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12-13-2005 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2005 • The Clermont City Council met in a regular meeting on Tuesday, December 13, 2005 in the Council Chambers at pity Hall. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Cou cil Members Mullins, Goodgame, and Renick. Other City officials present were: City Manager Saunders, Assistant ity Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES City Council Meeting held November 8, 2005 City Council Meeting held November 22, 2005 Council Member Renick remarked on a comment that was not included in the November 22, 2005 minutes on Magn~lia Pointe where the Council specifically asked the letter include that they not put a hotel on that site. I Council Member Renick moved ~proval of the November 8 minutes and November 22 as amended; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". PUBLIC COMMENTS ~hoice Edwards, Kings Ridge resident, thanked the Council for their dedication to public service. Bill Banzhaf, President Of Downtown Partnership, provided Council with their Mission and Vision Statement. Ed Proli, 1020 Everest Street, asked the status of the Fire Station project facility and location. City Manager Saunders responded the Council approved the budget to purchase a site for Fire Station No. 4. Staff is negotiating with a properly owner on the site and cannot disclose details of the site since they are close to a deal on one of the sites Council has chosen an architect CT Hsu for the project. They will be doing a space needs analysis. It was discussed to place a modular unit immediately to operate from that location while the permanent site is under construction. Mr. Proli urged Council to allow for sufficient size to accommodate apparatus and firefighters. REPORTS City Manager Saunders informed Council of a Fire Department request to temporarily rent an office building adjace t to Fire Station 1 on a temporary basis. Lake Sumter EMS will co-locate with the Clermont Fire Department and are wiling to pay $400 per month for the rent of the $1,100 total rental cost. He requested Council permission to lease space ~n a temporary basis to give Fire personnel extra space at Station No. 1. Council Member Goodgame moved to approve the rental of the building next to the Fire Station on Chestnut Street• seconded by Council Member Renick The motion passed with all members present voting "aye ". C] City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2005 • Mr. Saunders reminded Council the second meeting in December was previously cancelled by the Council unless it is needed and reported it is not necessary to have that meeting. I, City Attorney Mantzaris - No Report Council Member Goodgame - No Report Council Member Mullins - No Report Council Member Renick attended the last School Concurrency Meeting and the meeting originally scheduled tomorrow has been changed to only have staff attend. PROCLAMATION Mayor Turville read the Election Proclamation for a Special Election associated with the resignation of Council Mem1 Gail Ash. Mayor Turville reported on the request to table Resolution 1449 for Home Depot. Council Member Goodgame moved to table Resolution 1449 to January 24; seconded by Council Member Mullins. The motion passed with all members present votin,~aye ". ONSENT AGENDA Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested wishing to have any item pulled for discussion to please come forward at this time. Item No. 1-Purchase Approval Police Department Item No. 2 -Purchase Approval Police Department Item No. 3 -Lease Agreement Item No. 4 -Event Request Mosaic Church Item No. 5 -Plat Approval Item No. 6 -Plat Approval Approval of purchases with funds received from 2005-06 Edward Byrne Memorial Justice Assistant Grant Approval to purchase 5 Police vehicles with funds from FY 2005-06 Capital Outlay -Vehicles Budget Approval of Lease Agreement between the City and Veri~on Wireless Personal Communications for operating nd maintaining a communications facility located at 402 12`" Stre t Request use of Waterfront Park on Saturday 12/24 for a Community Holiday Service and Caroling Lost Lake -Tract A Hartwood Reserve -Phase II Council Member Mullins moved acceptance of the consent agenda as written; seconded by Council member Goodgame. The motion passed with all members present voting_aye ". • 2 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2005 • UNFINISHED BUSINESS Ordinance 535-M Final Hearing Mayor Turville read Ordinance 535-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, advised Council of the rezoning request for the Southern Pines property which was anne ed on November 22. The request is to rezone 13.71 acres from Urban Estate to R-2. The owner is Ladd Development. he property is located on the north side of Johns Lake Rd and is currently vacant but is developing as a single fa ily residential. The property owner had prior approval in the county to develop as a 42 home subdivision which is a den ity of 3.13 homes per acre. Ten of the 42 homes are already under construction. The owner entered into a water nd wastewater service agreement with the City of Clermont two (2) years ago. The Planning & Zoning Commiss'on recommended approval of this request with the stipulation that the City explore all available opportunities to provide sidewalks along the south side of the project. Staff recommended approval of the request. Mayor Turville opened the Public Hearing. im Purvis, 4206 Hammersmith Drive, stated he attended the Planning & Zoning