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08-23-2005 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2005 he Clermont City Council met in a regular meeting on Tuesday, August 23, 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 Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES City Council Meeting Minutes held July 26, 2005 Council Member Goodgame moved approval o July 26 minutes as written; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". City Council Meeting Minutes held August 9, 2005 Council Member Renick noted a correction in the 2"d paragraph of page 8. Council Member Goodgame moved approval based on correction; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". .PUBLIC COMMENTS Jim Purvis, 4206 Hammersmith, advised Council that Council Member Goodgame accompanied him to the Lake County School Board meeting and thanked him for his support on behalf of the citizens of Clermont. Lori Kirkland, 1308 Ryan Street, spoke on behalf of the East Seminole Neighborhood Watch Group. She commented on the long term problems in the neighborhood and requested the City take extra effort to keep the area in good condition. She passed out pictures of the area and asked for the current status. Mayor Turville remarked that her questions would be addressed during reports. Martin Shaffer requested Council support the Fair Tax Program HR 25. REPORTS City Manager Saunders reminded Council of the next scheduled workshop to be held on August 25 with the main purpose to hear proposals from the top 3 architectural firms that have been selected. The dates for the special meetings for the adoption of the millage rate and budget will be on September 8, 2005 and September 15, 2005. City Attorney Mantzaris responded to the questions from Ms. Kirkland regarding Chestnut Street. We had received information from the Police Department regarding several locations in that area with assistance from Ms. Kirkland who helped identify some of the properties we felt were the most serious offenders based on the Police Dept. records. Staff has conducted title searches and found out there is an existing code enforcement lien on one of the properties. Before moving City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2005 .further, staff wanted to ensure they have the ability to enforce code enforcement liens. Last Wednesda it was brou ht Y~ g before the Code Enforcement Board and received authority to pursue the lien as well as move forward on the abatement action that was done. Staff has prepared a complaint and should be filed as soon as receiving additional documentation from the Code Enforcement office to attach to it and should be filed by the end of the week or early next week. One of the owners of the property has expressed a willingness to address the situation. City Attorney Mantzaris and Assistant City Manager Gray will meet with that property owner soon. Staff is moving forward to try to resolve these issues. Council Member Ash attended the MPO meeting and reported they received a $3 million dollar grant for the widening of Hartwood Marsh Road. She also attended the MPO workshop where they addressed priorities of unfunded road work. They ranked important road work needing to be done dependant upon growth throughout Lake County particularly the Minneola area. The ranking will be distributed once complete. Council Member Goodgame attended the County Commission meeting last week. Jim Stivender reported on the road program for Lake County. Mr. Saunders spoke with him in regards to placing Hwy 50 high on the unfunded priority list of roads. The intersection of Hancock and Hwy 50 right turn lane was also discussed. Council Member Mullins reported on the League of Cities monthly meeting where the topic was the sexual predator's ordinance on a county wide basis. The County's group of attorneys is studying the issue as they are cautious of legal ramifications. Council Member Renick remarked on the letter she asked Council to send to DCA to be chosen as a pilot county for the comp plan and advised that Lake County was chosen. The Growth Summit hosted by Minneola was a success. It was suggested to have two (2) members representing each city in case the other representative cannot attend the meeting. The ~ext meeting will be the end of September and Minneola has agreed to continue to host the meetings. Mrs. Renick questioned when the next workshop would be scheduled for the Winona Bridge. City Manager Saunders replied that a date has not been set. Staff is awaiting the final report from consultants and expects to have it in the next few days. Staff will have the report at the next Council meeting of which a meeting date can be set at that time. 