11-22-2005 Regular MeetingCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 22, 2005
The Clermont City Council met in a regular meeting on Tuesday, November 22, 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, Alternate City Attorney Brown, and Deputy City Clerk Knight.
INVOCATION
Council Member Mullins gave the invocation followed by the Pledge of Allegiance.
PUBLIC COMMENTS
Jim Purvis stated he emailed a letter to several Council Members and commented on not having contact information for
Mayor Turville.
Mayor Turville advised Mr. Purvis on the best means of contacting him.
City Manager Saunders stated written documents may be sent to his attention and he will assure the Mayor receives it.
Eddie Rodriguez, 3205 Magnolia Petal Ct, Vice President of the Homeowner's Association, expressed his concern about
speeding cars through his community, Magnolia Park. He requested assistance and recommended speed bumps. Mr.
Rodriguez submitted a letter to City Manager Saunders regarding this problem.
rank Lyon, 935 Brogden St., expressed his concern about speeding cars through the intersection of Brodgen and Lake
Haddock. He stated 27 cars were counted running the stop sign. Mr. Lyon advised installing speed bumps.
Council Member Renick recommended getting together as many people as possible with these same problems to attend
the Wynona Bridge workshop.
Mayor Turville noted Ordinance 535-M, Resolution No. 1459 and Resolution No. 1460 has been requested to be
postponed to December 13, 2005.
Council Member Mullins questioned why Ordinance 535-M was tabled and not Ordinance 534-M.
City Manager Saunders stated the City entered into a utility agreement in which the property would be annexed once it
became contiguous. He advised Council they could postpone both if they would like.
Ordinance No. 353-M Final Hearing
Council Member Mullins moved to table Ordinance 535-M to December 13: seconded by Council
Member Renick The motion passed with all members present voting "ave ".
Resolution No. 1459 Tufty Auto Center
Council Member Mullins moved to table Resolution 1459 to December 13 • seconded by Council Member
Goo dame The motion passed with all members present voting "aye ".
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 22, 2005
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Resolution No. 1460 Crosspoint Church
Council Member Mullins moved to table Resolution 1460 to December 13; seconded by Council Member
G odQame. The motion passed with all members Present voting "aye ".
REPORTS
City Manager Saunders - No Report
Alternate City Attorney Brown - No Report
Council Member Ash - No Report
Council Member Goodgame - No Report
Council Member Goodgame asked City Manager Saunders to inform the Council on the events of the Police Department
in the past week.
City Manager Saunders briefed Council of the major arrests made by the City of Clermont Police Department.
Council Member Mullins - No Report
~ouncil Member Renick reported she represented City Council at the School Concurrency meeting. The next meeting is
scheduled for December 5 at the Tavares Community Center. She also reported the next South Lake Growth Summit is
scheduled for December 1 at 6:30 pm at Minneola City Hall.
Mayor Turville asked if the City of Clermont needs to advertise.
City Manager Saunders advised Council the City will re-advertise if necessary.
Mayor Turville - No Report
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 -Open Air Sales & Tent Permit
First United Methodist Church
Request for an Open Air Sales & Tent Permit to sell Christmas
Trees in the Church parking lot located on the SE corner of Hwy
50 and 7r'' Street from November 26 -December 11
Item No. 2 -Arbitrage Rebate Study
Item No. 3 -Maintenance Agreement Renewal
Approval of Arbitrage Rebate Study
Request approval of renewal of Maintenance Agreement with
Kone Inc. for City Hall elevator
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 22, 2005
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Item No. 4 -Task Order No. 10 Approval of Task Order for Police Department Electrical
Boyle Engineering Upgrades
Item No. 5 -Plat Approval Southern Fields, Phase II
Item No. 6 -Event Approval Request approval of the l5c Annual Downtown Art and Craft
Downtown Partnership Festival for January 14~' and 15~'
Council Member Goodgame moved to approve the consent agenda items 1-6; seconded by Council
Member Mullins. The motion passed with all members present voting "aye ".
