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07-26-2005 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2005 ~he Clermont City Council met in a regular meeting on Tuesday, July 26, 2005 in the Council Chambers at Ci Hall. ty 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 Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES Council Meeting Minutes of June 8, 2005 Council Member Goodgame moved approval as written; seconded by Council Member Mullins The motion passed with all members present votin~aye ". PUBLIC COMMENTS None REPORTS City Manager Saunders reported the County Commission approved the JPA Land Development Regulations as ~troduced. Lake County will be revising their Comprehensive Plan this year and has set up a series of meetings for the blic to provide input. The first meeting will be held on August ls` at Lost Lake Elementary at 6:30pm. Lake County provides grant funds for recreation projects annually. The City will apply for two (2) this year for $13,000 for improvements to various playgrounds and $20,000 for lighting improvements to Bishop Field. He requested Council approval to have the Mayor execute the agreements and send back to Lake County for approval. Mr. Saunders recommended approval with removal of Section 6 titled "Use of Project". This has been discussed with the County Commission and Cindy Hall, County Administrator. Council Member Ash moved to approve the documents with amendments; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". City Attorney Mantzaris - No Report Council Member Ash reported on the Lake Sumter MPO meeting on July 13. They will be applying for funding from the state to widen Hartwood Marsh Road since the money originally set aside for it was pulled back by the State. Also discussed the U.S. 27 access management survey and will examine every median cut, driveway and intersection to determine what needs to be done to make it safer for traveling. Council Member Mullins - No Report Council Member Renick reported that Lake County is trying to get assistance to become designated as a pilot county. DCA has a program in helping counties develop educational facilities element for the comprehensive plan. r1 U City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2005 • Council Member Renick moved to have sta write a letter om the Ci o Clermont• seconded b Council Member Mullins. Council Member Ash asked for clarification. Council Member Renick noted it is for direction for DCA to help write a portion of the comprehensive plan. The motion passed with all members present voting "aye ". Council Member Goodgame reported on Lake County voting to proceed with a Library at Lake Sumter Community College. The existing Library in downtown will be maintained. PROCLAMATION Mayor Turville read Firefighter Appreciation Month Proclamation aloud. CONSENT AGENDA 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 -Safer Grant Approval for grant request for additional Fire Department Personnel Item No. 2 - Nextel Agreement Approval of use of SR 50 water tank for cellular antenna Council Member Goodgame moved to approve the consent agenda; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". UNFINISHED BUSINESS Foxchase Utility Agreement City Manager Saunders advised Council that staff is in the process of completing an annexation agreement for this property and requested tabling to August 9, 2005 Council Member Goodgame moved to table to August 9 meeting: seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Ordinance 345-C Final Hearing Mayor Turville read Ordinance 345-C aloud by title only. An Ordinance of the City Council of the City of Clermont, Florida, relating to the residences of sexual offenders (those convicted of a violation of Section 794.011, Section 800.04, Section 827.071, or Section 847.0145, Florida Statutes, regardless of whether adjudication has been withheld, when the victim of the • offense for which the conviction resulted was less than sixteen (16) years of age at the time the offense City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2005 • was committed) within the city limits of the City of Clermont; rovidin for le islative findin s an P g g g d intent; providing for a prohibition against certain sexual offenders from living within the City of Clermont when their residence lies within 2,500 feet of specified locations (schools, day care centers, public parks, playgrounds, and churches or other places used for religious assembly); providing for applicability and effect upon current residents; providing for severability; providing for conflicts; providing for penalties; providing for codifications; and providing for an effective date. Council Member Good~ame moved acceptance of Ordinance 345-C as read • seconded by Council Member Mullins. City Attorney Mantzaris explained this ordinance restricts residents who are sexual offenders to not live within 2,500 feet of schools, day care centers, public parks, playgrounds and churches. There is an amendment to this ordinance to be considered for introduction later in the agenda. It deals with adding Libraries and provides for the ordinance to apply to other states and relocation to Clermont. Mayor Turville opened the public hearing; there were no comments. Mayor Turville closed the public hearing. The motion passed S to 0 on a roll call vote with all members present voting "ave " Ordinance 499-M Final Hearing ~ayor Turville read Ordinance 499-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. Jim Hitt, Planning Director, stated there are four (4) items associated with Hancock Commons being the annexation, rezoning, and Conditional Use Permit and variance requests. Mayor Turville stated that all four (4) items will be heard collectively. Ordinance 521-M Final Hearing Mayor Turville read Ordinance 521-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. NEW BUSINESS Resolution 1443 LJ City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2005 • Mayor Turville read Resolution 1443 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 a commercial development to include restaurants and retail stores. Variance Requests -Hancock Commons Planning Director Hitt reported on Hancock Commons. The applicant is Cecelia Bonifay and the owner is Hancock Commons LLC requesting annexation of 13 acres located on the south side of Hwy 50 and east of Hancock Road. The existing land use is currently vacant. The future land use designation is Lake County Urban. The existing zoning is Lake County CP -Planned Commercial. Since all properties enter the City with UE, Urban Estate residential zoning, the applicant is also requesting rezoning to PUD (Planned Unit Development). This 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 as a shopping center including retail and professional office. The proposed use is appropriately located and complementary to surrounding uses. Staff supports the requested annexation. Ordinance 521-M is the rezoning from UE Urban Estate to C-2 General Commercial. The property is adjacent to City utilities. With the prior zoning and future land use of county commercial, staff supports the request for rezoning to C-2 General Commercial. The Planning and Zoning Board recommended approval of annexation and rezoning and staff recommended approval of zoning to C-2 General Commercial. Resolution 1443 is a request for a Conditional Use Permit in C-2 district to allow for a retail shopping center. Planning and Zoning Board and staff recommended approval of the CUP. The applicant is also requesting two (2) variances to go along with this. One is to allow for a grading cut and fill up to 24 feet rather than the maximum 15 foot cut and fill required by Section 94-195. The second request is to allow half of the landscape buffer to be sloped rather than the entire landscape buffer being level as required by Section 118-37 (e). The existing topography creates a hill top within the project that would make development unsafe and impractical. The area of the 24 foot cut covers approximately 10% of the overall sight. The applicant feels this cut is necessary to prepare the site for a safe, feasible commercial village development. Staff believes the developer has demonstrated that they are working with the existing topography by terracing the main buildings along the south and creating diverse finished floor elevations for the out-parcels along Hwy 50. Staff supports the request fora 24 foot cut. The applicant is also requesting a variance for the landscape buffers. The city code requires all landscape buffers to be flat and level. The variance request is to allow half of the required landscape buffer to be sloped to a maximum 3 to 1 slope, and the remaining to be flat and level. The overall sight will retain more of its topography and is less affected by grading. Staff does support this variance request. Cecelia Bonifay, Esq., with Akerman Senterfitt was present on behalf of Trycon. Ms. Bonifay briefed Council on the history of the project. Scott Gentry, Project Engineer, 1700 N. Orange Avenue, Orlando, gave an overview of the grading request. • 4 City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2005 ~ayor Turville opened the public hearing. Harold Democker, 2718 Pine Shadow Lane, lives in Hills of Clermont which is to the rear of the proposed site. He liked the project and requested additional buffer. Mayor Turville closed the public hearing. Council Member Renick stated she has no problem with a sloped landscape buffer. She recommended amending the code instead of an applicant having to go through the variance process. City Manager Saunders remarked that request could be added as an amendment to the code and brought back to Council. Council Member Mullins inquired whether staff requested the applicant to go back to the drawing table when in excess of city code. City Manager Saunders noted that several changes have been made after several meetings with staff to get to this point. Council Member Renick prefers the code maximum of 15 foot. Council Member Ash questioned the area in excess of 15 feet. Ms. Bonifay explained the 7-11 Convenience Store affected this site. It was given a slope easement on this property site and the cut is the reason for a high portion on this site. ~r. Gentry stated the amount of area in excess of 15 feet is 1.92 acres which is approximately 14% of the site. Council Member Ash asked for further clarification of the easement and exactly what was done on this property as it relates to the variance. City Manager Saunders stated when doing construction, the site was cut down and in order to do that, the other property owner allowed them to come onto their site and create a slope. Council Member Goodgame inquired if any additional soil could be brought in to raise the entire site up to not have a severe cut. City Manager Saunders pointed out if the east end of the site was brought up, they could eliminate much of the 9 foot cut. Council Member Renick remarked the site has limitations and cannot fit it all on that site. Mr. Gentry stated that density had been removed to make the site work. Council Member Mullins expressed concern with grading. Mayor Turville proclaimed his only issue is with the cut. Ms. Bonifay advised Council, at the request of the owner, to continue all items related to Hancock Commons for 30 days. • City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2005 • Council Member Ash moved to table Ordinance 499-M to Au ust 23 • seconded b Council Member GoodQame. The motion passed with all members present voting "ave „ _Council Member Ash moved to table Ordinance 521-M to August 23• seconded by Council Member Good~ame. The motion passed with all members present voting "aYe „ Council Member Ash moved to table Resolution 1443 to August 23 • seconded by Council Member Goodgame. The motion passed