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03-22-2005 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING • March 22, 2005 The Clermont City Council met in a regular meeting on Tuesday, March 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 Council Meeting held February 22, 2005 Council Member Goodgame moved approval as written • seconded by Council Member Mullins The motion passed with all members present voting "axe ". REPORTS City Manager Saunders scheduled the next Council workshop for April 7 at 6:OOpm. Also he has tried to contact the School board to obtain potential dates for a joint workshop. • City Attorney Mantzaris -No Report Council Member Ash reported the new director of MPO will be meeting with her and City staff to discuss transportation priorities with the City of Clermont. Council Member Goodgame - No Report Council Member Mullins reported the League of Cities discussed House Bill 1521 and Senate Bill 2060 at the last meeting which will significantly change the way CRA funds are dispersed. The cities are opposed to those state bills. The bill would prevent cities from receiving funds for tax increment funding due to Downtown Redevelopment. Council Member Mullins read Resolution 1433 in its entirety which opposes those bills. The title is as follows: A Resolution of the City of Clermont, Florida, urging the Legislature to vote against HB 1521 and SB 2060, in that this Legislation would amend Part III, Chapter 163, Florida Statutes, with the effect of severely reducing the ability of Community Redevelopment Agencies to accomplish their statutory redevelopment tasks. Council Member Mullins moved adoption of.Resolution 1433 • seconded by Council Member Renick The motion passed with all members present voting "aYe „ Council Member Renick - No Report Mayor Turville - No Report • CONSENT AGENDA • City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2005 Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested anyone wishing to have any item pulled for discussion to please come forward at this time. Item No. 1-Plat Approval Summit Greens Phase 2E, Replat Item No. 2 -Event Request Request by the Moonlight Players to sponsor an outside fundraiser on Saturday, Apri123 from 7p.m. -10 p.m. Council Member Mullins moved acceptance of the consent agenda • seconded by Council Member Renick The motion passed with all members present voting "aye „ Mayor Turville advised of the following items that have been requested to be tabled to include: Ordinance 509-M, Ordinance 506-M, Resolution 1429 and Variance Requests for Epic Theater. Ordinance 509-M Council Member Mullins moved to table to Aril 12 • seconded by Council Member Renick. The motion passed with all members present voting "aye „ Ordinance 506-M Council Member Renick moved to table to April 12 • seconded by Council Member Mullins The motion passed with all members present voting "ave " Resolution 1429 Council Member Renick moved to table to April I2 • seconded by Council Member Mullins The motion passed with all members present voting "aye " Variance Request -Epic Theater Council Member Renick moved to table to April I2 • seconded b,~Council Member Mullins The motion passed with all members present voting "ave " UNFINISHED BUSINESS Ordinance 343-C Final Hearing Mayor Turville read Ordinance 343-C aloud by title only. An Ordinance of the City of Clermont amending Chapter 10, "Animals", of the City Code by amending 10-78, "Vaccinations Required", to remove the requirement that animals be vaccinated for rabies on an annual basis, provided that the animal has current vaccination certificate issued by a Veterinarian that has administered a rabies vaccine as approved and licensed by the U.S. Department of Agriculture, providing for severability, conflict, and effective date. City of Clermont MINUTES REGULAR COUNCIL MEETING • March 22, 2005 City Manager Saunders noted the current code requires annual vaccination for rabies. Many veterinarians provide for three (3) year vaccinations. The local veterinarians are in support of the amendment and staff recommends approval. Council Member Goodgame moved acceptance of Ordinance 343-C • seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting "aye " Mayor Turville advised that Ordinance 504-M and Ordinance 505-M will be heard together. Ordinance 504-M Final Hearing Mayor Turville read Ordinance 504-M aloud 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. Curt Henschel, Planner, briefed Council on the annexation and rezoning request. The owner is Kenneth Bosserman. The request is to annex a 17 acre parcel located on the south side of Hwy 50 and east of East Ridge High School. The applicant is also requesting rezoning to C-1 (Light Commercial) zoning. The requested rezoning is not consistent with future land use proposed for that area. Staff believes it would be appropriate for professional office use but not retail. • Staff recommended approval of requested C-1 zoning only with an annexation agreement limiting the parcel to