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08-22-2006 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2006 • The Clermont City Council met in a regular meeting on Tuesday, August 22, 2006 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, and Goodgame. 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 followed by the Pledge of Allegiance. PUBLIC COMMENTS Nick Jones invited the community to the CCHS ribbon cutting on Thursday, August 24 from Spm to 7pm on Chestnut Street. Jim Purvis, President of Kings Ridge Homeowners Association, voiced concern about the slow progress of the Fire Station No. 2 expansion and requested a completion time frame. City Manager Saunders responded that the contract has been awarded and signed with the General Contractor to do the work. Mr. Saunders spoke with the architect who advised there is a delay with Lake County on the permit. Staff will try to verify the status of the permit from Lake County. At this time, the contractor is ready to proceed. Mayor Turville asked City Manager Saunders to respond to Mr. Purvis in writing. • John, President of Hartwood Pines Homeowners Association, thanked staff for sending Police Officers to monitor traffic in their neighborhood. He advised of speaking to the principal of the Charter School regarding the dumpster issue and she has agreed to have it moved to another location. Also, the principal is considering placement of a 6 foot chain link fence. Council Member Goodgame advised that the principal of the school called him. She initially wanted to put up vinyl fencing however the kids could jump right through it. Cindy Emely, Hartwood Pines resident, questioned the possibility of an exit gate or barricading the road. City Manager Saunders advised the only way a gate could be installed is if the homeowners want to make it a private street. He noted if it is the direction of the Council to consider speed bumps, they need to establish criteria. He also noted that Lake County has agreed to post `No Truck' signs on Hartwood Marsh Road and Hancock Road. Council Member Goodgame recommended speed bumps and a speed platform. Mayor Turville asked to hear alternatives from staff and to schedule it on a Council agenda. City Manager Saunders advised that staff will get the criteria together and present to council. Cindy Emely requested a 6 foot fence and landscaping all around the school. City Manager Saunders advised there is nothing the City can do about a fence or landscaping since it is • not in the city limits. He urged the residents to talk to the County Commission. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2006 • Ms. Watson, Principal of South Lake Charter School, stated the fence was not included in the plan. It was built according to the plans approved. She advised they will provide fencing and will work closely with the neighborhood. MINUTES Minutes of the Joint Workshop held on June 28, 2006 Council Member GoodQame moved to approve the minutes of June 28 2006• seconded by Council Member Mullins. The motion passed with all members present voting "aye „ PROCLAMATION Mayor Turville read the Proclamation aloud declaring Constitution Week for September 17 - 23, 2006. REPORTS City Manager Saunders reminded Council of the School Concurrency Meeting at 6:30pm on Thursday, August 23, 2006 at Lake Receptions. City Attorney Mantzaris - No report Council Member Goodgame remarked on a development called The Overlook where they have been distributing brochures indicating they are inside Clermont city limits of which they are not. • He turned it over to the City Attorney and he wrote a letter advising them to change their ads. Council Member Mullins commented on not seeing any illegal signs posted on Hwy 50 over the weekend. 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 -Budget Amendment Request approval of an amendment to the Public Works Budget in the amount of $3,636.59 for the purchase of a generator for Public Works and refueling areas Item No. 2 -Impact Fee Credit Item No. 3 -Task Order - Amendment Request approval of an Impact Fee Credit to Baffles Property, Inc. in the amount of $14,370.42 for water main upsize Request approval of an amendment to Task Order No. 6 in the amount Sunburst Lane Water Treatment Plant of $36,101.00 to Boyle Engineering Services for the Sunburst Lane Treatment Plant LJ City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2006 . Item No. 4 -Professional Service Contract Transfer Request approval of the transfer of assignment of engineering services from Farner, Barley & Associates, Inc. to Booth, Ern, Straughan & Hiott as a consultant for continued engineering services for the City Item No. 5 -Metropolitan Planning Organization Request for funds from the City to support the MPO legislative (MPO) advocacy activities in the amount of $100 for a contribution. City Manager Saunders pulled item 4 from the consent agenda advising that staff will bring it back to a Council meeting at a later date. Council Member Mullins moved to approve consent agenda items 1 2 3 and S ~ seconded by Council Member Goodgame. The motion passed with all members present voti~ ,~a„'L UNFINISHED BUSINESS Mayor Turville advised the next two items will be heard concurrently as they are related. Resolution No. 1475 -Woodwinds Development Mayor Turville read Resolution 1475 aloud by title only. • 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 residential