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. I -Task Order No. 9 -Boyle Engineering Approval of Task Order for design of upgrades to the standby power system at Police Department Staff pulled item 1, om the a eg nda. Item No. 2 Contract Approval Request approval to enter into a contract with EEG (Executive EEG Events Group) for the Light Up Clermont Event, Hometown Holiday Celebration Council Member Mullins moved approval of the contract with EEG: seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2005 ~ayor Turville noted there are items that have been requested to be postponed to a future meeting. Items 1 and 2 of unfinished business associated with the Bosserman property has requested to be tabled to September 13. Item 1 Ordinance 504-M Final Hearing -Bosserman Item 2 Ordinance 505-M Final Hearing -Bosserman Council Member Goodgame moved to table items 1 and 2 of unfinished business to September 13 seconded by Council Member Mullins. The motion passed with all members present voting "ave " Mayor Turville noted items 1 and 2 of New Business have requested to be tabled. Item 1 was not properly posted. Item 1 Variance Request -Tower Medical Council Member Goodgame moved that item 1 be postponed to September 13; seconded by Council Member Mullins. The motion passed with all members present voting ave ". Item 2 Variance Request -Walden City Manager Saunders noted the applicant requested this item be tabled to September 27, 2005. Council Member Goodgame moved that the Walden Variance Request be tabled to September 27• seconded by Council Member Mullins. The motion passed with all members present voting "ave ". UNFINISHED BUSINESS Item 3 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. Jim Hitt, Planning Director, reported on a request for a Conditional Use Permit for a Planned Unit Development. Langley Corporate Investments is proposing to develop a 14 home, single family residential subdivision. The applicant's variance request for a PUD for a parcel less than 10 acres was granted by the City Council on February 22. The existing zoning is R-1-A single family low density residential of approximately 6 acres. It is located at the northeastern shore of Lake Minnehaha and west of the intersection of Lakeshore Drive and Hooks Street. The existing land use is vacant and the future land use district is Established Residential District - 1 (ERD-1). The future land use classification is residential. The applicant has resubmitted plans for this development reducing the number of lots to 14, which results in an overall density of 2.33 dwelling units/acre. This density is in accordance with the existing ERD-1 zoning which allows up to 4 dwelling units per acre. There are three code requirements that the applicant cannot meet according to the Land Development Code, and are part of the PUD request for the site. These requested changes for the PUD are the minimum lot width at the building setback line is 70 feet for all lots and the minimum street or road frontage is 45 feet for lots 5, 6, 7, 8, 9, & 10. A second request for front yard setback is 30 feet for all lots. U City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2005 ~he purpose of a Planned Unit Development, according to Sec. 122-311 of the Ci Land Develo ment Code i h' p s to encourage imaginative approaches to community planning and to provide for the preservation of natural features and scenic areas. This provides for a reduced number of lots compared with earlier versions. However, the plan does not provide for any innovative design or layout to preserve the natural environment. Smaller lot clusters and preservation of open space for the location of tree clusters has not been accomplished. The applicant has provided a plan that more closely resembles a typical R-1-A development with one street and lots on either side, which does not fully justify the utilization and diversity available to them for a PUD. Staff recommends a 30- day postponement to continue to work with the applicant if they pursue the PUD; otherwise staff recommends denial of the Conditional Use Permit for a Planned Unit Development. Mr. Hitt noted in relation to the PUD, on page 3 of the Resolution, staff has recommended removing number 1 under section 4 titled Transportation Improvements. Staff recommends the Lake Shore Drive and Hooks Street intersection improvements be omitted due to reducing the number of lots on the site. Cecelia Bonifay, Esq., Akerman Sente~tt was present on behalf of the applicant. The owner of the property is now Moorings of Clermont, LLC and the developer will be Bryan Brewer Development. The number of houses has been reduced and has tried to preserve a number of trees on site. Ms. Bonifay is not in agreement with staff's recommendation stating this is a zoning decision at this point which still has to go through the subdivision review process. She requested to do less of a radius in the cul-de-sac and a smaller amount of right of way. Chris Roper, Esq., Akerman Senterfitt passed out a revised Resolution 1430 with proposed changes ~haunce Wallace, Civil Engineer, was present to elaborate on the tree preservation