UNFINISHED BUSINESS
Ordinance 534-M-Final Hearing
Mayor Turville read Ordinance 534-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, briefed Council on the request of the applicant, Ladd Development, Inc to annex 13.71 acres,
~ocated on the north side of Johns Lake Road, east of U.S. 27 and west of Hancock Road. The existing land use is vacant,
but developing as single-family residential. There are 421ots and 10 homes permitted at this time. He advised Council of
the water and wastewater service agreement the owner entered into with the City on May 27, 2003 with the condition that
the City could annex the property when it became contiguous to the City limits. A 26-acre property to the south was
annexed into the City in March, making Southern Pines contiguous and its annexation appropriate for this time. A request
for rezoning to R-2 accompanies the annexation application. Lot sizes and configurations are to be constructed in
accordance with the preliminary plat approved by the County in April 2003, according to the terms of the water and
wastewater service agreement. The property bounded by Bella Terra single-family residential on the south and mostly 5-
acre residential tracts on the north, west and east. Access will be from Johns Lake Road, an urban collector, along the
property's southern boundary. Because the water and wastewater service agreement required the annexation of this
property into the City, capacity is "grandfathered in". Staff recommends approval of the request for annexation.
Mayor Turville opened the public hearing.
Cindy Barrow, a member of VOICE, asked which schools this would impact.
Barbara Hollerand, City Planner, stated it was Lost Lake Elementary, Windy Hill Middle School and East Ridge High
School.
Ms. Barrow advised Council of each schools capacity.
Council Member Goodgame informed Ms. Barrow the property was already zoned R-6.
City Manager Saunders stated the property was being taken out of the county and put in the city.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 22, 2005
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Council Member Renick explained the reasoning and logic behind annexing into the city.
Mayor Turville closed the public hearing.
Council Member Ash moved to approve the Ordinance 534-M• seconded b~Council Member GoodQame.
The motion passed S to 0 on a roll call vote with all members present voting "aye ".
NEW BUSINESS
Resolution 1453 -Edgington Estates
Mayor Turville read Resolution 1453 aloud by title only.
A Resolution on of the City Council of the City of Clermont, Lake County, Florida, granting a
Conditional Use Permit to amend Resolution No. 1029 to eliminate an opaque fence requirement along
the north and east property lines.
Jim Hitt, Planning Director, briefed Council on the request of the applicant, Edgington Enterprises, to amend the existing
Clermont Yacht Club's Planned Unit Development, Resolution 1029, to eliminate an opaque fence requirement along the
north property line. The location of the property is at the northeastern corner of East Avenue and Grand Highway. The
amendment consists of revising section 5 #2 entitled Site Improvements/Landscaping. A letter from the Cherry Knoll
Homeowners association has been provided and the applicant has been working with the homeowners association to
.obtain a preferred landscape buffer. Staff supports the amendment and requested to eliminate the opaque fence
requirement along the north and east property line.
Phil Edgington, owner of Clermont Yacht Club, advised Council the Conditional Use Permit was already in place when
he purchased the property. He has been working closely with neighbors on both sides. Mr. Edgington stated the trees on
the east side have to come down but can be built into the landscape buffer. He requests approval from City Council.
Mayor Turville opened the public hearing.
Ann Creo, 330 Division St., resident of Cherry Knoll development, former President of the Homeowner's Association
spoke in support of Mr. Edgington's request.
Arlene Hanks, 240 Division St., member of the board, supports Mr. Edgington and stated he has done a great job
maintaining the trees of Clermont.
Mayor Turville closed the public hearing.
Council Member Ash asked who will maintain the area in question.
City Manager Saunders advised Council it will be the responsibility of Clermont Yacht Club's Homeowners Association.
Council Member Mullins moved ad~tion of Resolution 1453 • seconded by Council Member GoodQame.
The motion amassed with all members present voting "aye ".
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 22, 2005
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Resolution 1454 -Hospice II
Mayor Turville read Resolution 1454 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 ten (10) bed hospice home.
Jim Hitt, Planning Director, advised Council the owner is South Lake Hospital and the applicant is Hospice of Lake and
Sumter. The request is for a Conditional Use Permit to establish a medical and professional office in the R-1-A zoning
district. Hospice plans to build a 16,000 square foot building with 10 beds. Hospice will offer expert medical care along
with a home like setting. Terminally ill individuals who cannot remain in their home due to lack of a willing or capable
caregiver will have the Mike Conley Hospice House as an option for their care. This project was previously approved as a
conditional use permit in May 2005 but because the applicant failed to sign and execute the CUP within the allowed time
frame, the document was rendered void. The applicant is now requesting the same conditional use permit that was
approved in May of 2005 without any changes. Staff recommends approval with conditions.
