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10-11-2005 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING October 11, 2005 The Clermont City Council met in a regular meeting on Tuesday, October 11, 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. Boy Scout Troop 14 along with Scout Master Doug Lane provided a Flag Ceremony followed by the Pledge of Allegiance. MINUTES Council Meeting September 27, 2005 Council Member Goodgame moved approval of the minutes as written • seconded by Council Member Mullins. The motion passed with all members present voting "aye „ PUBLIC COMMENTS Mr. Molmar, President of Lake County Rails to Trails, gave a brief presentation on the Lake County Rail Trails. REPORTS City Manager Saunders updated the Council on the pumping status of Center Lake with anticipation to open West Avenue by the end of this week and 8`h Street next week. Mr. Saunders suggested the possibility of having a third Council meeting in the month of November. Mayor and Council agreed to have the City Manager determine if another meeting is necessary. Mr. Saunders noted it would be held on November 29, if needed, and will let Council know. City Attorney Mantzaris - No Report Council Member Ash attended the Lake Sumter MPO meeting in which they addressed the needs of Lake County and it was determined there is not adequate funding for all of the roads needing to be widened throughout the County. Hancock Road will be funded. Ms. Ash also noted there will be a Lynx bus connection from Clermont to Orlando in the future. Council Member Goodgame advised the Tourism Development Tax revenue has increased 17% from August 2004. Council Member Mullins - No Report Council Member Renick reported that Lake County will have their draft of the 2008 school concurrency in 2006 since we were selected to be a pilot county. Mayor Turville - No Report PROCLAMATION ayor Turville read a Proclamation aloud declaring Red Ribbon Week for October 23 - 31, 2005. City of Clermont MINUTES REGULAR COUNCIL MEETING October 11, 2005 r~ U 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 -Agreement Renewal Request approval to renew the Federal Equity Sharing Agreement Item No. 2 -Change Order Item No. 3 -Open Air Sales & Tent Permit Home Depot Item No. 4 -Open Air Sales & Tent Permit Ciro's Christmas Trees Request approval of a Change Order to the Center Lake Contract from Dimensional Contracting, Inc. Request for an Open Air Sales & Tent Permit to sell Christmas Trees in the parking area adjacent to the Garden Center beginning 11/15/05-12/26/05 Request for an Open Air Sales & Tent permit to sell Christmas Trees next to Dunkin Donuts from 11/10/OS - 12/31/05 Item No. 5 -Event Request Downtown Partnership is requesting use of Waterfront Park between 7~' & 8`h St., Minneola Ave between 7`h & 8"' St, the City Parking lot between 7~' & 8`h St, and Minneola Ave & • Montrose St. for October 22, 2005 Council Member Mullins moved to accept the consent agenda as written • seconded by Council Member GoodQame. The motion passed with all members present voting "aye ". UNFINISHED BUSINESS Resolution 1430 -The Moorings Mayor Turville read Resolution 1430 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow for a Planned Unit Development (PUD) for single family homes. Jim Hitt, Planning Director, briefed Council on the request for a Planned Unit Development providing a 14 home single family subdivision. The applicant resubmitted plans reducing the number of lots. There are 4 requirements the applicant cannot meet according to Land Development Code and are part of the PUD request which include: lot and height requirements, front yard, rear yard and private streets. The requested PUD changes are: minimum lot width at the building setback line is 70 feet for all lots; minimum street or road frontage is 45 feet for lots, 5 through 10; minimum front yard setback is 30 feet for all lots; minimum rear yard setback is 20 feet for all lots; and requesting the developer be allowed to create a private gated subdivision. The streets and all responsibilities associated with this option shall be that of the subdivision. This current plan provides for a reduced number of lots but is still more than what is permitted in an R-1-A development. The plan does resemble a typical R-1-A development with one street and lots on either side. Furthermore, it does make use of the reduced setbacks that assist with the preservation of trees. Staff recommends .approval. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING October 11, 2005 • Cecelia Bonifay, Esq., Akerman Senterfitt, present on behalf of the applicant. She requested modifications or eliminations to portions of Resolution 1430 to include: section 3 number 5 Site Development requires a detail site plan be approved for each lot prior to permitting; section 3 number 6 stated no additional construction permitted on the lake side portion of the site and stated there is currently a boat dock there and the applicant is proposing to upgrade that area with a gazebo and boardwalk. The paragraph on wetland and shoreline protection standards was also in question on section 6. Also, inquired about the tree inspection requirements. Ms. Bonifay requested the Council consider modifications to those items in question. Mayor Turville opened the public hearing. Michael Donado owns property to the west of the development and requested to keep the setbacks as required in R1A zoning. Brian Brewer, owner, responded that under an R-1-A zoning, more trees would be lost. Cecelia Bonifay added they will only be removing 7 trees from the site which is a small percentage of the total