condominium. Variance Requests -Woodwinds Development Curt Henschel, Planner, reported on the Conditional Use Permit for a Planned Unit Development. The development is named Woodwinds Condos and the applicant is Jayson Stringfellow. The request is to allow amulti-family residential Planned Unit Development at a density of 10.8 units per acre. The applicant is proposing to build up to 108 upscale multi-story condos, including some with basement garages. By establishing a Planned Unit Development within the UD-5 future land use district, the developer is able to request a maximum density of 12 units per acre. With the heavily sloped parcel the applicant is proposing to construct 9 residential buildings yielding a 10.8 unit per acre maximum density. The proposed buildings will be terraced to cope with the topography of the parcel. City staff has worked with the applicanddeveloper throughout the Conditional Use Permit application process to address the requirement of the City's Growth Resolution No. 1440. Due to the proposed 108 units in the condominium project, mitigation was required from the Lake County School Board to account for the added students that would be generated. Under the UD-5 land use, 80 units would be permitted, however the additional 28 units triggers the requirement for a PUD zoning. This would increase the number of students, putting Resolution 1440 into effect. After several months of private meetings with the school board staff, and members trying to address the mitigation required, the applicant met with the School Board on August 16, 2006. The Board did not present any choices or recommendations, nor did • the Board accept any recommendations or requests from the applicant that were presented. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2006 • After much deliberation, the applicant has proposed a new concept for the CUP/ PUD to allow the project to be phased until such time that school concurrency and mitigation would be adopted, or to allow the development to be restricted to 28 units as age restricted and 80 units unrestricted. The mitigation would permit, by ordinance, the applicant to pay into the school system. Or, as an alternative, the 28 units would be age restricted, not effecting the schools. Staff recognizes that the proposed conditions have changed from the original staff report recommendation of denial. Provided the new conditions are met, staff is not opposed to the approval of the conditional use permit with the following condition amendment. Section 2- Land Use 2) The project shall be phased to allow the first 80 units of the 108 total, to be built without mitigation of the student generation. The final 28 units, or phase 2, can only be built under either of the following conditions: a. The 28 units in phase 2 can only be built if the applicant and/or builder apply for mitigation and receive concurrency from the Lake County School Board, as it applies to Florida Statutes and the School Concurrency requirements, as to be adopted by the Lake County School Board and the City of Clermont. b. The 28 units in phase 2 can only be built if they are age restricted, in accordance with the applicable laws of Florida, which would result in no generation of students. • Mr. Henschel reviewed the two (2) variance requests. The applicant is requesting to provide 9 x 18 parking spaces under the buildings. This will allow the developer not to have as much exterior parking that will only require further grading and retention areas. Also, by providing parking under the building, staff believes this is one additional step in buffering the parking area, and it will be the condo owner's choice to accept the 9 x 18 parking space. Since this is not a commercial destination, and the parking area will be mainly utilized by the residents of the condos, staff recommends approval of the 9x18 parking spaces. To accommodate the under building/underground parking, the applicant is also requesting an overall building height of 50 feet and an interior "habitable" height of 39 feet. In order to work with the topography of the property and maintain building aesthetics, the applicant is requesting this height variance. Staff believes the design style of the roof can be altered to meet the city height requirements of 35 foot habitable and 45 foot overall. Staff recommends denial of the requested height variance. Jayson Stringfellow, applicant, 1455 W. Lakeshore Drive, was present and available for questions. Mayor Turville opened the public hearing. Steve Berlinsky, 1217 N. Jacks Lake Road, lives immediately north of the Northridge subdivision. He requested a tree buffer to hide the condos from the residential homes abutting the south line of the project. Jim Purvis questioned the 9 foot parking spaces under the buildings and requested the 28 condo units be 100 per cent age restricted. • Council Member Goodgame requested dividers between the 9 x 18 parking spaces. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2006 • Council Member Renick arrived for the Council meeting at 7:47pm. Council Member Mullins voiced concern with dividers. Mr. Stringfellow stated it is a customary space as it is the same design as the Yacht Club. He agreed with Council Member Mullins that dividers would be difficult. Council Member Mullins questioned the actual size of the parking space. Mr. Stringfellow replied that the parking space is actually 9 foot 4 inches and noted everything is preliminary at this time. Furthermore, he commented they have tried to eliminate as much of the impervious area as possible as they are trying to build a good looking development. Council Member Mullins inquired if site review looks at the project. City Manager Saunders confirmed that they do. Council Member Mullins moved acceptance of Resolution 1475 • seconded by Council Member Goodgame. Under discussion, Mayor Turville voiced concern with accommodating the request. Council Member Renick voiced uncertainty with voting on an issue of which she was not present for the entire discussion. • City Attorney Mantzaris advised Council Member Renick she could step out of the Council Chambers. Council Member Renick removed herself from the Council Chambers while the remaining members voted on Resolution 1475 and Woodwinds Development variance requests. The motion passed 2 to 1 with Mayor Turville opposing Council Member Goodgame moved to denv the variance request Mayor Turville passed the gavel to second the motion for discussion. Mayor Turville asked if Council could qualify a variance in a motion. City Attorney Mantzaris advised Council they can require dividers as part of the variance approval Council Member Goodgame amended the motion to accept the 9 x 18 spaces with dividers: seconded by Mavor Turville. The motion failed 2 to 1 with Mavor Turville and Council Member Mullins opposing. Council Member Mullins moved to approve as requested The motion failed for lack of a second. City Attorney Mantzaris stated it may be appropriate to have the applicant be heard before a full board • Mayor Turville asked the applicant as it relates to due process, if he prefers to be heard by the full board. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2006 • Jayson Stringfellow, applicant, requested tabling both of the variances until there is a full board present. Council Member Mullins moved to table the variance requests to the next meeting of September 12; seconded by Council Member Good,~ame. The motion passed with all members present voting „aye ". Jim Purvis questioned the CUP being approved without a full board present. City Attorney Mantzaris advised that city code allows the majority to approve. JPA Review -Clouts Groves, Inc. Assistant City Manager Gray addressed the request for properties that lie within the JPA for Clouts Grove. The request is to rezone 550 acres from Agriculture to PUD. The applicant desires to develop this site for both residential and commercial uses. The property is south of Hartwood Marsh Road adjacent to and east of US Hwy. 27. This request will go to the County zoning board on September 6 and to the Board of County Commissioners on September 26. The City did not receive a staff report from Lake County. These are preliminary plans. City Manager Saunders advised this is just a land use change. The request is in conflict with the future land use proposed by the City of Clermont and Lake County staff. Assistant City Manager Gray commented the City proposed one (1) to the acre. • Cecelia Bonifay, applicant, was present on behalf of Mr. Clouts. The land use for the project is 4 to 1 urban expansion. Mr. Clouts worked with the Karlton group when putting together a proposal for a road through this property providing access from US Hwy 27. Mr. Clouts stated he has owned the land for over a decade and has been apart of the citrus industry. Council Member Mullins stated this is in the 180 district but at a higher density than expected. Council Member Goodgame commented on not having any proposed facilities for a school or park. Council Member Renick believes the project to be premature in reference to Karlton and Horizons West. These decisions will be made with the new comprehensive plan and is not in favor of a recommendation to proceed with a change to the Planned Unit Development at this time. Cecelia Bonifay reviewed what is being planned for the site to include 2.5 units per acre for single family on 300 acres; multi family has 510 units; 120 hotel units, as well as commercial and office space. Furthermore, he would like to continue growing citrus. This has had a future land use of 4 to 1 Urban Expansion allowing commercial. Ms. Bonifay noted this is a development plan proposed for future use of the property and would like to work with the City of Clermont. Council Member Renick moved that we recommend to the County to not consider a change in zoning at this time• Mayor Turville passed the gavel and seconded the motion for discussion. U Ciry of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2006 • Council Member Goodgame stated the Council does not know enough about the project to give an approval to move forward. Cecelia Bonifay stated she has not met with City or County staff and would be happy to discuss schools, recreation, or services beforehand, if there is a desire to work together. City Manager Saunders informed Council that the County's current future land use designation is Urban Expansion which allows 4 to 1 however the zoning is Agriculture which allows 1 to 5. Ms. Bonifay advised they are asking for a rezoning with Lake County. City Manager Saunders agreed that the request is premature and noted that Council recommended 1 unit per acre when reviewing the JPA maps for this area. Mayor Turville called for the question. The motion failed 2 to 2. Council Member Goodgame questioned tabling the item. City Manager