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06-28-2005 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING • June 28, 2005 The Clermont City Council met in a regular meeting on Tuesday, June 28, 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, Assistant City Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Keith Mullins gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Jim Purvis advised Council Members of the Lake County School Board meeting Thursday, June 30 at 6:00 p.m. Bill Banzhaf, 931 W. Montrose St, commented on Charles Jenkins passing away and asked Council Members to reconsider tearing down Jenkins Auditorium in order to preserve historical buildings in downtown. Mayor Turville stated the City of Clermont works hard in cooperating with the Historical Society to preserve Historical Downtown Clermont REPORTS .City Manager Saunders informed Council he attended the County Commission meeting and it was unanimously voted to move the Joint Planning Area Land Development Regulation forward to a final adoption hearing. Mr. Saunders requested Council Members reserve the week of July 18 specifically July 19, 20, 21 and July 25 for budget workshop meetings in the Council Chambers at 6:00 p.m. City Attorney Mantzaris - No Report Council Member Ash attended the Lake Sumter MPO Long Range Transportation Planning Workshop in Leesburg with Planning Director, Jim Hitt on June 15. They discussed major open road transportation improvements needed by 2025 and priorities for certain intersection enhancements and roadway improvements and construction. The next workshop is in August and public hearings will be held before the plan is finalized. On June 20, Mrs. Ash also attended Lake County's Emergency Management Senior Leadership briefing in Leesburg. Emphasis was on emergencies from last year and steps taken to streamline and improve the efficiency of the emergency management. A recommendation was made to have literature from the State and Red Cross available at City Hall and First Friday. Council Member Goodgame attended a neighborhood watch meeting for Chestnut Street and praised City Manager Wayne Saunders for his efforts in getting the Clermont Police Department and many others in the community together to aid in the clean up along the street. Mr. Goodgame also commended Mr. Saunders for the sidewalks being constructed along Chestnut Street. Council Member Mullins - No Report .Council Member Renick asked the date in which the lawsuit for Chestnut Street would be on the agenda. City Manager City of Clermont MINUTES REGULAR COUNCIL MEETING June 28, 2005 • Saunders informed Council it is anticipated to be on the July 12 agenda. Council Member Renick and Minneola Council Member, Sue Cordova, have put together a letter to get the South Lake Cities together for the Growth Resolution. The letter will be sent to all Council Members in South Lake County which will include a request for each city to appoint a member to act as spokesperson on the panel. The meeting is scheduled for, August 11, 2005 at 6:30 p.m. and will be hosted by the City of Minneola. Mayor Turville praised the efforts of a group of kids from the Methodist Church who got together to work on homes in the South Lake area. Tom Widlund, Sr. Youth Director for the Methodist Church, briefed Council on the group called, Youth Force Clerrrtont. There were 82 students involved and approximately 40 to 50 adults. They worked on eight (8) homes this year totaling over 30 homes in the four (4) year history of the group. Tom extended his thanks to everyone who came together for'this event. Mayor Turville extended thanks and appreciation towards all those that helped. PROCLAMATION Mayor Turville read a Proclamation aloud declaring the 8`h day of November 2005 as the General Election Day for the City of Clermont. The seats up for re-election are Council Member Ray Goodgame, Seat II and Council Member Keith .Mullins, Seat IV. Mayor Turville noted there are a few items on the agenda that have been requested to be tabled. Ordinance 520-M, Ortiz Final Hearing Council Member Mullins moved to table Ordinance 520-M to July 12 • seconded by Council Member Renick. The motion passed with all members present votin,~"aye ". Resolution No. 1442 Tuscany Village Council Member Mullins moved to table Resolution 1442 to July 12 • seconded by Council Member Ash The motion passed with all members present voting "aye ". Variance Request Tuscany Village Council Member Mullins moved to table the Variance request for Tuscany Village to July 12 • seconded by Council Member Goodgame. The motion passed with all members present voting "aye „ CONSENT AGENDA Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested anypne wishing to have any item pulled for discussion to please come forward at this time. n U City of Clermont MINUTES REGULAR COUNCIL MEETING • June 28, 2005 Item No. 1 -Bid Award Bid approval for Lift Stations Renovation from Sp~rco Environmental Solutions in the amount of $143,572.00 Item No. 2 -Accept Proposal Accept negotiated proposal for the Lift Station Electrical Upgrades Item No. 3 -Budget Amendment Request approval to amend the Engineering Department 2005 Budget to purchase office furniture, computer and software for additional staff in the amount of $8150.00 Item No. 4 -Water Impact fee Credit Approval of Impact Fee Credit to Westshore Development fop- Lost Lake Reserve Development utility oversizing in the am~unt of $36,787.60 Item No. 5 -Scope of Work Request authorization to accept Scope of Work proposal from Farner Barley for the Clermont/Minneola Potable Water System