trees Mayor Turville closed the public hearing. City Manager Saunders responded to the requested changes. On section 3 number 5, the requirement to provide a detailed site plan is necessary due to the lack of information that has been requested on this site. Staff has been concerned with a flat house plan on lots while protecting large trees. If the applicant would like to provide that information at the time of the subdivision plan, then staff could accept that information at that time and it would not have to be done as each individual lot comes in. Number 6 of section 3, the City Council requires a detail plan for any type of facilities or structures planning to occur and due to lack of specific plans on the lake side; staff believed that condition was necessary. Once the applicant develops a detailed plan, they could bring it back to the Council as an amendment for approval. Under section 6 number 3, the protection of trees is necessary to return later to ensure the trees have been preserved. In reference to the removal of trees, Mr. Saunders agreed to modify by stating without approval of the Site Review Committee, in the event a tree does have to be removed, it will be mitigated pursuant to the City's code. There was also a request to reduce the cul-de-sac right of way from 120 feet to 100 feet. Staff would be able to accept 110 feet. Mr. Saunders requested a clarification in section 2 under Land Use to state the project shall meet the R-1-A subdivision standards unless otherwise provided under this Resolution. Council Member Mullins questioned whether the rear yard setback is measured from the property line Mr. Saunders confirmed it would be measured from the property line per code unless stipulated the setback could be measured from the edge of the buffer. Ms. Bonifay noted the site plan is based on the preservation of trees and prefers to have standard provisions. In regards to the Resolution on section 3 number 6, instead of complete prohibition on additional construction to state any plans for development on that site would be submitted to the City and the appropriate governmental agencies. Council Member Renick requested number 5 of section 3 be kept in the Resolution for the applicant to request approval of each lot which will address the question about the setbacks. .Council Member Mullins expressed concern with the resident for the west of the property. City of Clermont MINUTES REGULAR COUNCIL MEETING October 11, 2005 • Council Member Ash agreed with Mr. Saunders recommendation for them to provide a detailed site plan at the time of site review. Also, she requested section 3 on number 6 to state no additional construction without city approval. Mayor Turville asked Mr. Saunders to include language to allow a percentage of opportunity to reduce the setback required based on the plans presented. City Manager Saunders suggested having a standard on the setbacks. Brian Brewer requested approval of 5 feet. City Manager Saunders expressed the importance of retaining number 5 of section 3 in the Resolution in order to assume protection of trees. Mr. Brewer agreed to the City Managers recommendation to retain number 5 in the Resolution. Mayor Turville reviewed the proposed changes to the Resolution. Mr. Brewer requested removing of the last sentence of number 5 in section 3. Mr. Saunders agreed to eliminate that sentence as requested. . City Manager Saunders listed the items to be modified. • Section 2, number 2 -Amend to state "the project shall meet R1A subdivision standards unless otherwise provided for" • Section 2, number 2 -Add item I to state "cul-de-sac shall be allowed to be 110 foot in diameter" • Section 3, number 6 -Amended to state "no additional construction shall be permitted on the southern lake side portion of the site unless approved by City staff" • Section 3, number 5 -Eliminate the last part of sentence where it states "and all requirements for the development as required by the City." • Also, a change to allow staff to check the status of the trees. Council Member Ash moved ~proval of Resolution 1430 as amended • seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Mayor Turville noted the next three (3) will be heard together as they are all related to Mirror Lake. Annexation Agreement Mirror Lake Mayor Turville read the annexation agreement aloud. Agreement between City of Clermont and Robert Keith Hogan, Robert Thompson, Sarah Hogan, Jerome Kicielko and Bonita Kocielko regarding City acceptance and approval of annexation of certain real property and approval of zoning request. Ordinance No. 522-M Final Hearing Mirror Lake 4 City of Clermont MINUTES REGULAR COUNCIL MEETING October 11, 2005 • Mayor Turville read the title of Ordinance 522-M aloud. 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. Ordinance No. 523-M Final Hearing Mirror Lake Mayor Turville read the title of Ordinance 523-M aloud. 