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03-27-2007 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 27, 2007 The Clermont City Council met in a regular meeting on Tuesday, March 27, 2007 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, and Hogan. 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. PROCLAMATION Mayor Turville read the proclamation aloud declaring the month of April as Water Conservation Month. PUBLIC COMMENTS Amy McCarthy, Vice President of South Ridge Homeowners Association, commented on the SWAT Team being called into her neighborhood and the residents were not notified. She requested notification in the future. Assistant City Manager Gray advised that staff will investigate and get back with her. REPORTS Assistant City Manager Gray scheduled a Council workshop on Monday, April 16 at 6:OOpm. City Attorney Mantzaris remarked there are only four (4) Council members present. He advised applicants in the event there is a 2 to 2 vote, it is deemed a denial. Typically, if an applicant wishes to postpone until there is a full Council, then Council can grant the request. The transmittal hearing on the agenda includes 7 separate items and one has requested that it be postponed for 2 weeks to be given the opportunity to be heard by the full Council. The next meeting date is April 10, 2007. Council Member Hogan complimented Fire Station 3 on the response time being within 3 minutes for a call to his residence. Council Member Goodgame reported on the Tourism Board of which he serves on representing the City. At the last meeting, a proposed one-cent Tourism tax was discussed. Presently, all tourism tax dollars are spent to advertise tourism in the State of Florida and Lake County. The purpose is to promote events and items to bring more tourism dollars into Lake County. The proposed fifth penny was discussed at the County Commission workshop and it appears the majority of the Commissioners is in favor of the fifth penny tax, but wants the Tourism Board to make recommendations of where to spend the tax money. Council Member Mullins - No Report Mayor Turville reported on the agenda items that have been requested to be withdrawn or tabled. Property Purchase -David Heck The applicant requested this item be withdrawn. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 27, 2007 Resolution No. 1519 & Variance Request -Clermont Crossing The applicant requested these two (2) items be tabled to April 24. Council Member Goodgame moved to table Resolution 1519 to April 24• seconded by Council Member Mullins. The motion passed with all members present voting "aye" Council Member Goodgame moved to table the variance associated with Resolution 1519 to April 24; seconded by Council Member Mullins. The motion passed with all members present voting_"aye". Mayor Turville noted the Kings Crossing portion of the Comprehensive Plan Amendment has requested postponement. 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 to amend the Sanitation Budget and to purchase a new clam truck. Item No. 2 -Agreement Approval Item No. 3 -Agreement Approval Item No. 4 -Purchase Approval Approval of the FDOT Utility Design by Florida Department of Transportation which provides for the design and permitting for construction and relocation of utilities around specific retention ponds associated with the SR 50 widening project 238429-4-32-01 Approval of the FDOT Utility Work by Florida Department of Transportation which provides for construction and relocation of utilities around specific retention ponds associated with the SR 50 widening project 238429-4-56-01 Request approval to purchase Hand Held Meter Units for Utility Billing. Council Member Goodgame moved to approve consent items 1 through 4• seconded by Council Member Mullins. The motion passed with all members present voting "aye" UNFINISHED BUSINESS Ordinance No. 574-M Final Hearing Mayor Turville read Ordinance 574-M aloud by title only. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 27, 2007 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 SERVICE 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. Assistant City Manager Gray stated this ordinance is approved annually. It will extend the City of Clermont's inclusion in the County-wide Municipal Service Taxing Unit for the provision of Ambulance and Emergency Medical Services. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved acceptance of Ordinance 574-M• seconded by Council Member Mullins. The motion passed 4 to 0 on a roll call with all members present voting "ate NEW BUSINESS Event Request -Clermont Girls Softball League Assistant City Manager Gray reported on the request received from the Clermont Girls Softball League for the use of Hancock Park on April 21 & 22 for the National Softball Association Fast Pitch Tournament. The League is also requesting a reduction in the field rental fees. A 50% reduction has been granted in the past. Staff recommendation is to remain consistent as in previous years to grant a 50% reduction as well as the direct cost of park maintenance staff. Bob Rotton was present on behalf of the Clermont Girls Softball League. He requested consideration for a fee reduction and asked for a city worker to be paid at a regular rate instead of their overtime rate. Assistant City Manager Gray acknowledged it is difficult for us to allow staff to be off during the week thus the reason for requiring the overtime rate. