENDA Item - 1 Voluntary Cooperative & Operational Assistance Mutual Aid Agreement Approval of Agreement with the City of Leesburg Item -2 Florida League of Cities the Annual Conference Designation of voting delegate for Florida League of Cities Mayor Turville stated he wished to pull Item 2 from the Consent Agenda. A ~notion was made bp Council Member Mullins, seconded bP Council Member Caputo to approve Item 1 o_f the Consent Agenda. Discussion of the motion. Council Member Caputo pointed out a typographical error on page 4, paragraph 1, line 5, "they" should be "their". The tnotion was carried unani~nousl¥ to approve Consent Agenda, Item #1. Item -2 Florida League of Cities the Annual Conference Designation of voting delegate for Florida League of Cities Mayor Mayor Turville asked Council Member Mullins, as the City's representative to the Florida League of Cities, if he would be attending the Conference. Council Member Mullins advised he would not be able to attend due to a scheduling conflict. Council Member Caputo advised he also has a conflict but would try to attend the business meeting. A motion was made by Mayor Turville to nominate Council Member Caputo as the City's delegate to the Florida League o_£ Cites Annual Co~ference, seconded by Council Member Caputo and carried by unanimous vote.for approval. Mayor Turville advised, due to the length of the Agenda and in an effort to accommodate Mrs. Veola Hobbs he would like to address Mrs. McDuffie and Mrs. Hobbs' variance request at this time. Mayor Turville asked Mrs. McDuffie if she had any objections to her request being heard at this time. Mrs. McDuffie advised she did not. City of Clerm on t MINUTES REGULAR COUNCIL MEETING July 22, 2003 Page 3 Emma McDuffie and Veola Hobbs Variance Request Planning Director Brown advised the property is located at 328 Chestnut Street. Planning Director Brown provided the following information. The applicant owns a single residential lot on Chestnut Street with two residential dwellings on the lot. The single family home was constructed in 1951 and the apartment was constructed in 1954. The apartment is a nonconforming use, allowed to exist as long as use of the facility does not lapse for more than a year. In 1998, the property appraiser's office downgraded the structure from a dwelling trait to a shed because it was not suitable for human habitation. The applicant is asking for the following seven variances: 1) to allow for a rear yard setback of 11 '4" rather than the 25' required by code,. 2) to allow for a side yard setback of 8'4" rather than 15' required by code, 3) to provide for one parking space rather than the 3.5 parking spaces required by code, 4) to allow for a dwelling unit size of 258 sq. ft. rather than the minimum of 600 sq. ft. 5) to allow for a lot size of 50' rather than a minimum of 75' required by code, 6) to allow for a lot size of 5100 sq. ft. rather than the minimum 7000 sq. ft. determined by code and, 7) to be relieved from providing required landscape buffers for a multi-family development. The use has lapsed for more than a year and the nonconforming use is no longer applicable. Staff recommends denial of the requested variances. Mayor Turville advised 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 Clerk Warren swore in the following individuals: Mrs. Emma McDuffie, 527 Pitt Street Mrs. Veloa Hobbs, 328 Chestnut Street Mrs. Irene Dantley, 328 Chestnut Street Mrs. Dean, 304 Chestnut Street Mrs. Emma McDuffie speaking on behalf of her grandmother advised the apartment is a 3-room structure and has always been occupied until November 2002. A contractor was hired in November 2002 to renovate the apartment. In January of 2003, a pemfit was issued and work was started. City of Clermont MINUTES REGULAR COUNCIL MEETING July 22, 2003 Page 4 Mrs. McDuffie acknowledged debris left by the contractor has been a cause of concern for her as well as neighbors in the area. Mrs. McDuffie stated that her grandmother was never notified by the County of their intent to downgrade the structure nor was the family given the opportunity to make the appropriate improvements. Mrs. McDuffie presented Council with a petition in support of the variances, signed by 22 residents. Mrs. Dean stated she lives behind 328 Chestnut Street and does not have any objection to the renovation of the site. Mrs. Dean did request that the applicant be required to construct a fence between the two properties. Mrs. McDuffie stated the family had no objection to the request. Mayor Turville suggested it would be appropriate to address the consideration of the non- conforming use before discussing the seven requested variances. Mayor Turville asked Mr. Brown to clarify the issuance of a permit for the renovations, when the City had obvious concerns. Planning Director Brown advised that a Zoning Clearance was issued for 328 Chestnut Street. It was staff's assumption that the permit was for the main house. The permit was for interior and exterior renovations including electrical and plumbing upgrades. There was no reference