Loading...
08-09-2005 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING August 9, 2005 •The Clermont City Council met in a regular meeting on Tuesday, August 9, 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 Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES Approval of minutes held July 12, 2005 Council Member Goodgame moved acceptance of July 12 meeting as written; seconded by Council Member Mullins The motion~assed with all members present voting "aye ". Approval of amendment of the meeting held March 8, 2005 Council Member Goo~ame moved acceptance of the amendment to the meeting minutes held on March 8 2005 minutes • seconded by Council Member Mullins. The motion passed with all members present voting "aye ". PUBLIC COMMENTS ill Banzhaf, 931 W. Montrose, spoke on behalf of the Clermont Downtown Partnership. He requested Council consider ways to bring people back in to Clermont. Mr. Banzhaf has rescheduled the First Friday event to August 12 and was told to pay $700 to $1,000 for police protection. He requested the Council help out with the cost. Mayor Turville asked City Manager Saunders to meet with Mr. Banzhaf and make an executive decision. Mr. Saunders stated he received the request to hold the event on the second Friday and approved that. However, he only has authority to provide police protection on the First Friday and suggested coming to Council to request to be reimbursed or waived. It would have to be placed on the next meeting agenda. Jim Purvis, 4206 Hammersmith, thanked the Public Services Department for working diligently on a water break at Kings Ridge for 4 hours on a Saturday night to ensure they had water. REPORTS City Manager Saunders announced the Ground Breaking ceremony for the new South Lake Trail tomorrow at 9:OOam. This is the trail that connects Lake Minneola scenic trail to the West Orange Trail. Also, the next Council workshop has been scheduled for August 25 at 6:OOpm. City Attorney Mantzaris - No Report Council Member Ash attended the Lake County Comprehensive Zoning Plan meeting where they recapped on thjeir accomplishments. • City of Clermont MINUTES REGULAR COUNCIL MEETING August 9, 2005 • ouncil Member Goodgame - No Report Council Member Mullins - No Report Council Member Renick reminded everyone about the Growth Summit to be held at Minneola City Hall at 6:30pm on August I 1 and encouraged all cities in South Lake to attend. Mayor Turville extended his regrets that he would not be able to attend. PROCLAMATION Mayor Turville read the Proclamation aloud declaring Constitution Week for the week of September 17 - 23, 2005. Mayor Turville noted there is one item the applicant has requested to be tabled. Resolution 1430 -The Moorings Council Member Goodgame moved to table Resolution 1430 to August 23; seconded by Council Member Mullins. 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 anyone •ishing to have any item pulled for discussion to please come forward at this time. Item No. 1 -Event Request Request use of Waterfront Park on February 10 & 11 for the South Lake Animal League Annual Tails on the Trail Dog Walk Item No. 2 -Event Request Florida Free Wheelers Horrible Hundred Ride Item No. 3 -Event Request Downtown PartnershipBEG Item No. 4 -Highland Real Estate - Southern Fields Phase I Sewer Impact Fee Credit Item No. 5 -Change Orders 1 & 2 Item No. 6 - Recommendations to Abandon Lakeview Hills Well m No. 7 -Scope of Services Request use of Waterfront Park on Sunday for the 26`x' Annual Horrible Hundred ride on Sunday, November 20, 2005 Request for approval of additional entertainment for the upcoming First Friday Events Approval of Sewer Impact Fee Credit to Highland Real Estate in the amount of $7,972.33 Request approval of a Change Orders 1 & 2 for Diversified Diversified Drilling Corp. Drilling Corp. for the Lakeview Hills Well and Sunburst Lane Well site Request authorization to abandon Lakeview Hills Well Request authorization to accept Scope of Service proposal from City of Clermont MINUTES REGULAR COUNCIL MEETING August 9, 2005 • A Secure America Inc. A Secure America Inc. for the security system for the City's water and wastewater facilities Council Member Mullins moved adoption of the consent agenda; seconded by Council Member Ash. The motion passed with all members present voting "aye ". UNFINISHED BUSINESS Utility Agreement -Fox Chase Darren Gray, Assistant City Manager, reported on the request for sewer services outside of the city limits. The applicalnt is Colony Communities, Inc. and the project is Foxchase, 162 lot residential subdivision with 77.96 acres. The location~is north of Lake Louisa Road, west of Hwy 27 and lies along the corridor of the future South Lake Connector. The property is located within the City's wastewater service area, but not within the water service area. The project has the proper