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02-22-2005 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING . February 22, 2005 The Clermont City Council met in a regular meeting on Tuesday, February 22, 2005 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 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. MINUTES Approval of the City Council Meeting held January 11, 2005 Approval of the City Council Meeting held January 25, 2005 Approval of the City Council Meeting held February 8, 2005 Council Member Renick requested an amendment to the January 11 minutes on page 3 to reflect Steve Richey represents the owner. Council Member Goodgame moved to accept the minutes as corrected • seconded by Council Member Mullins. The motion passed with all members present votin~ye ". PORTS City Manager Saunders informed Council the City closed on the property purchased adjacent to the Fire Station. Also, the Pig on the Pond event requests Council approval of a parade on March 4`h at 5:30pm. Council Member Goodgame moved to approve; seconded by Council Member Mullins The motion passed with all members present voting "c~ye ". City Attorney Mantzaris - No Report Council Member Ash attended the Lake County Commission meeting where they unanimously voted to deny the Wekiva River Basin property rezoning. Council Member Goodgame - No Report Council Member Mullins - No Report Council Member Renick stated that Bruce and Kathy Brown with Community Habitat is requesting a class project and suggested a butterfly garden at Waterfront Park by the flag pole. The plant cost would be approximately $1,000. Bruce and Kathy Brown informed Council the exact location is directly behind the flag pole for the Veterans Memorial. Council Member Goodgame advised that the Lions Club has discussed a granite monument to recognize Clermont war veterans and asked if it would interfere. ~athy Brown suggested they work together. City of Clermont MINUTES REGULAR COUNCIL MEETING • February 22, 2005 Council Member Mullins moved to allow them to use city property discussed and the City will nd up to $1.000 for a warden at that location and to coordinate with the Lions Club • seconded by Council Member Renick. City Manager Saunders noted the Lions Club project has not yet been approved by Council. The motion passed with all members present voting "aye " Mayor Turville - No Report PROCLAMATION Mayor Turville read the Proclamation aloud for "Step up, Florida" encouraging residents to improve health and wellness. Mayor Turville reviewed items on the agenda requesting to be tabled by either staff or applicant. Old Business Item 3 -Ordinance 492-M Council Member Goodgame moved to table Ordinance 492-M to March 8 2005• seconded by Council • Member Renick. The motion passed with all members present voting "aye " Item 4 -Large Scale Amendment Transmittal Hearing Council Member Good~ame moved to table large scale amendment transmittal hearing Ortiz Project to March 8. 2005; seconded by Council Member Mullins. The motion passed with all members resent voting "aye ". Item 5 -Ordinance 493-M Council Member Goodgame moved to table Ordinance 493-M to March 8 2005 • seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item 6 -Ordinance 504-M Council Member Mullins moved to table Ordinance 504-M to March 22, 2005: seconded by Council Member Renick. The motion passed with all members present voting "aye ". Item 7 -Ordinance 505-M Council Member Mullins moved to table Ordinance SOS-M to March 22. 2005; seconded by Council Member Renick. The motion passed with all members present voting "aye ". Item 8 -Ordinance 506-M Council Member Renick moved to table Ordinance 506-M to March 22, 2005; seconded by Council Member Mullins. The motion passed with all members present voting •`aye ". ~ity Manager Saunders noted Ordinances 504-M; 505-M and 505-M were tabled because the application was revised for 2 a different request. Item 10 -Black West Utility Agreement City of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2005 Council Member Renick moved to table Black West Utility Agreement to March 8 2005 • seconded Council Member Mullins. The motion passed with all members present voting "ave " Item 11 -Ordinance 507-M Council Member Mullins moved to table Ordinance 507-M to March 8 2005 • seconded by Council Member Renick. The motion passed with all members present voting "uYe „ Item 12 -Black West Large Scale Amendment Transmittal Hearing Council Member Mullins moved to table the large scale amendment transmittal hearing on Black West to March 8. 