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03-28-2006 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2006 n LJ The Clermont City Council met in a regular meeting on Tuesday, March 28, 2006 in the Council Chambers at City Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Cc Members Mullins, Goodgame, Hogan and Renick. Other City officials present were: City Manager Saunders, Ass City Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. ELECTION RESULTS City Clerk Ackroyd gave the official results of the Special Election with Ann Dupee receiving 564 votes and Jack receiving 1,015 votes. OATH OF OFFICE City Clerk Ackroyd administered the Oath of Office to newly elected Council Member Jack Hogan for Seat 1. Council Member Hogan introduced his family and thanked his supporters. PUBLIC COMMENTS •lancy Fullerton, 368 Montrose Street, stated the Water Authority is receptive to a program of helping to eliminate w way littering and providing trash cans. They will be contacting the City Manager. Frank Lyon, 935 Brogden Drive, noted the speeders have slowed down on Brogden Drive and thanked the Council. Cindy Barrow talked about School Concurrency and provided a hand out to the Council. A website has been cre~ outlining portables on campuses at various school sites. Jim Purvis thanked Council for helping with the speeding problem on Brogden Drive. He further commented that required plantings along Wal-Mart are dying. Mr. Saunders noted they do not have any irrigation because the plants were planted at the last minute without irrigation. Staff has contacted Wal-Mart about this issue. MINUTES Council Meeting of February 28, 2006 Council Member Goo~ame approved the minutes as written • seconded by. Council Member Mullins. The motionpassed with all members present voting "aye ". REPORTS ~ity Manager Saunders reported that he attended the Lake County Board of County Commission meeting with City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2006 • City Manager Gray and Council Member Goodgame. The County Commission approved the proposal for the Jahna S. Mine property to build 900 homes on the site. This site is in the JPA. He delivered Council's message to deny project. Commissioner Cadwell opposed the project. This development will have to come to the Council for Utilities. City Attorney Mantzaris - No Report Council Member Hogan - No Report Council Member Goodgame expressed disappointment in the outcome of the Jahna Sand Mine property. He complimented the Fire Department on their response to the fire at the Texaco station. Council Member Mullins - No Report Council Member Renick - No Report Mayor Turville asked for an update on the expansion of Fire Station number 2. City Manager Saunders advised that is the station on Hancock Road. He met with architects last week and the plans specifications will be ready for a bid opening on April 14 with advertisements next week. It is planned to be on an age in May for Council to approve construction. Mr. Saunders also provided an update on the status of Fire Station number 4. They are working with the hospital on a ite r a temporary and permanent station. Staff is expecting to have a proposal for both a temporary and permanent sit at ~e next Council meeting. The architect is currently creating the scope of services for the design of the permanent stati n. Mr. Saunders expects to bring it to the next Council meeting. As it relates to the temporary facility, staff is plannin to have a temporary facility and already has the apparatus. Staff was talking to another agency about using a porta le housing unit they were planning to get rid of and now the agency is not sure when to release it. Therefore, staff has be un to contact companies about leasing a modular unit. Chief Bishop is also looking at a temporary structure to cover he apparatus. Mr. Saunders further commented that Lake Sumter EMS wants to co-locate at that site and the design ill accommodate. Council Member Renick requested scheduling an all day workshop to catch up on projects. PRESENTATION Cypress Ridge Elementary School Ms. Olson, 3`d grade teacher, and Mrs. Gording, 4"' grade teacher, presented a student led special service project to h lp teachers and children affected by Hurricane Katrina. The quilts will be displayed throughout the city asking for donati ns for the cause. A drawing will be held on May 4"' at Cypress Ridge Elementary School. Republican Environmental Summit -America Award Shawn Parks with REP America honored Council Member Renick with an award. This is presented to elected ofi around the state that exemplify good conservation efforts. Mrs. Renick received the Council Member municipal a She was nominated for promoting growth management and protection of Lake County water resources. • City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2006 • Mayor Turville noted that the following items have been postponed: Resolution No 1472, Resolution No. 1473 Resolution No. 1475. Mayor Turville also moved the Library item up on the agenda. CONSENT 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 -Plat Approval Item No. 2 -Equipment Surplus Item No. 3 -Event Request Brown & Brown Inc. Sandhill Commons Unit II Request approval to declare vehicles from the Police as surplus Request use of the 8`" Street Trailhead fora 5 mile walWrun on Apri129 to benefit the Lake County School Board "Get Healt Program" Council Member Hogan noted a date change for the event request to be Apri129 instead of April 1. Council Member Mullins moved to approve the consent agenda as amended.• seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". NFINISHED BUSINESS Council Appointments The Planning and Zoning Commission has three (3) vacancies. The City received 5 responses from the following: Banzhaf, Stephen Berlinsky, Salvatore DeSalvo, Nick Jones and James Simon. Mr. Saunders noted that Nick Jones had to leave the meeting early. Salvator DeSalvo expressed his interest in being appointed. Steve Berlinsky spoke of his interest in being appointed. Council Member Renick moved to appoint Berlinsky Banzhaf and Jones • seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Council Member Mullins moved to accept David Lofgren to the Police O~cers Pension Board and Steve D'Amico to the Firefighters Pension Board• seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Council Member Goodgame moved to appoint William Erwin and Cathy Kyle to the MPO Bicycle Pedestrian Advisory Committee • seconded by Council Member Mullins. The motion passed with all members present votin~"aye ". gill U City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2006 Manor Turville appointed Barbara Groves to the Parks and Recreation Committee. Ordinance No.545-M-Final Hearing Mayor Turville read the title of Ordinance 545-M aloud. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, adopted pursuant to section 125.01(1)(q), Florida Statutes (1999), consenting to the inclusion of the City of Clermont, Florida, within the county-wide municipal services taxing unit for the provision of ambulance and emergency medical services as adopted by the Board of County Commissioners of Lake County, Florida; providing for the City to be included within said M.S.T.U. for a specified term of years; providing for severability, providing for an effective date and providing for publication. Mayor Turville opened the public hearing. Mr. Saunders explained that several years ago Lake County started a MSTU which is a way to fund ambulance see They requested all cities to be apart of the service. We have to adopt an ordinance to be included in this district. receive money back to help fund the Fire Department advanced life support and recommends approval. Ed Proli, retired Fire Chief of Halendale, spoke in favor of the Ordinance and voiced concern with only having •cnbulance service in the City. City Manager Saunders stated that the ambulance service lost their quarters and will temporarily co-locate with us at Station No. 1. They will co locate with the City at Fire Station No. 4. Mayor Turville asked staff to follow up on the level of service, if there would be a change. Council Member Mullins moved adoption off' Ordinance 545-M• seconded by Council Member Goodgame The motion passed S to 0 on a roll call vote with all members present voting "aye ". Under discussion, Mayor Turville asked to assign language to the level of service. City Manager Saunders advised would not be the appropriate document and suggested an inter-local agreement. Ordinance No. 546-M-Final Hearing Mayor Turville read Ordinance 546-M by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing and permanently abandoning a parcel of land located in Section 18, Township 22S, Range 26E, Lake County, Florida being more particularly described as: beginning at the northwest corner of lot 145 Lakewood Ridge Phase 5 as recorded in plat book 35, page 79 of the public records of Lake County, FL; thence SO 1 degrees 08 minutes 03 seconds W, along the east line of the SE '/4 of said section 18, a distance of 968.54 feet to a point on the northerly right-of--way line of Citrus Tower Boulevard (100-foot right-of- • way); thence N89 degrees 27 minutes 31 seconds W, along the northerly right-of--way of said Citrus 4 City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2006 • Tower Boulevard, a distance of 15.00 feet to a point; thence leaving the northerly right-of--way line of said Citrus Tower Boulevard, NO1 degrees 08 minutes 03 seconds E, a distance of 968.53 feet to a point on the southerly right-of--way line of Division Street (60-foot right-of--way); thence S89degrees 29 minutes 06 seconds E, along the southerly right-of--way line of said Division Street, a distance of 15.00 feet to the point of beginning; repealing all Ordinances in conflict herewith, providing for severability, providing for publication and providing for an effective date. Jim Hitt, Planning Director, briefed Council on the petition for a right of way/easement closing located on the east si Citrus Tower Village. The residential properties to the east have been developed, and the area west and directly adj is used for the commercial retention/drainage. This right of way