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01-11-2005 Regular MeetingCiry of Clermont MINUTES • REGULAR COUNCIL MEETING January 11, 2005 The Clermont City Council met in a regular meeting on Tuesday, January 11, 2005 in the Council Chambers at City Hall. Mayor Hat Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Mullins, Goodgame, Ash and Renick. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. Mayor Turville updated the agenda by stating Langley-Mooring Transmittal has been withdrawn; Ordinance 499M, 500M and Resolution 1411 will be considered for tabling for 30 days; and Resolution 1412, 1413 and 1417 has been withdrawn as requested by the applicant. MINUTES Council Meeting minutes of October 26, 2004 Council Meeting minutes of November 9, 2004 Council Meeting minutes of November 23, 2004 Council Member Goodgame moved to approve the minutes as written; seconded by Council Member Mullins. The motion~assed with all members present voting "aye ". ~EPORTS City Manager Saunders scheduled the next Council workshop for January 20, 2005 at 6:30pm and announced a public workshop to discuss Community Center ideas to be held on January 13 at 7:OOpm. City Attorney Mantzaris - No Report Council Member Ash attended the Lake Sumter MPO meeting. The Public Transportation of Lake County is planning to have a bus system in the next 5 years around Leesburg. Also, they are looking at an express service from Clermont to Orlando. They have the funding for the widening of Hwy. 50 with expectations of completion in 2008-2009. Ms. Ash asked if someone else could be appointed to the Lake Community Action Agency position as it is a conflict with the MPO meetings being held on the same night. Mayor Turville agreed to consider at the organizational meeting. Council Member Goodgame - No Report Council Member Mullins - No Report Council Member Renick - No Report Mayor Turville - No Report PROCLAMATION .Mayor Turville read the proclamation aloud declaring January 22, 2005 as Arbor Day. Mayor Turville asked to adjust the agenda to consider tabling of Ordinance 499M, Ordinance SOOM and Resolution 1411. U Ordinance 499M Final Hearing City of Clermont MINUTES REGULAR COUNCIL MEETING January 11, 2005 Council Member Mullins moved to table to February 8; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Ordinance SOOM Final Hearing Council Member Mullins moved to table to February 8; seconded by Council Member Ash. The motion passed with all members present voting aye ". Resolution 1411 Council Member Mullins moved to table to February 8; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". UNFINISHED BUSINESS Langley Moorings Transmittal Hearing -This agenda item has been withdrawn. ~roperty Purchase City Manager Saunders advised that staff has obtained a signed contract with the property owner for 453 and 463 West Highway 50. That property is directly west of Fire Station No. 1. The owner approached the City and has agreed to sell for $100,000 and staff recommends approval. Council Member Mullins moved to purchase the property at 453 and 463 West Highway 50 • seconded b~ Council Member Goodgame. The motion passed with all members present voting "aye ". Ordinance SO1M Final Hearing Mayor Turville read Ordinance SO1M 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. Planner Hollerand advised Council of the rezoning request for the Fairfield Inn project. The applicant is SNB Hospitality LLC. This request is to make the necessary changes on the zoning map from Urban Estate to C-2 General Commercial. It is located at the northwest corner of Hunt Trace and Citrus Tower Blvd. across from the hospital. Staff recommends approval. Council Member Ash moved acceptance of Ordinance 501-M• seconded by Council Member Mullins The • motion passed 5 to 0 on a roll call vote with all memberspresent voting "aye ". 2 City of Clermont MINUTES • REGULAR COUNCIL MEETING January 11, 2005 Mayor Turville stated the next three agenda items will be heard concurrently then read the three ordinances aloud by title only. Ordinance 497M Final Hearing 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. Ordinance 484M Final Hearing An Ordinance of the City of Clermont, Florida, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the 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; providing a severability clause; and providing an effective date. Ordinance 498M Final Hearing 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. Planner Henschel informed Council the owner is KMH General Partnership and Steve Richey represents the owner. The request is to annex and rezone approximately 1 acre of commercial property located on the east side of Hwy. 27 adjacent to Steve's Road. The existing Lake County rezoning is C-2 