Interconnection project Item No. 6. -Scope of Work Request authorization to accept Scope of Work from Boyle • Engineering Corp for the Greater Hills Water Treatment F,lant Expansion project Council Member Goodgame moved adoption of items 1-6 of the consent agenda. seconded by Council Member Mullins. The motion passed with all members present votin~aye " UNFINISHED BUSINESS Variance Request -Governor's Ridge Curt Henschel, City Planner, briefed Council on the variance request from ApplicandOwner Jim Costello that was tabled at the June 14, 2005 Council Meeting. Governors Ridge subdivision will be located north of the Kings Ridge Development and south of Lake Felter. The gated subdivision is a 74 lot single family subdivision located on the east side of Highway 27. The developer has provided adequate right-of--ways within the subdivision and will be developing the right of ways to city standards. Staff supports the variance request for private streets. A signed letter of agreement between, Mr. Robert Fowler, President of the Aberdeen Neighborhood Association in Kings Ridge, Mr. Sy Holzman, President of the Kings Ridge Community Association and Jim Costello, Manager Member, of Governors Ridge was presented to Council Members. The letter summarizes an agreement between the two developments. John Frosier, Florida Land Design and representative for J&J Building and Development, informed Council of heir agreement to fully enclose the southern and eastern boundaries of the subdivision with a decorative 5' high black powder .coated aluminum fence. Initial maintenance of the fence is the developers then it will pass to the Governor's Ridge Homeowners Association. They also agreed to install a screening hedge along the fence on the Aberdeen side of''the City of Clermont MINUTES REGULAR COUNCIL MEETING June 28, 2005 property. The maintenance and irrigation of the hedge will be the responsibility of Aberdeen and the Kings Ridge Community Association. Installation of the fence and hedge will be completed prior to the construction of any homes.:, Mayor Turville commended all parties for working together to form this agreement. Bob Fowler, President of the Aberdeen Neighborhood Association, requested the letter of agreement be introduced into the minutes as received. He thanked the Council Members for tabling the variance request at the June 14, 2005 meeting. It allowed time to resolve the issues with the developers of Governors Ridge. Council Member Ash moved for acceptance of the variance request for Governors Ridge; seconded by Council Member Goodgame. M_ayor Turville recommended to make the agreement part of the records associated with the variance repues for Governors Ridge Council Member Ash concurred to make it a part of the motion. The motion passed with all members present voting "aye ". NEW BUSINESS Variance Request -Grandview Apartment .Curt Henschel, City Planner, briefed Council on Grandview Apartment's variance request for a retaining wall nod to exceed eight (8) feet in height. Ground pressures between building eight (8) and building 10 have created a severe sl~pe that has caused the existing retaining wall to crack in multiple places and move along the ground. Due to urgent sa ety issues for the residents of building 10, a building permit was issued on June 1, 2005 to construct a retaining wall, nolt to exceed eight (8) feet in height. Due to the unique circumstances pertaining to this site and the safety issues involved, staff supports the requested variance for this retaining wall, not to exceed eight (8) feet in height. Mayor Turville questioned the engineering of the new wall. Tamara Richardson, City Engineer, stated she has reviewed the plans for the wall and informed Council the new wall will be built in front of the old wall. The difference in the height will allow for aback-fill to be placed behind the existing wall. She remarked the County has reviewed the structural components of the new wall and will be conducting an inspection. City Manager Wayne Saunders advised Council the construction will be much better this time than on the previous wall. Council Member Goodgame moved for acceptance of variance request for Grandview Apartments; seconded by Council Member Ash The motion passed with all members present voting "aye ". Resolution 1441-Hancock Towne Center Mayor Turville read Resolution 1441 aloud by title only. r: 4 City of Clermont MINUTES REGULAR COUNCIL MEETING • June 28, 2005 A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow for more than four (4) tenants in a building and to allow for a building to occupy more than 20,000 square feet of space. Curt Henschel, City Planner, briefed Council on the request for a Conditional Use Permit in the C-2 zoning district for a shopping center known as Hancock Towne Center. The site is adjacent to the College Station Shopping Center and is currently undeveloped. In July 2001 the developer obtained approval to develop this 11.5 acre parcel for commercial uses. The developer originally had plans to develop the parcel as an eight (8) lot commercial subdivision with individual user on each lot. Now the developer has decided to combine two parcels together and create a 67,200 square foot shopping plaza. Staff recommends approval. Mr. Henschel reviewed three (3) variance requests associated with the Conditional Use Permit. The first variance request is to allow for a grading cut up to 22 feet rather than the maximum 15 foot cut and fill allowed by Section 94-195. Staff recommends denial of the proposed grading cut. The second variance request is to allow for a retaining wall to be locaited along a property line without a landscape buffer as required by Section 94-195 (c) (7). Staff recommends approval. 