was discovered after the development was comp and is part of the commercial development, complete with landscaping and setback requirements. Internal roads been provided within the commercial site that provides access north and south, and the 15 foot right of way is no 1~ needed. Staff recommended approval. Bob Shaker was present and available for questions. Council Member Mullins moved adoption of Ordinance 546-M,• seconded by Council Member Good ame. The motion passed S to 0 on a roll call vote with all members present voting "aye ". Library Proposal of ity Manager Saunders provided background information on the Cooper Memorial Library. It was located in the build ng ~n the corner of Montrose Street and Lake Avenue. The City and Lake County entered into an agreement for the Cou ty to utilize that building as a library. The Cooper Library Board voted to turn over the library contents to Lake Coun to become a branch. Later, there were problems with the roof with mold and mildew in the building. Then, the library as relocated to a temporary location on 8`i' Street where it is currently located. The City hired a consultant to do an extens ve inspection of the building to determine what could be done to make it usable again. Each Council Member was give a report of that inspection. There were several options given ranging from demolition of the building, redoing the roof nd gutting the inside. The Mayor and City Manager met with the County Administrator and the Lake County Libr ry Services Director to discuss the future of the library. The citizens would like to retain a library in the downtown a a. Lake County is proposing to provide a joint library on the Lake Sumter Community College Campus however there 's a need for a library downtown. There is a proposal for the Council to consider. County Administrator, Cindy H I1, recommended the Council send a formal proposal to take to the County Commission. The proposal is to replace he existing roof at an estimated cost of $180,000 and do a complete interior demolition including the mold and mil w remediation at a cost of $81,250, pave the grass parking lot and paint exterior for $26,000 which equates to an estima ed cost of $286,000. That figure is from October 2005. This is one of the options being recommended to Lake Cou ty. Then, Lake County could go in and redo the interior to operate and function as a library and give a commitment to he number of years to operate as a library. This would have to be approved as an inter-local agreement. There as discussion of tearing down that facility and building a larger structure. If that is their decision, staff suggested a donat on toward a new facility in the amount of $300,000. Council Member Renick commented the City owns the land. Council Member Goodgame suggested the County pay the City a sum amount each year for maintaining the building. e further noted ensuring the air conditioning is in operating condition. Also, recommended the County work with us on he side of the building. It is not necessary to demolish the entire interior of the building since the mold and mildew i in City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2006 • isolated areas. City Manager Saunders stated the report recommended complete removal of the mechanical or either cleaning replacement of duct work which is included in the cost. Mayor Turville suggested adding a paragraph, if agreeable, to cover the details of Council Member Goodgame's City Manager Saunders noted those details would have to be specifically outlined in the agreement. or City Attorney Mantzaris suggested a language revision to include a long term no rent lease. The County will have costs to occupying the business. City Manager Saunders estimated an increase from the $286,000 figure to be approximately $310,000 to $320,000. Council Member Goodgame moved to make a proposal to the County or the City spending as much as $320.000 for the refurbishin~of the library and look for them to take the library over and paving us the maintenance annually they would pay all of the electrical and operating; costs and the Ci Manager will work with them on the inside of the building; seconded by Council Member Mullins. Nancy Fullerton questioned the parking. Mayor Turville remarked the parking is adequate and the lot to the west will be paved. ~onnie Ray, President of Library Board, commented she would like to walk through the building with a representative to provide history of damage and leaks in the building. Also, the furnishings in the building the County not want and gave to the board. She estimated $100,000 worth of furnishings which is still usable and belongs to board. If the building can be used as a library again, she suggested these furnishings be kept for that purpose. Mayor Turville asked Mr. Saunders to have someone accompany her. The motion passed with all members present voting "aye ". Mayor Turville called for a recess at 8:14pm; the meeting reconvened at 8:29pm. FDOT SR SO/IIS 27 Interchange Shad Smith, FDOT Design Project Manager, was present with two (2) alternatives known as 6B and 6C