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Mayor Turville agreed with following staffs recommendation as there are real costs associated with these facilities. Council Member Goodgame moved on staffs recommendation that we charge one half of the rental fees plus the~pay the direct City labor cost• seconded by Council Member Mullins. The motion passed with all members present voting "aye" City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 27, 2007 Variance Request -Congregation Sinai Emily Stallings, Planning Department, reported on the request located at 3551 Hancock Road. The variance is to allow for 31 spaces to be unpaved (grass) parking, rather than paved parking spaces. It was originally requested and approved in conjunction with a Conditional Use Permit (Res. 1466) on February 28, 2006. Since construction has not proceeded, the variance has expired. This request is for the very same variance, with no changes. A total of 35 parking spaces are required for the modular building at this site, according to the Land Development Code and initial seating calculations by the Clermont Fire Marshall. There are 12 paved parking spaces being provided, which include six regular spaces and six handicapped spaces. The 12 spaces equal 34.2% of the required spaces. There are 31 grass parking spaces, which equal 65.8% of the required spaces, and include an additional eight (8) grass spaces in excess of the total required amount of spaces. A total of 43 parking spaces, paved and grass are provided. Staff recommended approval of the variance request. Applicant, Norm Posner, former President of Congregation Sanai, was present to request approval. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, spoke in support of the request. Mayor Turville closed the public hearing. Council Member Mullins moved to grant the variance• seconded by Council Member Good~ame. The motion passed with all members present voting "aye" Variance Request -Dobbs Office Building Jim Hitt, Planning Director, reported on the requested variance from owner/applicant First Avenue Construction, LLC. It is located at the northwest corner of Brogden Drive and Cluster Oak Drive (west of US 27). The request is to allow two six foot retaining walls within the required 20 foot landscape buffer, rather than no walls. The applicant is requesting that the required 20 foot landscape buffer along Brogden Drive be segmented by two six foot retaining walls on the interior lot side, adjacent to Brogden Drive. The result would be at least a 10 foot landscape buffer at 10% grade (per code) with the remaining 10 foot broken up by two six foot retaining walls. The applicant is effectively requesting a reduction of the landscape buffer. The Land Development Code allows for 10 foot of the 20 foot landscape buffer to have a 10% grade, and the remaining 10 feet to have a maximum 4 to 1 grade. The plan does not meet code for the landscape buffer along Brogden Drive. The topographic grade difference shows about a 20 foot drop from the south to the north. Due to the building size, required parking, and site configuration, the proposed layout is too tight for the site. Staff recommendation is for denial of the variance request. Applicant, John Nehmatellah, was present requesting approval of the variance from the Council Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, spoke in favor of granting the variance. Mayor Turville closed the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 27, 2007 Council Member Goodgame and Council Member Mullins expressed concern with the building appearing to be close to the bottom of the retaining wall. Mayor Turville voiced a safety concern. Planning Director Hitt commented on safety being a staff concern also. The applicant agreed to resolve the concern and requested putting in a guard rail. Council Member Goodgame suggested tabling and let the applicant work with Planning Director Hitt on moving this building further away from the wall and if that can be done then return to Council with a more acceptable design to staff. Council Member Goodgame moved to table for 2 weeks to the April 10 meeting; seconded by Council Member Mullins. The motion passed with all members present voting. "ate Resolution No. 1520 Highland Industries Mayor Turville read Resolution 1520 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 AN AMENDMENT OF RESOLUTION NO. 1299 TO ALLOW ADDITIONAL REPAIRS TO A VARIETY OF TRAILERS AND TO ALLOW ADDITIONAL DISPLAY AREAS ON SITE. Jim Hitt, Planning Director, reported on the Conditional Use Permit request to amend Resolution 1299 to allow additional repairs to a variety of trailers and to allow additional display areas