2005: seconded by Council Member Renick. The motion passed with all members present voting ,~~e , Item 13 -Ordinance 508-M Council Member Renick moved to table Ordinance 508-M to March 8 2005 • seconded by Council Member Mullins. The motion passed with all members present votingaye " ~m 14 -Large Scale Amendment Council Member Mullins moved to table large scale amendment for Bosserman to March 8 2005 seconded by Council Member Renick. The motion passed with all members present voting "ave ". New Business Item 9 -Resolution 1428 Council Member Goodgame moved to table Resolution 1428 to March 8 2005 • seconded by Council Member Mullins. The motion passed with all members present voting "ave ". Item 10 -Variance Request -The Groves Council Member Goodgame moved that the variance request for The Groves at Lost Lake be tabled to March 8 2045• seconded by Council Member Mullins. The motion passed with all members present voting "ave ". Item 11 -Variance Request -The Groves Council Member Goodgame moved that the variance request for The Groves at Lost Lake be tabled to March 8, 2005; seconded by Council Member Mullins. The motion passed with all members present voting "ave ". CONSENT AGENDA ayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested anyone ~ishing to have any item pulled for discussion to please come forward at this time. City of Clermont MINUTES REGULAR COUNCIL MEETING • February 22, 2005 Item No. 1 -Surplus Property Declaring miscellaneous materials as surplus for disposal Item No. 2 -Plat Approval Skyridge Valley, Phase III Replat Item No. 3 -Plat Approval Hancock Center Council Member Mullins moved acceptance of the consent agenda• seconded by Council Member Goodgame. The motion passed with all members present voting "aye „ UNFINISHED BUSINESS Item 1-Utility Agreement - BP Assistant City Manager Gray advised Council of the request for water and sewer services outside of the city limits. The applicant is requesting water and sewer service to a proposed convenience store and gas station. This is an out parcel to a development owned by Sun Dev Properties. If the utility request is approved, the agreement will be conditioned upon deferral of annexation to occur when legally appropriate. The project will be developed pursuant to the utilities service agreement. Our City Engineer has determined we have capacity for this project. Cecelia Bonifay, Akerman & Senterfitt, spoke on behalf of BP. This is located in unincorporated Lake County at the tersection of CR 455 and Hwy 50. She noted three (3) sections of the agreement are in question specifically referring to aragraph 3.3 as it relates to the easement agreement, and section 3.4 and section 3.6 under Development Standards. Ms. Bonifay opposes section 3.6 which states `the City shall not be responsible to pay for or remove, repair, and/or replace the underground tanks and tank vents described in Exhibit B in the event said tanks and vents are damaged in any manner by the City's use of the easement area'. She is also opposed to section 3.4 as it relates to signage which gives `the City right to object to the location of any such sign as it may be constructed in the City's easement area'. Mayor Turville opened the public hearing; there was no public comment. Mayor Turville inquired about having fuel tanks in an easement. City Manager Saunders responded the only reason staff agreed to allow tanks to encroach in that area was after reducing the size of the easement which is typically 30 foot for the City. City Engineers decided the entire 30 foot was not needed, therefore, willing to reduce the amount of easement allowing them to place their tanks where they are placed now not in the easement. However, the only way staff would agree to that is if the water line was relocated into the middle of where the new easement would be. The water line was actually placed in the middle of a 30 foot easement which is close to the tanks. If the water line had been moved over within what would have been the new easement, staff would have agreed to the location of the tanks. If staff would have known the water line would remain in the middle of the easement, staff would not have been in agreement with the tanks being placed within the easement. Also, the terms repairing and replacing are typically referred to with anything above ground. Furthermore, Mr. Saunders noted we cannot give a 15 day notice in the event of an emergency break. Mayor Turville explained he is concerned with how to safely accomplish having fuel tanks in an easement. ~slie Bachelor, BP Area Developer Manager, agreed with the safety issue. She requested the City give notice directly to the station in an emergency instance of a water break as they are open 24 hours a day. Furthermore, the tanks being 4 City of Clermont MINUTES REGULAR COUNCIL MEETING • February 22, 2005 installed are stronger and withstand more than older tanks and noted the water line is only 3 to 6 foot deep. Mayor Turville questioned if it is typical to have fuel tanks in an easement. Andy Mulligan, BP representative, responded that they avoid when necessary however, they were working on the 20 foot easement with the letter