for the p~ interchange of SR 50 and Hwy 27. Mayor Turville opened the Public Hearing. Mayor Turville noted several designs have been reviewed and suggested option 6B as the best option to move quickly and freely through the interchange. Council Member Renick noted the only difference between the options is Grand Highway being a straight road. r~ U City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2006 Mr. Smith noted that both options have positives and negatives. Council Member Goodgame moved to recommend alternate 6B Cecelia Bonifay, Esq., Akerman Senterfitt, on behalf of McGill Properties, suggested not giving a pre determined po as it relates to McGill properties request and asked Council to wait to make a recommendation after hearing proposal. City Attorney Mantzaris stated there would be no harm in waiting to make a decision on the interchange proposal. Council Member Goodgame moved to table item 4 o the agenda until after the Lowe's Presentation; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". These next items will be heard concurrently as they are all related. Ordinance No. 547-M-Final Hearing Mayor Turville read Ordinance 547-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. ~rdinance No. 543-M-Final Hearing Mayor Turville read Ordinance 543-M aloud by title only. 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 forth 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 for severability clause; and providing an effective date. NEW BUSINESS Resolution No. 1471 Mayor Turville read Resolution 1471 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 with one main anchor tenant and four out parcels. Variance Request - Lowe's • City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2006 L' Barbara Hollerand, Planner, reviewed the Annexation and Small Scale Amendment items. The project name is Oak ill Commons. The owner is Clermont Land Development, LLC. The applicant is Cecelia Bonifay, Akerman Senterfitt. he request is to annex 4.54 acres, located on the southeast corner of Hooks Street and Lake Wilma Drive. The request is so to change the future land use from County Urban to UD-2 Commercial. The vacant property and existing buildin is County R-6. This property is proposed for development as a storm water pond, providing retention for the prop owner's proposed 27 acre commercial site along S.R. 50 and Grand Highway as well as for the Hooks Street right of w y. This is the only parcel associated with the proposed development that is not currently in the City. A request for rezon ng to PUD for the entire 31 acre commercial site accompanies the annexation application. The City's position has been t at Residential/Professional is the appropriate future land use for properties bordering the south side of Hooks Street. T is future land use is intended to buffer the highway commercial along S.R. 50 from the residential areas south of Ho ks Street. While this parcel is south of Hooks Street and in the buffer zone, it is proposed as a storm water retention area or an appropriately sited commercial center and for the Hooks Street right of way. When developed in conjunction wit a master planned commercial property, this expansion southward of the Undeveloped District 2 (UD-2) Commercial fut re land use is appropriate for this location. Staff recommends approval of the annexation and future land use change Jim Hitt, Planning Director, presented Resolution 1471 and the variance request. This is a request for a Planned nit Development with one main anchor tenant and four out-parcels. The analysis and recommendation is based on he realignment and approval of the proposed interchange at S.R. 50 and Hwy. 27, including the realignment of Gr nd Highway, as proposed by the applicant. The alignment is needed to accommodate the 170,000 square foot building, he applicant requests a conditional use permit for a Planned Unit Development. The development will consist of a Low 's Home Improvement store and 4out-parcels. The site is approximately 31.5 acres and fronts on Grand Highway just no h •f Hooks Street. The proposed Home Improvement store will occupy approximately 170,000 square feet of build ng space. The remaining out-parcels will also have frontage on Grand Highway. The parcel is heavily wooded with la ge oak trees that would ultimately be wiped out by the proposed project. The parcel is also severely sloped which crea es grading issues throughout the 31 acres. The variances requested are: to allow a retail building over 100,000 square f ot, grading in excess of 15 feet, sloped landscape buffers, retaining wall's in excess of 6 feet in height, and parking co nt reduction of 234 spaces. Planning Director Hitt reviewed several issues for the proposed development of this site. St ff recommended denial of the requested CUP/Planned Unit Development. If approved by the Council, staff recommen ed applying conditions for the project. Applicant, Cecelia Bonifay, Esq., spoke on behalf of the property owner. She advised they had to go through three ma or redesigns of the project to include multiple staff review meetings to