professional office and residential uses only. If Council agrees with staff's recommendation, staff suggested tabling until an annexation agreement is drafted. Cecelia Bonifay, Akerman Senterfitt, was present on behalf of Ken Bosserman. She commented if Council does not want to rezone, then she will withdraw the annexation request. The current land use is Lake County Urban allowing up to 6 units per acre for residential and other urban uses such as commercial. Mr. Bosserman is selling the adjoining property to the Lake County School board which is under contract. As part of the contract, the conditions are the seller will be able to attain both commercial and office uses. Mayor opened the public hearing. There were no comments from the public. City Manager Saunders asked for clarification on the exact current zoning in the County. Planner Henschel confirmed it is R6 zoning allowing residential only. Council Member Renick inquired of staff s recommendation to not allow light commercial. City Manager Saunders noted staff is currently working with County staff on a future land use map for the Joint Planning Area. The current draft limits the property south of Hooks Street to not allow any commercial limiting to professional office and residential only. Council Member Renick voiced concern with allowing residential and suggested limiting to professional office only. • Council Member Mullins concurred with Ms. Renick. 3 City of Clermont MINUTES • REGULAR COUNCIL MEETING March 22, 2005 City Manager Saunders advised Council of the first request staff received from the owner. They met and discussed uses of the first application which was for R-3 residential professional. After Ms. Bonifay became involved, the request changed from R-3 to C-1. The owner was only interested in professional from those initial discussions. Ms. Bonifay responded that she did not persuade the owner to change the request. Council Member Renick moved to table Ordinance 504-M with the suggestion to work out an annexation agreement to limit this to professional office to ARril 26 • seconded by Council Member Mullin~or discussion. Council Member Mullins stated he would like to see the property in the City and for staff and Mr. Bosserman to come to an agreement. The motion passed with all members present voting "aye " Ordinance 505-M Final Hearing Mayor Turville read Ordinance 505-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida amending the • official zoning map of the City of Clermont, referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances; rezoning the real properties described herein as shown below, providing for severability, providing for an effective date and providing for publication. Council Member Renick moved to table to April 26~ seconded by Council Member Mullins The motion passed with all members present voting "aye " Ordinance SIO-M Final Hearing Mayor Turville read Ordinance 510-M aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, adopted pursuant to section 125.01(1)(q), Florida Statutes (1999), consenting to the inclusion of the City of Clermont, Florida, within the County-Wide Municipal Service Taxing Unit for the provision of Ambulance and Emergency Medical Services, as adopted by the Board of County Commissioners of Lake County, Florida; providing for the City to be included within said M.S.T.U. for a specified term of years; providing for severability, providing for an effective date and providing for publication. City Manager Saunders stated the County entered into a County wide Municipal Service Taxing Unit a few years ago with all the cities in Lake County. We adopt this annually due to another agreement with the County where we receive funding from this MSTU to help subsidize advanced life support provided to residents. Staff recommends approval. Mayor Turville opened the public hearing. There were no comments. • Council Member Mullins moved adoption of Ordinance 510-M• seconded by Council Member GoodQame. The motion passed 5 to 0 on a roll call vote with all members present voting "aye , 4 City of Clermont MINUTES REGULAR COUNCIL MEETING . March 22, 2005 NEW BUSINESS Resolution 1430 -The Moorings Mayor Turville read Resolution 1430 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 a Planned Unit Development (PUD) for single family homes. Barbara Hollerand, Planner, informed Council of the request for a Conditional Use Permit for a Planned Unit Development of single family homes. The applicant is Langley Corporate Investments and gave a brief history of the application. The proposed request is to build up to 24 homes at a density of 4 homes per acre. The PUD would enable the applicant to build on lots smaller than the 13,000 square foot minimum allowed in R-1-A. Access to the property would be limited to Lakeshore Drive. The intersection at Lakeshore Drive and Hooks Street is currently under redesign due to safety concerns. The redesign would need to precede the development of the property or occur concurrently. Staff does not support a PUD for