7'he third variance request is to allow the landscape buffer to be sloped rather than the entire landscape buffer being level as required by Section 118-37 (e). Staff does not support this request. Jimmy Crawford, Attorney with Gray Robinson, was present on behalf of the owners and applicant. Mr. Crawford informed Council the request is a PUD amendment to the existing PUD. They have worked. with staff trying to minimize the number of variances needed and come up with the best site plan needed from an access and development point of •iew. He pointed out to the Council the cause of the variance requests is due to the difference in the grading of the surrounding properties. Council Member Ash questioned the location of the retaining wall. Rick McCoy, McCoy and Associates, pointed out they will need a wall and grading between the two (2) buildings. Jimmy Crawford stated the wall will not be a six (6) foot wall the entire length it will be varied in height not to exceed six (6) foot. Rick McCoy advised the Council they have not completed a detailed grading plan until the Council has expressed their thoughts and given them some direction in which to proceed. Council Member Mullins questioned how the area that exceeds 15 feet affects the wall on the boundary. Rick McCoy informed the Council oftentimes when one change is made it requires others to be made as well in order to comply with ADA requirements. Mayor Turville questioned if a grading plan has been created in regards to the 15 feet. Rick McCoy stated a grading plan was created on the overall site which met the requirements and has been approved but they have not developed a final grading plan on the whole site. .Mayor Turville remarked that the grading plan which was approved was based on separate buildings but none of this side. • City of Clermont MINUTES REGULAR COUNCIL MEETING June 28, 2005 Council Member Mullins asked about the dirt that used to be on the property. Jimmy Crawford informed Council the clay that was removed will be back-filled in. City Manager Saunders advised Council the developer had a previously approved site plan which allowed them to start the grading and are now requesting modification of the plan. Mayor Turville questioned if the material removed from subject area stated on the variance will stay on site. Jimmy Crawford commented it is a balanced grading plan and the material will stay on the site. Rick McCoy informed Council they may have to remove some of the material in order to balance the site out. Mayor Turville asked if the original proposal required any variances. Rick McCoy stated it did not. Council Member Goodgame asked about the size of the hill in question. Planner Henschel advised Council it was approximately 370 feet east and west and 220 feet north and south. ~ity Manager Saunders stated the size is a little more than that of a football field. Council Member Goodgame commented on the level of the surrounding sites and stated it would look better if the whole site was leveled out. Council Member Mullins stated the level of the surrounding sites is not what he originally thought they were going to be. He thinks it would be beneficial for the visibility of the businesses if the building sat higher than the neighbors. Council Member Ash expressed her concern regarding the traffic flow within the site not being clearly delineated and remarked two large buildings would generate more traffic than if you have one store per lot. She is opposed to granting the CUP to allow for two large retail buildings and a cut as large as requested. Council Member Elaine Renick questioned why the developer did not want to follow the original approved plan. Jimmy Crawford stated it was market driven. The demand is higher for the type of use in which the two large retail buildings offer vs. eight (8) small individual buildings. Council Member Renick asked if it was staffs suggestion to continue with the terracing. Mr. Henschel replied that it was. Council Member Ash motioned to deny the CUP to allow for a building to occupy more than 20, 000 square, eet; • City of Clermont MINUTES REGULAR COUNCIL MEETING June 28, 2005 • Mayor Turville passed the gavel to 2"`~ the motion for discussion Mayor Turville stated the original plan was approved without any variances required and he feels the developer needs to continue with that plan and make it work. He is opposed to changing the CUP if it is going to require variances. Council Member Renick concurred with Mayor Turville. Mayor Turville called for the question. Council Member Goodgame questioned the size of the cut they currently have. City Manager Saunders stated it is 20 feet vs. 22 feet. He advised the Council they have the option to approve the CUP and deny the variances. It would be up to the developer to make it work. Jimmy Crawford informed the Council he would like the opportunity to consult their engineer regarding a design that would make it work. The motion to deny Resolution 1441 passed 3 to 2 with Council Member Mullins and Council Member Goodgame votin~ay ". ~ariance Requests for Hancock Towne Center Council Member Ash moved to deny the 3 variance requests for the Hancock Towne Center • seconded by Council Member Renick. The motion passed with all members present voting "aye ". Council Member Mullins asked for discussion stating he is not opposed to the variance if having sloped landscape buffers would allow them to keep the buildings higher. Jimmy Crawford requested to withdraw