accommodate staff requests as well as the r ad improvements. She noted a number of public benefits to include producing approximately 175 jobs for the area, ad valorem taxes, impact fees, and not placing a burden on the schools. Hal Kantor, Lowndes, Drosdick, Doster, Kantor, & Reed Law Firm representing Lowe's, gave a presentation on proposed project. Lowe's would like to be in the City of Clermont and requested approval of the design from the Coin Mr. Kantor noted the loss of trees would be replaced. Roger Strcula, Upham, Inc. Consulting Engineer for Lowe's, illustrated the appearance of the project when completed. Mayor Turville opened the public hearing. ~hn McGill, President of McGill Properties and owner of the property, stated they acquired the land two and a half City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2006 • ago. He has spent a great deal of time working with staff attempting to embellish the development. This will be a development on a challenging site. He requested Council approval or to consider withdrawal of the application. Jim Purvis, 4206 Hammersmith Drive, advised that he had a personal discussion with Ms. Bonifay on the project. stated Lowe's is not the project for the site and asked Council to realign Grand Highway. Nancy Fullerton, 368 Montrose Street, noted the site is unsuitable for this project. Cecelia Bonifay remarked they reserve the right to withdraw if it is not in the best interest to proceed with the proposal. Tom with the Department of Transportation stated their primary concern is the design process. From their perspecti they would like to have something to preserve the corridor. ity Council Member Goodgame asked if the road design is adequate enough for the impact this development would have on those roads. Greg Curran, Traffic Study with AVID Engineering, stated the estimated traffic count will be at 5,087 per day. The counts were projected through 2026. Some of those projections included upcoming improvements of the fore growth rate. Mayor Turville stated the problem with the proposed project is a difficult site. ~ouncil Member Goodgame questioned the largest store being built. Mike Reynolds, employed by Lowe's, confirmed the proposed store represents their largest prototype. Council Member Mullins stated the design of this store is very good except for the wall and fence. He further vo concern with Lowe's at this location. Council Member Renick expressed concern with traffic at that intersection. Cecelia Bonifay remarked they would like to withdraw the application for the CUP and the variances leaving he Comprehensive Plan amendment and the annexation to be approved. She also suggested an alternate way such a a workshop to not get this far in the process and then withdrawing. Mayor Turville reiterated the applicant's decision for Resolution 1471 and the variance requests to be withdrawn. Council Member Mullins moved adoption of Ordinance 547-M.• seconded by Council Member Goodgame. The motion passed 4 to 1 on a roll call vote with Council Member Hogan opposing. Council Member Mullins moved adoption of Ordinance 543-M.• seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote with all members present voting "aye ". • City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2006 • FDOT Interchange Design City Manager Saunders explained that alternate 6C is the realignment of Grand Highway between S.R. 50 and High. 27. If the City Council considers realignment, he suggested the property owner dedicate that right of way so Department of Transportation does have the ability to plan. Along with the dedication of the right of way, they we expect the City Council to vacate the existing right of way. Mayor Turville remarked on his preference for 6B. Council Member Mullins commented that alternate 6C provides a wider Hooks Street Charlie Russ, 1993 S Hwy 27, owns properly in question of alternate routes. If the Council approves option 6B, he sty the Department of Transportation would take his property causing his business to not survive at that location. Council Member Goodgame moved to approve Alternate 6B; seconded by Council Member Hogan. The motion passed 4 to 1 with Council Member Mullins opposing City Manager Saunders suggested postponing portions of item 9 on the agenda to the next meeting. Mayor Turville called for a recess at 10:37pm; the meeting reconvened at 10:51pm. Winona Bridge Repair ~ity Manager Saunders advised Council that staff has looked at repairs to the Lake Winona Bridge. The City hi ed Kimley-Horn to do a study regarding three (3) options for repair to the bridge. City Engineer Richardson recommen ed we move forward with the design and construction of option 2. Mr. Saunders reviewed the 3 options. Option two lea es the culvert in place, concentrates on the road, removes the top and puts in a reinforced new slab to take the weight of of the culvert. The estimated cost is $215,000 for option two. Staff could not justify spending more for a wider passage or the canal. City Manager Saunders concurs with the recommendation. Mayor Turville opened the public hearing. Don