received from the City and that is how the tanks were laid out. City Manager Saunders stated the 20 foot was assuming the water line would be placed in the middle of the 20 foot easement which would have placed the water line 16 feet away from the tank. City Attorney Mantzaris commented on the history of the agreement. The original part was that the applicant would be entitled to whatever rights they had in the easement. In reference to section 3.3 of the agreement, the first sentence is the language originally offered to BP. The issue is who will pay for the correction of the repair. The City is also concerned with what improvements they would place into the easement. Council Member Renick inquired why the applicant is not willing to take on an obligation of the tanks. Leslie Bachelor replied that BP would take responsibility for their actions on the site however they do not want to be responsible for the actions of the City. ~ouncil Member Ash questioned if the applicant is abiding by the Land Development Regulations as it relates to signage, en why would the City include a sentence to object to the location. City Attorney Mantzaris responded that language was added at the request of the City Engineer due to the location of the base in proximity to the water line in the easement area. Cecelia Bonifay objects to the language and noted the sign has been at that location since the beginning and the County has permitted the sign. Council Member Ash referred to Signage in section 3.4 and asked if it was addressed at site review. City Manager Saunders stated this went through the Lake County approval process before the City was notified of this going through the process. Once staff began to review, they noticed the sign was placed in the easement. Our concern was the base of the sign being placed over the water line. Staff is willing to work with BP on the placement of the sign within the easement as long as it is not placed over the water line. Furthermore, staff would not have agreed to the site plan where the tank was located without the easement being reduced and water line placed in the middle of the easement. Staff did agree to the 20 foot reduction after everyone agreed the water line would be placed in the middle of the 20 feet. Council Member Ash stated if negligence could be proved, then either the City or BP would to assume responsibility. Mayor Turville prefers the water line to be 15 feet from the edge of the easement. City Manager Saunders remarked that the additional language was an effort to work with the developer in the event something happens to the tanks, it would not be the City's responsibility. Otherwise, staff would not have agreed to the Tans or would have asked BP to relocate the water lines, if that is where they wanted the tanks. City of Clermont MINUTES REGULAR COUNCIL MEETING • February 22, 2005 Council Member Ash inquired about placing a physical barrier between the water line and the tanks to reduce the possibility of damaging the tanks. Mr. Mulligan, BP representative, advised Council that sheet tiling could be placed along the southern sides. If known it would be a problem, he would have left the sheet tiles in. It is not possible to put them back in without a risk. Cecelia Bonifay stated the applicant wants the City to repair the tank if responsible for damage. Council Member Ash questioned what the alternatives are in the event this is denied. City Manager Saunders replied the water line could be moved which would resolve it. Furthermore, he commented staff has no problem giving notice to BP when entering an easement especially in an emergency situation. Council Member Ash suggested in the event of damage, if negligence is proven as a result of the City then the City should be responsible. Council Member Renick recommended if Council approves the agreement as presented, then BP could look at alternatives. Ms. Bonifay stated the reason the water line is in the wrong place is a result of the developer, Sun Dev. She requested the ity direct Sun Dev to move the water line at their expense or condition their utility agreement. ~. City Manager Saunders replied that the City did not have a problem with the original plans submitted by Sundev. Council Member Renick moved to approve the Utility Agreement with BP as presented by sta ff• seconded by Council Member Mullins for discussion. Council Member Mullins expressed safety as the issue and suggested in the near future to move the line or put in a barrier wall. Council Member Goodgame inquired whether there is concrete over that area. Leslie Bachelor, BP, responded there is concrete over tanks; there is not concrete over the water line. City Manager Saunders explained the main concern would be a major break in that line if it created a crater and then having to go in under the tank to re-fill to support the tank. Council