Tom Grimer, 12300 Lane Park Rd, Tavares, Florida, CFO for Hospice of Lake and Sumter offered his assistance to
answer questions. He advised Council he would like to move forward with their previous CUP approval.
Mayor Turville opened the public hearing.
SThere were no public comments.
Mayor Turville closed the public hearing.
Council Member Mullins moved adoption of Resolution 1454; seconded by Council Member Good~ame,
The motion passed with all members present voting "awe "_
Ordinance 533 M-Final Hearing
Mayor Turville read Ordinance 533-M aloud by title only.
An Ordinance of the City of Clermont, Florida, amending the comprehensive plan for the City of
Clermont, Florida, pursuant to the local government comprehensive planning act, Chapter 163, Part II,
Florida Statutes by adopting a text change to the mixed-use land use classifications matrix for
undeveloped district 7 (UD-7) and a corresponding future land use map change to include three properties
in to the UD-7 mixed-use classifications Idistrict; 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 an effective date.
Mayor Turville read Resolution 1455, Resolution 1456 and Resolution 1457 aloud by title only to be considered
collectively.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 22, 2005
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Resolution 1455 -Kings Ridge
A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional
Use Permit to amend Resolution No. 1114 to allow for the reduction of 908 residential units, elimination
of multifamily units, reduction of office space, increase in commercial space and a change of use for the
cable TV facility located within the planned unit development.
Resolution 1456 -Legends
A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional
Use Permit to amend Resolution No.1172 to include an additional 106 acres of land that was added to the
planned unit development, an additional 140 single-family residences and a reduction in commercial
space.
Resolution 1457 -Center Lake
A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional
Use Permit to amend Resolution No. 1356 to allow for a decrease of 101 single-family residences.
Barbara Hollerand, City Planner, briefed Council on the Kings Ridge DRI items to include the administrative changes to
the Kings Ridge PUD, the Legends PUD, and the Center Lake PUD; and an amendment to the Development Order for the
SKings Ridge Development of Regional Impact. She informed Council the Kings Ridge Development of Regional Impact
was the key request which required other changes to be made. Ms. Hollerand explained to Council the applicant, Lennar
Homes, would like to add two properties to the approved Kings Ridge Development of Regional Impact. The properties
are the 442-acre Center Lake property known as "Vista Royale" and a 106-acre property known as "Nottingham at
Legends" that is north of the existing Legends subdivision. The addition of these two new properties brings the total
acreage for the Kings Ridge DRI to nearly 1,844 acres. To become part of the Kings Ridge DRI, the new properties will
need to be assigned the "Undeveloped District & Mixed-Use Classification I" future land use, which is assigned to all
Kings Ridge properties. Ms. Hollerand provided site maps to illustrate the properties. She advised Council of the
proposed text amendments to modify the matrix for the Kings Ridge DRI. Ms. Hollerand informed Council of the change
of open space numbers on the amended Development Order. Staff recommended approval of the comp plan text and map
amendments, the amendment to the Development Order for the Kings Ridge DRI with the change made to the open space
number, the Kings Ridge PUD amendment with presented changes, the approval of the Legends PUD amendment with
presented changes and the Center Lake/Vista Royale PUD amendment with the presented changes.
City Manager Saunders summarized Barbara Hollerand's report.
Attorney Julie Kendig-Schrader, Greenberg, Traurig P.A., 450 S. Orange Ave, represented the applicant and offered her
assistance in answering questions.
Mayor Turville opened the public hearing.
Sherry Boem, active member of VOICE, expressed concerns about overcrowding in schools.
Jim Purvis, 4206 Hammersmith, asked what the project meant to Kings Ridge residents.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 22, 2005
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Nancy Fullerton, resident of Clermont, spoke for alliance to protect water resources regarding a water resource
investigation report. She asked if there was a decrease in roof tops.
City Manager Saunders stated there was a decrease of homes from what was originally allowed in Kings Ridge, Legends
and Vista Royale.