the proposed density of 4 units per acre. Staff believes lesser densities are more appropriate. Staff recommends conditions for the CUP specifically section 2, number 1 - proposed a lesser density of 2.3 homes per acre which equates to 14 homes and have included usable land area 13,000 square feet minimum and minimum lot width of 100 feet measured at the building setback and 50 ft. along the property lines. Set back language has also been included. Furthermore, under Transportation improvements, language was added to the Lakeshore Drive/Hooks Street intersection shall be improved/redesigned prior to the issuance of any certificates of occupancy. Randy Langley requested approval of 24 lots and stated he is willing to wait until the South Lake Connector is opened before pulling a permit. Scotty Langley also requested approval from the Council. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, voiced concern with safety as it relates to emergency access and the 5 foot setbacks. Michael Banato owns land adjacent to the property. He is concerned with the requested setbacks and would like it to be built to R-1-A zoning. Fred Line opposed additional homes being built due to increased traffic. Mayor Turville closed the public hearing. Council Member Goodgame commented the original plan was to protect trees on the property however this proposal has not done that. Randy Langley asked for the opportunity to come back with a design of how to fit 24 lots around the trees. Council Member Renick acknowledged she had a conversation with Bill Banzhaf before the meeting where he conveyed to her how great the project is. City of Clermont MINUTES REGULAR COUNCIL MEETING • March 22, 2005 Mayor Turville appreciated his willingness to wait until the South Lake Connector opens. He asked staff to review the number of units allowed at today's standard based on 13,000 square feet and the frontage requirements as it relates to Land Use in section 2. City Manager Saunders reported the way the Land Use is currently written would not allow 50 foot lots on any site plan. Mr. Langley would still have to meet the majority of the R-1-A standards. The setbacks do not meet standards but the lot size and minimum width are with the R-1-A standards. If it is the Councils desire to allow something like he is proposing, staff would have to revise section 2. Mr. Saunders suggested the Council stay with previous practices in having a detailed site plan attached to the CUP made apart of the record. Randy Langley requested to put on the agenda next month. Mayor Turville suggested the applicant present a plan instead of asking for a number of lots. Council Member Goodgame moved to table Resolution 1430 to May 10 to allow the applicant to prepare a more detailed CUP to show the actual numbers residents to put in the development• seconded by Council Member Ash The motion passed with all members present voting "aye ". Mayor Turville called for a recess at 8:48pm; the meeting was reconvened at 9:03pm. • Resolution 1431-Asher Church Mayor Turville read Resolution 1431 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 the operation of a church in the C-2 Commercial District. Curt Henschel, Planner, reported the applicant is Ashers Church Inc. The church is looking to occupy 3,300 sq. ft. at the Citrus Tower Shopping Plaza. In .Tune of 1999, a church obtained a Conditional Use Permit and operated out of the same location. Within the permit, a 24 month time limit was established and staff recommends a 3 year time frame be established for the new proposed church. Tim Mosley, applicant, requested the opportunity to have this church in Clermont and is in agreement with the conditions. Mayor Turville opened the public hearing; there were no comments. Council Member Renick moved to approve Resolution 1431 amending condition 11 to 36 months; seconded by Council Member Ash The motion passed with all members present voting "aye ". Resolution 1432 -Community Health Care Services Mayor Turville read Resolution 1432 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 an adult day care facility in the C-1 Light Commercial Zoning District. City of Clermont MINUTES REGULAR COUNCIL MEETING . March 22, 2005 Curt Henschel, Planner, noted Resolution 1432 is related to the next agenda item for the Variance Request. The owner/applicant is Community Care Health Services. The request for a CUP is to allow an Adult Day Care Facility to be established in the C-1 zoning district at 236 Chestnut Street which is an existing residential structure. There is currently 1,000 sq. ft. of single family residence on the parcel. The applicant intends to renovate the building to operate. The business will require 5 parking spaces. There are four (4) variance requests which are: To allow for grass parking; to allow for a landscape buffer to be 3 feet in width rather than 10 feet in width; to allow fora 9 foot driveway isle rather than standard 24 foot driveway isle, and to allow for 9 foot wide parking spaces rather than the code minimum