Member Goodgame called or the question. The motion passed 4 to 1 with Council Member Ash ~po~ sing. Item 2 -Ortiz Developer's Agreement -First Hearing City Manager Saunders advised Council the final hearing will be held at the next meeting. ~ty Attorney Mantzaris stated that the first hearing is for public input only. No action is necessary from the Council on st hearing. City ojClermont MINUTES REGULAR COUNCIL MEETING February 22, 2005 Mayor Turville opened the public hearing; there were no comments from the public. Steve Richey was present on behalf of the applicant and available for questions. Item 9 -Ordinance 503 M Final Hearing Mayor Turville read Ordinance 503-M 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 the thirty (30) foot wide platted roadway per plat of Lake Highlands Company, sections 29 and 30, according to the plat thereof recorded in plat book 2, page 25, public records of Lake County, Florida, bounded on the south by intersection of said road and U.S. Highway 27, and extending north to a point 430.9 feet south of the north line of the southeast Y4 of sections 29 and 30, according to the said plat of Lake Highlands Company; repealing all ordinances in conflict herewith, providing for severability, providing for publication and providing for an effective date. Planner Henschel described the request. This ordinance will close and abandon a 30 foot wide platted right of way at Lake Highlands Company. The right of way intersects with Hwy 27 north of Dal-Don Produce and runs north on the east side of the commercial buildings. The right of way is the unimproved portion of the original Lake Highlands Company right-of--way extension. It extends through the petitioners parcel approximately 350 feet and terminates at the right of way t Hwy 27. The owner of the surrounding property operates an existing business with structures extending up to the right way line. Staff suggested the owner develop a master development plan before giving a recommendation for approval therefore staff does not support the request and recommends denial of the right of way closing. Leonard Baird was present on behalf of the applicant. He informed Council it is not a road. Furthermore, there is no reason for a road until the property is developed. Mayor Turville asked if there was any continuation of the right of way to the north half. Mr. Baird advised it was vacated by the County. City Manager Saunders stated there is an easement north of the western half of the original right of way. Mr. Baird explained that is part of the Lake Highlands plat. Then, requested approval of vacation. Mayor Turville opened the floor for comments. There were no comments from the public. City Manager Saunders advised Mr. Baird that staff opposes any closings of old right of ways due to not knowing of a future need. Staff prefers to review the development plan first then negotiate if there is a need for future utilities or drainage. Mayor Turville clarified the applicant owns both sides of the right of way and it dead-ends into Hwy. 27. To the north of the property line, there is only half of an easement. The only problem would be if they sub-divide it in pieces. tty Manager Saunders suggested abandonment but retain the easement. City of Clermont MINUTES REGULAR COUNCIL MEETING • February 22, 2005 Mr. Baird explained when the property is developed; the easement will go away. He is agreeable to the recommendation. There are no plans to develop at this point. City Attorney Mantzaris suggested abandonment with a condition upon the applicant granting back the easement rights as a Utility easement. Mr. Baird pointed out that the City does not have a Utility easement; it's a 30 foot road right of way. City Manager Saunders recommended closing the right of way but retaining a Utility easement across the western half of the 30 foot easement. Mr. Baird concurred with the recommendation. Council Member Mullins moved to abandon the parcel continent upon the easement bein~~granted City Manager Saunders suggested Ordinance 503-M be amended to include a statement that the CitX would retain a Utility easement along the western 1 S eet of the 30 foot right o~a~ City Attorney Mantzaris noted to ensure the ordinance is publicly recorded • Council Member Mullins moved that is the intent of the motion • seconded by Council Member Ash The motion passed S to 0 on a roll call vote with all members present voting "aye „ Mayor Turville called for a recess at 9:OOpm; the meeting reconvened at 9:15pm. NEW BUSINESS Item 1- i~ariance Request -The Moorings Planner Hollerand informed Council of the variance request to allow for a PUD on six acre property at the northwest corner of Hooks Street and Lakeshore Drive. The PUD would enable the applicant to build single-family lots smaller than the 13,000 square foot minimum allowed in R-1-A. Staff does not support