Saunders advised that unless the issue is tabled from the Lake County meeting, the City will be giving up their right to make a statement and suggested possibly adding to a motion that the Council would consider readdressing it with more information. • Council Member Renick moved to send a letter to the County that 4 to the acre is inappropriate and recommended denial of the rezoning; Mayor Turville passed the avel and seconded the motion for discussion. City Clerk Ackroyd read the motion aloud made by Council Member Renick. Mayor Turville commented on sending a clear message to Lake County. City Manager Saunders thought it was a good motion as this project is inconsistent with what Lake County and City of Clermont staff has proposed. The motion passed 3 to 1 with Council Member Goodgame opposing. NEW BUSINESS Mayor Turville advised the next two items would be heard collectively. Resolution No. 1485 Mayor Turville read Resolution 1485 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 professional office complex. • Variance Request -South Lake Office Park City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2006 • Jim Hitt, Planning Director, briefed Council on the request. The owner is South Lake Medical Arts Center, LLC and the applicant is Denham Engineering, Inc. The existing zoning is R-3 with the parcel size of 12 acres located at the southwest corner of Oakley Seaver Drive and Citrus Tower Boulevard. The future land use district is Undeveloped District 5 (UD-5) and the future land use classification is Residential/Professional Office. The applicant requested a CUP to develop a professional office complex. The project will house 14 buildings containing a total of 116,000 square feet of professional office space to serve the Medical Professions Association with the Hospital. The unique proposal of the project will be the parking structure located adjacent to the eastern buffer. This parking structure will have two floors. The structure will be built into the ground, with only the western side exposed into the project and the back of the buildings. In the early 1990s, the soil at this site was disturbed without the required permits, and some soil was removed improperly to provide fill at another site. Additionally, trees have been removed from the site without permits. Staff has recommended that landscaping be planted in excess of code. Two variances are being requested to develop the site. The first request is for two building elevations to exceed 45 feet, the proposed elevation is 55 feet. The second request is for a sloped landscape buffer adjacent to Citrus Tower Boulevard. Staff believes this is an appropriate location for a professional office use and recommended approval of the Conditional Use Permit. Mr. Hitt reviewed the variance requests to allow for a building height of 55 feet rather than the maximum allowable height of 45 feet, and an interior height of 37 feet rather than the maximum allowable height of 35 feet. Staff recommended approval of the variance request. Also, the second variance request is to allow 5 feet of the 20 foot landscape buffer to be sloped to a 3 to 1 slope rather than 10 feet of the 20 foot buffer being sloped to a 4 to 1 slope. Overall there will be approximately a 65 foot green space/buffer from Citrus Tower Boulevard to the parking structure. By allowing this variance, the sight retains more of its topography and is less affected by grading. Staff recommended approval of the variance request. Applicant, John Schmidt, was present and available for questions. Mayor Turville opened the public hearing. Jim Purvis asked Council to discuss the sign issue. Council Member Goodgame advised there will be any signs as there are no retail shops in the building. Mayor Turville closed the public hearing. Council Member Renick remarked that both variances will make it a better looking project. Council Member Goodgame inquired about placing landscape along Citrus Tower Boulevard. City Manager Saunders advised that the code requires a minimum of 10 feet of flat area of which hedges and trees will be a flat landscape area. Mayor Turville voiced concern with the possibility of bike riders being tempted to leap from the parking garage and questioned the elevation. Brian Denham advised there will be a retaining wall of 3 to 4 foot to hold the slope back. • Mayor Turville advised to have staff understand his concerns during the site review process. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2006 • Council Member Goodgame asked for the total elevation difference. Mr. Denham replied that it is 25 feet. Council Member Goodgame also questioned a sidewalk against the landscaping. Mr. Denham confirmed the sidewalk will be against the right of way line. Council Member Goodgame moved acceptance of Resolution 1485; seconded by Council Member Mullins. The motion passed with all members present voting ave ". Council Member Goodgame moved acceptance of variance requests 1. 