to the apartment. Mrs. McDuffie advised previous renovation to the main residence was completed under a Community Development Block Grant (CDBG) and the City should have realized work had already been completed on the main house mad that the permit pulled was for the apartment. City Manager Saunders advised that the Planning and Zoning staff was not involved in the CDBG Program and would not have known of any renovations to the main structure. Council Member Renick pointed out that the Council has made many allowances for property owners who were attempting to upgrade their property. Council Member Renick stated if the surrounding residents have no objection to the request and if the request to construct a fence can be met, she would not object to the variance requests. Council Member Ash asked if there was any way to validate that the nonconforming use has not expired. City of Clermont MINUTES REGULAR COUNCIL MEETING July 22, 2003 Page 5 Mrs. McDuffie referred to the petition previously provided Council, in which one petitioner confirms the continued occupancy. Council Member Caputo stated he was not convinced that the nonconforming use had not expired. City Manager Saunders read into the record a copy of a letter, received 7/22/03, from Pat McFarland, in opposition to the request. A motion was made by Council Member Renick to approve the Hobbs and Dantley Variance Request, seconded by Council Member Mullins and approved by a 4-1 vote. Council Member Caputo voting to deny. Joint Planning Agreement City Manager Saunders recommended consideration of the Joint Planning Agreement be tabled because the Lake County Board of Commissioners will not be acting on the JPA until their Planning and Zoning Commission has reviewed the document. Mr. Saunders advised both the Planning and Zoning Commission and the Board of Commissioners would consider the JPA in August. City Manager Saunders advised the Council that the Lake Utilities Service Inc. (LUSI) Agreement should be finalized in August and both the JPA and the LUSI Agreement could be considered at the same meeting. City Attorney Guthrie advised that he has met with representatives of Lake Utilities Services Inc. and anticipates that the Agreement will be ready for the August 26th meeting. Council Member Renick explained she has concerns with the current document, specifically with issues regarding the Green Swamp area. Council Member Renick stated that she did not feel that adequate protection is afforded the Green Swamp area in the Agreement and emphasized she would like to review the document in a workshop with other Council Members. City Manager Saunders stated a workshop could be scheduled before the County meeting of 8/26/03, and the appropriate changes if any, could be forwarded to the Lake County Commissioners. Council Member Ash expressed concern that if changes are made and referred to the Board of Commissioners, they could refer the Agreement back to their Planning and Zoning Commission, and possibly delay consideration of the Agreement even further. City Manager Saunders suggested that a workshop be scheduled for Monday August 4, 2003, at 6 P.M. at the Police Department, Community Room. City of Clertnont MINUTES REGULAR COUNCIL MEETING July 22, 2003 Page 6 A motion was made by Council Me~nber Mullins, seconded by Council Member Renick to table consideration qf the proposed JPA until August 12, 2003, and carried unanimously _for approval. Ordinance No. 471-M Final Reading Mayor Turville read Ordinance 471-M 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. Mayor Turville read Ordinance 472-M 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 read Resolution 1319 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 hotel and to allow for a structure over 20,000 square feet in the C-2 General Commercial District. Mayor Turville advised Planning Director Brown would address all of the items collectively since they all pertain to a single parcel being considered for annexation. Planning Director Brown advised the applicant is Jimmy Crawford of Gray, Harris, & Robinson, the owner is Premier Promenade Plaza, Inc. The applicant is requesting annexation of approximately 3 acres of a larger 15-acre tract in order to expedite the hotel project. Requested rezoning of the property is from Urban Estate to C-3 General Commercial. It is anticipated that the entire tract will be annexed and will be zoned as a PUD. The applicant is requesting annexation in order to avail themselves of City utilities, a Conditional Use Permit to allow for the construction of a hotel and a variance for the height of the hotel. The Planning and Zoning Commission recommended approval of the project with the recommendation that the developer agree to annex the remaining property before development. City of Clermont MINUTES REGULAR COUNCIL MEETING July 22, 2003 Page 7 Planning Director Brown suggested that Section 4- Transportation Improvements, Condition #7 be modified to read - "The-right-of- way of the frontage road along the Premiere Promenade property shall be dedicated