the variance as the applicant has not demonstrated a hardship. City Manager Saunders noted that the City was notified of a notice that circulated throughout the community. Someone used City logo and staff signatures on an unauthorized document. They took the notice sent out to adjoining property owners of this meeting and added another heading and made it appear it was from the City of Clermont. The logo is a registered trademark of the City and legal action will be taken against the person responsible. Cecelia Bonifay was present on behalf of Randy Langley. Mr. Langley previously applied for a Comprehensive Plan Amendment proposing amulti-family development on the property. Since the neighbors present at that meeting were in opposition to the proposal, he reconsidered his proposal from multi-family to single family. Ms. Bonifay added there is a hardship due to the configuration of the site and the original plat which would have included roadways through the parcel. ~ity Manager Saunders advised Council this is not a hearing on the proposed project. It is a question of whether to consider hearing a Planned Unit Development for a parcel of less than 10 acres. Staff has offered no comment on what City of Clermont MINUTES REGULAR COUNCIL MEETING • February 22, 2005 Mr. Langley wants to do on the site whether it is appropriate or not. The alternative to the PUD is a rezoning with a variance request. Randy Langley was present requesting approval from the Council. Mayor Turville opened the public hearing. Ron Behnken spoke in favor and would like to see it developed. Michael Bennett requested the property be developed according to current zoning and expressed concern with traffic at that corner. Melissa Lynch prefers that it be developed to current zoning laws. Celia Davis owns the duplex behind the property and questioned whether a wall will be built surrounding the property. Patty Daries prefers single family homes instead of town homes however she is opposed to a through road. Bill Banzhaf, 790 Minneola, spoke in favor of the proposed request. ~ayor Turville asked City Manager Saunders to explain the opportunities with a PUD as opposed to R-1-A. City Manager Saunders replied this property has been reviewed under several scenarios over the years. With an R1A, the maximum number of single family units is around 14 with a minimum of 100 foot frontage. Under the PUD, Mr. Langley could negotiate for 24 lots with less setbacks. The other option is a rezoning to R-1 but variances would be required. The PUD process rolls into one (1) public hearing. Furthermore, in any scenario, the only access to the property will be from Lakeshore Drive. They would have a single road into the property with a couple of cul-de-sacs to access the 14 lots. There are 14 to 24 homes allowed in an R-1 zoning. Council Member Renick prefers to not have an increase in density and would like to keep it at 14 lots and asked if Council could condition a variance. City Manager Saunders replied that the PUD will be a negotiated document including the number of units. Council Member Mullins prefers the neighborhood under a PUD with 16 to 18 lots. Council Member Mullins moved to grant variance to allow a PUD smaller than 10 acres on residential only; seconded by Council Member Goodgame. The motion passed with all members present voting „aye „ Item 2 -Variance Request -Clermont Yacht Club Planner Henschel briefed Council on the proposal to construct seven condominium style buildings in the Clermont Yacht lub community. The applicant is requesting 9 x 18 parking spaces under the buildings to not have exterior parking and ability to have separate buildings instead of one large structure. Staff recommends approval of the parking spaces. he applicant is also requesting an overall building height of 50 feet and an interior "habitable" height of 42 feet. Staff City of Clermont MINUTES REGULAR COUNCIL MEETING • February 22, 2005 recommends denial as the design style of the roof can be altered to meet the city height requirements of 35 foot habitable and 45 foot overall. Jason Stringfellow represented the applicant, Admirals Cup. The building has been divided into 7 units to minimize the impact to not have the appearance of an apartment complex. Mayor Turville opened the public hearing. Donna Sheets, 260 Rob Roy Drive, opposed the variance and voiced concern with the height of the building invading their privacy. Geraldine Jones-Saylor, 250 Rob Roy Drive, prefers the current building style of the Clermont Yacht Club and is opposed to the proposed building blocking the view of the lake. Rob Sheets, 260 Rob Roy Drive, is not in favor of the proposal and believes this will cause a decrease in property value as well as contribute to traffic issues. Shelley Thomas Small, 310 Rob Roy Drive, spoke in opposition as it will overly populate the area and