the variance request applications. The Council~ave the consensus to withdraw the variance re ug ests• Large Scale Amendment Transmittal Hearing - Kings Ridge DRI Barbara Hollerand, Principal Planner, briefed Council on the request stating the amendment is to assign a City Undeveloped District 7 (UD-7) Mixed-Use Classification I future land use to two properties previously annexed into the City. This amendment submittal also includes an applicant-requested map amendment that will assign UD-7 Mixed-Use Classification I land uses to a 10-acre and a 442-acre property previously annexed into the City and will change the future land use designation fora 96-acre parcel from UD-7 Residential to UD-7 Mixed Use Classification L All three properties are proposed for residential-only development. Additionally, a text amendment is included that would update the Mixed- Use Land Use Classifications matrix for UD-7. If amendment is approved at this meeting it will be back to Council for adoption in October. Staff recommends approval. Planning and Zoning Board approved 8-0 Sayor Turville opened the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING June 28, 2005 • Jim Purvis, Kings Ridge resident, questioned why the property needs to be assigned a UD-7 mixed use if the parcel' of land was annexed into the city and approved to market as UD-7 residential. City Manager Saunders advised Council the UD-7 mixed use is a large district and the Kings Ridge DRI was adopted as a mixed use because they have the ability to have commercial and professional office within the Kings Ridge DRI. Council has already approved a Planned Unit Development that governs what can be built on the property. The DRI amendment is required by DCA. The PUD previously approved by Council only allows for residential and the UD-7 mixed use pertaining to the subject area will only allow residential as well. Tom Whitlock, 3773 Glenford Dr, Somerset subdivision, stated he resides at one of the homes directly bordering Vista Royale and has had the opportunity to speak with staff and Lennar Land Development who have satisfactorily answered all his questions. He is not opposed to the amendment. John Percy, on behalf of Lennar Homes, stated that because Kings Ridge is a DRI by State Law they cannot treat them like separate developments. The non-residential uses have been all used up. He re-emphasized the property will only 'be used as residential. Council Member Ash moved approval of the Large Scale Amendment Transmittal Hearing Kings Ridge • DRI ;seconded by Council Member Mullins. The motion passed with all members present voting"aye " Council Member Renick questioned language used in advertisement of the Large Scale Amendment. City Attorney Dan Mantzaris advised caution of the language in the advertisement, the intent of the advertisement is to encourage individuals who are interested in the project to gather information. Ordinance 344-C Introduction Mayor Turville read Ordinance 344-C aloud by title only. An Ordinance of the City Council of the City of Clermont amending Chapter 26, "Elections", of the City code by Amending Section 26-4, "Adoption of State Election Code Provisions and Creating New Section 26-11, "Early Voting" providing for codification severability, conflict and effective date. City Manager Saunders advised Council that early voting allows the community to vote prior to Election Day. The Ordinance allows the City to opt out of early voting for a City only election. He informed the Council the cost would be approximately $11,000 which would double if a Primary election was required. Mayor Turville suggested waiting a year or two to evaluate the turn out of early voters during City only elections. Council Member Goodgame moved to introduce Ordinance 344-C; seconded by Council Member Mullins. • r1 U City of Clermont MINUTES REGULAR COUNCIL MEETING June 28, 2005 Council Member Mullins stated absentee ballots should be sufficient for City only elections Council Member Renick remarked on the problems that occurred during the 2004 Elections at City Hall and questioned if early voting could take place at an alternate site. Council Member Goodgame advised Council the residents he spoke with during the early voting dates commented they would not vote early again due to the polls being empty on Election Day. Council Member Ash pointed out to Council the differences in the polling. lines from year to year regardless of the availability of early voting and suggested the City needs time to figure out if early voting is working. The motion to Introduce Ordinance 344-C passed 3 to 2 on a roll call vote with Council Member Ash and Mayor Turville votin~nay" Ordinance SII-Mlntroduction Mayor Turville read Ordinance 511-M aloud by title only. An Ordinance of the City of Clermont, Florida, amending the comprehensive plan for the City of Clermont, Florida, pursuant to the local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by • adopting a text change to allowable uses in Undeveloped District 7 and a corresponding future land use map change; setting forth the authority for adoption of the Comprehensive Plan Amendments; setting forth the purpase and intent of the Comprehensive Plan Amendments; establishing the legal status of the Comprehensive Plan Amendments; and providing for severability, conflict and effective date. Council Member Mullins moved to introduce Ordinance Sll-M seconded by Council Member Good~ame. The motion passed with all members present voting "aye ". ADJOURN: With no further comments the meeting was adjourned at 8:49 p.m. APPROVED:.. - -- M oy r Harold Turville