of the site. With the present plan, only hree (3) trees will be removed. Mayor Turville opened the public hearing. Bill Banzhaf, 931 W. Montrose Street, spoke in favor of developing the site. Mayor Turville closed the public hearing. Mayor Turville asked City Manager Saunders to explain staffs recommendation. Mr. Saunders briefed Council on the history of the site. They are close to accomplishing the task of saving the trees however staff does not feel what they have presented accomplishes everything. The City Engineer requested a topographic layout of the site due to concern with having 50 inch oaks at close proximity to the houses. Staff suggested more information to be able to fully support the request. The other changes proposed in Resolution 1430 are significant which were not properly advertised therefore staff does not agree to the change requests at this meeting. Mayor Turville questioned if the City has ever required a common lot line wall. Mr. Saunders responded that it is not a requirement. Staff may not support a requirement for those walls; it would have to be looked at by the Engineering Department as part of the final site plan development in finding the best method for handling storm water. • City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2005 ~ayor Turville inquired if the radius reduction request in the cul-de-sac was properly advertised. Mr. Saunders remarked there has not been any prior notification on the request for reducing the cul-de-sac or private streets. Any difference in a zoning category where a PUD is being considered has to be stated. Mayor Turville questioned the distance between each driveway within the cul-de-sac. Ms. Bonifay stated there is enough space for emergency vehicles. Mr. Saunders estimated lot 7 radius is 47 feet with 8 feet on each side to the property line with 15 feet between the two (2) driveways. Council Member Renick commented this item should be tabled to give staff time to review the changes requested. Council Member Renick moved to table for 30 days; seconded by Council Member Goodgame. Ms. Bonifay requested tabling to the next meeting instead of 30 days. Brian Brewer stated they are saving as many trees as possible and requested tabling to the next meeting. Council Member Goodgame called for the question. Council Member Renick amended the motion to change it to the 9/13 meeting; seconded by Council • Member Goodgame. The motion passed 4 to 1 with Council Member Ash opposing. Mayor Turville stated the next four (4) items will be heard collectively as they are all associated with Hancock Commons. Item 4 Ordinance 499-M Final Hearing -Hancock Commons Mayor 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. Item S Ordinance 521-M Final Hearing -Hancock Commons 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 Chapter122 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. Item 6 Resolution 1443 -Hancock Commons City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2005 • A Resolution of the City Council of the City of Clermont, Lake Coun ,Florida, rantin a Conditional h' g g Use Permit to allow for the construction of a commercial development to include restaurants and retail stores. Item 7 Variance Request (2) -Hancock Commons Jim Hitt, Planning Director, provided the staff report of all items associated with Hancock Commons. The applicant is Cecelia Bonifay and the owner is Hancock Commons LLC. The future land use designation is Lake County Urban and the existing zoning is Planned Commercial. This property is a 13 acre parcel located along the south side of Hwy. 50 and east of Hancock Road. All properties enter with UE, Urban Estate, residential zoning, the applicant is also requesting zoning to a PUD. This property is surrounded by the City of Clermont and is appropriate for annexation as an infill parcel. The owner has a master plan to develop the property as a shopping center including retail and professional office. To the south of the property is Greater Planned Unit Development including the Hills of Clermont residential development, to the north is the Target shopping center, to the west is College Station Center commercial development and to the east is undeveloped vacant land. The proposed use is appropriately located and complementary to surrounding uses. Staff supports the requested annexation. The next item is to rezone this project from UE Urban Estate to C2 General Commercial. Staff supports the rezoning request. Another request is for a Conditional Use Permit to allow for a commercial village of up to 39,000 square feet with 4out-parcels along Hwy. 50. The proposed development will consist of restaurants, national retailers and boutique retailers. Staff recommends approval of the Conditional Use Permit for the proposed shopping center. The applicant is also requesting two (2) variances associated with the project. One is to allow for a grading cut and fill up to 24 