2 and 3; seconded by Council Member Mullins. The motion passed with all members present voting "ave ". Mayor Turville called for a recess at 9:02pm. The meeting reconvened at 9:14pm. Variance Request -Ruona Jim Hitt, Planning Director, reviewed the request by owner/applicant Albert & Laverne Ruona located at the north side of W. Lakeshore Drive, west of Harbor Lane and east of Rosewood Drive. The applicant requested a variance to allow for construction of a single family residence on a lot that has an 85 foot width. The applicants purchased this parcel September 5, 2003. The R-1-A zoning requirement for lot width is a minimum 100 feet. According to the City of Clermont 1926 Plat, there were originally 4 lots at this end of the block on W. Lakeshore Drive. There were two corner lots being 75 feet wide, and two interior lots being 55 feet and 54 feet 4 inches wide. The configuration was changed from four lots to three lots when homes were built on the two corner lots in 1957 and 1960. The east corner lot and the center lot were owned jointly up to 1983, when the center lot was created through a sale. The resulting lots were 89.68 feet, 85 feet and 85.03 feet. Non-conforming lots of record that were in existence prior to September 10, 1968 may be built on, provided it meets with all yard setback requirements. However, because the remaining lot was created in 1983 it cannot be built on without a variance. Due to the increase in lot width from the original plat, and the fact that each lot on both sides are already built on, staff is not opposed to this variance request, provided lot setbacks for the R-1-A zoning district are adhered to. The applicant, Al Ruona, was present requesting approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved approval of the variance request; seconded by Council Member Mullins. Council Member Renick questioned whether the neighbors were informed. Planning Director Hitt stated the neighbors were informed and they did not object to it. The motion passed with all members present voting "ave ". • City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2006 • Resolution No. 1486 Mayor Turville read Resolution 1486 aloud by title only. A Resolution of the City Council of the City of Clermont establishing fees and charges for use of Clermont Parks and Recreation Facilities and providing an effective date. City Manager Saunders advised Council of proposed changes in rental fees for recreation programs, Jenkins Auditorium and the Highlander Hut. Attachment `A' provides a listing of all of the fees. Council Member Goodgame requested increasing the non resident non profit fee for Jenkins and the Highlander Hut. He also requested amending the rental rates on the fields with lights. City Manager Saunders advised that staff did an analysis on the fees. In reference to the lights on the fields, they have timers and will not stay on for more than one hour at a time once turned on, unless someone reactivates the lights. Council Member Renick questioned how an increase in rental fees would affect the Chamber. City Manager Saunders advised that the agreement is the Chamber retains 50 per cent of the fees in return for managing the facility. Steve Berlinsky expressed concern with for profit groups using a resident to obtain the less expensive rate for utilizing the facility such as Weight Watchers. • Council Member Mullins spoke in favor of raising the for-profit rates and recommended staff discuss with the Chamber. City Manager Saunders pointed out that a lot of the non resident organizations serve our residents. Mayor Turville asked staff to moderate the fee for non-profits. City Manager Saunders requested Council consider postponement allowing staff time to review and be more reflective of civic use. Jim Purvis supported the concept of tabling until it can be studied in depth and to compare Jenkins to other facilities in its current condition. He read aloud an agreement between the Chamber and the City of Clermont approved in 1988 allowing payment of 50 per cent of the gross annual fees in return for service. Mr. Purvis questioned needing a third entity to assume the rental responsibility. He stated the entire operation is in need of review. City Manager Saunders stated the City paid the Chamber approximately $10,000 last year and the City would have to hire an additional staff person to manage that building. Mayor Turville questioned the percentage of total usage utilized by for-profit groups. City Manager Saunders replied that for-profit businesses can only book the building in a much shorter time frame versus a non profit organization. This gives the non profit groups more of a chance of renting • the building. 10 City ojClermont MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2006 • Mayor Turville suggested tabling until staff returns with resident friendly fees. City Manager Saunders recommended approving all the other fees except for Jenkins and Highlander Hut. Council Member GoodQame moved to adopt Resolution 1485 with the exception o the rental ees for Jenkins and the Highlander Hut; seconded by Council Member Renick. The motion passed with all members present votin~aye ". Council Appointment City Manager Saunders informed Council of the Lake Community Action Agency's request to appoint a representative to serve on their Board of Directors for 200'7. Our current representative is Council Member Elaine Renick. Mayor Turville asked Steve Berlinksy to serve in that position. Council Member Renick made the motion to have Mr. Berlinksy take over as a member of the board • seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Jim Purvis gave a brief account of the results of the Kings Ridge Hob Nob. ADJOURN: With no further comments, this meeting was adjourned at 10:02pm • ;ai,~ss: a, APPROVED: ~~ Harold S. Turville, Mayor ATTEST: i %:~ ' ;, ,, ~~~-~ .~ sL , Tracy ckroyd, City lerk • 11