does not like the appearance of an apartment complex. ~arl Arnold, 240 Rob Roy Drive, concurred with the other residents opposing the request. Peggy Gamma, 300 Rob Roy Drive, prefers the townhouse appearance of the Yacht Club Phil Edgington, Developer and Owner of Clermont Yacht Club, stated the density was approved for 266 units and is being reduced by 16 units. The traffic impact will be less than what was approved. These buildings meet the criteria for height requirements because the parking underneath is a basement. Rick McCoy stated this is a better design and it has already been approved. Council Member Goodgame is not in favor of the parking spaces. Mr. Stringfellow clarified he represents the buyer. They have taken the developers approved design and have reconfigured to maximize the view and to minimize the impact. The density has been lowered and made it more aesthetically pleasing by dividing into 7 individual parcels. The impact is less than originally proposed. They are considered condominiums; not apartment complexes. Council Member Goodgame inquired if there would be two (2) parking places per unit and if there is a way to place a barrier between the parking spaces. Mr. Stringfellow replied there are two (2) spaces per unit and some may have more depending on the square footage of the units. There will not be a barrier between the spaces. Council Member Goodgame questioned the height requirements. ~ity Manager Saunders remarked they do comply with the 45 foot maximum from the Grand Highway side. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING • February 22, 2005 Council Member Renick asked for clarification of exceeding our code. Planner Henschel advised it is measured from any point on the building from grade level to the peak of the structure. City Manager Saunders clarified the parking underneath on the north side creates the overall height greater than 45 feet. Council Member Renick asked to condition the variance to be built compatible with the existing Yacht Club. City Attorney Mantzaris advised that it can be conditioned as it relates to the variance request. City Manager Saunders suggested granting variance with the specific purpose of allowing them to meet architectural criteria already established in the neighborhood. Steve Smith, part owner of Admirals Cup, advised of plans to mirror the structure to the existing Yacht Club. Council Member Renick moved to approve the project be developed architecturally as closely as ossible to the existing Yacht Club. If it cannot be accomplished through site review then to return to Council seconded by Council Member Mullins. The motion passed with all members present voting "aye „ • Council Member Mullins moved to approve the variance for parking• seconded by Council Member Renick. The motion passed with all members present voting "aye „ Item 3 -Resolution 1424 Mayor Turville read Resolution 1424 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 eight (8) bay car care center. Planner Henschel briefed Council on the request for a CUP in C-2 (General Commercial) to allow for an automotive repair center. It will be located south of the intersection of Hwy. 50 and Hwy. 27. The hours will be from 7:OOam - 7:OOpm Monday through Friday; 7:OOam - 2:OOpm Saturdays and closed on Sundays. Staff is concerned about noise with automotive service centers and has recommended a buffer wall. Staff recommends approval. The applicant has also requested a variance to allow eight bays in the car care center. The applicant is requesting the eight service bays to be considered as parking spaces. Any customer cars left overnight will be parked inside the bays. Staff supports the variance request. Rick McCoy, 713 Montrose Street, was present on behalf of the applicant. He clarified the operating hours on Saturday being 7:OOam - 7:OOpm. Mr. McCoy commented on the azchitectural design standards and requested roof standards be applied to 100 foot. He is in agreement with the other conditions. City Manager Saunders noted staff was more concerned with the roof line than the projections on the face of the uildings. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING • February 22, 2005 Mr. Saunders suggested eliminating number 2 of section 4 and replace with roof lines greater than 60 feet shall incorporate architectural projections. Council Member Renick moved to approve with the change to section 4 number 2 to reflect the proposed language and add to General Conditions #9 if the o ep rating hours should become an issue they will be asked to come back to Council; seconded by Council Member Mullins The motion passed with all members present votin~aye ". Item 4 - i~ariance Request -Dennis Horton Council Member Renick moved to grant variance request or parking• seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Mayor Turville called for a recess at 