with all members present votingave " Council Member Ash moved to table variance requests for Hancock Commons to August 23 • seconded by Council Member Good~ame. The motion passed with all members present voting "ave " Resolution 1444 Mayor Turville read Resolution 1445 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 Central Business District. Curt Henschel, Planner, briefed Council on the request for a Conditional Use Permit. The owner is Kim Patiery, Clermont 8, Inc. and the applicant is Florida Conference of Seventh Day Adventist. The applicant intends to establish a church out of an existing 4,300 square foot building in the Central Business District. The church proposes to have 30 seats for services that will operate Saturday afternoon and have youth meetings Tuesday, Wednesday and Friday evenings from m to 9pm. Currently the building is vacant and is located at 738 8`h Street. The prior business formerly known as ntiqua Furniture operated with a Conditional Use Permit for a building with more than 3,000 square feet. The owners of the building renovated the interior and exterior of the building about 2 years ago and would like to keep up the appearance by keeping the building occupied. This location would serve as a satellite extension to the applicants existing church in Mount Dora. The applicant believes this will be a temporary location, and is requesting a three year time limit to operate out of 738 8`'' Street. Staff has concerns over parking accommodations with the limited number of on site parking spaces. Staff also has concerns about the appropriate use of a church occupying a retail store front in the downtown. redevelopment area. The applicant has acquired a parking agreement with the First United Methodist Church and the hours of operation do not occur at peak business hours. Staff recommends approval. The Planning and Zoning Board suggested a two (2) year time limit and the applicant accepted. Don Sweeney, 6842 CR 562, was present to represent the applicant. The church has looked for alternative opportunities to expand at various locations. An agreement has been worked out with the Methodist Church on parking. The church will bring people to the downtown area. Mayor Turville opened the public hearing. Bill Banzhaf, 931 W. Montrose, President of Clermont Downtown Partnership, pointed out the members are disappointed that it is not a retail establishment and is concerned with parking and the church being next to a restaurant during the hours of outdoor entertainment. Mayor Turville remarked it is not unusual for a church to use commercial property. There is language to not disagree with the neighbors. • City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2005 Mr. Banzhaf stated he is looking forward to working with the church and becoming a member of the Downtown Partnership. Mr. Sweeney clarified the service will begin on Saturday morning from about gam to 1 or 2pm. Council Member Ash voiced concern with adequate parking on First Fridays. Mr. Sweeney remarked that he spoke to the Methodist Church and they stated evenings were not going to be a problem and the church plans to be actively involved with First Fridays. Mayor Turville noted the streets are closed on First Fridays anyway. Council Member Renick moved acceptance of Resolution 1444 or two (2) years • seconded by Council Member Mullins. The motion passed 4 to 1 with Council Member Ash voting "nay " Mayor Turville called for a recess at 9:OOpm; the meeting reconvened at 9:15pm. Resolution 1445 Mayor Turville read Resolution 1445 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional • Use Permit to amend Resolution No. 1177 to allow for a Planned Unit Development (PUD) with zero lot line setbacks and to allow for a parcel that does not have right-of--way frontage. Curt Henschel, Planner, reported on the requested Conditional Use Permit to amend Resolution 1177 to allow a commercial shopping center with up to 202,500 square feet of retail and five outparcels. The applicant is Jeff Icardi with Shops of Hancock LLC, more commonly known as Target Shopping Center. This amendment is to allow the applicant to establish a separate parcel within the Planned Unit Development that would not typically be allowed per current city code. The applicant has decided to sell off the retail shops adjacent to the Target Super Center. In order to accomplish this, a lot line would have to be established between the Target building and the remaining retail shops. This property line would have a zero lot line setback, no landscape buffer, and no right of way frontage along Hwy. 50. The applicant is not requesting any building alterations or additions to the existing site. Staff recommends approval. City Manager Saunders added they are trying to clear a title for this one (1) portion because it would technically be a non- conforming use without that approval. The applicant is not proposing any changes. Mr. Henschel clarified the 202,500 is the correct number in the existing resolution when adopted for the Target Super Center. There is no proposed expansion to the building. Jeff Icardi, Attorney, representing Shops of Hancock was present. He gave a brief history of the project and requested the Council grant approval. Mayor Turville opened the public hearing. • City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2005 ~m Purvis, 4206 Hammersmith, questioned whether this was an intentional oversight. Mayor Turville closed the public hearing. Mr. Icardi stated his client is a long term investor and is interested in keeping the property long term. This resolution will clear up the issue with financing and addresses any casualty issues. The parking as set forth is a platted lot to conform to retail use. It is in compliance with the parking regulations. Mayor Turville questioned the water retention. Mr. Icardi replied it is part of the whole subdivision that is a common water