land use and has a PUD zoning with Lake County. The PUD allows for 162 single family units and minimum lot size of 6,600 square feet. This agreement came before the Council last month. At that time, staffs recommendation was to have the property annexed into the City of Clermont and develop to city standards. The reason is due to the land on the east side being contiguous to the city. They have entered into a developer's agreement with Lake County for right of way and storm water retention for the future South Lake Connector Road. The applicant has worked with staff on an agreement and discussed several items concerning the PUD approved by Lake County. The applicant and the staff agreed to lot sizes, setbacks, utility easement and annexation. They have agreed to abide by the conditions as set in the agreement although the applicant may develop under Lake County's current Land Development Regulations. The agreement will be conditioned upon final approval by the Council for the installation of the proposed South Lake Connector wastewater ~llection system as well as annexation to occur when legally appropriate. The project will be developed pursuant to the utilities service agreement. Steve Richey, Esq., was present on behalf of the applicant. He noted the density was reduced from 196 to 162. Furthermore, the right of way and set backs were increased to be more consistent with the City's Land Development Regulations as staff suggested. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the Public Hearing. Council Member Renick requested explanation of the statement made that if the utility request is approved, it would be conditioned upon the South Lake Connector wastewater connection system. City Manager Saunders responded that it has been the City's plan to install a sewer main along the South Lake Connector to serve this area. It's under design and will be placed out to bid the same time the road is placed out to bid and constructed with the road. Until Council approves that bid, there is no sewer line. Mr. Richey noted language in the agreement that states the development shall be served by central water and sewer. It does not indicate Clermont however that would be the intention. If it's unavailable, then under the County rules, thley would be able to develop on central sewer. Mayor Turville stated we are committed to putting that line in there. City Manager Saunders remarked it is not only connections to fund the lines, at this point, we prefer to get as much sever as possible to reduce the demand on potable water. The City has already spent money on the lift station specificallyl,to • City of Clermont MINUTES REGULAR COUNCIL MEETING August 9, 2005 .serve this area. It was calculated in the cost, the payback and impact fees on serving the entire corridor at around 2.5 units per acre. Therefore, it would have a financial impact if Council decided to only serve part of it. The Council has already approved an area to serve beyond this development to the end of the corridor where it connects into Lakeshore Drive. Council Member Ash moved approval o Utility Agreement with Fox Chase; seconded by Council Member Mullins. The motion passed 4 to 1 with Council Member Renick opposing Ordinance No. 346-C -Final Hearing 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. City Attorney Mantzaris noted this is an amendment to the sexual offender's ordinance to add Libraries to the locations from which the 2,500 foot restriction is measured and the other issue applies to individuals convicted of similar Florida Statutes regarding sexual offenses, if they are convicted in other states. Council Member Goodtame moved acceptance of Ordinance 346-C• seconded by Council Member • Mullins The motion passed S to 0 on a roll call vote with all members present votin,~ "aye ". Council Member Goodgame requested citizens contact the County Commission to get on board with us on this issue. Ordinance 524-M -Final Hearing 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. Barbara Hollerand, Planner, reported on an annexation request for Phase II of Southern Fields single family residential subdivision. The applicant is Dan Green, Senior Vice President, of KB Home. The property also has a rezoning application pending that will be heard for final reading at the next Council meeting. The annexation is for 39.08 acres and will be a rezone from Urban Estate to R-1 should the annexation be approved. It is located south of Hartwood Marsh Road, east of Hancock Road and east of Southern Fields Phase I. The property is vacant and has a Lake County Urban Expansion future land use. The County has previously approved this phase for 125 homes at 3.2 homes per acre. The other two (2) also had prior approval in the County to develop at R-3 standards. Phase I was annexed by the City in September 2004 and rezoned R-1 