of 10 feet. Staff recommends paving a minimum of 3 parking spaces and the landscape buffers be landscaped in excess of code. Staff recommends approval of the other two (2) variance requests. Nick Jones, Architect and Member of the Board, explained there is not a need for parking. Clients are dropped off and employees park behind the facility. Rick McCoy addressed options for revising the parking. Nick Jones requested the Council to assess only a single set of fees. • Don Weaver, Board Member, expressed concern with paved parking as it will appear more institutional. City Manager Saunders stated that staff is not opposed to the revised plan of 2 spaces instead of 3. Council Member Mullins maved adoption o~Resolution 1432 • seconded by Council Member Ash. The motion Rased with all members present voting "aye ". Variance Request -Community Health Care Services Council Member Mullins moved to grant all four (4) variances • seconded by Council Member Ash. The motion passed with all members present voting "aye ". Council Member Goodgame moved to waive $500 of fees for Resolution 1432 and variances; seconded by Council Member Renick. The motion was withdrawn. Council Member GoodQame moved to waive site review fees• seconded by Council Member Renick. The motion passed with all members present voting "aye ". Utility Agreement -Sun Dev Properties City Manager Saunders commented on three (3) of the Utility Agreements for a commercial subdivision that has already been approved at the corner of 455 and S. R. 50. The City has agreed to provide utilities for these sites years ago as part of an easement agreement in order to extend Utility lines further east. This puts the City's standard agreement in place for the site. Staff recommends approval. The reason for the separate agreements is because ownership has changed. City of Clermont MINUTES REGULAR COUNCIL MEETING • March 22, 2005 Anita Geraci, Attorney with Gray Robinson, represented all three (3) companies. The client agrees to the terms and conditions and will comply with the Land Development Regulations. Council Member Ash moved ap~7roval of the Utility Agreement for Sun Dev Properties; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Utility Agreement -Harbor Federal Savings Bank Council Member Ash moved approval of the Utility Agreement for Harbor Federal Savings Bank seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Utility Agreement -Discount Tire County Council Member Ash moved approval of the Utilit~greement for Discount Tires • seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Utility Agreement -Imagine Charter Schools City Manager Saunders advised that the Council previously approved the utility agreement for Imagine Charter Schools. One of the conditions in the agreement is to meet the City Land Development Regulations which they have diligently tried. They have not been able to meet the landscape island code. Curt Henschel, Planner, reported they were not able meet the code requirements in the landscape islands which is suppose to be 300 sq. ft. Cecelia Bonifay, Attorney with Akerman Senterfitt, represents Imagine Charter School. The school is on a time crunch to open in August and asked Council to consider approval. Mayor Turville opened the public hearing. Tammy Phelps requested approval as the school is needed. Jim Purvis supported the request and reminded Council the school has been cooperative. Mayor Turville closed the public hearing. Council Member Goodgame inquired about a landscape buffer between the school and Hartwood Pines. John Vanderlay responded that they have agreed with the landowners to give them greenery and fencing. Council Member Mullins requested additional irrigation to provide water to the trees that the black top is blocking. City Manager Saunders commented staff would handle through site review. Mark Adamson, Chastain Skillman, confirmed irrigation is proposed in that area for the grass. City of Clermont MINUTES REGULAR COUNCIL MEETING • March 22, 2005 Council Member Mullins asked to increase the trees. Mr. Adamson agreed that it would be feasible and is willing to work with the City to accommodate the request. Council Member Mullins moved to allow the amendment provided they provide additional water to the trees in the meeting with staff' seconded by Council Member Renick. The motion passed with all members present voting "aye ". Council Appointments Appointment to the Lake Community Action Agency Council Member Mullins moved to have Council Member Renick represent the City seconded by Council Member Ash. 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. Nancy Fullerton representing Friends of Green Swamp gave an update on the Shaker Development. Cindy Barrow commended Council and staff in their efforts to bring relief to the growth in the community. ADJOURN: With no further comments the meeting was adjourned at lO:Olpm q . f i.,~ ~ ud~,,,'~' ' - l , ~ '-' ~^~''. APPROVED: ;, c. ~, ;'~,~ ' ayor Harold Turville 6v <rt;. ATTES C Tracy Ackro d, City Clerk CJ