Tracy, 800 W. Lakeshore Drive, prefers to replace the culvert with a new bridge structure. Keith Selder, 1325 West Avenue, commented the roadway is a hazard in its current condition and limits the size of Dave Peterson 916 West Lakeshore spoke in favor of the City building a bridge. Roy Davis, 1445 Lake Avenue, recommended replacing the culvert with a new bridge. Bob Felter, 1605 Lake Avenue, prefers a new bridge as a long term remedy. George Smith, 1055 West Minnehaha, recommended a bridge. Mayor Turville closed the public hearing. I~ U 10 City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2006 • City Manager Saunders clarified the approaches are the same with either option 2 or 3. The additional cost is associated with changing the approaches to the bridge. He further clarified the culvert sunk approximately 3 inches the last few years. Tamara Richardson, City Engineer, expressed concern with option 3 as far as construction of retaining walls and culvert has not shown any signs of deterioration at this point. Council Member Goodgame questioned if the price includes sheet pilings. Chris Germano, Kimley Horn & Associates, confirmed the price does include the sheet pilings. Council Member Goodgame asked what would happen to the boat houses while driving the sheet pilings. Mr. Germano noted it could be unstable providing an additional cost. Council Member Mullins questioned the lifespan of a new bridge. Mr. Germano estimated 50 to 100 years. Mayor Turville advised the prior bridge was out of compliance thus the reason for the bridge change. Council Member Renick would like to hear from the property owners affected and further commented she is leas ward the bridge. City Manager Saunders suggested tabling and notifying the four property owners around the bridge of the proposal. One of the property owners asked if anyone investigated the possibility of reusing the columns. City Manager Saunders stated they do propose to use the columns if the testing shows they will support the new for the bridge. Keith Selder commented on the owners on the east side toward Lake Minnehaha; their sea wall is severely cracked to point where it needs to be rebuilt as well as their boat house. There are major structural problems with the seawall on west side of the canal at this point. City Manager Saunders noted concern of the impact on those seawalls. Council Member Mullins questioned considering a bridge if the property owners pay for a sea wall. Council Member Renick asked City Manager Saunders to meet with the four (4) property owners. Mr. Saunders suggested scheduling a meeting with those owners to explain the options and invite to the Council Council Member Renick moved to table the Winona Bridge proposal • seconded by Council Member Mullins The motion~assed with all members present voting "aye ". • 11 City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2006 • City Manager Saunders noted staff will attempt to bring back to Council in 30 days. Variance Request -Keith Myers Curt Henschel, Principal Planner, reported on the variance request. The applicant is requesting a 22.9 foot front buil~ setback and a 35 inch side yard setback for an expansion of a single family residence located at 328 West Montrose St The expansion is for the enlargement of the family room and porch of the existing residence. The applicant has stated is necessary for his growing family. The residence has an existing setback of 35 inches from the western property and the applicant wishes to extend the wall parallel to the property line an additional 8 feet. Staff feels a hardship in case is demonstrated by the house being built in 1925 before the current Land Development Regulations were in p] Almost any expansion to the house would require a variance or present other constraints for the parcel. ~ recommended approval for the 35 inch west side yard setback and a 22.9 foot front yard setback. The applicant is requesting a variance for a rear yard setback of 7.5 feet. This setback request is fora 24' x 24' detached gar Currently the applicant has a very large Ear Tree growing in his back yard. Trying to preserve the tree the appli would like to position the garage between the tree and the rear properly line. Although the garage may alleviate s parking off of Montrose Street, staff feels a hardship has not been proven in this matter and recommends denial of the setback variance request. Keith Myers was present to request approval of the variances. He read aloud a note written by Nancy Fullerton adv she has no objection to this request and spoke with the requestor's neighbor who remarked they did not have objections either. ~he applicant and Council discussed his request fora 2-story garage. Council Member Renick moved to tjrant the variances requested for 328 W. Montrose Street: seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Resolution No. 1474 Mayor Turville read Resolution 1474 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 aRetail/Professional Building with more than 4 users. Curt Henschel, Planner, presented the request for a CUP in C-2 (General