feet rather than the maximum 15 foot cut and fill required. The second is to allow half of the landscape buffer to be sloped rather than the entire landscape buffer being level. Staff supports the grading ariance however staff does not support the landscape buffer variance request. Curt Henschel, Principal Planner, advised Council of a revised grading plan that was resubmitted by the applicant. The plan is incomplete and does not indicate how the driveways will be incorporated within the site. It appears to show a retaining wall in the middle of the main north south driveway. Staff feels the plan is incomplete and shows limited improvements over the prior grading plan. Staff recommends the variance requested be tabled until the grading plan is completed in detail and staff has had an opportunity to fully examine the plan. Staff received the revised plan last Friday and has not had sufficient time to review. Cecelia Bonifay, Esq., Akerman Senterfitt, was present on behalf of the owner. Scott Gentry, Civil Engineer for the project, was present. He reviewed the grading and slope requests. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Ash advised she met with Mr. Gentry and saw the grading site plans and met with Ms. Bonifay. Council Member Mullins commented prior to this meeting he saw one of the versions of the site plan. Council Member Goodgame remarked they have come a long way on this site. City Manager Saunders asked for clarification regarding the wall running north of the BB cross section. The site plan does not clearly show the limits of the wall and asked where the wall begins and ends. City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2005 ~cott Gentry indicated the location of the wall on the revised site plan. Mr. Saunders asked if he would bring the wall to the driveway and then turn the wall along the edges of the driveway. Mr. Gentry confirmed and stated the edge of the wall slopes in all directions. Mr. Saunders commented the wall will end at the end of the green area. Mr. Gentry confirmed. Mr. Saunders remarked the purpose of the questions was in reference to the additional memo presented by Curt Henschel. Staff was uncertain how the wall would work in those driveways. Scott answered all of staff's questions. With that, staff would return to the original recommendation of approval of the request. Council Member Mullins moved adoption of Ordinance 499-M• seconded by Council Member Good~ame. The motion passed S to 0 on a roll call vote with all members present voting "aye „ Council Member Mullins moved adoption of Ordinance 521-M• seconded by Council Member Good~ame. The motion passed S to 0 on a roll call vote with all members present voting "aye " Council Member Mullins moved adoption of Resolution 1443; seconded by Council Member Goodgame The motion passed S to 0 on a roll call vote with all members present votin~Zwye ". • Council Member Mullins moved to grant both of the variances: seconded by Council Member Good~ame The motion passed 3 to 2 on a roll call vote with Council Member Renick and Mayor Turville opposing Mayor Turville called for a recess at 9:OOpm; the meeting reconvened at 9:12pm. Mayor Turville noted that the next two (2) items will be heard together as they are related. Item 8 Ordinance 522-M Final Hearing -Mirror Lake 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. Item 9 Ordinance 523-M Final Hearing -Mirror Lake 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. • City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2005 n LJ Barbara Hollerand, Planner, reported on the request for annexation and rezoning from Urban Estate to R-1 on the Mirror Lake property. She passed out a letter received from Danyel Hamden and Dawn O'Dell opposing the project. The applicant is Keith Hogan who represents six (6) property owners. The property is located south of Old Hwy 50, north of Summit Green and west of Greater Hills. The land is currently vacant and has a Lake County Urban Expansion future land use. The applicant is planning an upscale residential neighborhood to the site. The applicant expects to build 27 - 30 homes out of 12 - 15 usable acres of the 26 at a density of 2.5 units per acre. The property is appropriately located for this use. The Planning & Zoning Commission recommended approval of the rezoning request. Staff recommends approval of the annexation and rezoning. Bob Thompson, applicant, was present and available for questions. Mayor Turville opened the public hearing. Stanley Pine, resident of Summit Greens, recognized two (2) City employees, Jane McAllister and Curt Henschel, for their helpfulness in providing information. He expressed concern about obstructing the view, grading the hills, plant life and. animal life with building the proposed development. Thomas Roger, resident of Greater Hills subdivision, commented this is the last area of green space. David Black, 15404 Old Hwy 50, is the