had approval for 139 homes on 49 acres. Phase III is pending annexation under separi#te ownership, has approval in the County for 102 homes on 33 acres. Overall, the acreage, total homes and density on ill phases of Southern Fields will be 366 homes on 121 acres at 3.02 homes per acre. The former property owner entered into a water and wastewater service agreement with the City in May 2003 that allowed future phases of Southern Fieldsto be annexed before any zoning clearances could be issued. Staff recommends approval of the request for annexation. '~, r~ U 4 City of Clermont MINUTES REGULAR COUNCIL MEETING August 9, 2005 • Randy Woodruff represented the applicant to request approval of annexation and concurs with staff's recommendation. Mayor Turville opened the public hearing. Bill Banzhaf requested the Council improve the quality of life and to not cut people off from moving to Clermont. Mayor Turville closed the public hearing. Council Member Mullins questioned whether this is the same KB homes that places illegal signs on Hwy 50. Jeremy Camp with KB Homes said he would check into it. Council Member Mullins moved adoption of Ordinance 524-M• seconded by Council Member Good~ame The motion passed S to 0 on a roll call vote with all members present voting "aye ". Ordinance 526-M-Final Hearing 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. •arbara Hollerand, Planner, reported on an annexation request for the two (2) phases of Hartwood Reserve property. The owner/applicant is Levitt & Sons. The rezoning request will be heard for final reading at the next Council meeting. The request is to annex 160.11 acres located east of the property just annexed. The property is already developing as a single family residential in the county. The applicant has pulled 33 permits with the county and 7 model homes have received a Certificate of Occupancy. The applicant had county approval to develop a single family 325 home subdivision with a density of 2.03 homes per acre. In 2004, the owner and the City entered into a Water and Wastewater service agreement with the condition the City could annex if chosen to do so. The density would remain the same at 2.03 per acre. Staff recommends approval. Chris Roper, Esq., with Akerman Senterfitt was present on behalf of Levitt. They have no objections to the annexation to the extent the City does rezone to R-1 at a later date and make land use consistent with the terms of the utility agreement. Mayor Turville opened the floor for public comments. There were no comments. Council Member Goodgame remarked, upon annexation into the City, he requested fire and police impact fees be paid on those homes already permitted through the County. Mr. Roper remarked the owner did pay impact fees to the County and would not be interested in additional fees. City Attorney Mantzaris noted the City cannot legally require them to do that. Mr. Roper stated Levitt would have to pay the impact fees to the City upon annexation of Phase II which is a larger phi~se with 299 home sites. • City of Clermont MINUTES REGULAR COUNCIL MEETING August 9, 2005 Council Member Mullins moved adoption of Ordinance 526-M,• seconded by Council Member Goodgame. The motion passed S to 0 on a roll call vote with all members present voting "aye ". Ordinance 530-M-Final Hearing 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 condition thereof required a Utility Easement be retained for the City, the purpose of this amendment 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. City Manager Saunders stated the Council approved the closing and abandonment of an old right of way that passed through this property. When Council abandoned the right of way, we retained a utility easement. The property owner h'as asked to relocate that easement to the property line. This ordinance will vacate the easement and the adoption will be subject to the property owner signing the easement. Staff recommends approval. Mayor Turville opened the public hearing. There were no comments. Council Member Ash moved acceptance of Ordinance 530-M' seconded by Council Member Mullins. • The motion passed S to 0 on a roll call vote with all members present voting "aye ". NEW BUSINESS Variance Request -South Lake Hospital Jim Hitt, Planning Director, briefed Council on the variance request for property located north of the Hampton Inn on Highway 50. The applicant is South Lake Hospital requesting to allow for the grading of a parcel without approved construction or development plans. The applicant proposes to grade a parcel adjacent to the running track located at the National Training Center. The South Lake Hospital would like to utilize the excess fill from the construction of Legends Way to balance out the adjacent site that does not currently have a development plan. The site does have a severe topographical slope