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. Planning Director Jim Hitt reviewed the Annexation Agreement between the City of Clermont and the applicants in regards to the annexation and rezoning request. The project is for Mirror Lake annexation and rezoning of approximately 25.78 acres. It is located south of Old Highway 50, north of Summit Green, east of Black Still Road, and west of Greater Hills subdivision. The existing land use is vacant with a future land use designation being Lake County Urban Expansion. The present zoning is Lake County Residential R-3. The applicant is requesting annexation and City utilities and expects to develop 27 - 30 homes on 12 acres equating to a density of 2.25 to 2.5. The Mirror Lake property provides the connection to the Verde Ridge property across Old Highway 50 to its north. Verde Ridge has a utility agreement with the • City that provides for annexation when contiguous. The applicant also requested rezoning for R-1 which will allow lesser densities than the County's R-3 zoning at 3 homes per acre. Staff recommends approval of the annexation and rezoning. Keith Hogan, property owner of the site, was present. He expressed concern with a clause in the annexation agreement stating a requirement to build a wall along the northwest line along old Hwy. 50 to the lake of which he is not in agreement with. He did agree to a 15 foot natural vegetation buffer along the property line adjoining Mr. Black. There were no other issues with the agreement. Mayor Turville opened the floor for comments. David Black, property owner to the west, noted a wall was previously discussed with it being a gated community and expressed preference to build a wall for liability reasons with having cattle. Jim Purvis affirmed a wall was discussed at the previous meeting. Stanley Pine, Summit Greens resident, expressed concern with the various impacts this proposed development would have on the community. Mayor Turville closed the public hearing. Council Member Mullins suggested a chain link fence instead of a wall. Mr. Hogan and Mr. Black were both in agreement with a 6 foot chain link commercial grade fence. City of Clermont MINUTES REGULAR COUNCIL MEETING October 11, 2005 City Manager Saunders noted a change in the language to state the owner shall provide a vinyl coated chain link fence 6 feet tall along the 15 foot of landscape. Council Member Renick inquired if the number of homes could be listed in the agreement and asked about the eagles nest. Mr. Hogan responded the nest will be addressed in the development process and the layout shows 25 lots on the plan. Council Member Mullins moved approval o the agreement as amended; seconded by Council Member Ash. The motion passed 4 to 1 with Council Member Goodgame opposing. Council Member Ash moved approval of Ordinance 522-M.• seconded by Council Member Mullins. The motion passed S to 0 on a roll call vote with all members present voting „Rye ". Council Member Ash moved approval of Ordinance 523-M• seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members present votin~aye ". Mayor Turville called for a recess at 9:39pm; the meeting reconvened at 9:SOpm. City Manager Saunders suggested amending the agenda by allowing the Gold's Gym variance request to be heard next. Variance Request -Gold's Gym • Planning Director Jim Hitt briefed Council on the variance request from CLFL, LLC Gold's Gym located at 1050 E. Highway 50. The request is to allow for a pole sign associated with a primary wall sign attached to the building facade. The pole sign is not permitted according to the City's Land Development Code. The pole structure and sign were installed without the City's input or approval. Staff believes the pole structure constitutes a sign as defined in the LDC, and does not meet the requirements. Furthermore, staff feels the applicant has not demonstrated the requirements for hardship relief and the review criteria and findings for the variance. Therefore, staff recommends denial of the request. Applicant, Lee Cummings, was present on behalf of Gold's Gym. He advised the structure was meant as an entrance and not a sign. He explained it was not their intent to misinform the City. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. City Manager Saunders noted he did not believe it was their intent to deceive the City. This is a situation of an existing building and the permitting of changes was done through Lake County. If they would have applied for a sign, staff would have reviewed it and commented the structural poles would not be permitted under current code. Staff took the position that the pole is apart of the sign therefore considered a pole sign under the definition of the City code because of the way it is constructed. Staff determined this type of sign would not be approved causing the applicant to request a variance. Mr. Cummings remarked this is used as an entrance and not apart of the sign. Mayor Turville stated he has no problem considering the structure an entryway. Council Member Goodgame moved acceptance of the variance for Gold's Gym• seconded by Council • Member Renick. The motion passed 4 to 1 with Council Member Ash opposing. City of Clermont MINUTES REGULAR COUNCIL MEETING October 11, 2005 • Ordinance No. 531-M Final Hearing -Bosserman Mayor Turville read the title of Ordinance 531-M aloud. An Ordinance of the City of Clermont, Florida, amending the Comprehensive Plan for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting a text change to allowable uses in undeveloped District 6 and a Corresponding Future Land Use Map change; setting forth the authority for adoption of the Comprehensive Plan amendments; setting forth the purpose and intent of the Comprehensive Plan Amendments; establishing the legal status of the Comprehensive Plan Amendments; and providing for severability, conflict and effective date. Barbara Hollerand, Planner, gave a brief presentation to Council. This is a large scale comprehensive plan amendment adoption, if approved, will be forwarded to the Florida Department of Community Affairs. This property is a vacant 72 acre parcel south of S.R. 50, east of Hancock Road and west of Emil Jahna Road. It is zoned (UE) Urban Estate and is proposed for commercial use. The applicant is Cecelia Bonifay and the owners are Richard Bosserman and Charles Bosserman. This amendment is for a map and