meeting and noted there was m~ch discussion of having a sidewalk. He urged Council to include a sidewalk in the property developed. Mayor Turville closed the Public Hearing. Mayor Turville questioned City Manager Saunders and City Attorney Mantzaris about a Developers Agreement. City Manager Saunders stated the City of Clermont has an agreement to provide utilities for the site. That agreement as put in place before it became contiguous. The site approval with Lake County did not include a sidewalk. The City~ias an annual sidewalk project, if the council wanted to make it a priority. ' Council Member Renick commented that since the approvals were through Lake County, the City cannot legally req~ire the sidewalk. City Manager Saunders remarked there is a section in the JPA Land Development Regulations which allows the Coun to approve a PUD and they can eliminate certain requirements. Council Member Mullins inquired about how to have a sidewalk built now instead of waiting. City Manager Saunders advised he will check on this and return to Council with a recommendation. Council Member Good~ame moved acceptance of Ordinance 535M,• seconded by Council Member Mullins. The motion passed 4 to 0 on a roll call vote with all members present voting "aye ". • City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2005 • Resolution 1459 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 an automotive repair center. Curt Henschel, Planner, briefed Council on the request for a Conditional Use Permit for Tuffy Auto Center to allow fo~ an automotive repair center. It is located at the Sand Hill Commons Commercial subdivision on the south side of High ay 50. The site is currently vacant and is surrounded on all sides by commercial properties. The applicant proposes a 5, 90 square foot building to include an 8 bay service center and 775 square foot of office space. The existing Develo ers Agreement for Sand Hill Commons does allow for this type of use provided that the service bays do not face Highway ~0. The hours of operation will be 7:30am to 6:OOpm Monday through Friday, 7:30am to 4:OOpm on Saturday, and closed'on Sundays. Staff recommends approval. Applicant, Careen Cramer, was present and available for questions. Council Member Goodgame remarked he spoke to City Manager Saunders about when the Certificate of Occupanc~ is issued for the property that there would be no automotive repairs outside the building at any time. Ms. Cramer advised there would be no repairs made and no vehicles left outside of the building. ', Council Member Goodgame moved acceptance of Resolution 1459 with the provision that no automotive repair be undertaken outside the facility or vehicles le t outside of the building when the acility is not in • operation; seconded by Council Member Mullins. The motion passed with all members present voting "aye „ City Manager Saunders noted the amended language would be added to the appropriate section. Resolution 1460 A Resolution of the City Council of the City of Clermont, Lake County, Florida granting a Conditional Use Permit to allow for the operation of a church in the M-1 Industrial Zoning District. Curt Henschel, Planner, advised Council of the Conditional Use Permit request for Crosspoint Presbyterian Church. 1~he property owner is Towerco LLC. The applicant intends to establish a church at an existing business plaza. The chu~i}}ch will occupy a 1,425 square foot space available at the Heritage Square Shopping Center on Citrus Tower Blvd. he church primarily intends to use the space as an office for their existing church that does not have a permanent building to date. The office will also serve as an assembly for night time gatherings of 30 to 40 members. With the existing businesses operating at normal business hours, and the church operating at "after business" hours, staff believes there ill not be any parking issues on or off site. Staff recommends approval of the request. ~'~, Council Member Goodgame asked if there would be a time element as to how long they would be at this location. City Manager Saunders responded it will be for 24 months. Council Member Mullins moved adoption of Resolution 1460; seconded by Council Member Good The motion passed with all members present voting_aye ". • 4 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2005 • Mayor Turville advised the next two (2) items will be heard collectively. Ordinance 540-M Final Hearing 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. Resolution 1458 A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit for a Planned Unit Development to allow for the construction of a residential subdivision. Barbara Hollerand, Planner, introduced the annexation ordinance and CUP request together. The owner/applicant is P ]te Home Corporation and the request is to annex 207.76 acres located between Florida's Turnpike and Old Highway 50, ast of Hancock Road, west of C.R. 455. This property was known as the "Guber" property and has been approved for u~ to 402 homes at a density of about 1.94 homes per acre. The former property owner entered into a water and wastew ter service agreement with the City in 2002 with the condition that the City could annex the property when it became contiguous to its city limits. The 26 acre Mirror Lake property to the south was annexed in October, making Verde Ri ge contiguous and its annexation appropriate at this time. Pulte Homes acquired Verde Ridge and its development rights nd covenants in March. The developer has cleared the planted pine on the property and has