Joice Michalski, 3597 Rollingbrook, Kings Ridge, asked what kind of impact the project would have on the current
residents of Kings Ridge.
Leonard Hame12242 Belsfield Circle, Kings Ridge, expressed concern about the impact of the entrance and exit to the 19
acres located on the Northeast corner.
Judy LaBrie, 3481 Rollingbrook St, Kings Ridge, Vice President of Aberdeen's neighborhood association, asked if a
traffic study was done for Hancock Road near the Somerset community.
Mayor Turville closed the public hearing.
City Manager Saunders summarized the reason for the changes to the Kings Ridge DRI. He stated there are no changes to
the Kings Ridge Development other than the reduction to the number of homes and an increase to the amount of open
.space. He also stated a traffic study had been done.
Council Member Renick inquired if Vista Royale will have a clubhouse.
Council Member Goodgame asked Lennar if they agreed with the figures presented.
Attorney Kendig-Schrader stated they do.
Council Member Goodgame questioned the number of homes in Kings Ridge.
City Manager Saunders referred to item number 9 on the agenda stating there are 2088 homes versus 2086.
Mayor Turville informed the public of the reasons behind a Development of Regional Impact.
Council Member Goodgame inquired about a cash contribution towards the development of sidewalks on Hartwood
Marsh Road.
City Manager Saunders stated they will include that with the Vista Royale construction. He also stated this requirement
can be put in a letter and future certificate of occupancies can be held until this requirement is met.
Council Member Mullins referred to the Cable TV mentioned in Resolution 1455 asking if it should be worded
differently.
City Manager Saunders commented it should state institutional use.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 22, 2005
Council Member Renick inquired about the administrative changes.
City Manager Saunders summarized those changes.
Council Member Goodgame requested the number of acres as well as the number of homes be listed within each parcel.
Council Member Renick questioned how open space was calculated.
John Percy, Community Planner with Glatting Jackson, explained how this was done.
Council Member Goodgame pointed out the common open space did not include the retention pond.
City Manager Saunders explained what the 19 acres included and informed Council there was no change to the access.
Council Member Goodgame informed Council there was a change on the plot plan for the 19 acre parcel.
City Manager Saunders stated this would have to be reviewed during site plan.
Mayor Turville advised Council the access to the 19 acres was not part of the request at hand.
Alternate City Attorney Brown concurred with Mayor Turville stating the issue has not been advertised to discuss at this
.Council meeting.
Attorney Julie Kendig-Schrader informed Council the 19 acres was not owned by Lennar.
Council Member Goodgame moved to table Resolution 1455 and the First Amendment to Development
Order for the Kings Ridge DRI: seconded b~Council Member Renick.
City Manager Saunders informed Council the development of the 19 acres was not a part of the request at hand as well as
Lennar was not the owner of the property.
Mayor Turville concurred with City Manager Saunders.
Council Member Renick concurred with Council Member Goodgame.
The motion failed 2 to 3 with Council Member Ash Council Member Mullins and Mayor Turville voting
Council Member Mullins moved to adopt Ordinance 533-M,• seconded by Council Member Ash. The
motion passed S to 0 on a roll call vote with all members present voting "aye ".
Council Member Ash moved to approve Resolution 1455• seconded b~Council Member Mullins. The
motion passed 4 to 1 with Council Member Goodgame voting "nav ".
Council Member Mullins moved to approve Resolution 1456• seconded by Council Member Ash. The
motion passed with all members present voting "ave ".
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 22, 2005
Council Member Mullins moved to approve Resolution 1457; seconded by Council Member Ash. The
motion passed with all members present voting "aye ".
Council Member Mullins moved to approve the First Amendment to the Development Order Kings Ridge
DRI; seconded bX Council Member Ash. The motion passed 3-2 with Council Member Goodgame and
Council Member Renick voting "nab
The meeting recessed at 9:25 p.m. and reconvened at 9:35 p.m.