11:38pm; the meeting reconvened at 11:46pm. Item S -Resolution 1425 Mayor Turville read Resolution 1425 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 operation of a church in the C-2 Commercial Zoning District. Planner Henschel briefed Council on the CUP request to establish a church in an existing recreation center located at 4 WestGate Plaza. Staff recommends approval. The Planning & Zoning Commission recommended a three (3) year time limit and the applicant is in agreement. The applicant, Chris Walker, 251 Curtis Ave. Grove(and, is in agreement with the recommendation. Council Member Renick moved to approve Resolution 1425 with a condition that the CUP is or three L3) years; seconded by Council Member Goodgame. The motion passed with all members present voting "aloe , Item 6 -Resolution 1426 Mayor Turville read Resolution 1426 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 operation of a restaurant in the Central Business District. Planner Henschel advised Council of the applicants proposal to open a dine in and take out restaurant at 721 West Avenue. The applicant will renovate the interior and create a new facade to the building to include a 540 square foot dining room. Also, they will be required to purchase the two parking spaces within the City parking lot, as there is not enough room to park on site. Staff has concerns over parking accommodations. The applicant can purchase off site parking spaces and staff recommends approval. ~pplicant, Nafeeza Camalodeen, was present and available for questions. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING • February 22, 2005 Gordon Holgren owns the business and property next to the proposed restaurant. He opposes the CUP request and noted there is only one (1) parking spot available instead of two (2). Furthermore, he requested Council deny the request. Bill Banzhaf, Downtown Partnership, spoke in favor of the request. Council discussed additional parking spaces in the downtown district with the possibility of using spaces currently leased by the Sheriff's Office. Council Member Goodgame moved acceptance of Resolution 1426 as written: seconded by Council Member Mullins. The motion passed with all members present voting " .rte Item 7 -Resolution 1427 Mayor Turville read Resolution 1427 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 eighty-seven (87) room hotel in the C-2 Commercial District. Tanner Hollerand described the request for a CUP to develop a Fairfield Inn hotel to serve South Lake Hospital, the ational Training Center and Lake-Sumter Community College. The three story hotel will have 87 rooms with 48,076 square foot including an outdoor swimming pool. The building height is 50 feet. Staff is asking for additional landscaping. There are two variance requests associated with the CUP related to landscape buffer and height. The request is to split the landscape buffer along Citrus Tower Blvd. into a 15 foot section and a 5 foot section, separated by a retaining wall instead of the required 20 foot buffer. The second request is fora 50 foot height instead of 45 foot as required. Rick McCoy was present on behalf of the applicant. He advised Council the steeple of the main entrance exceeds the height requirement. Council Member Ash requested adding Slab Survey to the CUP under Excavation/Grading section 4 number 4 and to add Planters under the Entryway section on page 5. City Manager Saunders noted that staff is working with the applicant and the requirement will be met as it relates to landscaping. Council Member Renick moved acceptance with the amendment of adding slab survey to the CUP; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item 8 -Variance Request -Fairfield Inn Council Member Mullins moved to grant the landscape variance as requested.• seconded by Council • Member Renick. The motion passed with all members present votin~aye ". 13 City of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2005 Council Member Mullins moved to grant the variance request on the height• seconded by Council Member Goodgame. The motion passed 4 to I with Council Member Renick opposing Item 12 -Council Appointment Council Member Mullins moved that Ray Goodgame represent us on the Tourist Development• 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 comments. Matt Modica questioned the landscape being inspected on sites. City Manager Saunders explained it is staffs policy to do inspections. Mr. Modica expressed disappointment with the little league having to pay for reconfiguration of the ball fields. Also, he asked Council to not grant any additional grading variances. ADJOURN: With no further comments, the meeting was adjourned at 12:52a.m. tl1t,vi~l~`1~8~ q ~ ,; ~h 1 t~` 1 ~~1 ^ '. f~ ~. n +~ .~ d ~~ P ~ a E § ; ~~ ' 0 3 .~ '`. ' ~~~~ f~ APPROVED: Mayor Harold Turville ATTEST: ~` // Tracy Ackroyd, City Clerk • 14