property just east of the proposed development and is actively engaged in agriculture for the last 35 years. He is not opposed to the annexation or rezoning. Mr. Black asked fora 40 to 50 foot buffer from Old Hwy 50 down to the lake. ~ayor Turville closed the public hearing. Mayor Turville voiced concern with the first house being placed up to the property line. He spoke in favor of conditioning the rezoning with a buffer. Mr. Thompson expressed a willingness to put in a buffer. Council Member Renick suggested losing one of the lots in order to accommodate the buffer request. Mr. Thompson stated that he is only asking to put in what zoning will allow. City Manager Saunders noted that the final engineering has not been done which will dictate the number of lots. Mr. Thompson addressed the comments made by the public. He stated the retention ponds will be dry and the neighborhood will be required to mow them. This will be an upscale quality community with most homes being 2 story. He plans to keep as many trees as possible. The barbed wire will be removed and plans to leave the hills as they are. Council Member Mullins questioned the routing of the sewer. City Manager Saunders replied that Verde Ridge is installing water and sewer and would connect to it on old Hwy 50. Council Member Renick inquired about what could be done to require a buffer. Ciry of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2005 .City Attorney Mantzaris remarked if the applicant is willing to consent to put a buffer in place that is acce table to staff P then, it could be included as a condition in the zoning part of it. If not, then we will need to negotiate a Developers Agreement and bring back to Council when we have a better understanding of what is needed there. Council Member Mullins spoke in favor of a buffer. Council Member Renick suggested that Mr. Thompson, Mr. Black and staff meet to work out the Developers Agreement. Mr. Thompson agreed to the suggestion. Mr. Pine requested the letter sent by a Greater Hills resident be read aloud. Council Member Renick read the letter aloud sent by Danyel Hamden and Dawn O'Dell opposing the project. Council Member Renick stated the City cannot stop the process; it has already been approved in the County. We are looking at annexing it into the City and to keep the densities low. Council Member Mullins stated they will try to save as many trees with a low number of houses. Council Member Ash noted we have strict landscaping requirements therefore there will be green space. Council Member Renick requested to have a Developers Agreement brought back to protect the Agricultural use. ~Iayor Turville suggested conditioning the rezoning by having the principals come to an agreement. City Attorney Mantzaris commented it could be done that way leaving it open to an agreement. City Manager Saunders noted there are two (2) ways to do this by either postponing both until a Developers Agreement can be brought back to specifically address the buffer or condition the rezoning with specifics so staff would not have to decide on the intent. Council Member Renick moved to table both Ordinance 522-M and 523-M to September 13 until the applicant and Mr. Black can work out the details o the buffer; seconded by Council Member Goodgame. The motion amassed with all members present voting „aye ". Mr. Pine asked if he could attend that meeting. Mayor Turville stated what they work out will be public record and suggested he speak to either of the principals and ask if it would be a problem to be there. Item IOOrdinance 525-M Final Hearing -Southern Fields 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 • City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2005 • Ordinances; rezoning the real properties described herein as shown below, providing for severability, providing for an effective date and providing for publication. Barbara Hollerand, Planner, reported on the rezoning request for Phase II Southern Fields single family residential subdivision. The applicant is Dan Green, KB Homes. This property was annexed at a previous Council meeting. It is a request to rezone approximately 39 acres from Urban Estate to R-1, located south of Hartwood Marsh Road, east of Hancock Road and east of Phase I of Southern Fields. This property is currently vacant and has a Lake County Urban Expansion future land use. The three (3) phases of Southern Fields has a total of 366 homes. The County has previously approved this phase with 125 homes. The former owner entered into a water and wastewater agreement in 2003 that allowed future phases to be annexed prior to the issuance of the first zoning clearance. The Planning & Zoning Commission recommended approval of this project 6 to 1 and staff recommends approval for the rezoning request. Randy Woodruff, was present on behalf of KB Homes. He concurred with staffs recommendation. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved acceptance of Ordinance 525-M,• seconded by Council Member Ash. The motion_passed S to 0 on a roll call vote with all members present votin,~"aye ". Item 11 Ordinance 527-M Final Hearing - Hartwood Reserve 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. Barbara Hollerand, Planner, briefed Council on the rezoning request for Hartwood Reserve. The owner and applicant is Levitt & Sons. The property has previously been annexed by the City Council. The request is to rezone approximately 160 acres from Urban Estate to R-1, located east of Southern Fields. This property is already developing as a single- family residential development in the County. The applicant has processed 33 permits through the County. The property owner entered into a water and wastewater agreement with the City in 2004 with the condition to annex the property if it chose to do so. Density will remain the same at 2.03 homes per acre. The Planning & Zoning Commission and staff recommended approval. Cecelia Bonifay was present on behalf of Levitt & Sons. She requested the Council approve the request. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved acc~tance of Ordinance 527-M• seconded by Council Member Mullins The motion passed S to 0 on a roll call vote with all members present voting "aye ". Mayor Turville remarked the next two (2) Ordinances will be heard together as they are related. Item 12 Ordinance 528-M Final Hearing -Baird • 10 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2005 • 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. Item l3 Ordinance 529-M Final Hearing -Baird 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. Curt Henschel, Principal Planner, briefed Council on the requested annexation and rezoning. The applicant is Leonard Baird, Jr. and the owner is Robert Seidle. The request is to annex a one acre parcel on the south side of Hwy. 50 and the west of the unimproved right-of--way of Citrus Tower Blvd. The applicant is requesting a rezoning to C-1 Light Commercial. Citrus Tower Blvd. will have a mixture of professional offices, retail and single family projects. The parcel is also adjacent to existing City commercial land uses along the western property line. Staff believes this area is appropriate for professional office and retail uses. Since the property is adjacent to the city limits, and is located in the mt Planning Area proposed for future commercial development, staff recommends approval for the annexation and zoning request. Mr. Baird, 635 W. Hwy. 50, was present and supported staff's recommendation. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Ash moved acceptance of Ordinance 528-M,• seconded by Council Member Mullins. The motion amassed S to 0 on a roll call vote with all members present voting "ave ". Council Member Ash moved acceptance of Ordinance 529-M,' seconded by Council Member Mullins. The motion passed S to 0 on a roll call vote with all members present voting "ave ". NEW BUSINESS Item 3 Resolution 1446 -Nevins 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 professional office in the R-3-A zoning district. Curt Henschel, Principal Planner, reported on Nevins Professional Office for the request of a CUP to allow a Professional Office to be established in the R-3-A zoning district. A prior owner previously obtained a Conditional Use Permit to operate a hair salon and a residential dwelling unit with a common parking area. There are two buildings on site, one was :o operate as the hair salon and the other was to remain a single family residential structure. In 1999, a site plan was 11 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2005 .prepared and executed to construct a parking lot behind the buildings. The applicant intends to fix u the site cosmeticall P Y but does not intend to alter the existing parking or enlarge the buildings. Staff recommends approval of the request. The applicant, Jeff Nevius, was available for questions. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins questioned whether it was the same floor plan. Mr. Nevius responded that there will not be any structural modifications to the building. Council Member Mullins voiced concern with parking. Mr. Nevius noted they operate by an appointment only scenario and will be training agents to primarily work in the field. City Manager Saunders commented that condition 14 does accommodate this issue. Council Member Renick moved acceptance of Resolution 1446: seconded by Council Member Mullins. The motion passed with all members_present voting "aye ". Mayor Turville remarked that the next three (3) variance requests will be heard together as they are all related. Item 4 Variance Request -Thompson Curt Henschel, Principal Planner, reported on the first request for Robert Thompson at 1958 Brantley Circle. The applicant is requesting a building permit to construct a seawall within the 100 year floodplain. Due to the hurricanes