to the City." Planning Director Brown advised the applicant is requesting a variance to allow a building height of 37'4" for habitable areas and 50'6" for the total height. Mayor Turville advised 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 Matthew Modica, 1320 6th Street. Mr. Jimmy Crawford spoke on behalf of the owners and advised that the project is a Hampton Inn with 101 rooms. The applicant is willing to comply with the conditions of the Conditional Use Permit as recommended by the Planning and Zoning Commission. Mr. Crawford, referring to the right-of-way, explained that the applicant has a tentative agreement with the Lake Sumter Community College and South Lake Hospital, to donate the right-of-way and the applicant will construct the road. Mr. Crawford suggested, if the agreement with the hospital and college is not sufficient, the applicant would donate up to 80' for the frontage road, if needed. City Manager Saunders stated the right-of-way dedication should be completed before the issuance of a building permit. Mr. Crawford, referring to the grading of the property, offered to provide the City with a topographical survey and a commitment that there will be no additional cut/fill on the site except for the driveway. Mr. Modica asked if the applicant was asking for a grading variance. Mr. Crawford stated the applicant was not. Mr. Modica requested that Council scrutinize the request and minimize grading allowed on the site. Mr. Modica asked if the.re are any landscaping requirements for the frontage road. City Manager Saunders advised the City does not have a landscape requirement for the right-of- way, but will require landscaping on the private property side of the right-of-way. Council Member Caputo asked Planning Director Brown if sidewalks are required on the frontage road, could trees be planted between the sidewalk and curb. City of Clertnont MINUTES REGULAR COUNCIL MEETING July 22, 2003 Page 8 City Manager Saunders explained the City does not require trees between the sidewalk and curb because utilities are typically placed within that fight-of-way. Council Member Ash recommended that a slab survey be required and Council must approve any additional grading on the site. Council Member Mullins asked if there will a driveway off of Hwy 50. Mr. Crawford advised there will be a driveway, the cut will be minimal and the City will approve the driveway. Council Member Renick suggested all future grading requests should be considered as a Grading Variance. Council Member Caputo requested that the consideration of Grading Variances also be discussed at the next workshop. Council Member Renick asked Mr. Crawford why the applicant was not applying for annexation for all of the property at this time. Mr. Crawford advised the City preferred not to annex the entire parcel because there is not a defined use of the rest of the property at this time. City Manager Saunders advised property is usually annexed into the City with the zoning classification of Urban Estate, and is typically accompanied with a request for rezoning for a Commercial use. Staff is uncomfortable with annexing the site without an intended 'use being designated for the remainder of the parcel. A motion was made by Council Member Mullins, seconded by Council Member Caputo to adopt Ordinance 471-M and carried unanimously_for approval. A motion was tnade bY Council Member Mullins, seconded bY Council Member Caputo to adopt Ordinance 472-M and carried unanimously for approval. Council Member Renick expressed concern to Mr. Crawford regarding the height of the hotel. Mr. Crawford stated he understood Council Member Renick's concern and explained the maximum height requested will be on the low side of the site. A motion was made by Council Metnber Caputo, seconded by Council Member Mullins to approve the variance requests. Motion was approved bv a 4-1 vote, Council Member Renick voting to deny. City of Clermont MINUTES REGULAR COUNCIL MEETING July 22, 2003 Page 9 A motion was made by Council Member Mullins to adopt Resolution 1319 with the _following amendments: 1) ,1ll of tracts 13, 14, and 15 will be annexed prior to development; 2) Section 6, Transportation Improvement - ,1pplicant will dedicate up to 80' as needed for the frontage road, prior to permitting; 3) ,4 slab survey will be required; 4) No additional cuts other than the driveway will be allowed, without Council approval. Motion was seconded bP Council Member Caputo and carried unanimously for approval. Property Purchase Mayor Turville requested that City Manager Saunders present the purchase proposal to Council. City Manager Saunders advised the proposal is for the purchase of the Bell Ceramics property located on Lake Minneola, southwest of East Avenue. This property abuts the City's Waterfront Park and consists of approximately 6.3 acres and several buildings totaling approximately 21,500 sq. ft. of warehouse space. The proposal is for a selling price of $1.5 million dollars, with $700,000 at closing, $400,000 one year fi:om closing and an additional $400,000 two years fi:om closing. In addition, Bell Ceramics would be allowed to stay on the property and operate their existing business from the site for the two-year period following closing. City Manager Saunders also advised that the City would require an environmental assessment of the site before closing. Mr. Edwin Goodgame, 2118 St. Ives Court, referring to the continued occupancy by Bell Ceramics, asked Mr. Saunders what was the revenue loss to the City for not charging the tenant rent. City Manager Saunders advised he did not know the going rate for warehouse space. City Manager Saunders explained that the City would be responsible for an ad valorem assessment on the portion of the property that is being occupied. Buildings and parking spaces not being used will be exempt. The City can expect an assessment of approximately $8000 a year. A motion was made by Council Member Caputo, seconded bp Council Member Mullins to approve the purchase of the Bell Ceramics property and carried unanimously_for approval. City of Clermont MINUTES REGULAR COUNCIL MEETING July 22, 2003 Page 10 City Attorney Guthrie recommended that the contract specify details regarding occupancy and use of the building(s) by the seller, and payments to the seller be time specific. Council Member Caputo amended the motion to include that the authorized contract include specific details regarding occupancy by the seller and pavment(s) by the buyer, seconded by Council Member Mullins and approved by a unanimous vote. City Manager Saunders stated that on behalf of the City he would like to thank the owners of Bell Ceramics for working with the City and giving them the opportunity to purchase the property. Ky McAteer Variance Request Planning Director Brown advised that the owner and applicant is Ky McAteer. The location is 650 West Montrose. Mr. McAteer is requesting relief from providing a perimeter landscape buffer along the west property line as required by code. Mayor Turville advised 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 Mr. McAteer. Mr. McAteer advised parking is currently a problem for his business and believes the proposed variance would be beneficial not only to him but also to the downtown merchants who are also burdened with restricted parking. Council Member Ash asked if landscaped areas at the front of property could be enhanced. Planning Director Brown advised that Mr. McAteer has committed to re-landscaping the front and west side of the building. Council Member Caputo ask Mr. McAteer if he anticipated restricting the use of the parking area and/or requesting a tow-away zone. Mr. McAteer advised he would request a tow-away zone only if parking became a problem in the future. A motion was made by Council Member Mullins, seconded by Council Member Caputo to approve the variance request and carried unanimously_for approval. City of Clermont MINUTES REGULAR COUNCIL MEETING July 22, 2003 Page 11 Kids R Kids Resolution 1317 Mayor Turville read the resolution 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. 1180 to allow for the expansion of a daycare facility by construction of an additional 4,800 square foot building. Planning Director Brown advised the owner is Bart Sutherin. The request is to amend an existing Conditional Use Permit to allow for the expansion of a daycare facility by constructing a 4800 sq. ft. building in addition to the main building. The applicant is asking for a variance of five spaces from the required 72 parking spaces. Staff feels sufficient parking is provided on the site and recommends approval of the Conditional Use Permit and the variance request. Mayor Turville advised 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 Mr. Bart Sutherin, owner of Kids R Kids. Mr. Sutherin advised the reason for the expansion request is to accommodate the after school program as well as additional daytime programs at the center. Mr. Sutherin advised the facility is at capacity and expansion is not to accommodate additional children. A motion was made by Council Member Caputo, seconded by Council Member Mullins to adopt Resolution 1317, and carried unanimously_for approval. A motion was made by Council Member Mullins, seconded by Council Member Caputo to approve the variance requests. Council Member Ash asked if a variance was granted on the original project. Mr. Rick McCoy advised there was not a variance request associated with the original request. Motion was approved by a unanimous vote. City of Clermont MINUTES REGULAR COUNCIL MEETING July 22, 2003 Page 12 Clint and Mary Webster Resolution 1318 Mayor Turville read the Resolution 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 Professional Office in the R-3 Residential/Professional Zoning District. Planning Director Brown advised the next two items on the agenda pertained to the same property and provided the following information. The applicant is requesting a Conditional Use Permit in the R-3 Residential/Professional District. The property is located at 925 W. Minneola Avenue. Property to the north and east is in the