going from a 180 foot elevation down to a 130 foot elevation. This slope would make the site undevelopable for any proposed uses. The proposed fill will be within the allowable parameters of 15 feet. Provided the applicant had an approved site plan for development, the proposed fill is within the allowable limits and could be approved without a variance along with the site plan. Staff recommends approval. John Moore, 1974 Brantley Circle, was present on behalf of South Lake Hospital. He stated they are actively seeking sports related businesses to locate in that area. Since the change in the elevation of Legends Way during construction, it created excess fill and provided an opportunity to utilize it on site. Mayor Turville opened the public hearing. There were no comments. Mayor Turville noted the applicant is trying to take advantage of the material based on the road elevation that would ~be hauled off and would like to store material on site to compliment elevations associated with property adjacent to the rq~ad cut. '~ r~ LJ 6 City of Clermont MINUTES REGULAR COUNCIL MEETING August 9, 2005 ~r. Moore concurred and remarked the intersection being created during Legends Way construction is a severe elevation change and part of that fill is being used to create that intersection which will allow them to balance the entire site. Mayor Turville inquired if there would be any deviation from the city code. Mr. Moore responded there would not be any deviation. Council Member Mullins asked if the cut and fill would be based on today's elevation. Mr. Saunders confirmed that would be the case. Council Member Ash moved to approve the variance request by South Lake Hospital; seconded by Council Member Goodl?ame The motion passed with all members present voting "aye ". Variance Request -Orion Development Jim Hitt, Planning Director, advised Council the next two (2) requests are for Indian Shores subdivision. The second application was for lot 25 which the applicant recently purchased however it was too late to add to the first application. The first request is to allow for a front yard setback of 25 feet rather than the 35 feet required by code in the R-1-A zoning district for the following lots in the Indian Shores subdivision: 1, 2, 29, 30, 31, 32, 33, 35,40, 41, 44, 46, 49, 54, 55, 56, 59 and 68. The second application is for lot 25. The second variance request is to allow for a side yard setback of 20 f&et rather than the 35 feet required by code in the R-1-A zoning district for the following lots in the Indian ShoiTes bdivision: 1, 32, 33, 44, 56 and 68. The applicant is also the home builder and his intent is to build homes on these !19 ~ts within the Indian Shores subdivision. The same variances had been issued previously for these lots and seven (7) other lots which already have building permits. Variances are valid for one year only. The applicant expects to be sold out by the end of summer 2005. These variances will allow more flexibility in house placement and footprint size. Staff recommends approval. City Manager Saunders gave a brief history of the project. Paul Wolfe, Orion Development, was present to request approval. He commented that no two (2) homes are alike and they only had to remove one (1) tree that was not damaged from the hurricanes since starting construction. Council Member Renick thanked them for doing a good job on this subdivision. Council Member Mullins moved to grant front yard setbacks for lot 25 • seconded by Council Member Renick The motion passed with all members present voting "aye ". Variance Request (2) -Orion Development Council Member Mullins moved to grant variances requested for multiple lots • seconded by Council Member Renick The motion~assed with all members present voting "aye ". Variance Request -Logan im Hitt, Planning Director, briefed Council on a variance request from Jeremy Jones at 114 feet south of the intersection 7 City of Clermont MINUTES REGULAR COUNCIL MEETING August 9, 2005 •f Carroll Street and East Avenue. The variance is to allow fora 1.5 foot side yard building setback rather than the 7.5 foot building setback and a 11 foot rear yard building setback rather than the 25 foot building setback as required by tie City Land Development Code. The garage was originally construction with a 1.5 foot side yard building setback and a 11 foot rear yard setback. As part of the clean up, the detached garage was determined to be unsalvageable and was then demolished leaving the original foundation. The applicant is now seeking a variance to reconstruct a garage in the same location where the original detached garage once stood. Provided the applicant reconstructed within the original foundation of the detached garage, and keeps the detached garage to a single story structure, staff recommended approval. Jeremy Jones, applicant, was present. The