Commercial. Since all properties enter the City with UE, Urban Estate residential zoning, the applicant is also requesting rezoning to C-2 General Commercial. The property is surrounded by the City of Clermont and is appropriate for annexation as an infill parcel. The owner has master plans to develop the property along with the surrounding property as a shopping center including restaurants, retail, and professional office. The proposed use is appropriately located and complementary to surrounding uses. Staffrecommends approval of the requested annexation and rezoning. Planner Hollerand reported on the Future Land Use component of the request. The applicant is requesting to be assigned a UD2 commercial land use and currently has an Urban Land Use in the County. This request does meet the small scale criteria and it will become fina131 days after today if approved. Staffrecommends approval and the Planning & Zoning Commission voted in favor of the request. Mayor Turville opened the public hearing. There were no comments. _Council Member Mullins moved adoption o~Ordinance 497M~ seconded by Council Member Renick. The motion~assed S to 0 on a roll call vote with all members present voting "ave ". Council Member Mullins moved adoption of Ordinance 484M~ seconded by Council Member Renick. The motio~assed S to 0 on a roll call vote with all members present voting "ave ". Council Member Mullins moved adoption of Ordinance 498M~ seconded by Council Member Renick. The motion amassed S to 0 on a roll call vote with all members present voting "ave ". r~ U NEW BUSINESS Resolution 1418 City of Clermont MINUTES REGULAR COUNCIL MEETING January 11, 2005 Mayor Turville read Resolution 1418 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 an additiona12,675 square feet to expand an existing funeral home, for a total of 3,825 square feet. Mayor Turville commented Resolution 1418 and the Variance Request will be heard simultaneously. Floyd Funeral Home Variance Request Planner Henschel reported the request for a Conditional Use Permit is to allow the expansion of a funeral home in the Central Business District located at 858 West Minneola Avenue. The applicant has outgrown the current space and is proposing to expand the building by 2600 square feet with a total square footage of 3,245 sq. ft. The applicant also requests two variances. The applicant proposed a 12 foot wide driveway and the second variance is for a landscape buffer to be less than 10 feet. Staff as parking concerns however with a public parking lots nearby, on street parking in front of the business and a signed parking ~greement with the neighboring funeral home, staff recommends approval of the CUP and variance requests. Council Member Goodgame if the applicant understood to upgrade the plumbing and electrical to today's standard codes. Roger Pearce, architect for the project, stated that everything will be brought up to current code. Council Member Ash expressed concern with a 12 foot wide driveway and questioned granting a landscape island. She recommended narrowing to allow more than 12 foot at that corner to be safer and then limit the size of the landscape island. City Manager Saunders understands the concern and will be able to handle it during site review. Council Member Renick inquired whether Becker Funeral Home had enough parking for the parking agreement. Mr. Floyd responded that most of their funerals are held in churches rather than at the funeral home. There have not been any scheduling conflicts after 18 years of working together. Council Member Mullins moved adoption of Resolution 1418 with the intent to deal with the driveway issue during site review; seconded by Council Member Ash. The motion passed with all members present voting "aye, Council Member Mullins moved acceptance of the variance request but with instructions during site review to improve upon the buffer 6 inches; seconded by Council Member Ash. The motion passed with all members present voting "aye ". resolution 1412; Resolution 1413 and Resolution 1417 have been withdrawn as requested by the applicant. 