Central Business District, to the north is City owned property, to the east is the Watson Realty Office and to the south and west are residential properties. An office building is an appropriate development of the site. The variance requests of a 10'wide landscape buffer rather than 15' required by code and a rear yard setback of 15' rather than 25' are reasonable to accommodate the development of the site. Staff recommends approval of the Conditional Use Permit and the Variance Requests. Mayor Turville advised 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. Arthur Nix, 17550 CR 455, Montverde, engineer for the project, was sworn in by Deputy City Clerk Warren. Mr. Nix advised he was representing Mr. Webster and was available to answer questions. Mr. Nix pointed out the right-of-way on Minneola Avenue is 100', which exceeds the typical right-of-way of 50'. The parking will be self-contained and there will be only one tenant on site. City Manager Saunders suggested adding a condition, requiring the applicant to maintain and irrigate the area between the curb and sidewalk. Mr. Nix advised the applicant would not object to the proposed additional condition. A motion was made by Council Member Caputo, seconded by Council Member Mullins to approve Resolution 1318, and carried unanimously for approval. A motion was made bp Council Member Caputo, seconded by Council Member Mullins to approve the variance requests as amended, and carried unanimously for approval. City of Clermont MINUTES REGULAR COUNCIL MEETING July 22, 2003 Page 13 Hancock Village Variance Request Planning Director Brown advised the owner is Hancock Village, LLC and property is located at the NW comer of SR 50 and Hancock Road. Planning Director Brown provided the following information. The applicant is requesting to provide 16 parking spaces for 2 restaurants rather than the 32 required by code. There are 232 parking spaces for the entire retail site. Cross Parking Agreements have been obtained from Walgreens and People's First Bank. It is the applicant's contention that parking will be adequately served with the provided agreements. Staff feels there will not be enough parking on the site to support two restaurants uses and recommends denial of the request. Planning Director Brown provided Council Members with copies of a letter received from Peoples First Community Bank in opposition to the variance request. Mayor Turville advised 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 Mr. Frank Cannon of Tryson Development. Mr. Cannon asked the Council to consider reviewing the City's parking requirements as well as the mixed hours of operation for the various businesses within the shopping center. Mr. Cannon suggested with the bank closing at 5 p.m. there will be sufficient parking. Mr. Cannon pointed out the proposed restaurant and ice cream store are not full service restaurants, both are take out facilities. Mr. Cannon also pointed out Publix stores have full service delicatessens and are not required to adhere to restaurant parking requirements. Mr. Cannon encouraged the Council to consider an overall parking requirement for shopping centers rather than requiring a single user to adhere to an unreasonable condition. Council Member Ash asked Planning Director Brown if parking for the Publix Shopping Center at Kings Ridge was based on the requirement of one parking space per 200 sq. ft. Planning Director Brown advised the Kings Ridge Publix Shopping Center does conform to code. Council Member Ash asked if a restaurant wanted to occupy space in the Kings Ridge Shopping Center, would additional parking be required. City of Clermont MINUTES REGULAR COUNCIL MEETING July 22, 2003 - Page 14 Planning Director Brown advised it would. Mayor Turville expressed concern that the proposed parking is 50% below the City's requirement. Mr. Cannon pointed out the two proposed restaurant uses are take-out uses and there will be a rapid mm over of customers in both. A motion was made by Council Member Caputo, seconded by Council Member Renick to deny the Variance Request. Discussion of the motion. Council Member Ash stated she felt the applicant is being penalized by coming forward at this phase of development. Council Member Mullins stated he sympathized with the applicant and suggested much of the restaurant business will be after banking hours and parking in the bank area could be utilized. Motion to deny was approved by a 3-2 vote. Council Member Ash and Mullins voting in _favor of the variance. Millage Rate Mayor Turville advised the current millage rate is 3.729 and the City is proposing the same rate to the Property Appraiser's office. Cit~' Manager advised the public hearing for the proposed rate will be 9/3/03 and final hearing will be 9/11/03. A motion was made by Council Member Caputo, seconded by Council Member Mullins to noti~ the Propert~ Appraiser's qffice of the proposed millage rate o_f 3. 729, and carried unanimously for approval. There being no further business, the meeting was adjourned at 10:15 P.M. Attest: Hal Turville, Mayor