Commercial) zoning to allow for a retaiUprofessional building with more than 4 users. The applicant requests a CUP for an office and retail center w th 15,000 square feet of space. The parcel is within the Sand Hill Commons Development and is zoned for commercial us s. The applicant is proposing to construct one three story building with access from Sandy Grove Avenue. The site is approximately 1.3 acres and is currently vacant. There is a mixture of commercial uses in the vicinity of the subj ct property. There are existing and expanding retail and professional offices to the east and west of the parcel. St ff recommended approval of the request for a Conditional Use Permit. John Schmid, applicant, was present and available for questions. Mayor Turville opened the public hearing. There were no public comments. • 12 City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2006 L~ Council Member Renick moved approval of Resolution 1474; seconded by Council Member Mullins. The motion passed with all members present voting"aye ". Development Agreement -Hunter's Trace -First Hearing City Manager Saunders advised this is an amendment to the Hunter's Trace Development Agreement. L Agreements require two (2) readings. This is the first public hearing of which no action is necessary from the The second hearing will be at the next Council meeting. Mayor Turville opened the public hearing. There were no public comments. Resolution No. 1469 Mayor Turville read Resolution 1469 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida adopting procedure for sale and transfer of internment rights for Oak Hill Cemetery in accordance with Chapter 22 of the Code of Ordinances of the City of Clermont, providing for the repeal of all Resolutions in conflict herewith and providing an effective date. City Manager Saunders advised this creates a new form for the deed and allows the City Clerk to sign the deeds. Council Member Goodgame moved acceptance of Resolution 1469; seconded by Council Member Mullins. The motion passed with all members present votin~ye ". Large Scale Comp Amendment Transmittal Hearing Barbara Hollerand, Planner, presented the Large Scale Comp Plan Amendment transmittal hearing. There are a total o items. She requested the Council postpone all items except items numbered 6 and 7. Council Member Renick moved to postpone all items except items numbered 6 and 7 to April 11; seconded by Council Member Mullins. The motion passed with all members present votin~aye ". ;il. f9 Barbara briefed Council on item 6 Hancock Commons. It is approximately 13 acres located at the corner of SR 50 nd Hancock. The request is to change the future land use from County Urban to UD-6 Commercial. She further noted an amendment to the language of UD 6 to include a floor area ratio which is the intensity standard for Commercial. T is property was annexed in August and rezoned C-2. A CUP was also approved to allow a 39,000 square foot shopp ng center for retail and restaurant uses. Four out-parcels were also approved as part of the CUP. Staff recommends sett ng the floor area ratio at .26 to provide development flexibility for the parcel. The Planning & Zoning Commission ands ff recommend approval. This is for transmittal with adoption in June or July. Council Member Goo~ame moved for transmittal of item 6; seconded by Council Member Mullins. The motion passed with all members present votin~zr ye ". • 13 City of Clermont MINUTES REGULAR COUNCIL MEETING March 28, 2006 • Barbara presented item 7. The owner is Hancock Fifteen LLC. The applicant is Lee Tucker. The existing zoning is 1. The land use change will be from UD 6 Residential to UD 6 Commercial. This property is proposed for development a 95,000 square foot professional office center on 10 acres and approximately 5 acres of commercial out parcels. he applicant does have a signed development agreement between the property owner and the Hills of Clermont Homeown rs Association. It describes the proposed development and does prohibit some uses. Staff recommends approval of the ap and text change. Council Member Goodgame moved acceptance of transmittal of item 7; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". ADJOURN: With no further comments the meeting was adjourned at 12:08am. • ATT ST: ,~~~ G Tracy Acy~gxd, City C1 rk .. ~ '. ~~~ ~, ''. • rf } ~, ~l3~f .k n,: aM1,~w {~ 11 iit,i~E~' ' J1 I APPROVED: Harold Turville 14 CITY OF CLERMONT, FLORIDA INTER-OFFICE MEMORANDUM TO i FROM: Wayne Saunders, City Manager Steve Graham, Police Chief DATE: 03/06/2006 SUBJECT: Surplus Items REFERENCES: surplus vehicles ENCLOSURES: FILE: I would like to remove these vehicles from the police fleet and declare them as surplus: 1996 Chevrolet Lumina #2101 VIN#: 2G1WL52M4T9203748, It has 96,000 miles and is in poor condition. 2000 Ford Crown Vic #2120 VIN#: 2FAFP71W2XX134088, It has 128,010 miles in poor condition, needs transmission work and a power steering repairs. 2002 Chevrolet Impala #2105 VIN#: 2GIWFSSK329299596, It has 104,776 miles in poor condition. It nee s a replacement transmission and lightbar is inoperative. C~ •