pulled permits for he evelopment of the infrastructure, including permits for the planned development plan; preliminary subdivision p an; ecorded plats; and construction/engineering plans. The three-phase subdivision was platted in the County in Septem er, and the first of up to 10 model homes are anticipated to open by April. Because all properties enter the City with Ur an Estate (UE) residential zoning, a request for rezoning to a PUD accompanies the annexation application. he development will be constructed in accordance with the terms of the vested PUD, the water and wastewater ser ice agreement, the preliminary plat, and all County and agency permits approved prior to annexation. An administra ive large-scale comprehensive plan amendment to include this property in the City's Undeveloped District 5 (UD-5) fu re land use district will be processed next year. The Planning & Zoning Commission recommended approval. Since hat hearing, the applicant has requested the following proposed changes: Section 1 No. 3 add language "or the final adoption of the PUD, whichever is latest"; Section 1 No. 4 add language "or the final adoption of the PUD, whichever is late~t"; Add No. 2 in Section 2 to read "The City will process an administrative large-scale comprehensive plan amendment to Undeveloped District 5 (UD-5) future land use district to be processed with the first-cycle amendments for 2006. Staff recommends approval of the annexation and CUP with proposed changes. The applicant was present representing Pulte Home Corporation in agreement with staffs recommendation and available for questions. ', I Mayor Turville opened the Public Hearing. There were no comments. Mayor Turville closed the public hearing. ~~ Mayor Turville inquired if this is a part of the original Greater water system obligation. City Manager Saunders confirmed and further stated when the City purchased the Greater Hills water system there as already an agreement in place between that private system and this property owner to serve the property. Therefore w en the City purchased the water system, they inherited that agreement. ~ • City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2005 • I Council Member Renick voiced concern with not having a fire station and further stated the Council has not had a ret~`eat to see where the City is going. Council Member Goodgame brought up the Blackwest property that was denied and clarified the reason he did not approve it was based on the school impact. ~, Council Member Mullins commented the City might as well have the impact fees to help build the new fire stations. Council Member Goodgame questioned provisions for a school bus stop in the development. The applicant stated they do not have any provisions for a school bus stop as it is not a gated community and it is a street. The clubhouse is at the entrance. City Manager Saunders noted the school board will decide where the school bus stop will be. Council Member Mullins moved adoption of Ordinance 540-M.• seconded by Council Member Goodgame The motion passed 3 to 1 on a roll call vote with Council Member Renick voting "nay ". Council Member Mullins moved adoption of Resolution 1458 to include amendments; seconded by Council Member Goodgame. The motion passed with Council Member Renick opposing. .Mayor Turville advised the next four (4) items will be heard collectively. Annexation Agreement -Clermont Services Group, LLC Ordinance 538-M Final Hearing 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 539-M Final Hearing An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida amending the II 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. Variance Request ~~ Jim Hitt, Planning Director, informed Council of the requests. The applicant is Clermont Services Group, LLC. he owners are Kenneth and Tracy Cassady. The annexation request is for 4.08 acres of undeveloped property located at the southwest corner of Hwy. 50 and Oakley Seaver Drive. The existing zoning is CP (Planned Commercial) on the n rth portion and R-6 (Urban Residential) on the south portion. The rezoning request is from UE to C-2. One of the vari nce requests is to allow a 5 foot wide landscape buffer between the abutting property to the west, rather than 10 feet, an to ~llow slopes in the buffer up to 4 to 1 ratio across the entire width, rather than level flat ground. The second vari nce City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2005 LJ request is to allow a 10 foot wide landscape buffer on the east side along Oakley Seaver Drive, rather than 15 feet anc~ to allow slopes in the buffer up to 4 to 1 ratio across the entire width, rather than level flat ground. The variance requeslt is being applied for in conjunction with an annexation agreement and a request for annexation and rezoning. The south portion of Oakley Seaver Drive, from S.R. 50 needs an additional ten feet of right of way on the west side in order to provide the minimum for construction All other right of way has already been dedicated. The additional ten feet will be used to align the roadway from the north to the south. The City has requested ten feet from the applicant, with he understanding that they would request a variance for a landscape setback reduction. This variance would be consider d a hardship due to the fact that by dedicating the ten feet for right of way, the site dimensions would not permit the proposed use from the original design. This request is the minimum needed for the proposed commercial land use and rezoni g. Staff recommends approval of annexation; rezoning request to C2 General Commercial, the variance requests ~nd annexation agreement. '~, Mayor Turville opened the Public Hearing. There were no comments. Mayor Turville closed the Public Hearing Council Member Goodgame questioned if there is a traffic light planned at Hwy. 50 and Oakley Seaver City Manager Saunders confirmed that a traffic light has been planned and permitted and the contract signed for !the installation at Oakley Seaver. Council Member Mullins moved approval of the annexation agreement with Clermont Services Group seconded by Council Member Goodgame. The motion passed with all members present voting "ave ". • Council Member Mullins moved adoption of Ordinance 538-M.