Joint Planning Area Review -Magnolia Property Assoc. LLC
Darren Gray, Assistant City Manager, briefed Council on the applicant's request to amend the existing PUD to the 22.5
acre parcel located south of Hwy 50, 1 mile west of the Orange County line known as Magnolia Center Commercial
Subdivision. He stated the proposed amendments are to increase the parcels from five (5) to eight (8) lots, increase height
of commercial buildings and to allow for an additional point of access. Mr. Gray informed Council the proposed uses for
lots 3 and 8 was to construct a motorcycle dealership with inside sales allowing for an outside display during the daytime
on lot 3 and a moteUhotel on lot 8. He also informed Council of the request for a full median cut at Magnolia Pointe Blvd
and Hwy 50 to include a traffic light stating it would have a right in only with the eastern portion of the property having a
right in/right out access. Mr. Gray explained because of the approved utility agreement in place for this property, it would
have to be developed to city standards.
Mayor Turville asked if the full median cut and traffic light was part of the original approval.
.Jimmy Crawford with Gray-Robinson, representative of Magnolia Property Association LLC, briefed Council on the
history of the original PUD, and placement of the traffic lights and access points. He also informed Council of the
opposition of the proposed hotel sight stating the owner would probably be willing to eliminate it. Mr. Crawford
elaborated on the other proposed projects for the sight.
Mayor Turville inquired if they were planning to align the traffic light and pattern with Bella Collina.
Mr. Crawford stated they were.
Scott Blankenship, resident of Magnolia Point, also on the Lake County Zoning Board, commented on the lack of
cooperation with the development and commended Mr. Crawford for working with the community to set up a meeting to
discuss their questions and concerns. He also informed Council of his concerns about all the roads using the same traffic
light. He asked Council to encourage the developer to work with Magnolia Point residents.
Jimmy Crawford informed Council they will be working closely with Lake County and the residents of Magnolia Point.
Mayor Turville advised Mr. Crawford to meet with the people to the west as well as Mr. Blankenship and his community.
He also advised of realigning the road to eliminate stacking of traffic.
Council Member Goodgame suggested the County not entertain the change until after the meeting between the applicant
and Magnolia Point.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 22, 2005
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Council Member Mullins concurred with Council Member Goodgame, stating all parties should come to the table to
discuss a plan.
Council Member Renick recommended and asked if it would be possible to state in a letter to the County that the
applicant has had ideas of a hotel there and Council does not see that as an appropriate place for a hotel.
City Manager Saunders advised Council this could be done.
Mayor Turville concurred with Council's recommendation and stated all parties should meet and come to an agreement.
Assistant City Manager Gray informed Council the property to the west, Johns Lake Landing, was approved by the
County that day.
Council Member Goodgame moved that staff direct a letter to the County statin t~ he applicant and the
owners of Magnolia Point work out a resolution that is agreeable to everyone • seconded by Council
Member Mullins. The motion passed with all members present voting "true "
Resolution 1461 Budget Amendment for Fiscal Year 2004-2005
Mayor Turville read Resolution 1461 aloud by title only.
• A Resolution of the City of Clermont, Lake County, Florida, authorizing budget amendments for the City
of Clermont for fiscal year 2004-2005.
City Manager Saunders briefed Council of the budget amendment request. He informed Council it was a close out for the
year 2004-2005 and does not affect the current year budget.
Mayor Turville opened the public hearing.
There were no public comments.
Mayor Turville closed the public hearing.
Council Member Mullins inquired if there was any decrease to the budget.
City Manager Saunders informed Council, overall the city was under budget.
Council Member Goodgame moved acceptance of Resolution 1461; seconded by Council Member
Mullins. The motion passed with all members present voting "aye ".
Ordinance 538-M-Introduction
Mayor Turville read Ordinance 538-M aloud by title only.
• An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 22, 2005
•
Council Member Mullins moved introduction of Ordinance 538-M• seconded by Council Member
Good~ame. The motion passed with all members present voting "ave „
Ordinance 539-M-Introduction
Mayor Turville read Ordinance 539-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 539-M• seconded by Council Member
Goodt?ame. The motion passed with all members present voting "ave "
Ordinance 540-M -Introduction
Mayor Turville read Ordinance 540-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 540-M• seconded by Council Member
Goodgame. The motion passed with all members present voting "aye "
Mayor Turville opened the floor for public comments.
Stanley Pine, resident of Summit Greens, read a letter aloud stating his questions and concerns.
ADJOURN: With no further comments, the meeting was adjourned at 10:15pm.
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Tracy A~kroyd City Clerk
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APPROVED:
G
y r Harold Turville
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