house was recently renovated and purchased in March 2005. During renovation, they were going to reconstruct the garage however it was put on hold. At that time, they were told by the builder that he would be able to construct a 2 story garage back in that location. The home is about 980 square feet witlp a 2 bedroom and 1 bath. The applicant had a concept plan that matches the original craftsman style of the home. The size of the structure is the same as the single story garage. The neighboring homes are on a hill and are willing to provide a topographic survey to show where the height of the building would not conflict with any neighboring view. Mayor Turville opened the public hearing. Bill Banzhaf encouraged Council to approve the request for a two story garage which would enhance the neighborhood to bring back the original style of Clermont. Council Member Renick has no problem with the variance request. She questioned whether the neighbors would have been told the height of the garage. ~ity Manager Saunders responded the neighbors would not have been aware of the change from a one story to a two story garage which could make a difference with the neighbors. Staff does not have any opposition to a single story garage. Council Member Renick suggested tabling until receiving letters from the neighbors that they do not object to a two story. City Manager Saunders stated we would have to go through the re-notification process. He questioned the use of the second floor. Mr. Jones responded it would be used as an office space for personal use only. City Manager Saunders voiced concern of it turning into another living unit which is illegal in that area. Staff does not support a two story garage. The Council could grant the variance with a single story or re-advertise with the neighbors then brought back to Council in 30 days with that type of request. Council Member Mullins inquired if there were any plans for plumbing. Mr. Jones replied there are no plans for plumbing. The applicant stated they are interested in constructing a garage and does not want to create a problem therefore they will remain with the original request of a single story garage. Council Member Renick moved approval o~'the variance request• seconded by Council Member Ash. The motion passed with all members present voting "aye ". U City of Clermont MINUTES REGULAR COUNCIL MEETING August 9, 2005 ~rdinance No. 522-M-Introduction Mayor Turville read Ordinance 522-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 522-M,• seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Ordinance No. 523-M-Introduction Mayor Turville read Ordinance 523-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 Mullins moved introduction o~ Ordinance 523-M• seconded by Council Member Goodgame The motion passed with all members present votin,~aye ". ~rdinance No. 525-M -Introduction Mayor Turville read Ordinance 525-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 Mullins moved introduction o~ Ordinance 525-M• seconded by Council Member Goodgame The motion~assed with all members present voting "aye ". Ordinance No. 527-M-Introduction Mayor Turville read Ordinance 527-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 Mullins moved introduction of Ordinance 527-M' seconded by Council Member Goodgame The motion~assed with all members present voting "aye ". ;~ City oJClermont MINUTES REGULAR COUNCIL MEETING August 9, 2005 ~rdinance No. 528-M-Introduction Mayor Turville read Ordinance 528-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 528-M.• seconded by Council Member Goodgame. The motion~assed with all members present voting "aye ". Ordinance No. 529-M-Introduction Mayor Turville read Ordinance 529-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 Mullins moved introduction of Ordinance 529-M.• seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". LJ City Manager Saunders advised Council that he is preparing a positive letter and accepting responsibility on being lane with the monitoring wells. One of the concerns with their staff report was that it made the City sound like we had done nothing as far as meeting conditions of the Consumptive Use Permit. One of the main conditions was to reduce the main per capita use of our water. Mr. Saunders reported the goal given to us was to get the per capita down to 200 by a year and a half from now and staff received information today acknowledging that we are already at 200. Mayor Turville, Council Members and City Manager Saunders discussed options to pump the water out of Center Lake. A portion of roadway has been closed on West Avenue and Eighth Street due to the water overflow. ADJOURN: With no further comments the meeting was adjourned at 8:56pm. ,~f,.; ~ -. ~, Y 4 Y~1~ E4 tYMfa. ATT)~1~ ~ "`r Tr~y:`Ackroyd;, City Cler ` •~r 10 APPROVED: Mayor Harold Turville ~-'.