retention system of which all the lots in the subdivision have rights to it. City Manager Saunders stated that he is in the same situation as the other out-parcels where they are apart of the common retention system and there is no difference. Furthermore, there is nothing changing; this is only a title change. Council Member Goodgame inquired if there is a common maintenance contract on the parking lot. Mr. Icardi confirmed that one of the owners becomes the "operator" and their responsibility is to maintain the common areas. Council Member Goodgame questioned if they have a common insurance policy. ~r. Icardi confirmed that liability insurance for the parking area is under one (1) policy. Council Member Renick asked Attorney Mantzaris if there were any drawbacks to approving this request. Attorney Mantzaris stated it is only a change in paperwork. City Manager Saunders concurred and noted nothing is changing from the original CUP requirements. Council Member Ash moved to approve Resolution 1445: seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Onyx Agreement City Manager Saunders stated the City will take over garbage collection for the entire City however it will take several months to implement. He recommended a new agreement with Onyx for the interim period at a price reduction. Mr. Saunders pointed out one change requested by Onyx of a rate change of .77 to total $12.31 instead of $11.54. They will pick up items that are placed outside of the can and it will save money in the interim for the City. Mayor Turville opened the public hearing. David Outlaw suggested including a base line in the agreement for the calculation of the fuel surcharge. r. Sicari, Manager for Onyx noted he is in charge of pick up within Lake County. Progress has been made in the last City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2005 • ar and has worked closely with Preston Davis. Mayor Turville closed the public hearing. City Manager Saunders commented to Council that it is not necessary to add anything into the agreement. Council Member Ash moved approval o~vx Agreement• seconded by Council Member Goodgame The motion passed with all members present voting "aye " Millage Rate Mayor Turville stated there will be a tax increase as the adopted millage generated more dollars last year even though the millage rate is the same. This is due to new houses generating additional money. The proposed millage rate will be 3.729 which will be the fifth year of maintaining that rate. City Manager Saunders advised Council this is not an adoption of the millage rate. This is to forward the rate to Lake County Tax Appraiser who will send notification to residents with this proposed millage rate. The Public Hearings will be in September for the adoptions. Mayor Turville noted the City cannot raise the rate later once submitted to Lake County; the rate could only decrease. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved to notify the Tax Appraisers O ice o the proposed milla a rate of 3 729 for the coming year; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Ordinance 346-C Introduction Mayor Turville read Ordinance 346-C aloud by title only. An Ordinance of the City Council of the City of Clermont, Florida, amending sec. 42-16 "Prohibited Residences for Sexual Offenders" of the Clermont city code to add Libraries to the list of specified locations and to restrict individuals convicted of Sexual Offenses in states other then Florida; providing for applicability and effect upon current residents; providing for severability; providing for conflicts; providing for penalties; providing for codification; and providing for an effective date. Council Member Goodgame moved to introduce Ordinance 346-C; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Ordinance 530-Mintroduction Mayor Turville read Ordinance 530-M aloud by title only. An Ordinance of the City of Clermont, Lake County, Florida, amending Ordinance No. 503-M which closed and permanently abandoned certain platted roadway as described in Ordinance 503-M and as a 9 City of Clermont MINUTES REGULAR COUNCIL MEETING July 26, 2005 condition thereof required a Utility Easement be retained for the Ci the u ose of this amen h', p rp dment being to replace the Utility Easement as provided in Ordinance No. 503-M with the Utility Easement described herein; repealing all Ordinances in conflict herewith, providing for severability; providing for publication and providing for an effective date. Council Member Mullins moved introduction of Ordinance 530-M• seconded by Council Member Goodgame. The motion passed with all members present votingaye " Ordinance 524-Mlntroduction Mayor Turville read Ordinance 524-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. Council Member Mullins moved introduction of Ordinance 524-M• seconded by Council Member Goodgame. The motion passed with all members present votins~aye " Ordinance 526-Mlntroduction Mayor Turville read Ordinance 526-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. Council Member Mullins moved introduction of Ordinance 526-M• seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Jim Purvis asked the Council to appoint a member to attend the School Board meetings. Mayor Turville remarked the Council had not discussed and will agenda at the next workshop. Mayor Turville stated the Council needs to have a delegate on August 11 for the Growth Summit hosted by the City of Minneola. Council Member Goodgame moved to have Ms. Renick represent the City at that meeting• seconded by Council Member Mullins. The motion passed with all members present votin,~aye ". ADJOURN: `With no further comments the meeting was adjourned at 10:07pm. kti~ow.,H.~~ ~ ,. ~.. ,,k ` .,`'d APPROVED: Q_ _- /i~~~ \.`~ , ' ~ y~. Mayor Harold Turville AF~~: _ ,, -,~ Z ~.~ ~ ~k~royd, City Jerk . ~4'~t K ~, w ~S. 4 ,~ .~: .i • ~,~~M ~l ~~ tiye~ aq` s ,- r '~, fii ~ ~. ~ ~~e ~..,,,