4 • City of Clermont MINUTES REGULAR COUNCIL MEETING January 11, 2005 Resolution 1419 Mayor Turville read Resolution 1419 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida adopting rules, regulations, and restrictions for the use of the cemetery as provided in section 22-3 of the Code of Ordinances of the City of Clermont, providing for the repeal of all resolutions in conflict herewith and providing an effective date. City Manager Saunders noted this Resolution adopts the rules, regulations and restrictions for the Oak Hill Cemetery. Once adopted, staff will produce a brochure to be handed out outlining the new rules. Wally Herda thanked Council for modifying the existing Cemetery Regulations. He asked if the Council could adopt this Resolution in perpetuity to not allow any changes. City Attorney Mantzaris advised Mr. Herda that the City cannot bind future Councils from making changes to the regulations. Council Member Renick noted to change one word in the third line of number 21 from the word `design' to `designated'. • Council Member Mullins moved adoption of Resolution 1419 • seconded by Council Member GoodQame. The motion passed with all members present voting "aye ". Sewer Agreement - GSH Development/Michael Dinkel Assistant City Manager Gray reported on the sewer service request outside the city limits for 198 lot residential subdivision. The project is Drew Estates/Drew's Landing with the property size at 92.94 acres. It is located on the southeast corner of Lake Louisa Road and Lakeshore Drive and lies along the corridor of the future South Lake Connector. The project has the proper land use and zoning with Lake County and has preliminary plat approval which states "site to be designed and constructed in accordance with the Lake County Land Development Regulations for subdivisions in effect at the time the preliminary plat is approved." The preliminary plat was approved on May 4, 2004. In January 2002, an agreement was signed with Lake County and various property owners along the proposed South Lake Connector, for right-of-way, retention ponds and drainage easements. The agreement also had the Interlachen Residential Subdivision conceptual plan attached which is now known as Drew Estates/Drew's Landing. Staff met with the applicant to discuss four items that did not meet the current JPA Land Development Regulations which include: lot sizes, right-of-way width, landscape buffer and grading. The City Engineer determined we have the available capacity to serve the project. If the utility request is approved, the agreement would be conditioned upon final approval by the City Council for the installation of the proposed South Lake Connector wastewater collection system as well as annexation to occur when legally appropriate. Jimmy Crawford was present representing the applicant and agreed with utility agreement as drafted. He further noted the 15 foot easement will be maintained by the Homeowners Association. Council Member Ash inquired if the topographic map was included when presented to the County. Mr. Crawford confirmed ~at it was included. Keith Riddle confirmed the existing topography was presented and not the proposed. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING • January 11, 2005 Council Member Ash expressed concern with the proposed topography amounts being a difference of 20 to 30 feet. Mr. Riddle said there is a 60 foot drop from the connector road into the retention area. The County will fill in approximately half to build a retention area. Then, they will try to create a natural stair step from the property boundary to the pond. Mr. Crawford noted the overall design of the site is not to take anything off the top or flatten the overall site but to stair step the lots resulting in being cut more than 10 ft. The majority of the overage of 10 ft. is the fill related to the pond. Council Member Mullins asked Mr. Crawford to clarify how he agrees with staff s recommendation. Mr. Crawford clarified that he agrees with the utility agreements pursuant to plans. Council Member Renick read the following statement "to abide by the JPA Land Development Regulations as much as possible" and asked Mr. Crawford if that means he will do it as originally planned. Also, asked if he would make any concessions on the four items mentioned by staff. Mr. Crawford replied that they graded the additional 15 foot landscape easement along the property boundaries and right of ways. He also noted that concessions were made for the landscape buffer but not able to make other concessions due to having an approved preliminary plat in Lake County. Council Member Renick commented if the Council does approve, then we are condoning it. ~r. Crawford stated that septic is a viable option however he prefers sewer. Council Member Ash remarked that the city regulations are stricter than the county and many developers tried to get projects approved before the JPA became effective. Mr.Crawford replied this property is not contiguous to the City. The intent was not to escape the JPA. This has been in active development for more than 2 '/z years before the JPA was approved. David Ross, GSH Development, commented the agreement was created around 2000/2001 when it was strictly in Lake County. The agreement with Lake County was executed on January 6, 2002. Council Member Renick opposes the project. Mayor Turville summarized the reason for pursuing the JPA was to improve situations. Furthermore, the question is whether the Chain of Lakes would be better served with the project on our sewer system versus septic. Council Member Renick inquired if the approval from the county is based on the assumption to obtain central sewer from Clermont. Mr. Crawford responded that he would have to bring back a denial to the County however they could not stop the project from proceeding. Under their regulations, Lake County has to allow with either of those scenarios. Council Member Goodgame stated he would rather use the sewer capacity for projects meeting the City's requirements. • Council Member Mullins moved to grant• seconded b~Council Member Ash for discussion. 