• seconded by Council Member Goodgame. The motion passed 4 to 0 on a roll call vote with all members present voting "ave ". Council Member Mullins moved adoption of Ordinance 539-M,' seconded by Council Member Goodgame. The motionpassed 4 to 0 on a roll call vote with all members present voting "ave ". Council member Mullins moved to Qr-ant the variances requested by Clermont Services Group; seconded by Council Member Goodgame. The motion passed with all members present voting "ave ". NEW BUSINESS Resolution 1463 A Resolution of the City Council of the City of Clermont, Florida, expressing the City's intention to be reimbursed from the proceeds of tax-exempt obligations for certain capital expenditures to be paid by the city prior to the issuance of such tax-exempt obligations; and providing an effective date. I~ City Manager Saunders briefed Council that in this years budget the City has money appropriated for an annual debt service for a lease purchase plan for a new fire truck. Chief Bishop found a good deal on a truck to purchase immediat ly. This resolution will allow us to utilize unrestricted reserve to purchase the truck and then reimburse the general fund o ce financing is in place which will be approximately three (3) or four (4) months from now. Council Member Goodgame moved acceptance of Resolution 1463 • seconded by Council Member Mullins The motion passed with all members present voting "ave ". • I 7 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2005 • Bid Award City Manager Saunders recommended approval of the purchase of a Fire Truck. Council Member Goodgame moved to approve the purchase of an aerial ladder truck for the Fire Department• seconded by Council Member Mullins. The motion passed with all members present voting "ave „ Ordinance 541-Mlntroduction An Ordinance of the City of Clermont, Florida, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the Small Scale Comprehensive Plan Amendment; setting for the purpose and intent of the Small Scale Comprehensive Plan Amendment; providing for the adoption of the Small Scale Comprehensive Plan Amendment; establishing the legal status of the Small Scale Comprehensive Plan Amendment; providing a severability clause; and providing an effective date. Council Member Mullins moved to introduce Ordinance 541-M• seconded by Council Member G odQame The motion passed with all members present votingave ". ~rdinance 542-Mlntroduction An Ordinance of the City of Clermont pertaining to previously adopted Ordinance No. 221-M, passed and ordained by the City Council on October 9, 1990 approving a petition for annexation of certain real property into the municipal limits of Clermont; providing that the real property listed in Ordinance 221-M contained an incorrect legal description and correcting the legal to refer to and include the real property that was the subject of the petition; providing for severability, conflict, and effective date. Council Member Mullins moved to introduce Ordinance 542-M• seconded by Council Member Goodgame The motion~assed with all members present voting "ave ". Ordinance 349-C Introduction An Ordinance of the City of Clermont relating to the regulation of the occupancy of buildings; amending Chapter 14 "Buildings and Building Regulations", division 2 "Certificate of Occupancy" of the City Code to create new section 14-62 "Suspension or Revocation of Certificate of Occupancy", providing for suspension or revocation of a Certificate of Occupancy by the City Manager based on specified findings; providing for appeal of such revocation to the City Council; and amending Chapter 122, "Zoning", Article V, "Supplementary District Regulations", by repealing section 122-349(E) "Termination of Occupational Licenses"; providing for severability, conflict and effective date. Council Member Mullins moved to introduce Ordinance 349-C' seconded by Council Member Goodgame The motion passed with all members present voting "ave ". • Ciry of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2005 :7 Appointment Gail Ash served on the Metropolitan Planning Organization (MPO) for Lake County representing the City Council. I~ay Goodgame has served as an alternate and would like to have that appointment. Council Member Mullins so moved to have Council Member Goodgame serve on the MPO• seconded by Council Member Renick. The motion passed with all members,present voting "aye ". ',i City Manager Saunders briefed Council on the Moorings project that the developer has entered into an agreemen to purchase the adjacent mobile home park and will return to the Council for a unified plan for the entire area. ADJOURN: With no further comments the meeting was adjourned at 8:38pm. • ATTES .~ ~f : ; ~' racy Ackroy ; - ity Clerk ;,~~ ~s~,~,; ~ ~. ~~, ~s ~' 4 `, F, t,, `y ~. ~~+.' ~. 5 , G i ~'~4. ' J1 J APPROVED: 9 Mayor Harold 1 urville