on site. The amendment would allow for repair of trailers, tire and wheel repair, body work on trailers and a display area of trailers. The display area would consist of a 20 foot by 40 foot area adjacent to Highway 27. The applicant is currently operating a trailer assembly business which was approved in January 2003 by Resolution 1299. The existing resolution only allows for final trailer assembly and retail sales of the trailers. The applicant is also requesting to expand the storage area to the south of the property. The proposal would be to fence in an area adjacent to Highway 27 for storage of assembled trailers. The original conditional use permit required all storage areas be screened from public view and did not allow for any trailers or trucks to be parked for display along Highway 27. The applicant has a limited amount of time to use the property "as is" before the Florida Department of Transportation creates the Off Ramp to Highway 50 straight through the middle of the applicants property. At this time the applicant will be required to obtain a new Conditional Use Permit to continue the use of the operation. The applicant has requested item 3 and item 4 of section 2 be eliminated to allow for chain link fencing. Staff recommended approval. This shall be valid for four (4) years from the date of execution. Applicant, Charlie Russ, owner of the property was present. He has been an occupant since 1971 and has created 4 businesses. Mr. Russ asked for a display area and advised the business is not open on Sundays and only limited hours on Saturdays. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 27, 2007 Mayor Turville opened the public hearing. Coqui Whithead, 837 5`h Street, spoke in favor of the request. Jim Purvis, 4206 Hammersmith Drive, requested consideration be given for a display area. Mayor Turville closed the public hearing. Council Member Goodgame asked if there is sufficient customer parking. Planning Director Hitt advised there is plenty of parking. Mayor Turville spoke in favor of the request. Mr. Russ commented for the last 15 years, there has not been a piece of equipment left outside of the confines of the shop when the business is closed. In this CUP, there is a reference to a Budget Truck Rental approved a few years ago; those trucks will be moving to the Kmart shopping center. Council Member Goodgame questioned landscaping. Mr. Russ remarked the plans are to meet code. Council Member Mullins moved to adopt Resolution 1520• seconded by Council Member Goodgame. The motion passed with all members present voting"aye". Large Scale Comprehensive Plan Amendment -Transmittal Hearing Barbara Hollerand, Planner, reported on the transmittal hearing for amendments to the Comprehensive Plan to amend the Future Land Use Map and text changes to Appendix C. The amendment includes 2 administrative requests. She advised the audience of a form citizens can sign up to receive notification from the Department of Community Affairs that the amendments are final which will be in the August and September timeframe. Item 6 has been moved to the April 10 agenda at the request of the applicant. Ms. Hollerand reviewed each item. Item 1 is an administrative text amendment to add new policies that enhance intergovernmental coordination as it relates to open space. The Planning and Zoning Board recommended approval with a few wording changes. Staff recommended approval. Item 2 is an administrative annexation amendment for the Southern Fields phase 3 property. The change will be from County Urban Expansion to UD-7 Residential. It is the last of the three phases of Southern Fields to be annexed and rezoned and to have the future land use changed from County to City. The Planning and Zoning Board and staff recommended approval. Mayor Turville opened the public hearing on items 1 and 2. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved acceptance of item 1 under the large scale com~plan amendment; seconded by Council Member Mullins. The motion passed with all members present voting aye". City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 27, 2007 Council Member Mullins moved to approve item 2 under the large scale comp plan amendment; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Item 3 is an annexation amendment for the Bosserman 14 property. The change will be from County Urban to UD-6 Commercial. The larger parcel was rezoned C-2 on July 25, 2006. The smaller parcel was already in the City and has Urban Estate zoning. The Planning and Zoning Board and staff recommended approval. The applicant was present. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved acceptance of item 3 under the lame scale com~plan amendment; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Item 4 is an annexation amendment for Real Life Christian Church. The change will be from County Urban Expansion to UD-2 Public Facilities/Institutional. The Planning and Zoning Board and staff recommended approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Hogan moved to approve item 4 under the large scale comp plan amendment; seconded by Council Member Goodgame. The motion passed with all members present voting aye". Item 5 is a text amendment to add "automotive and truck repair service" to allowed uses at the location in EBD-1. The applicant currently operates an automotive and truck repair service business known as Bees Auto at 899 West Montrose Street, which is across the street from the subject property, located at 898 West Montrose. The business has been at its present location since 1982, which was prior to the adoption of the City's comp plan and Future Land Use Map. This use at this location was grandfathered in with the adoption of the comp plan in 1991. Presently, the EBD-1 future land use district does not allow any automotive and truck repair service uses. Existing uses of this type, however, are grandfathered in but remain as non-conforming uses and cannot be expanded without an amendment to the comprehensive plan. The applicant purchased the subject property a year ago with the intention of moving Bees Auto across the street. The subject property also had been previously used for an automotive and truck repair service known as A&S Auto Center, but this business ceased operations at this location in 2004. Because there was an interruption of time in the automotive and truck repair service use of the subject property, the grandfathering-in of the non-conforming use has been lost and reinstatement of this use will need to undergo the comp plan amendment process. Additionally, the applicant will need to apply for a conditional use permit for the new location. An automotive and truck repair service use at this location in the Central Business District would not be without precedent. Until three years ago, two such businesses operated across the street from one another in the district. By relocating the existing Bees Auto business to the site across the street, the effect of the change is minimal. The subject property, at nearly half an acre, is three times larger than the existing Bees Auto property. In relocating the business, the City will have an opportunity to review a new site plan and can require improvements such as additional landscaping. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 27, 2007 Through the site review process for the conditional use permit, the applicant would be required to present a detailed site plan demonstrating how the use will work on the property. Buffering the residence to the east of the property also would be taken under consideration in the public hearing process. Staff believes the applicant's business is more appropriately sited on the subject property than at its existing location. The text change to add automotive and truck repair service use to this location in EBD-1 is a limited expansion of this use in this district, but one that has a precedent. The conditional use permit process will afford the City the opportunity to work with the applicant in developing an appropriate site plan that will accommodate the use on a larger site while enhancing the landscaping of the property. The Planning & Zoning Commission unanimously recommended approval for this amendment. Staff recommends approval of the Future Land Use Element Appendix C change. Applicant, Wayne Weatherbee, was present. He expressed concern with the language in the application. City Attorney Mantzaris noted the business ceased to operate. Mayor Turville suggested the applicant may be better served by having a full Council present. Mr. Weatherbee requested postponement. Council Member Mullins stated issues need to be worked out between the applicant and the City. Council Member Goodgame moved to table to April 10• seconded by Council Member Hogan. The motion passed with all members present voting "ave". Item 6 has been tabled to April 10. Item 7 is a request by Gerald A. Jones. This request affects an approximately quarter-acre property, located on the southwest corner of S.R. 50 and Lake Avenue, north of Chestnut Street. The owner/applicant is Gerald A. Jones, represented by Fred Morrison. The property is zoned C-1. The applicant has requested a text change that would add as an allowed land use `automobile and truck service including automobile and truck repair garage' to permit construction of a new building at the rear of the property to house and existing vehicle lift now located outdoors and to allow inside storage of items currently stored outdoors, to achieve code compliance as required by order of the Code Enforcement Board. Staff determined that part of what was requested was outside the parameters of the comp plan amendment process. Staff identified two potential amendments-one map and one text-that are prerequisites for any changes to the uses on the property. These identified amendments are a Future Land Use Map amendment to change the future land use from Residential/Professional to Commercial and a text change to the Future Land Use Element Appendix C language to add "automotive and truck repair service" as an allowed use at this location in the NED-3 district. The applicant operates an automotive and truck repair business known as Jones Racing at 611 West Highway 50. The applicant also owns the property to the rear, which is 604 Chestnut Street. The lot numbers for the property are lots 1 & 2 along 50 and the east 100 feet of lots 18 & 19 along Chestnut Street. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 27, 2007 A conditional use permit which governed both properties was approved by the City Council in 1989. This CUP was for the expansion of anon-conforming use on the property. Fifteen conditions were outlined in the CUP. At this time, the applicant is requesting a comp plan amendment to add automotive and truck repair service uses at this location in NED-3. However, although the properties are within the NED-3 district, they have Residential/Professional (not commercial) future land use. Adding this use would need to be in conjunction with a map change from Residential/Professional to Commercial. Commercial uses such as the requested use may only be allowed on properties with Commercial future land use. Staff is not in support of the applicant's request for a text amendment, nor is it in support of the map amendment that would be necessary to accommodate the text change. This automotive and truck repair service is anon-conforming use on property that currently has aResidential/Professional future land use. The entire Block 72 is Residential/Professional, as are the entire blocks on either side. East of the property is a medical office; to the west are professional offices. North of the property is NED-3 Commercial, but separated by a four-lane highway. To the south is Established Residential District 2, a residential-only future land use district that spans from 12`h Street to beyond East Avenue. Staff is not in support of a map change that would fragment this block between Commercial and Residential/Professional. This use at this location, though long-standing, is anon-conforming use. The property abuts awell-established residential neighborhood that is not transitioning away from its residential use. Staff believes the applicant has not demonstrated a good faith effort to maintain his non-conforming use in a manner consistent with the conditions of his 1989 conditional use permit. The existing conditional use permit did not allow commercial use on the back lots, contrary to what is stated in the application. The 1989 CUP states that the lots fronting Chestnut Street may only be used as a residence or as two professional offices. Staff maintains that removing the non-conforming use status through a comp plan amendment is not appropriate at this location. The Planning & Zoning Commission voted 8-1 to recommend approval for this amendment. Staff recommended denial of the text amendment request. Fred Morrison, Attorney, was present to represent Gerald Jones. He submitted letters to Assistant City Manager Gray for submission into the record for support. He requested Council approval. Mayor Turville opened the public hearing. The following spoke in support of the applicant: William Lang, Brad Pinkerton, Jason Tomashek, Chad Anderson, Jeremy Hickey, Tim Clarke, Bill Clarke, Kim Fielding, Don Garasky, Jim Johnson, Cindy Malask, Don Graham, John Sarta, Charles Forth, and Charlene Forth. Coqui Whitehead, 837 5"' Street, spoke against the request. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 27, 2007 Jim Purvis, 4206 Hammersmith Drive, spoke as a citizen and a member of the Code Enforcement Board. He stated the Code Enforcement Board did not know how to resolve this issue and noted he is out of compliance. City Attorney Mantzaris advised this is a comprehensive plan amendment; not an issue with Code Enforcement. Mayor Turville closed the public hearing. Mayor Turville agreed to provide the applicant the language needed to operate. Council Member Mullins also spoke in favor of moving forward with the request. Council Member Mullins moved to approve comp plan amendment #7; seconded by Council Member Hoban. Under discussion, Council Member Goodgame stated he has no assurances that going forward with this request will be any better than the current situation. The motion passed 3 to 1 with Council Member Goodgame opposing. Selection of Code Enforcement Attorney Assistant City Manager Gray commented that Council passed an ordinance to appoint a separate Code Enforcement Board Attorney. The Code Enforcement Board interviewed the top two (2) and their recommendation is Ms. Valerie Fuchs and would take effect October ls`. Jim Purvis, on behalf of the Code Enforcement Board, thanked City Manager Saunders, Assistant City Manager Gray and Council to allow them the opportunity to interview. Both candidates were extremely well versed and knowledgeable. Council Member Goodgame moved to approve the selection of Valarie Fuchs; seconded by Council Member Mullins. The motion passed with all members resent voting_"aye". ADJOURN: With no further comments, this meeting was adjourned at 10:21pm / AT'7 Tracy A~kroyd, City APPROVED: .-.~ rold S. Turville, Mayor 10