and tropical storms, the applicant has experienced erosion problems which threaten the existing and future development on the property. The applicant has applied for a seawall permit with the Department of Environmental Protection (DEP) and is currently working with the department to move forward with construction. DEP has stated to staff that there should not be any problems issuing a seawall permit once the application process is complete. If DEP does not issue the seawall permit, construction will not be allowed. Per City Code, construction is not allowed within the 100 year flood line. Staff does not believe a hardship has been shown, however, DEP is willing to work with the applicant and is in the process to approve the seawall permit. The second request is for Katherine Lucas of 1962 Brantley Circle. The third request is for Mark Tidwell of 1960 Brantley Circle. Mr. Thompson showed pictures of the damage caused by the hurricanes. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Renick indicated she contacted Nicole Martin with DEP regarding these three (3) requests for sea walls. Ms. Martin advised this is related to hurricanes damage and noted they need to have plantings. Ms. Renick requested a condition to ensure that it be done. Mr. Thompson noted he does not have a problem with the plantings however, it cannot be done until the water level goes down more. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2005 • Council Member Renick moved to approve the variance request for Mr. Thompson • seconded by Council Member Mullins. The motion passed with all members present votin~aye " Item S Variance Request -Lucas Council Member Renick moved acceptance of the variance request for Lucas • seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item 6 Variance Request -Tidwell Council Member Renick moved acceptance of the variance request for Mark Tidwell • seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item 7 Utility Agreement -Value Place Hotel Darren Gray, Assistant City Manager, reported on the request for water and sewer service outside of our corporate city limits. The applicant is Jimmy Crawford of Gray Harris and the owner is Florida VP Clermont, LLC, Michael Mikkelson. This is fora 120 unit hotel located on the northwest corner of Hwy. 50 and CR 455. The applicant is willing to develop to city standards. There are two (2) variances to be addressed. The building height exceeds our code and the applicant requested 51 feet at the peak of the hotel uninhabitable and 37 feet habitable. The City's code is 45 feet uninhabitable and 35 feet habitable. The other issue is there are two (2) retaining walls located on the north and south side of the property which exceed six feet required by code. The applicant has stated in order to comply with the City's grading limitations, and to meet landscaping and buffer requirements, it is necessary to have larger walls not to exceed ten feet in height at the ~o (2) locations. If approved, the agreement will be conditioned upon deferral of annexation to occur when legally ppropriate. The project will therefore be developed pursuant to the utilities service agreement. Jimmy Crawford was present on behalf of the applicant. He noted this site has a 30 foot fall from front to back and has worked with the City over the last 4 months on the issue. The front wall is more than 10 feet below Hwy. 50 and then it slopes off to the back. The wall in the back is adjacent to the retention pond and slopes off so they are not obtrusive. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. City Manager Saunders remarked this was approved in the County prior to the JPA Land Development Regulations being approved. Furthermore, it is important to note the first floor elevation of the hotel will be at least 15 feet below the Hwy. 50 grade. Council Member Goodgame moved to approve the Utility Agreementfor the Value Place Hotel; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item 8 Consent Order City Manager Saunders stated that Council directed staff to return to St. Johns with a request to reduce the $10,000 contribution to their advertising campaign to $5,000 however, the notion was rejected. Mayor Turville and Mr. Saunders met with the Executive Director in which he clarified the amount was based on the one (1) violation that we have no defense for which was being late in getting those monitoring wells in place. It is staffs recommendation the City enter in this consent order. r1 ~J 13 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2005 Mayor Turville encouraged the Council to approve the consent order. Council Member Mullins moved acceptance of the consent order; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". ADJOURN: With no further comments the meeting was adjourned at 10:53pm. ~~ .a LqQ 9. FP~IFt#C~~~ ~ , e p K 'a (~ ~-_~ .-^j ~ .~ ,y ,~,'• ~. ATTEST: Tracy C City APPROVED: Mayor Harold Turville 14