6 • City of Clermont MINUTES REGULAR COUNCIL MEETING January 11, 2005 Council Member Mullins concurs with Council Member Goodgame however agrees with the Mayor on protecting the lakes. Furthermore, he does not view it as a potential annexation but as a water protection issue. Council Member Goodgame suggested if they change their plan, then we would be willing to supply sewer which would eliminate the contamination of the lakes. Mr. Crawford does not agree with the statement that it is the city's prerogative to decide who they want to serve who is outside the City. The City has adopted a Chapter 180 Utility area with an ordinance stating that the City stands as the utility to serve that area. Council Member Ash expressed being in agreement with Council Member Renick however she also concurs with Mayor Turville. Mayor Turville stated if the applicant returns to the County with denial from Clermont, the County will have to choose whether to be on a packaged plant or septic tanks. Once committed, the approval will be changed to accommodate either a packaged plant or septic tank. The choices are our sewer system or septic tank. Council Member Renick prefers to not have septic. . Manor Turville asked if all were in favor of the motion. The motion passed with all members present voting ~~e , Water & SewerAgreement Assistant City Manager Gray reported the applicant is Cecelia Bonifay and the owner is Imagine Charter Schools. A Utility Agreement was presented to the Council last month for Imagine Charter School located at the northwest corner near Kings Ridge Blvd. and Hancock Road. Since that time, the applicant has relocated the school to the southwest corner. The applicant is requesting sewer and water services to the proposed school consisting of three (3) buildings and house 700 students grades K - 5. Lake County has recently approved both the land use change to UE -Urban Expansion as well as a rezoning to CFD - Community Facility District. The City Engineer has determined that we do have the capacity. Cecelia Bonifay, Akerman Senterfitt, was present on behalf of Imagine Schools. The school is planned to open in August 2005. They are agreeable to annexation and they are contiguous at this point. Council Member Ash commended the school for making the change. Council Member Goodgame questioned the granted request of a 30 foot buffer from the owners of Hartwood Pines between the school and their property. Ms. Bonifay stated the owners failed to notify them however, Mr. Vanderley will work with the residents on the buffer to not delay the project. ouncil Member Goodgame asked if it was possible to buffer the school from the residents of Hartwood Pines without a ~roblem on the west side of the property. 7 i City of Clermont MINUTES REGULAR COUNCIL MEETING January 11, 2005 John Vanderley reported that he spoke with some of the residents. He has mailed every resident a letter for a meeting to address their concerns and will work with them on the buffer width. Council Member Goodgame moved to provide water and sewer agreement to the Charter School located at Hartwood Marsh and East Hancock Road • seconded bX Council Member Mullins. The motion passed with all members present voting "aye ". Ordinance No. 502 Mayor read Ordinance 502 aloud 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 Lake Minneola Drive lying north of lots 16, 17, and 18 of Johnson's Replat, according to the plat thereof recorded in plat book 8, page 71, public records of Lake County Florida; repealing all Ordinances in conflict herewith, providing for severability, providing for publication and providing for an effective date. Council Member Mullins moved introduction o~'Ordinance 502M • seconded by Council Member Renick. The motion passed with all members present voting"aye ". Mayor Turville stated this is the end of the published agenda and opened the floor for audience comments. ADJOURN: With no further comments the meeting was adjourned at 8:Slpm APPROVED: ayor Harold Turville ATT ST: ~~ ~ ~ /~~~ Tracy Ac oyd, City Cl