text amendment to the comp plan. Staff recommends approval of the text change to UD 6 and future land use map change to assign the 72 acre parcel a UD-6 Commercial designation. Cecelia Boniifay, Esq., Akerman Senterfitt, was present on behalf of Bosserman. She requested approval of the Comprehensive Plan Amendment. • Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved approval of Ordinance 531-M,• seconded by Council Member Goodgame. The motio~assed 4 to 1 on a roll call vote with Mayor Turville opposing. Ordinance No. 532-M Final Hearing Southern Fields Mayor Turville read the title of Ordinance 532-M aloud. An Ordinance of the City of Clermont, Florida, amending the Comprehensive Plan for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting a Future Land Use Map Change; setting forth the authority for adoption of the Comprehensive Plan Amendments; setting forth the purpose and intent of the Comprehensive Plan Amendments; establishing the legal status of the Comprehensive Plan Amendments; and providing for severability, conflict and effective date. Barbara Hollerand, Planner, informed Council of the large scale comprehensive plan amendment. The development is owned by KB Homes and is being processed as an administrative amendment by the City. This property was previously annexed into the City but never assigned a City future land use. The property is located south of Hartwood Marsh Road adjacent to the Regency Hills subdivision. Staff recommends approval of the map change to assign UD-7 Residential land use to the 49 acre Southern Fields Phase I property. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. • City of Clermont MINUTES REGULAR COUNCIL MEETING October 11, 2005 • Council Member Renick moved approval of Ordinance 532-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 Resolution 1450 Mayor Turville read Resolution 1450 aloud by title only. A Resolution of the City Council of the City of Clermont, Florida authorizing exempt salaried employees to receive payment for overtime when acity-wide state of emergency has been declared by the Mayor or in his absence the Mayor Pro Tem and providing for an effective date. City Manager Saunders explained there are several salaried employees that work in the Emergency Operations Centers in the event of hurricanes. Those employees aze not entitled to additional pay. FEMA will reimburse the City for this type of overtime as long as it has been declazed a State of Emergency by the Mayor. In that event, those employees who work more than 50 hours in a work week will be eligible for the additional pay. Mr. Saunders recommends approval of Resolution 1450. Mayor Turville added that the City Manager is exempt from this rule. He further requested amending the language to state "the Mayor or in his absence the Vice Mayor" in reference to declaring a state of emergency. • Council Member Ash moved approval of Resolution 1450 as amended: seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Joint Planning Area Review -Nola Land Co/Jahna Mine PUD Darren Gray, Assistant City Manager, gave a brief summary on a JPA review of the Nola Land Co/Jahna Mine PUD request. The property is located south of Hwy 50 and east of Hancock Road. The request is to rezone 541 acres for the creation of an age restricted residential PUD. The conceptual plan shows 692 single family dwelling units and 202 town homes. Staff recommended annexing the property and developing to city standards; providing a right of way for Hooks Street; comprehensive plan amendment to change the Rural designation to Urban/LTrban expansion of approximately 301 acres; If not annexed, must adhere to Land Development Regulations for the JPA area; and a utility agreement must be executed with the City of Clermont. Lake County staff recommends denial of the project for inconsistencies with the Lake County comp plan and the required mass grading plan has not been approved for the site. Cecelia Bonifay, Esq., Akerman Senterfitt, was present on behalf of Nola Land Co. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Renick noted a concern with traffic and concurred with County staff. Council Member Goodgame expressed concern with the density in the number of units on the proposed site. Council Member Renick moved to send a letter supporting County sta and City staffs' recommendation • ,for denial • seconded by Council Member Ash. The motion passed with all members present votin,~aye ". City of Clermont MINUTES REGULAR COUNCIL MEETING October 11, 2005 • Joint Planning Area Review -Martinez Rezoning Darren Gray, Assistant City Manager, briefed Council on the JPA review for Carlos Martinez and Anna Maria Forte Martinez rezoning. The request is to rezone the property from Agriculture to Planned Commercial with C 1 and C2. The applicant has not proposed any commercial uses for the property. It is located north of SR 50, south of the Florida Turnpike and west of CR 455. The parcel is 3.6 acres in size. Lake County staff is recommending denial due to the site not meeting the separation distance from Lake Apopka for commercial development. Last week, the Lake County zoning board postponed the request for 90 days to allow them to proceed with the variance process for C-2 uses. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Ash moved to send a letter in support of County staff seconded by Council Member Renick. The motion passed with all memberspresent votin~aye „ ADJOURN: With no further comments the meeting was adjourned at 10:55pm. C] APPROVED: ~ Mayor Harold Turvil e ATTE~'~F ~~rti v ~ K.,. n ~t `~~, ..,~ ,.,~ `°` /,/`dry ')"racy Ackroyc~, City~lerk ,,E, ` ~ ' ~^; s ~ a